To start a business in the State of Texas, one needs to get an ASSUMED NAME CERTIFICATE. 

Commonly known as “doing business as / dba”, most banks require an Assumed Name Certificate to open a business bank account. It is necessary to obtain an Assumed Name Certificate in every county where business will be conducted.

The filing fee for an assumed name in Hays County is $25.00 for one owner. If there is more than one owner, add 50¢ (50 cents) for each additional name listed.

An Assumed Name Certificate is good for ten (10) years from the date of filing unless a shorter period of time is specified on the certificate. The Hays County Clerk has no duty to notify a party of the expiration of a certificate, therefore, it is the owner's responsibility to make sure a new certificate is filed timely.

If the business closes it is necessary to file an ABANDONMENT OF ASSUMED NAME. A WITHDRAWAL FROM AN ASSUMED NAME is filed if one or more partners in the business wishes to withdraw. The same fees apply as filing an assumed name certificate.

Mailing an Assumed Name into our office:

Your original completed and notarized form(s) will need to be mailed into the County Clerk’s office with a check or money order:

Hays County Clerk

712 S. Stagecoach Trail, Ste. 2008

San Marcos, TX 78666

Forms can be downloaded from the Forms page.

FAQs

Who can request a certified copy of a birth certificate or a death certificate?

For births within the past 75 years and deaths within the past 25 years, only the immediate family members to the person whose name is on the birth certificate or death certificate are eligible to request a copy. 

All those with any other relationship to this person must provide proper identification and also legal documentation, such as a court order establishing guardianship. If you are the legal representative of a qualified applicant, send us a release which documents a direct and tangible interest in the record you are requesting.

Who is considered an immediate family member?

Any of the following relationships by blood or marriage are considered to be immediate family members: self, child, parent, brother, sister, and spouse.

How do I get a copy of the record if I am not an immediate family member?

You may present a written, notarized statement signed by an immediate family member along with a copy of a photo ID of that family member. The statement must give permission to release a certified copy of the certificate to you. You (the applicant)  will be required to complete an application form and present your photo ID along with the notarized statement.

How can I order vital records from other states?

If you would like to request vital records from other states, visit the National Center for Health Statistics website for more information.

What are acceptable forms of Identification?

A photocopy of the applicant’s valid government-issued photo ID. The following are acceptable forms of ID:

• Driver’s License
• Federal or State Identification card
• Federal, State or City law enforcement employment identification card, or employee badge accompanied by employment identification card
• Offender Identification Card issued by the Department of Criminal Justice correctional facility or institution
• Military Identification Card

For more information on what forms of Identification you can present to us please take a look at Texas Administrative Code: Rule §181.28(i) (10)-Primary Identification

How to Order Certified Copies of Birth & Death Certificates by Mail

COMPLETE NOTARIZED APPLICATION FOR A CERTIFIED COPY- [Go to Documents ]

REQUIRED FEE- (see application)

COPY OF APPLICANTS DRIVERS LICENSE

MAIL PAYMENT (CHECK OR MONEY ORDER) AND ALL COMPLETED NOTARIZED FORMS TO OUR ADDRESS BELOW:

Hays County Clerk

712 S. Stagecoach Trail, Ste. 2008

San Marcos, TX 78666

Texas Health and Safety Code § 191.0031 as of September 1, 2015

Certifed copies for Birth or Death Certificates by mail: The state registrar or a local registrar may not issue a cerfied copy of a record under this chapter to a person who has applied for the record by mail unless the person has provided notarized proof of identification in accordance with rules adopted by the Executive Commissioner of the Health and Human Services Commission. The rules may require the issuer of the certified copy to verify the notarization using the records of the Secretary of State under Section 406.012, Goverment Code.

* ONLY A “QUALIFIED APPLICANT “CAN RECEIVE A CERTIFIED COPY *

IT IS A THIRD DEGREE FELONY TO FALSELY OBTAIN, USE, OR ALTER ANOTHER PERSON’S CERTIFICATE OF BIRTH OR DEATH

Each person who owns cattle, hogs, sheep, or goats shall record that person’s earmarks, brands, tattoos, and electronic devices with the County Clerk of the county in which the animals are located. [Agriculture Code 144.041] Marks and Brands must be re-recorded every ten years after August 30, 1981.

Application/Registration Form is available under the Forms tab below.

Visit the Hays County District Clerk's Office for Divorce Records.

In reference to Resolution No. 28538, all Foreclosure Postings and Sales will take place on the South Door of the Hays County Government Center, 712 S. Stagecoach Trail, San Marcos, Texas 78666.

Foreclosure sales occur on the first Tuesday of every month at the Government Center. Filed foreclosure notices are uploaded weekly and be viewed here.

Texas is a non-judicial foreclosure state. Default is defined in the Deed of Trust (Mortgage) and/or Promissory Note. When a debt is defaulted a Substitute Trustee's sale will take place in the manner authorized by the Deed of Trust/Promissory Note.

To apply for a Marriage License with the Hays County Clerk's Office, see the below options:

Walk-In

For couples who can both appear in person, please complete an application on the Self-Service portal prior to visiting our office. Choose Marriage Application if you will have a ceremony after 72 hours waiting period and prior to the 90 day expiration date. Choose Informal Marriage License if you will not have a ceremony. Upon completing the application, you must visit any of our four locations to finalize the process during the business hours of M - F, 8:00 am - 4:30 pm.

Locations  

Hays County Government Center

712 S. Stagecoach Trail, Ste. 2008

San Marcos, Texas 78666

Precinct 2 Substation                                        
5458 FM 2770

Kyle, Texas 78640 (within Commissioner Cohen's Office)

Precinct 3 Substation

200 Stillwater, Ste. 101

Wimberley, Texas 78676

Precinct 4 Substation

195 Roger Hanks Parkway

Dripping Springs, Texas 78620

Note - Precinct Substation offices close for lunch from 12 pm - 1 pm.

Remote (Virtual)

If both applicants are unable to appear in person, use the link below to apply for a Remote Marriage License. Note - this process is only available for the purchase of a formal Marriage License, which does require a ceremony. Select the link to Apply for Remote Marriage License. Once the Marriage License is issued, you may have a ceremony after the 72-hour waiting period and before the 90-day expiration period. 

Additional Information 

Each applicant will need proper government-issued identification such as a Driver's License, Certified Copy of Birth Certificate (not a hospital record), or a Valid Passport. For more information on proper identification please see Texas Family Code: 2.005.

If you have any questions about identification requirements, please call our office.

Fees

The Fee for a formal Marriage License is $81.00 “Cash or Credit Card only”. The Marriage License is good for 90 days from the date of issuance and there is a 72-hour waiting period from the date of issuance.  

If you present a “Premarital Education Course Certificate” – only through the TWOGETHER IN TEXAS PROGRAM approved by the State – the fee will be $21.00 and the 72-hour waiting period is waived. You must present a copy of the Twogether in Texas Certificate at the time of purchase so the clerk can reduce the fee to $21.00. 

Effective January 1, 2019, a $100 Out-of-State Applicant fee will be assessed if neither applicant can prove Texas residency.

All fees are waived if you are a member of the National Guard on federal active duty, or a member of the armed forces of the United States on active duty, who is preparing to be deployed to serve in a hostile fire zone.  You will need to provide documentation of your deployment.

Absent Applicants: If one of the Applicants is unable to appear at the Clerk's office, you may submit an “Affidavit of Absent Applicant” for that person when purchasing the Marriage License. The “Affidavit of Absent Applicant” needs to be signed and notarized by the Absent Applicant before purchasing a Marriage License. The person who is the Absent Applicant needs to appear at the ceremony.

Proxy Marriage: The only persons who can appoint a person to act as a proxy to participate in the ceremony are members of the armed forces of the United States stationed in another country in support of combat or another military operation and they are unable to attend the ceremony. See House Bill 869 effective 9-1-2013.

If an applicant is divorced, there is a 30-day waiting period after the divorce decree before they can marry another person. If this waiting period is waived in your divorce decree you will need to produce a copy of the decree. If applicants are remarrying each other, there is no waiting period.

If you have any questions, please call 512-393-7738.

For information regarding FREE Marriage & Relationship Workshops issuing the State Approved “Premarital Education Course Certificate”, visit the TWOGETHER IN TEXAS website.

Frequently Asked Questions:

Marriage License FAQs

Please submit meeting notices before 3:30 p.m. by email or fax so they can be posted in a timely manner. If you submit after that time, we will post the notice the next business day. The fee for posting the posting meeting notices is $2.00 per each one.

Fax: 512-393-7735

Call: 512-393-7738

Email: countyclerk@co.hays.tx.us

Formatting Requirements (Local Government Code Sec.191.007)

• A heading or title is required at the top of the first page to identify the type of document being filed. Please leave 3 inches in the top margin for a file mark
• Paper must be white, no larger than 8.5 x 14 inches, and no smaller than 8.5 x 11 inches. Paper must be a sufficient weight and substance so that printing, typing, or handwriting will not bleed through.
• Font size must not be smaller than 8-point type.
• Filings from a Texas court must be a complete, original, court-issued certified copy. Please call the office for instructions on out of state court documents.

Signing Requirements

• Must include the original signature of each current owner (grantor). Name(s) must be printed or typed immediately beneath the signature or a penalty fee will be charged. (Local Government Code Sec. 191.00)
• Copies of signatures will not be accepted. (Texas Property Code Sec. 12.001)
• The grantor’s signature must be notarized or otherwise proved or sworn according to law. (Texas Property Code Sec. 12.001(b))
• Notary seals must be legible and current. (Texas Property Code Sec. 12.001)

Penalties

More than 5 names (Local Government Code Sec. 118.011)

• There will be a $.25 penalty fee added for each additional name to be indexed.

No grantee address on Deed (Texas Property Code Sec. 11.003)

• There will be a $25 penalty fee plus recording fees.

No sensitive data - SSN, Letters Testamentary, BC/DC

• We will send a courtesy rejection.

Image quality

• If poor but legible, blank pages, wrong size, wrong county etc., we will do a courtesy rejection. If needed, we will apply a "clerks note" stamp to pg. 1. 

*Any Legal questions regarding content should be directed to an attorney.

ELECTRONIC RECORDING REQUIREMENTS

Electronic Recording (E-Recording) services are available Monday through Friday, from 8:00 AM to 3:30 PM.

*Documents will not be processed on county holidays, weekends, inclement weather days or in the event of network or equipment failure. The County will attempt to notify the company of any disruption in service.

Persons Authorized To File Electronically (Sec. 195.003)

1. An attorney licensed in this state;
2. A bank, savings and loan association,
   savings bank, or credit union doing business under laws of the United States or this state;
3. A federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;
4. A person licensed to make regulated loans in this state;
5. A title insurance company or title insurance agent licensed to do business in this state;
6. An agency of this state; or
7. A municipal clerk.

Electronic Filing of Real Property Documents

You may contact one of the following e-filing providers to electronically file documents with our office:

CSC - Corporation Service Company 

866-652-0111                       

www.cscglobal.com                                                                                                                                             

Simplifile

800-460-5657 

www.simplifile.com

eRecording Partners Network                               

888-325-3365                     

support@GOePN.com                                         

www.GOePN.com

Additional Electronic Recording Requirements

Must have a current MOU on file to record

• If you do not have one, your document will be rejected, and you will have to reach out to any of our vendors above for assistance in getting set up.

Documents that are ineligible for eRecording:  

• Bond to Indemnify (BTI),
• Notice of Foreclosure Postings,
• Assumed Name/ DBA/ Fictious name
• Plats

Processing Schedules

• Documents will be processed within a 24-hour period.

Margin Size

• Leaving a 1-inch top margin for recording sticker

See the following forms and documents for a variety of services:

Assumed Name (DBA)

Assumed Name (DBA) 

Assumed Name (Three or More Owners)

Assumed Name Resources and Information

Assumed Name Resources and Information (Spanish)

Marriage Licenses

Certified Copy of Marriage License Request Form

Marriage License Frequently Asked Questions (FAQ)

I.D. Requirements for Marriage License (English)

I.D. Requirements for Marriage License (Spanish)

Absent Applicant Affidavit

Absent Applicant Information

Marks and Brands

Marks and Brands Application

Birth and Death Certificates

Birth and Death Certificate Application By Mail

Birth and Death Certificate Application By Mail (Spanish)

Birth and Death Certificate Frequently Asked Questions (FAQ)

Methods of Payment

We accept Cash, Money Orders, Checks and Credit Cards at all locations.

Not all methods of payment may be acceptable for certain services. Note that neither checks nor money orders are accepted for marriage licenses. Please contact our office if you are unsure at 512-393-7738.

FELONY criminal cases are filed in the District Clerk’s office – contact that office for payment options at 512-393-7660.

CREDIT CARD

If you are paying online, you will need to contact our office by telephone at 512-393-7738 to let us know you are making a payment or to get a quote on cost for services. Then you will go to www.certifiedpayments.net and enter:

BUREAU CODE 6230101 for the Courts Division or

BUREAU CODE 5925183 for the Property Records/Vitals Division.

Please enter a valid email address and phone number when completing the payment screen so a clerk can contact you if any questions. NOTE: There is a 2.3 % convenience fee added to the payment for using this card service.

CHECKS/MONEY ORDERS

Payments should be made payable to: Hays County Clerk’s Office

Mail payments to the below address:

Hays County Clerk’s Office

Suite 2008

712 South Stagecoach Trail

San Marcos, Texas 78666

Include your name, Date of Birth and Drivers License/ID # on the check.

Records Division Fee Schedule

Legal Information and Forms

https://texaslawhelp.org/

Statewide Marriage License Index

http://www.dshs.texas.gov/vs/marriagedivorce/mindex.shtm

Texas State Constitution and Statutes

http://www.statutes.legis.state.tx.us

Texas Secretary of State

http://www.sos.state.tx.us/

Texas Comptroller of Public Accounts

https://comptroller.texas.gov/