BIRTH RECORDS: 75 years and under as of Jan 1 (1938, as of 2013) and only the name, date, and place of birth can be on the internet in a vital records index. Parents names will need to be removed. Remember, this does not include obituaries, or other published form.

DEATH RECORDS: A death record is public information on and after the 25th anniversary of the date of death as shown on the record filed with the state bureau or local registration official. (1988 as of 2013)

MARRIAGE RECORDS: No date requirements on the marriage records but they must not contain social security information.

FOLLOWING is the message from SHS vital unit:
Hello Ms. Bennett

We just spoke on the phone regarding open record information. This is what the Texas Government Code and Texas Administrative Code states:

Texas Government Code § 552.115. EXCEPTION: BIRTH AND DEATH RECORDS. (a) A birth or death record maintained by the bureau of vital statistics of the Texas Department of Health or a local registration official is excepted from the requirements of Section 552.021 (Open Records), except that:

(1) a birth record is public information and available to the public on and after the 75th anniversary of the date of birth as shown on the record filed with the bureau of vital statistics or local registration official;

(2) a death record is public information and available to the public on and after the 25th anniversary of the date of death as shown on the record filed with the bureau of vital statistics or local registration official;

(3) a general birth index or a general death index established or maintained by the bureau of vital statistics or a local registration official is public information and available to the public to the extent the index relates to a birth record or death record that is public information and available to the public under Subdivision (1) or (2);

(4) a summary birth index or a summary death index prepared or maintained by the bureau of vital statistics or a local registration official is public information and available to the public.

Title 25 Texas Administrative Code §181.23 (b)(2): A general birth index is public information and available to the public to the extent the index relates to a birth record that is public on or after the 75th anniversary of the date of birth as shown on the record unless the fact of an adoption or paternity determination can be revealed or broken or if the index contains specific identifying information relating to the parents of the child who is the subject of an adoption placement. The bureau of vital statistics and local registration officials shall expunge or delete any state or local file numbers included in any general birth index made available to the public because such file numbers may be used to discover information concerning specific adoptions, paternity determinations, or the identity of the parents of children who are the subjects of adoption placements.

Title 25 Texas Administrative Code §181.23 (b)(3): A summary birth index maintained or established by the bureau of vital statistics or a local registration official shall be prepared by event year, in alphabetical order by surname of the registrant, followed by any given names or initials, the date of the event, the county of occurrence, and sex of the registrant. A summary birth index or any listings of birth records are not available to the public for searching or inspection if the fact of adoption or paternity determination can be revealed from specific identifying information.

As far as marriage license application information goes. The Texas Government Code States: §552.141 (a) Information that relates to the social security number of an individual that is maintained by a county clerk and that is on an application for a marriage license, including information in an application on behalf of an absent applicant and the affidavit of an absent applicant, or is on a document submitted with an application for a marriage license is confidential and may not be disclosed by the county clerk to the public under this chapter.

So the only confidential information regarding marriage license application information would be the Social Security Number. So therefore marriage license application indexes would be open record as long as they do not show the social security number.

Disclosing confidential information is an offence under Texas Government Code §552.352, which is punishable up to $1,000 fine and 6 months incarceration.

Area Representative - Central Texas; Department of State Health Services Vital Statistics Unit