Untitled Texas Attorney General Opinion ( 1980 )

The Attorney General of Texas
August 21, 1980
MARK WHITE
Attorney General
Honorable Tim Curry Opinion NO. m-225
Criminal District Attorney
Tarrant County Courthouse Re: Whether a married woman
Fort Worth, Texas 76102 may register to vote tmder a
hyphenated last name consisting of
her maiden name and her husband’s
surname
Dear Mr. Curry:
You ask the following question:
May a married woman register to vote under a
hyphenated last name consisting of her maiden name
and her husband’s surname.
Article 5.13b of the Election Code provides in pertinent part:
An application form for voter registration shall
provide that the following required information be
furnished by the applicant:
(1) The applicant’s first name, middle name (if
any), and surname. If the applicant is a married
woman using her husband’s surname, she shall furnish
her first name, maiden name, and husband’s surname.
section requires every applicant to state his surname. A married
woman who uses her husband’s surname must also give her maiden name.
The law &es not require that every married woman use her husband’s
AnEqual
.~opportunity/ surname on her application for voter registration.
:tionEmployer -See Attorney General
Opinion H-432 (1974).
In our opinion, a married woman may assume a hyphenated surname
consisting of her maiden name and her husband’s surname. Attorney General
Opinion H-432 (19’74)discussed the common law right of a person to change
his name “by repute.” Section 32.21 of the Family Code did not abolish that
right, but merely provided a method for recording the change. In re Evett’s
Appeal, 392 S.W.2d 781 (Tex. Civ. App. - San Antonio 1965, writ ref’dl. The
P. 717
Honorable Tim Curry - Page TWO (MN-2251
Court of Criminal Appeals has recognized the right of a married woman to be known
by her maiden name or a name other than her husband’s surname. Rica v. State, 38
S.W. 801 (Tex. Crim. App. 1897). The court also quoted a legal encyclopedia which
stated that a couple on marriage might join their names together. In Young v. State,
17 S.W. 413 (Tex. Civ. App. 18911,the court recognized the use of a double surname by a
native of Mexico known by both his mother’s and father’s surnames.
We believe that a woman may change her name by repute at the time of her
marriage to a hyphenated combination of her maiden name and her husband’s surname,
as long as she uses that name consistently and non-fraudulently. See Attorney General
Opinion H-432 (1974). She may register to vote under the hyphe=ed surname which
she has assumed.
SUMMARY
A married woman may register to vote under a hyphenated
last name consisting of her maiden name and her husband’s
surname.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jon Bible
Susan Garrison
Rick Gilpin
Iris Jones
P- 718