It depends if there was a divorce decree ever entered or not. If he's divorced you, then you're free to remarry. If he hasn't, then your subsequent remarriage won't be legal (not illegal, just not legally recognized if it ever comes up). I'd consult a lawyer to do some searches and possibly get a divorce put through for you.
You can contact Austin Texas's Bureau of Vital Statistics and see if there is a divorce on file. If not, then you need to divorce him.
There are plenty of attorneys in Houston so pick one & get it done properly. I would never ASSUME that I was divorced if I had not signed divorce papers. If you are not legally divorced then you are still married to him. If you win the lottery, he could show up & want 50% of your winnings!
Fran Brochstei's answer is right on point. Go one more step if there is a divorce of record: obtain a certified copy of that decree by determining the court in which the decree was filed. If it is not merely a divorce but has any provision for property that was community, including retirement benefits, you may need to investigate whether a declaratory or other action against him is necessary. You also need to be sure that the person with your husband's name is/was your husband, and not just someone with an identical name.
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