Married man while he was in prison and we never consummated the marriage, can I get an annulment?

No, failure to consumate a marriage is not a ground for an annulment in Texas. In Texas, the only grounds by which you can annul a marriage are:

1) a party to the marriage was underage and did not have parental consent or a court order for the marriage;

2) a party to the marriage was under the influence of alcohol or drugs and thus did not have the capacity to consent to the marriage (and you have not lived with him since);

3) a party to the marriage was permanently impotent and you did not know (and you have not lived with him since);

4) he induced you into the marriage by fraud, duress or force;

5) a party to the marriage was mentally incompetent to consent to the marriagel

6) a party to the marriage was divorced from someone else less than thirty days before this marriage; or

7) this marriage took place less than 72 hours after receiving the marriage license.

If you do not meet any of these requirements, you will have to get a legal divorce in Texas. However, if you are your spouse can come to an agreement and he is willing to sign a waiver, you can get an uncontested divorce for a reasonably affordable price.