37 Tex. Admin. Code § 15.49 - Proof of Domicile
(a) To establish
domicile in Texas for a non-commercial driver license or identification
certificate, an applicant must reside in Texas for at least thirty (30) days
prior to application. Applicants who surrender a valid, unexpired out-of-state
driver license or identification certificate are not required to reside in
Texas for at least thirty (30) days prior to application.
(b) In order to prove domicile, all original
applicants for a driver license or identification certificate must present two
acceptable documents verifying the applicant's residential address in
Texas.
(c) The department may
require individuals renewing or obtaining a duplicate driver license or
identification certificate to present proof of domicile prior to
issuance.
(d) In order to satisfy
the requirements of this section the individual must provide two documents,
which contain the applicant's name and residential address, from the acceptable
proof of domicile list in subsection (e) of this section. At least one of the
documents presented must demonstrate that the applicant has resided in Texas
for at least thirty (30) days prior to application.
(e) Acceptable proof of domicile documents
are:
(1) A current deed, mortgage, monthly
mortgage statement, mortgage payment booklet, or a residential rental/lease
agreement.
(2) A valid, unexpired
Texas voter registration card.
(3)
A valid, unexpired Texas motor vehicle registration or title.
(4) A valid, unexpired Texas boat
registration or title.
(5) A valid,
unexpired Texas concealed handgun license or license to carry.
(6) A utility or residential service bill
dated within one hundred eighty (180) days of the date of application. Examples
of acceptable statement include, but are not limited to: electric, water, gas,
internet, cable, streaming services, lawn service, cellular telephone,
etc.
(7) A Selective Service
card.
(8) A current homeowners or
renters insurance policy or statement.
(9) A current automobile insurance policy,
card, or statement.
(10) A Texas
high school, college, or university report card or transcript for the current
school year.
(11) A pre-printed
W-2, 1099, or 1098 tax form from an employer, government, or financial entity
for the most recent tax year.
(12)
Mail or printed electronic statements from financial institutions; including
checking, savings, investment account, and credit card statements dated within
one hundred eighty (180) days of the date of application.
(13) Mail or printed electronic statements
from a federal, state, county, or city government agency dated within one
hundred eighty (180) days of the date of application.
(14) A current automobile payment booklet or
statement.
(15) A pre-printed
paycheck or payment stub dated within one hundred eighty (180) days of the date
of application.
(16) Current
documents issued by the U.S. military indicating residence address.
(17) A document from the Texas Department of
Criminal Justice indicating the applicant's recent release or parole.
(18) Current Form DS2019 or a document issued
by the United States Citizenship and Immigration Services.
(19) A valid, unexpired Texas fishing or
hunting license.
(20) A letter of
medical Explanation of Benefits or medical bills dated within one hundred
eighty (180) days of the date of application.
(f) Both documents may be from the same
source if the source is a local governmental entity or service provider that
provides multiple residential services. For example, an individual may use a
water and gas bill from the same municipal utility if they are on separate
statements. Documents from the same source for different months will not be
accepted.
(g) Mail addressed with a
forwarding label or address label affixed to the envelope or contents is not
acceptable.
(h) If the individual
cannot provide two documents from the acceptable proof of domicile list, the
individual may submit a Texas residency affidavit executed by:
(1) An individual who resides at the same
residence address as the applicant.
(A) For
related individuals, the applicant must present a document acceptable to the
department indicating a family relationship to the person who completed the
Texas residency affidavit and present two acceptable proof of domicile
documents with the name of the person who completed the Texas residency
affidavit. Acceptable documents demonstrating family relationship may include,
but are not limited to:
(i) a marriage
license;
(ii) military dependent
identification card;
(iii) birth
certificate; and
(iv) adoption
records.
(B) For
unrelated individuals, the individual must accompany the applicant, present
valid identification as defined under §
15.24 of this title (relating to
Identification of Applicants), and present two acceptable proof of domicile
documents from the acceptable proof of domicile list in subsection (e) of this
section.
(2) A
representative of a governmental entity, not-for-profit organization, assisted
care facility/home, adult assisted living facility/home, homeless shelter,
transitional service provider, group/half way house, or college/university
certifying to the address where the applicant resides or receives services. The
organization must provide a notarized letter verifying that they receive mail
or services for the individual or completed Texas Residency Affidavit
(DL-5).
(i) An individual
is not required to comply with this section if the applicant is subject to the
address confidentiality program administered by the Office of the Attorney
General, or currently incarcerated in a Texas Department of Criminal Justice
facility.
(j) Minors under the
conservatorship of the Department of Family and Protective Services (DFPS) and
individuals under the age of 21 in DFPS paid foster care are not required to
comply with subsection (b) of this section and may present an approved DFPS
residency form signed by a DFPS caseworker or caregiver as proof of the
applicant's residential address in Texas.
(k) Homeless youth, defined by
42 U.S.C. §
11434a, may present a letter certifying the
child or youth does not have a residence from:
(1) the school district in which the child is
enrolled;
(2) the director of an
emergency shelter or transitional housing program;
(3) the director of a basic center for
runaway and homeless youth; or
(4)
a transitional living program.
(l) All documents submitted by an individual
must be acceptable to the department. The department has the discretion to
reject or require additional evidence to verify domicile address.
Notes
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