(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) 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.
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Source Note: The provisions of this §15.49 adopted to be effective April 19, 2011, 36 TexReg 2414; amended to be effective September 14, 2017, 42 TexReg 4657; amended to be effective December 29, 2019, 44 TexReg 8023; amended to be effective July 2, 2023, 48 TexReg 3416 |