| (a) The requirements of this section are in addition
to any requirements of Parks and Wildlife Code, Chapters 42 and 46.
(1) Except as provided by Parks and Wildlife Code, §12.114,
no person is required to possess the documentation required by paragraphs
(2) or (3) of this subsection on their person while:
(A) purchasing a license or permit; or
(B) engaging in an activity for which a license or
permit issued by the department is required.
(2) Proof that a person has resided continuously in
Texas for more than six months immediately before applying for a resident
license or permit issued by the department shall consist of any three
of the following:
(A) a current property tax statement indicating that
the person is the owner of homestead property in Texas;
(B) a valid drivers license issued by the Texas Department
of Public Safety not less than six months prior to the application
to the department for a resident license or permit;
(C) the most recent six months of utility bills showing
the person's name and a physical address in Texas;
(D) the most recent six months of paycheck receipts
showing the person's name and a physical address in Texas;
(E) a current Texas voter registration certificate
showing the person's name and a physical address in Texas, issued
not less than six months prior to an application to the department
for a license or permit;
(F) the person's most recent tax return statement from
the Internal Revenue Service showing the person's name and a physical
address in Texas;
(G) a current vehicle registration showing the person's
name and a physical address in Texas, issued not less than six months
prior to an application to the department for a license or permit;
or
(H) a statement from the person's parole board or probation
officer attesting to the fact that the person has continuously resided
in Texas for the six months immediately preceding the application
for a license or permit.
(3) For persons on active duty in the armed forces
of the United States, proof of continuous residency in Texas for more
than six months immediately before applying for a resident license
or permit issued by the department shall consist of:
(A) military service record(s) indicating that the
person's home of record is in Texas at the time of application; or
(B) military service record(s) indicating that the
person has been assigned to a duty station in Texas for the six months
immediately prior to the time of application.
(4) If a person is under the age of 25 and living in
another state for educational purposes, proof that the person has
resided continuously in Texas for more than six months immediately
before applying for a license or permit issued by the department shall
consist of:
(A) a notarized statement to the effect that the person
is a dependent of a Texas resident; and
(B) a tuition receipt or other official evidence that
the person is currently enrolled as a non-resident in an educational
institution located in another state.
(5) Except for active-duty members of the armed forces
of the United States and nonresidents described in paragraph (8) of
this subsection, §53.3(b) of this title (relating to Combination
Hunting and Fishing License Packages), and §53.4(b) of this title
(relating to Lifetime Licenses), the department will not issue a resident
license or permit to any person if any proof of residency presented
to the department indicates residency anywhere other than Texas.
(6) Except for active-duty members of the armed forces
of the United States and nonresidents described in paragraph (8) of
this subsection, §53.3(b) of this title, and §53.4(b) of
this title, a person who claims residency in any other state for any
purpose is not a Texas resident for the purposes of obtaining a resident
license or permit from the department.
(7) Upon determination by the department that a person
who obtained a resident license or permit was not eligible to obtain
the license or permit, the department shall notify the person that
the license is void and shall be surrendered to the department. A
person that the department determines has obtained a resident license
or permit unlawfully is subject to criminal prosecution.
(8) The executive director may authorize the issuance
of a resident hunting license to a nonresident who is terminally ill
and participating in an event sponsored by a charitable organization.
(b) It is an offense for any person who does not meet
the residency requirements of this section to possess a license in
that person's name that is required by law for conduct governed by
Parks and Wildlife Code, Chapter 42 or Chapter 46, if the acquisition
and use of the license is restricted by law to Texas residents.
(c) For purposes of this section, a person who utilizes
the provisions of §53.2(g) of this title (relating to License
Issuance Procedures, Fees, Possession, and Exemption Rules) to satisfy
proof of licensure requirements is considered to be in possession
of the license the person purports to have obtained.
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| Source Note: The provisions of this §55.1 adopted to be effective October 18, 2005, 30 TexReg 6765; amended to be effective December 29, 2013, 38 TexReg 9372; amended to be effective October 12, 2020, 45 TexReg 7266 |
