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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15DRIVER LICENSE RULES
SUBCHAPTER BAPPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
RULE §15.49Proof 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 ninety (90) 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 medical or health card.

  (9) A current homeowners or renters insurance policy or statement.

  (10) A current automobile insurance policy, card, or statement.

  (11) A Texas high school, college, or university report card or transcript for the current school year.

  (12) A pre-printed W-2, 1099, or 1098 tax form from an employer, government, or financial entity for the most recent tax year.

  (13) Mail or printed electronic statements from financial institutions; including checking, savings, investment account, and credit card statements dated within ninety (90) days of the date of application.

  (14) Mail or printed electronic statements from a federal, state, county, or city government agency dated within ninety (90) days of the date of application.

  (15) A current automobile payment booklet or statement.

  (16) A pre-printed paycheck or payment stub dated within ninety (90) days of the date of application.

  (17) Current documents issued by the U.S. military indicating residence address.

  (18) A document from the Texas Department of Criminal Justice indicating the applicant's recent release or parole.

  (19) Current Form DS2019 or a document issued by the United States Citizenship and Immigration Services.

(f) Both documents may be from the same source if the source is a local governmental entity 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.


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

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