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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 16COMMERCIAL DRIVER LICENSE
SUBCHAPTER ALICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS
RULE §16.7Proof of Domicile

(a) A person applying for a commercial driver license (CDL) which authorizes operation of a commercial motor vehicle (CMV) in interstate commerce must be domiciled in Texas. For purposes of this requirement, the state of domicile means the state where a person has the person's true, fixed, and permanent home and principal residence and to which the person intends to return whenever absent. A person may have only one state of domicile.

(b) In order to prove domicile, all original applicants for a CDL must present two acceptable documents verifying the applicant's domicile address in Texas.

(c) The department may require individuals renewing or obtaining a duplicate CDL 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 domicile address, from the acceptable proof of domicile list in subsection (e) of this section.

(e) Acceptable proof of domicile documents are:

  (1) A deed, mortgage, monthly mortgage statement, current mortgage payment booklet, or a current 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 license to carry a handgun.

  (6) An electric, water, natural gas, satellite television, cable television, or non-cellular telephone statement dated within 90 days of the date of application.

  (7) A Selective Service card.

  (8) A medical or health card.

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

  (10) A current automobile insurance policy or an automobile insurance statement.

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

  (12) A W-2 or 1099 tax form from the current tax year.

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

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

  (15) A current automobile payment booklet.

  (16) A pre-printed paycheck or payment stub dated within 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.

(f) Both documents may not be from the same source. For example, an individual may not use vehicle registration and vehicle title for the same or different vehicles from the same registration office or a water and gas bill from the same utility. Mail addressed with a forwarding label or address label affixed to the envelope or contents are not acceptable.

(g) If the individual cannot provide two documents from the acceptable proof of domicile list, the individual may submit a Texas residency affidavit submitted 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) 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 a valid Texas driver license or identification card, and present two acceptable proof of domicile documents from the acceptable proof of domicile list in subsection (d) 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, or group/half way house certifying to the address where the applicant resides or receives services. The organization must provide a notarized letter verifying that they receive mail for the individual.

(h) 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, judicial address confidentiality under Texas Transportation Code, §521.121, or currently incarcerated in a Texas Department of Criminal Justice facility.

(i) 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 §16.7 adopted to be effective September 14, 2016, 41 TexReg 7117

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