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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 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, unless the applicant is surrendering a valid, unexpired out-of-state driver license.

(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.

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

  (14) Mail 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.

  (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, I-20, or a document issued by the United States Citizenship and Immigration Services.

(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) 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 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 (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, 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 §15.49 adopted to be effective April 19, 2011, 36 TexReg 2414

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