37 Tex. Admin. Code § 16.7

Current through Reg. 49, No. 50; December 13, 2024
Section 16.7 - Proof of Domicile
(a) A person applying for a commercial driver license (CDL) which authorizes operation of a commercial motor vehicle (CMV) 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 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 license to carry a handgun or license to carry.
(6) A utility or residential service bill dated within one hundred eighty (180) days of the date of application. Example of acceptable statements 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-preprinted W-2, 1099, or 1098 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) A valid, unexpired Texas fishing or hunting license.
(19) 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) 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) 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.

37 Tex. Admin. Code § 16.7

The provisions of this §16.7 adopted to be effective July 16, 1990, 15 TexReg 3806; Adopted by Texas Register, Volume 41, Number 37, September 9, 2016, TexReg 7117, eff. 9/14/2016; Amended by Texas Register, Volume 44, Number 51, December 20, 2019, TexReg 8026, eff. 12/29/2019; Amended by Texas Register, Volume 48, Number 25, June 23, 2023, TexReg 3416, eff. 7/2/2023