PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15. DRIVER LICENSE RULES
SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
The Texas Department of Public Safety (the department) proposes amendments to §15.49, concerning Proof of Domicile. The proposed rule amendment increases the number of acceptable proof of domicile documents and changes the validity period from within ninety 90 days of the date of application to within one hundred eighty (180) days of the date of application.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be an increased number of acceptable proof of domicile documents for a non-commercial driver license or identification certificate.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit or repeal an existing regulation. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability. During the first five years the proposed rule is in effect the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Charles McInnis, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code; and §521.1426.
Texas Government Code, §411.004(3), and Texas Transportation Code, §521.005 and §521.1426, are affected by this proposal.
§15.49.Proof 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 one hundred eighty (180) [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.]
(8) [(9)] A current homeowners
or renters insurance policy or statement.
(9) [(10)] A current automobile
insurance policy, card, or statement.
(10) [(11)] A Texas high school,
college, or university report card or transcript for the current school year.
(11) [(12)] A pre-printed W-2,
1099, or 1098 tax form from an employer, government, or financial
entity for the most recent tax year.
(12) [(13)] Mail or printed electronic
statements from financial institutions; including checking, savings,
investment account, and credit card statements dated within one
hundred eighty (180) [ninety (90)] days of the date
of application.
(13) [(14)] Mail or printed electronic
statements from a federal, state, county, or city government agency
dated within one hundred eighty (180) [ninety (90)]
days of the date of application.
(14) [(15)] A current automobile
payment booklet or statement.
(15) [(16)] A pre-printed paycheck
or payment stub dated within one hundred eighty (180) [ninety
(90)] days of the date of application.
(16) [(17)] Current documents
issued by the U.S. military indicating residence address.
(17) [(18)] A document from the
Texas Department of Criminal Justice indicating the applicant's recent
release or parole.
(18) [(19)] Current Form DS2019
or a document issued by the United States Citizenship and Immigration Services.
(19) A valid, unexpired Texas fishing or hunting license.
(20) 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) 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.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2023.
TRD-202301435
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 4, 2023
For further information, please call: (512) 424-5848
The Texas Department of Public Safety (the department) proposes new §15.174, regarding Interagency Application Fees. This new rule outlines the fees related to interagency application for driver licenses and personal identification certificates to qualified inmates preparing for release by Texas agencies who have entered into a memorandum of understanding with the department under §15.171 of this title and is authorized by §521.421, Transportation Code.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be an increased number of driver licenses or identification certificates issued to qualified inmates prior to release.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit or repeal an existing regulation. The proposed rule does not increase or decrease the number of individuals subject to the rule’s applicability. During the first five years the proposed rule is in effect the proposed rule should not impact positively or negatively the state’s economy.
Comments on the proposal may be submitted to Charles McInnis, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department’s work and Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Texas Transportation Code; and §521.421.
Texas Government Code, §411.004(3), and Texas Transportation Code, §521.005 and §521.421, are affected by this proposal.
§15.174.Interagency Application Fees.
(a) Texas agencies may enter into a memorandum of understanding with the department based on §15.171 of this title (relating to Identifying Document for Offenders/Memorandum of Understanding) that allows the issuance of driver licenses and personal identification certificates.
(b) Texas agencies that adopt and issue an original, renewal, or duplicate personal identification (ID) certificates, are required to provide the proper fee for each processed ID certificate application.
(1) The fee for an original or renewed ID card is $5; and
(2) The fee for a duplicate ID card is the statutory fee of $10.
(c) Texas agencies that adopt and issue an original, renewal, or duplicate driver license (DL), are required to provide the proper fee for each processed DL application.
(1) The fee for an original or renewed driver license is $5; and
(2) The fee for a duplicate driver license is the statutory fee of $10.
(d) Texas agencies that adopt and issue an original, renewal, or duplicate commercial driver license (CDL), are required to provide the proper fee for each processed CDL application. The fees for commercial driver license transactions are established in Transportation Code, §522.029.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2023.
TRD-202301436
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 4, 2023
For further information, please call: (512) 424-5848
SUBCHAPTER A. LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS
The Texas Department of Public Safety (the department) proposes amendments to §16.7, concerning Proof of Domicile. The proposed rule amendment increases the number of acceptable proof of domicile documents and changes the validity period from within ninety 90 days of the date of application to within one hundred eighty (180) of the date of application.
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government, or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be an increased number of acceptable proof of domicile documents for a commercial driver license.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit or repeal an existing regulation. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability. During the first five years the proposed rule is in effect the proposed rule should not impact positively or negatively the state's economy.
Comments on the proposal may be submitted to Charles McInnis, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work and Texas Transportation Code, §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522 of the Texas Transportation Code; and §522.0225.
Texas Government Code, §411.004(3), and Texas Transportation Code, §522.005 and, §522.0225, are affected by this proposal.
§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) [ninety (90)] 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 medical or health card.]
(8) [(9)] A current homeowners
or renters insurance policy or statement.
(9) [(10)] A current automobile
insurance policy, card, or statement.
(10) [(11)] A Texas high school,
college, or university report card or transcript for the current school year.
(11) [(12)] A pre-preprinted
W-2, 1099, or 1098 form from an employer, government, or financial
entity for the most recent tax year.
(12) [(13)] Mail or printed electronic
statements from financial institutions; including checking, savings,
investment account, and credit card statements dated within one
hundred eighty (180) [90] days of the date of application.
(13) [(14)] Mail or printed electronic
statements from a federal, state, county, or city government agency
dated within one hundred eighty (180) [90] days
of the date of application.
(14) [(15)] A current automobile
payment booklet or statement.
(15) [(16)] A pre-printed paycheck
or payment stub dated within one hundred eighty (180) [ninety
(90)] days of the date of application.
(16) [(17)] Current documents
issued by the U.S. military indicating residence address.
(17) [(18)] 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) [(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, 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.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 21, 2023.
TRD-202301437
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: June 4, 2023
For further information, please call: (512) 424-5848