31 Tex. Admin. Code § 55.1 - Proof of Residency
(a) The
requirements of this section are in addition to any requirements of Parks and
Wildlife Code, Chapters 42 and 46.
(1) Except
as provided by Parks and Wildlife Code, §
12.114, no
person is required to possess the documentation required by paragraphs (2) or
(3) of this subsection on their person while:
(A) purchasing a license or permit;
or
(B) engaging in an activity for
which a license or permit issued by the department is required.
(2) Proof that a person has
resided continuously in Texas for more than six months immediately before
applying for a resident license or permit issued by the department shall
consist of any three of the following:
(A) a
current property tax statement indicating that the person is the owner of
homestead property in Texas;
(B) a
valid drivers license issued by the Texas Department of Public Safety not less
than six months prior to the application to the department for a resident
license or permit;
(C) the most
recent six months of utility bills showing the person's name and a physical
address in Texas;
(D) the most
recent six months of paycheck receipts showing the person's name and a physical
address in Texas;
(E) a current
Texas voter registration certificate showing the person's name and a physical
address in Texas, issued not less than six months prior to an application to
the department for a license or permit;
(F) the person's most recent tax return
statement from the Internal Revenue Service showing the person's name and a
physical address in Texas;
(G) a
current vehicle registration showing the person's name and a physical address
in Texas, issued not less than six months prior to an application to the
department for a license or permit; or
(H) a statement from the person's parole
board or probation officer attesting to the fact that the person has
continuously resided in Texas for the six months immediately preceding the
application for a license or permit.
(3) For persons on active duty in the armed
forces of the United States, proof of continuous residency in Texas for more
than six months immediately before applying for a resident license or permit
issued by the department shall consist of:
(A)
military service record(s) indicating that the person's home of record is in
Texas at the time of application; or
(B) military service record(s) indicating
that the person has been assigned to a duty station in Texas for the six months
immediately prior to the time of application.
(4) If a person is under the age of 25 and
living in another state for educational purposes, proof that the person has
resided continuously in Texas for more than six months immediately before
applying for a license or permit issued by the department shall consist of:
(A) a notarized statement to the effect that
the person is a dependent of a Texas resident; and
(B) a tuition receipt or other official
evidence that the person is currently enrolled as a non-resident in an
educational institution located in another state.
(5) Except for active-duty members of the
armed forces of the United States and nonresidents described in paragraph (8)
of this subsection, §
53.3(b) of this
title (relating to Combination Hunting and Fishing License Packages), and §
53.4(b) of this
title (relating to Lifetime Licenses), the department will not issue a resident
license or permit to any person if any proof of residency presented to the
department indicates residency anywhere other than Texas.
(6) Except for active-duty members of the
armed forces of the United States and nonresidents described in paragraph (8)
of this subsection, §
53.3(b) of this
title, and §
53.4(b) of this
title, a person who claims residency in any other state for any purpose is not
a Texas resident for the purposes of obtaining a resident license or permit
from the department.
(7) Upon
determination by the department that a person who obtained a resident license
or permit was not eligible to obtain the license or permit, the department
shall notify the person that the license is void and shall be surrendered to
the department. A person that the department determines has obtained a resident
license or permit unlawfully is subject to criminal prosecution.
(8) The executive director may authorize the
issuance of a resident hunting license to a nonresident who is terminally ill
and participating in an event sponsored by a charitable organization.
(b) It is an offense for any
person who does not meet the residency requirements of this section to possess
a license in that person's name that is required by law for conduct governed by
Parks and Wildlife Code, Chapter 42 or Chapter 46, if the acquisition and use
of the license is restricted by law to Texas residents.
(c) For purposes of this section, a person
who utilizes the provisions of §
53.2(g) of this
title (relating to License Issuance Procedures, Fees, Possession, and Exemption
Rules) to satisfy proof of licensure requirements is considered to be in
possession of the license the person purports to have obtained.
Notes
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