1-2-3 Driving School

Beginning April 2, 2012, you must prove that either your residence or your domicile is in Texas and that you have lived here for at least 30 days in order to apply for an original Texas noncommercial driver license or ID card.

A “residence” is the place where you normally live, live most of the time, or return to after temporary absences. A “domicile” is your true, fixed, and permanent home. If either your residence or domicile is in Texas, you meet this requirement for a driver license or ID. (For example, college students may reside in another state while at school, but still have a Texas domicile if their parents live here.)

Proving Residency

You must prove your Texas residency by showing two acceptable documents that contain your name and residential address. One of the documents must prove that you have lived in Texas for at least 30 days, unless you are surrendering a valid, unexpired driver license from another state; then the 30 day requirement is waived.

If you are unable to provide two acceptable documents (for example, if you live with someone but are not listed on the lease), you may be eligible to complete a Texas Residency Affidavit (http://www.txdps.state.tx.us/internetforms/Forms/DL-5.pdf).

Documents That Prove Residency

These documents prove residency for a noncommercial driver license or ID card:

• Current deed, mortgage, monthly mortgage statement, mortgage payment booklet, or a residential rental/lease agreement
• Valid, unexpired Texas voter registration card
• Texas motor vehicle registration or title
• Texas boat registration or title
• Texas concealed handgun license
• Utility statement (including electric, water, natural gas, satellite TV, cable TV, or non-cellular phone bill) dated within 90 days of the date of application
• Selective Service card
• Medical or health card
• Current homeowner’s or renter’s insurance policy or homeowner’s or renter’s insurance statement
• Current automobile insurance policy or an automobile insurance statement
• Texas high school, college, or university report card or transcript for the current school year
• W-2 or 1099 tax form from the current tax year
• Mail from financial institutions; including checking, savings, investment account, and credit card statements dated within 90 days of the date of application
• Mail from a federal, state, county, or city government agency dated within 90 days of the date of application
• Current automobile payment booklet
• Pre-printed paycheck or payment stub dated within 90 days of the date of application
• Current documents issued by the US military indicating residence address
• Document from the Texas Department of Criminal Justice indicating the applicant’s recent release or parole
• Current Form DS2019, I-20, or a document issued by the United States Citizenship and Immigration Services

NOTE: The two documents must be issued by different companies or agencies. For example, you cannot use both a water bill and electricity bill from the same company.

Address Confidentiality

The residency requirement is waived for people who are authorized to use alternative addresses under the following circumstances:

• Those who are subject to the address confidentiality program administered by the Office of the Attorney General.
• Those who are currently incarcerated in a Texas Department of Criminal Justice facility.
• Those who are judges or spouses of judges.

Peace officers using alternative addresses must still prove Texas residency, even though their driver licenses may show alternative addresses. They must show that their mailing addresses meet Texas residency requirements.

Statutory Authority

The laws that allow DPS to require proof of residence in order to apply for a driver license or ID card are 37 Texas Administrative Code, Section 15.49 (http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=37&pt=1&ch=15&sch=B&rl=Y) and Texas Transportation Code, Section 521.1426 (http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.521.htm#521.1426).

For further reading, please go to the Texas DPS website, http://www.txdps.state.tx.us/DriverLicense/residencyReqNonCDL.htm.