Presenter: David Sinclair

Commission Agenda Item No. 17
Action
License Proof-of-Residency Requirements
August 2005

I. Executive Summary: This item implements House Bill 1636, enacted during the most recent legislative session, which authorizes the Commission to adopt rules prescribing the proof required to claim residency in Texas for the purpose of obtaining a license or permit issued by the department.

II. Discussion: The 79th Texas Legislature amended Subchapter A, Chapter 11, Parks and Wildlife Code, by adding §11.004 to read as follows: the Commission by rule may prescribe the proof required to demonstrate residency in this state for the purpose of obtaining a license or permit issued by the Department. The Regulations Committee at its May 2005 meeting authorized staff to publish the proposed rule in the Texas Register for public comment. The proposed rule appeared in the July 22, 2005 issue of the Texas Register (30 TexReg 4193). A summary of public comments on the proposed rule will be available to the Commission at the time of the hearing.

III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts new 31 TAC §55.1, concerning proof-of-residency requirements (located at Exhibit A), with changes as necessary to the proposed text as published in the July 22 2005, issue of the Texas Register (30 TexReg 4193)."

Attachment – 1

  1. Exhibit A – Proposed Rule

Commission Agenda Item No. 17
Exhibit A

Proof-of-Residency Requirements
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes new §55.1, concerning Proof of Residency. Under current statutes, there is no single standard for authoritatively establishing the residency status of a person for the purpose of obtaining resident licenses and permits. The term ‘resident’ is defined in several places in the Texas Parks and Wildlife Code to mean a person that has resided in Texas for the six-month period immediately preceding an application for a license or permit. However, for the purposes of licenses issued under Parks and Wildlife Code, Chapters 42 and 46, the term ‘resident’ includes members of the United States armed forces on active duty, dependents of members of the United States armed forces on active duty; and members of any other category of individuals that the commission by regulation designates as residents.

House Bill 1636, enacted by the 79th Texas Legislature, Regular Session, added Parks and Wildlife Code, §11.004, which authorizes the Parks and Wildlife Commission to prescribe by rule the proof required to demonstrate residency in this state for the purpose of obtaining a license or permit issued by the department. The proposed new rule sets forth the documentation and combinations of documentation acceptable to the department for determining or proving residency for the purposes of obtaining a resident license or permit. The department would like to note that the provisions of the proposed new section will not necessarily be used to screen license purchasers at the time of purchase; rather, they will be used as a definitive standard to determine residency if questions arise regarding eligibility, or in the prosecution of criminal acts. The proposed new rule is necessary to provide a single, unambiguous standard that can be universally applied to all licenses and permits issued by the department.


2. Fiscal Note.

Mr. Robert Macdonald, regulations coordinator, has determined that for each of the first five years the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rule.


3. Public Benefit/Cost Note.

Mr. Macdonald also has determined that for each of the first five years the rule as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rule will be a uniform standard for determining residency standards for the purpose of obtaining a license or permit issued by the department.

(B) The proposed rule will not result in adverse economic effects on small or microbusinesses or persons required to comply with the rule.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rule.


4. Request for Public Comment.

Comments on the proposed rule may be submitted by phone, written correspondence or e-mail to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; or robert.macdonald@tpwd.state.tx.us.


5. Statutory Authority.

The new section is proposed under the authority of House Bill 1636, enacted by the 79th Texas Legislature, Regular Session, which authorizes the Parks and Wildlife Commission to prescribe by rule the proof required to demonstrate residency in this state for the purpose of obtaining a license or permit issued by the department.

The proposed new rule affects Parks and Wildlife Code, Chapter 11.

§55.1. Proof of Residency. The requirements of this section are in addition to any requirements of Parks and Wildlife Code, Chapters 42 and 46. In this section, “applicant” means a person applying for a license or permit issued by the department.

(1) Proof that an applicant 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 four of the following:

(A) a current property tax statement indicating that the applicant 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 (from a single utility) showing the applicant’s name and a physical address in Texas;

(D) the most recent six months of paycheck receipts showing the applicant’s name and a physical address in Texas;

(E) a current Texas voter registration certificate showing the applicant’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 applicant’s name and a physical address in Texas;

(G) a current vehicle registration showing the applicant’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;

(H) military service record(s) indicating that the applicant’s home of record is in Texas at the time of application;

(I) military service record(s) indicating that the applicant had been assigned to a duty station in Texas for the six months immediately prior to the time of application;

(J) a passport issued by the United States of America, showing the applicant’s name and a physical address in Texas; or

(K) 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.

(2) If an applicant is under the age of 25 and living in another state for educational purposes, proof that the applicant 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.

(3) 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.

(4) 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.

(5) 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on


Back to Top
Back to Top