TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §15.49

The Texas Department of Public Safety (the department) proposes amendments to §15.49, concerning Proof of Domicile. These amendments clarify residency requirements for persons under the care and conservatorship of the Department of Family and Protective Services (DFPS).

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the 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 or micro-businesses required to comply with the rule 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.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be better understanding of the residency requirements for license issuance.

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.

Comments on this proposal may be submitted to Janie Sawatsky, 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 rule is proposed 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.

Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005, 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 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, unless the applicant is surrendering a valid, unexpired out-of-state driver license.

(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.

(6) An electric, water, natural gas, satellite television, cable television, or non-cellular telephone statement dated within ninety (90) days of the date of application.

(7) A Selective Service card.

(8) A medical or health card.

(9) A current homeowners or renters insurance policy or homeowners or renters insurance statement.

(10) A current automobile insurance policy or an automobile insurance statement.

(11) A Texas high school, college, or university report card or transcript for the current school year.

(12) A W-2 or 1099 tax form from the current tax year.

(13) Mail from financial institutions; including checking, savings, investment account, and credit card statements dated within ninety (90) days of the date of application.

(14) Mail from a federal, state, county, or city government agency dated within ninety (90) days of the date of application.

(15) A current automobile payment booklet.

(16) A pre-printed paycheck or payment stub dated within ninety (90) days of the date of application.

(17) Current documents issued by the U.S. military indicating residence address.

(18) A document from the Texas Department of Criminal Justice indicating the applicant's recent release or parole.

(19) Current Form DS2019, I-20, or a document issued by the United States Citizenship and Immigration Services.

(f) Both documents may not be from the same source. For example, an individual may not use vehicle registration and vehicle title for the same or different vehicles from the same registration office or a water and gas bill from the same utility. Mail addressed with a forwarding label or address label affixed to the envelope or contents are not acceptable.

(g) If the individual cannot provide two documents from the acceptable proof of domicile list, the individual may submit a Texas residency affidavit submitted 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 a valid Texas driver license or identification card, 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, or group/half way house certifying to the address where the applicant resides or receives services. The organization must provide a notarized letter verifying that they receive mail for the individual.

(h) 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, judicial address confidentiality under Texas Transportation Code, §521.121, or currently incarcerated in a Texas Department of Criminal Justice facility.

(i) 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.

(j) [(i)] 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 June 15, 2017.

TRD-201702346

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 30, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER J. DRIVER RESPONSIBILITY PROGRAM

37 TAC §15.167, §15.168

The Texas Department of Public Safety (the department) proposes new §15.167 and §15.168, concerning Driver Responsibility Program. These rules are necessary to inform the public of changes to the Driver Responsibility Program (DRP) and the requirements for persons eligible to obtain this surcharge reduction authorized by Texas Transportation Code, §708.103(c) and §708.104(b-1).

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the rules are 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 or micro-businesses required to comply with the rules as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be fewer license suspensions due to no financial responsibility surcharges.

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.

Comments on this proposal may be submitted to Janie Sawatsky, 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.

These rules are proposed 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, §708.103(c) and §708.104(b-1).

Texas Government Code, §411.004(3) and Texas Transportation Code, §708.103(c) and §708.104(b-1), are affected by this proposal.

§15.167.Surcharge Reduction - Driving Without Financial Responsibility.

(a) To obtain a surcharge reduction under this section, an individual must submit a request for the reduction to the department and provide acceptable proof of financial responsibility that was acquired no later than 60 days after the date of the offense.

(b) Acceptable proof of financial responsibility includes:

(1) An insurance card with a beginning and ending effective date covering a six month time period and a receipt from the insurance company indicating prepayment for six months of motor vehicle liability insurance; or

(2) A letter from the insurance company on its letterhead stating that a motor vehicle liability insurance policy is in effect. The letter must include the beginning and ending dates of the policy and a statement indicating the policy has been prepaid for six months.

(c) The request for the reduction must be submitted to the department by mail, fax, or email. All submissions must include the name, date of birth, and driver license number of the requestor.

(1) Mail to: Texas Department of Public Safety, Enforcement and Compliance Service, P.O. Box 4087, Austin, TX 78773-0320.

(2) Fax to: (512) 424-2848.

(3) Email to: driver.improvement@dps.texas.gov. Emailed documents must be in PDF format.

§15.168.Surcharge Reduction - Driving Without Valid Driver License.

(a) To obtain the surcharge reduction, an individual must submit a request for the reduction to the department and indicate the individual obtained a driver license no later than 60 days after the date of the offense.

(b) The driver license must be issued by the department or the appropriate driver license agency in another U.S. state, U.S. territory, or Canadian province. If the driver license was obtained in another U.S. state, U.S. territory, or Canadian province, the individual must provide sufficient proof of the issuance that can be verified with the issuing agency.

(c) The request for the reduction must be submitted to the department by mail, fax, or email. All submissions must include the name, date of birth, and driver license number of the requestor.

(1) Mail to: Texas Department of Public Safety, Enforcement and Compliance Service, P.O. Box 4087, Austin, TX 78773-0320.

(2) Fax to: (512) 424-2848.

(3) Email to: driver.improvement@dps.texas.gov. Emailed documents must be in PDF format.

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 June 15, 2017.

TRD-201702347

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: July 30, 2017

For further information, please call: (512) 424-5848