TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 55. LAW ENFORCEMENT
SUBCHAPTER
A.
The Texas Parks and Wildlife Commission in a duly noticed meeting on March 26, 2026, adopted an amendment to 31 Texas Administrative Code §55.1, concerning Proof of Residency Requirements, with change to the proposed text as published in the January 23, 2026, issue of the Texas Register (51 TexReg 404). The rule will be republished.
The change reorganizes the contents of proposed subsection (a)(1) to create a more straightforward delineation of the various options available to the public for proving eligibility for the purchase, possession, and use of licenses and permits restricted to residents of Texas. The rule as proposed bifurcated license purchasers into two broad categories that required complex legal language and repetition. The rule as adopted modifies that approach and implements four categories of compliance options: presentation of REAL ID documentation; presentation of non-REAL ID compliant driver's license or state-issued documentation from specific states including Texas; presentation of a combination of non-REAL ID compliant identification documents; and presentation of a foreign passport. The department believes this is a more effective delineation of documentation requirements for purposes of compliance and enforcement.
Additionally, the change alters subsection (a) to clarify that the section applies only to persons age 17 or older, which is necessary because most minors, because of their youth, are not or probably are not able to furnish many of the types of documentation required by the rule as adopted.
The change also adds "personal identification card" as an acceptable identification mechanism in lieu of a valid driver's license, which acknowledges an additional form of acceptable governmentally issued personal identification.
The change also eliminates references to driver's licenses with respect to acceptable forms of identification for foreign residents, which is superfluous because a valid passport is sufficient identification for the purposes of the section.
The change also replaces the word "valid" with the word "unexpired" when referencing documentation other than passports, which is a more accurate descriptor of documentation status.
The change also adds two license types to the list of licenses and permits in subsection (d) to which the provisions of the section apply. Finally, the changes implement recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor, to wit: allowing required documentation to be presented in electronic as well as paper format and eliminating the requirement in current rule for notarized documentation, which is replaced by a requirement for signed self-declaration.
The amendment prescribes identification requirements for the acquisition and use of certain licenses and permits issued by the department and retitles the section accordingly.
The amendment requires persons who seek to obtain certain licenses and permits issued by the department to present, at the time of application or purchase, a driver's license or personal identification certificate issued by a state or territory of the United States of which the person is a resident that complies with the federal REAL ID Act of 2005, unless otherwise provided; or a valid foreign passport and immigration-related documents for foreign residents. Additional documentation options are provided for residents of a state or territory of the United States including a United States passport or passport card, United States military identification card, certified birth certificate, and Texas concealed handgun license.
The amendment is necessary to provide an administrative process to verify that persons engaged in certain activities permitted or licensed by the department are capable of compliance with statutory personal identification requirements as a condition of permit or license issuance and use and that such personal identification documents are valid.
The department received 45 comments opposing adoption of the rule as proposed. Of the 45 comments, 43 provided a reason or rationale for opposing adoption. Those comments, accompanied by the department's response to each, follow. The department notes that because several comments were lengthy and consisted of several components, the number of department responses is greater than the total number of commenters.
Thirty-one commenters opposed adoption of the rule as proposed and stated that it would result in decreased tourism and participation, loss of revenue to the state, and increased administrative costs due to enforcement challenges and that bureaucratic hurdles complicate or negate the enjoyment of parks and recreational opportunities, which bring many benefits. The commenters request that the department delay implementation until after the next legislative session to allow time for the legislature to develop a policy. The department disagrees with the comments and responds that the rules as adopted are intended to ensure that specific recreational licenses and permits (such as hunting licenses) intended for Texas residents are not obtained, possessed, or used by persons not entitled to them. No changes were made as a result of the comments.
One commenter opposed adoption of the rule as proposed and stated, "[I]f those who still are able to pay for the Texas license benefit the state why change to real ID even those without state ids should be able to participate if they are able to pay for the Texas hunting and fishing license." The department disagrees with the comment and responds the rule is a mechanism to ensure that licenses intended for Texas residents are not obtained by persons who are not entitled to them. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that the rule as proposed will cause a loss of funding and "forward the costs onto the resident taxpayers." The department disagrees with the comment and responds that the rule as adopted is not expected to result in revenue loss, nor will it result in fiscal impacts to taxpayers or Texas residents who purchase the affected licenses and permits. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that extra steps are being added to the process of license acquisition, which is undesirable. The department disagrees with the comment and responds that although the rule as adopted adds the additional step of providing identification at the time of purchase, current law requires a person to have a driver's license or personal identification certificate in the person's immediate possession while hunting or fishing, and the rule is intended to ensure that licenses and permits intended for Texas residents are not obtained or used by persons not entitled to them. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that it will result in people not being able to hunt or fish under a Mexican passport. The department disagrees with the comment and responds that it has never been legal to hunt or fish in Texas without a valid hunting or fishing license (with or without a Mexican passport), and that the rule is intended to prevent persons who are not residents of Texas from obtaining or using licenses and permits that are limited to Texas residents. The department further responds that the rule as adopted lists a valid foreign passport as acceptable identification for the purchase of non-resident hunting and fishing licenses so long as the passport is accompanied by documentation showing proof of legal immigration status. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that the rule as amended is an unnecessary expansion of government oversight, a significant burden on both the state and its citizens, and represents federal overreach. The commenter stated that enjoyment of the natural resources of Texas should not be contingent upon compliance with federal identification standards that many citizens view as an infringement on privacy and an expansion of the surveillance state. The department disagrees with the comment and responds that the rule as adopted does not impose any burden on the state or its citizens that does not already exist, because the Department of Public Safety has been issuing REAL ID-compliant identification documents since 2016 and eventually all Texas residents will possess such documentation. The department further states that the rule as adopted is not a component of a surveillance program. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as a proposed and stated that because the fiscal note accompanying the proposal did not quantify the costs to the department for programming and system modifications, the department is being fiscally irresponsible by implementing "a project of this scale" without a clear understanding of the total cost to taxpayers and license-holders. The commenter further stated that "[S]pending significant public funds simply to increase "assurance" that a small number of people are not obtaining the wrong license type is a poor use of resources, especially when the current system functions without such a high administrative price tag." The department disagrees with the comment and responds that the rule is not intended to prevent anyone from obtaining the wrong license, it is intended to ensure that licenses and permits intended exclusively for Texas residents are obtained and used only by persons entitled to them. The department further responds that any administrative costs incurred with respect to system administration and programming costs will be additive to a system that already exists for that purpose (i.e., the rule will not require new systems from scratch) and will be absorbed under the current budget without affecting any current license or permit fee. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that the new requirements create an unnecessary barrier to participation in hunting and angling because individuals who do not currently possess a REAL ID-compliant document would face the financial and administrative burden of compliance with "a state-imposed hurdle to enjoying Texas's land and water." The commenter continued, stating, "[I]ndividual liberty and limited government are essential to the prosperity of our state. This proposal moves in the opposite direction by increasing state surveillance, imposing unquantified fiscal burdens, and complicating a simple recreational process." The department disagrees with the comment and responds that the rule as adopted is intended to ensure that only Texas residents are able to acquire and use licenses and permits intended exclusively for Texas residents, that most if not all Texas residents will be able to continue purchasing licenses and permits as usual, that the rule creates options for those who for whatever lawful reason cannot do so, that the rule as adopted does not infringe on anyone's personal liberty whatsoever or impose financial burdens, and, finally, is most assuredly not a component of any state surveillance effort. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that there should be fewer hurdles, more privacy, and no more money grabs. The department disagrees that rule as adopted creates hurdles, curtails privacy, or is intended to increase or will result in increased revenue to the state. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that the rule will prevent people who don't have legal immigration status from getting any type of hunting or fishing license, but won't stop them from fishing or hunting, which will result in reduced revenue for the department, and that "a hearing should be held." The department disagrees with the comment and responds that the rule is intended to ensure that persons who are not residents of Texas cannot purchase or use licenses and permits intended exclusively for Texas residents. The department further responds that it is and has always been a criminal offense for anyone, resident or nonresident, to engage in activities regulated by the department without obtaining the proper license or permit to do so, which is still the case and is not altered by the rule as adopted, and current law requires a person to have a driver's license or personal identification certificate in the person's immediate possession while hunting or fishing. Finally, the department responds that the rule was adopted in a duly noticed meeting open to the public at which the opportunity to directly address the commission was provided (in addition to all other channels of comment available to the public). No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated, "the hassle of having to present a certified copy of my birth certificate and six months worth of utility bills is probably more than I would want to deal with to get a super combo license." The department disagrees with the comment and responds that the rule provides a variety of ways for persons to prove Texas residency for purposes of obtaining and using licenses and permits intended exclusively for Texas residents, including anyone with a valid Texas driver's license or personal identification card. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that there should be an exemption for minors, who might not be able to provide many of the documents referenced in the rule. The department agrees with the comment and responds that a fishing license is not required for anyone under the age of 17 and that the rule as adopted does not apply to youth hunting licenses.
One commenter opposed adoption of the rule as proposed and stated that "making licenses more difficult to obtain is a money loss and more should be spent on enforcement." The department disagrees that the rule as adopted will result in revenue loss for the department and responds that a critical component of enforcement is the existence of regulations that allow the department to determine that persons engaged in activities regulated by the department are entitled to do so. No changes were made as a result of the comment.
One commenter opposed adoption of the rule as proposed and stated that having to provide a variety of redundant documentation simply to purchase a hunting and/or fishing license is unreasonable. The department disagrees with the comment and responds that a Texas driver's license or personal identification card by itself is sufficient documentation in most instances to obtain a Texas resident license or permit. No changes were made as a result of the comment.
One commenter opposed adoption of the rule and stated that it did not contain provisions to protect the data being collected by the agency. The department disagrees that it is necessary for the rule to contain provisions addressing data security, which are addressed by other elements of state law. No changes were made as a result of the comment.
The department received 56 comments supporting adoption of the rule as proposed.
The Honorable Gene Wu, the Honorable Donna Howard, the Honorable Ramón Romero, Jr., the Honorable Joe Moody, the Honorable Suleman Lalani, the Honorable Jessica González, the Honorable Mihaela Plesa, the Honorable Ron Reynolds, the Honorable Senfronia Thompson, the Honorable Ray Lopez, the Honorable Lulu Flores, the Honorable Erin Zwiener, the Honorable Josey Garcia, the Honorable Christina Morales, the Honorable Vikki Goodwin, the Honorable Jolanda Jones, the Honorable Armando Martinez, the Honorable Armando Walle, the Honorable Jon Rosenthal, the Honorable Diego Bernal, the Honorable John Bucy III, the Honorable Toni Rose, the Honorable Alma Allen, the Honorable Rafael Anchía, the Honorable Ana Hernandez, the Honorable Chris Turner, the Honorable Cassandra Garcia Hernandez, the Honorable Salman Bhojani, the Honorable Linda Garcia, the Honorable Barbara Gervin-Hawkins, and the Honorable John Bryant commented in opposition to adoption of the rule as proposed.
The amendment is adopted under Parks and Wildlife Code, §11.004, which gives the commission the authority 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.
§
55.1.
(a) The requirements of this section are in addition to any requirements of Parks and Wildlife Code, Chapters 42 and 46.
(1) A person 17 years of age or older who seeks to purchase or obtain a permit or license listed in subsection (d) of this section must present:
(A) an unexpired driver's license or personal identification certificate issued by a state or territory of the United States or the District of Columbia of which the person is a resident that complies with the minimum document requirements and issuance standards for federal recognition under the REAL ID Act of 2005, Public Law 109-13, unless the driver's license or personal identification certificate is marked "Limited Term" or "Temporary";
(B) an unexpired driver's license or personal identification certificate that does not comply with REAL ID issued by the Texas Department of Public Safety or one of the following states of which the person is a resident, unless the driver's license or personal identification certificate is marked "Limited Term" or "Temporary": Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, West Virginia, Wisconsin, or Wyoming;
(C) an unexpired driver's license or personal identification certificate issued by a state or territory of the United States or the District of Columbia (regardless of whether it is marked "Limited Term" or "Temporary"), accompanied by one of the following documents:
(i) an original birth certificate issued by the appropriate vital statistics agency of a state or territory of the United States or the District of Columbia, indicating birth in the United States;
(ii) an original United States government-issued document indicating birth of a child born abroad to a United States citizen, including a Consular Report of Birth Abroad (form FS-240), Certification of Report of Birth (form DS-1350), or Certificate of Birth Abroad (from FS-545);
(iii) an unexpired United States passport or passport card;
(iv) an unexpired United States military identification card; or
(v) an unexpired license to carry a handgun issued by the Texas Department of Public Safety; or
(D) if the person is a resident of another country, a valid, unexpired passport issued by the government of another country accompanied by, if required for entry into the United States from the person's country of residency, a current permanent resident card or unexpired immigrant visa issued by the United States Department of Homeland Security.
(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 an unexpired driver's license or personal identification certificate originally 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 and any two of the following in physical or electronic format:
(A) a current property tax statement indicating that the person is the owner of homestead property in Texas;
(B) an unexpired license to carry a handgun issued by the Texas Department of Public Safety;
(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 one of the following in physical or electronic format:
(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 the following in physical or electronic format:
(A) a signed self-declaration under penalty of perjury 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.
(d) The provisions of subsection (a)(1) of this section apply to the following permits and licenses:
(1) resident hunting;
(2) senior resident hunting;
(3) nonresident general hunting;
(4) nonresident five-day hunting;
(5) Texas resident active-duty military hunting package;
(6) special resident fishing license;
(7) "year-from-purchase" resident fishing license;
(8) Texas resident active-duty military "all water" fishing package;
(9) resident freshwater fishing package;
(10) resident saltwater fishing package;
(11) resident "all water" fishing package;
(12) senior resident freshwater fishing package;
(13) senior resident saltwater fishing package;
(14) senior resident "all water" fishing package;
(15) resident one-day "all water" fishing license;
(16) nonresident freshwater fishing package;
(17) nonresident saltwater fishing package;
(18) nonresident "all water" fishing package;
(19) nonresident one-day "all water" fishing package;
(20) resident combination hunting and freshwater fishing package;
(21) resident combination hunting and saltwater fishing package;
(22) resident combination hunting and "all water" fishing package;
(23) resident senior combination hunting and freshwater fishing package;
(24) resident senior combination hunting and saltwater fishing package;
(25) resident senior combination hunting and "all water" fishing package;
(26) resident super combination hunting and "all water" fishing package:
(27) resident senior super combination hunting and "all water" fishing package;
(28) disabled veteran super combination hunting and "all water" fishing package;
(29) Texas resident active-duty military super combination hunting and "all water" fishing package;
(30) lifetime resident super combination hunting and "all water" fishing package;
(31) lifetime resident hunting;
(32) lifetime resident fishing;
(33) lifetime hunting to combination upgrade;
(34) lifetime fishing to combination upgrade; and
(35) Lake Texoma Fishing License.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 18, 2026.
TRD-202602494
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: August 3, 2026
Proposal publication date: January 23, 2026
For further information, please call: (512) 389-4775