(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.

Source Note: The provisions of this §55.1 adopted to be effective October 18, 2005, 30 TexReg 6765; amended to be effective December 29, 2013, 38 TexReg 9372; amended to be effective October 12, 2020, 45 TexReg 7266