How to Become a Legal Resident of Texas

Becoming a legal Texas resident is a simple process with numerous rewards. For instance, until you are a legal resident of Texas, you can't vote in local and state elections. Also, being a Texas resident allows you to get an ID or driver's license in the state. Becoming a Texas resident can also be helpful when applying to Texas universities and will save future students pricey out-of-state tuition fees.

Method 1
Method 1 of 4:

Getting a Driver’s License or State ID Card

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    Move to Texas. To become a Texas resident one must first establish a home in any town in Texas. This entails buying or renting property and subsequently receiving mail at that address.
    • If you do not have a license from another state, you will need to prove that you have been in the state for 30 days before you can get an ID. If you do have a license from another state, you can bring it in and switch it out for a Texas ID less than 30 days after arrival.
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    Collect your residency documents. You will need to show the Department of Motor Vehicles that you do live in Texas. This is done by bringing specific documents to one of their offices, all of which need to have your name and Texas address on them. You will need to bring two of these documents:
    • Deed, mortgage, or rental documents
    • Unexpired Texas voter registration card
    • Texas registration or title for a motor vehicle
    • Texas registration or title for a boat
    • License to carry a concealed handgun
    • Current utility statement: an electric, water, natural gas, satellite TV, cable TV, or home phone bill. It needs to be dated within 90 days of the date you apply.
    • 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
    • Statements from a financial institution: including checking, savings, investment account, or 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
    • Automobile payment booklet that is current
    • Paycheck or payment stub dated within 90 days of the date of application
    • Documents issued by the U.S. 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 U.S. Citizenship and Immigration Services
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    Complete a driver's license or ID application. All residents must procure a Texas state driver's license or ID card within 90 days of moving to Texas. This can be done at any office of the Department of Motor Vehicles (DMV).
    • One must complete an application for a Texas driver's license or Texas ID card and pay the required fee.
    • A minor will need a parent or legal guardian to sign their application for a driver's license. That parent or guardian will need to attest that the answers on the minor's application are true.
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    Pass necessary tests to get a driver's license. If you want a driver's license, as opposed to an ID, you will need to prove that you know how to drive. This can be done by showing that you have a valid driver's license in another state or by passing a driving and written test at the DMV. In addition, all new licenses require an eye exam.
    • If moving to Texas with a valid out-of state or out-of country driver's license, you will need to bring this document with you to the DMV. This will be proof of license and thus the written and driving license exam will be waived. However, a vision exam will still be required.
    • When you get your new Texas license, you will need to turn in your existing license from another state. If you do not wish to do that, you can choose to take the written and driving test in Texas, in which case they do not need your old license.
    • If you would like to transfer an endorsement, such as a motorcycle endorsement, you will need to fill out an additional form. You will also need to pass a motorcycle safety course and pay an additional fee for the endorsement.[1]
    • If your license happens to get lost or is stolen, you can simply get your Texas driver's license replaced.
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Method 2
Method 2 of 4:

Establishing Residency for Voting

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    Be a United States citizen. Those wishing to become Texas residents in order to vote must first be citizens of the U.S.[2] This can be done through natural birth within U.S. borders, birth abroad to U.S. parents, or naturalization. Naturalization is a process in which a citizen of another country becomes a citizen of the U.S. Whatever your path to citizenship, you will need documentation of your citizenship, whether that be a birth certificate or a certificate of naturalization.
    • Becoming a U.S. citizen can take some time. Naturalization requires 5 years of legal residence in the U.S., followed by an application process and a naturalization test. The test consists of questions on English, U.S. history, and civics.[3]
    • However, there is a strict limit on the number of people who can be permanent residents (those with green cards) and who can become citizens each year, so just because you want to apply and take the test does not mean you will be allowed to.
    • If you're married to a U.S. citizen, you can qualify after 3 years of legal residence.
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    Have identification. While you do not need to show your ID to anyone to register to vote, the registration form asks for an driver's license or ID number and you will be required to show a form of ID when you actually go to vote. The forms of identification that are accepted at voting locations include:[4]
    • Texas driver license
    • Texas election identification certificate
    • Texas identification card
    • Texas license to carry permit
    • United States military identification card
    • United States citizenship certificate
    • US passport
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    Register to vote. Pick up a voter registration application from any polling place or state office. Fill out the form and mail it in 30 days before a scheduled election.
    • On the application you will be asked your name, address, driver's license or ID number, if you are a U.S. Citizen, and various other identifying information, such as your date of birth.[5]
    • While voting is voluntary and not required to be a resident of Texas, it is something that only a resident can do.
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Method 3
Method 3 of 4:

Becoming Eligible for In-State Tuition

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    Be a legal resident for one year. If you are an adult, you must live in Texas for a full year, 12 months consecutively, to be counted as a Texas resident in the eyes of universities. In order to establish the start of this year, get utility bills in your name, just as you would to get your driver's license or ID from the state of Texas. This will prove that you have established a domicile in Texas on that date.[6]
    • If you have lived in Texas for longer than a year then you are already a resident in the eyes of the university system of Texas.
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    Establish residency differently if you are a dependent. Dependents, meaning someone who is still financially supported by their parents or guardians, can prove residency in ways other than a year of living and working in Texas. The ways to prove the residency of a dependent include:[7]
    • Graduate from a Texas high school in the year before you intend to attend a Texas university. You need to have been enrolled in that school for the three years prior to graduation for your graduation to establish residency.
    • Be claimed on your parent's income tax as a dependent, if they themselves are residents of Texas. This means that they need to have been working in Texas for the year before you intend to begin college. Conversely, be sure you are not claimed as a dependent if they live outside the state of Texas and you reside within.
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    Show your proof of residency to the registrar at the university you are applying to. Follow that institutions instructions for proving your residency in a timely manner, in other words before your school year begins. Your residency status has a huge impact on the amount of tuition that you are required to pay to go to college, so you don't want any unforeseen problems arising at the last moment.[8]
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Method 4
Method 4 of 4:

Establishing Residency for Tax or Legal Purposes

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    Move to Texas. Many people may want to move to Texas because the state charges no income tax.[9] There are also other legal reasons to establish residency in Texas, such as to get a divorce. In order to benefit from these tax and legal incentives, you need to be a resident of the state first.
    • Texas is one of the few states in the country that divides assets and debts equally between spouses during a divorce. The is called a "community property" standard.[10]
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    Change your address of record immediately. This means changing the address on your driver's license, car registration, voter registration, and mailing address as soon as you can. Some of these address changes will require documentation, such as mail proving your address, and some should be done before others. Usually, it's best to change your mailing address first, including on bills, so that you get mail at your new address that makes changing the others easier.
    • Changing your address of record quickly will help you to establish when you became a resident. For issues that require you to have been in the state for a set amount of time, this will begin that amount of time.
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    Live in the state for six months, if you are seeking a divorce. In order to get a divorce in Texas, you need to have resided in the state for six months.[11] Additionally, you need to file in a county that you, or your spouse, has lived in for at least ninety days, so don't move from county to county often.[12]
    • If you are in the armed forces, any time serving outside of Texas if you were already a resident is still counted as Texas residency for the six month residency requirement.
    • If the person you are trying to divorce has lived in Texas for the last six months but you have not, you can still file for divorce there. You just need to file for divorce in the county they reside in.
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    Calculate taxes based on when and where you earned income. The date you moved to Texas may have an impact on your taxes, as long as your income is generated in Texas as well. However, if you earned money in another state, you will need to pay taxes on it, whether you are a Texas resident or not.[13]
    • If you live in Texas but work across the border, you will need to pay non-resident taxes in the state you work in.
    • The lack of income taxes in Texas is made up for in high property and sales taxes. So, if you have a lot of income, moving to Texas for tax purposes may be worth it. However, if the amount you would pay in income taxes elsewhere is less than you would pay in property and sales taxes, then lack of income tax might not be a good reason to move to Texas.[14]
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Community Q&A

  • Question
    What steps do my parents need to take to become residents without going through all the steps involving driving?
    Community Answer
    Community Answer
    Basically, live in Texas for 12 consecutive months (i.e. 1 year) by either renting or owning a home.
  • Question
    If my only income is 1099 retirement, and I move from another state, when will I become a Texas resident for tax purposes?
    Community Answer
    Community Answer
    This is a complex issue and could be dangerous (legally) to be misinformed. You should talk to a tax attorney based in Texas. Most attorneys won't mind answering a question like this without charging.
  • Question
    Does 12 consecutive months mean I can't leave a state/country for a vacation or holiday?
    Community Answer
    Community Answer
    No, as long as you have a home in the state/country during that time.
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References

  1. ↑ https://www.dps.texas.gov/internetforms/Forms/DL-16P.pdf
  2. ↑ http://www.votetexas.gov/register-to-vote/
  3. ↑ https://www.uscis.gov/us-citizenship/citizenship-through-naturalization
  4. ↑ http://www.votetexas.gov/faq/
  5. ↑ https://webservices.sos.state.tx.us/vrapp/index.asp
  6. ↑ http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.54.htm#54.052
  7. ↑ http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.54.htm#54.052
  8. ↑ http://www.utsa.edu/registrar/residency/
  9. ↑ http://www.nytimes.com/2013/05/24/us/in-texas-the-joys-of-no-income-tax-the-agonies-of-the-other-kinds.html?_r=0
  1. ↑ https://www.texasbar.com/AM/Template.cfm?Section=Family_Law2&Template=/CM/ContentDisplay.cfm&ContentID=23444
  2. ↑ http://www.womenslaw.org/laws_state_type.php?id=200&state_code=TX
  3. ↑ https://www.texasbar.com/AM/Template.cfm?Section=Family_Law2&Template=/CM/ContentDisplay.cfm&ContentID=23444
  4. ↑ https://ttlc.intuit.com/questions/1901267-which-states-don-t-have-income-tax
  5. ↑ https://www.theguardian.com/money/us-money-blog/2014/sep/17/states-income-taxes-surprising-inequality-burden

About This Article

Dhenu Maru
Co-authored by:
Dhenu Maru
Immigration Lawyer
This article was co-authored by Dhenu Maru. Dhenu Maru is an Immigration Lawyer, as well as the Founder and CEO of SwagatUSA, LLC. With over 10 years of experience, she specializes in family immigration and business immigration. She earned her law degree from Loyola University Chicago School of Law and her BA in Philosophy & Child Development from Tufts University. She was named a Rising Star by Super Lawyers for 2017, 2018, and 2019. She earned the title of Super Lawyer in 2021 and has been selected again for 2023. This article has been viewed 517,802 times.
1 votes - 100%
Co-authors: 10
Updated: December 28, 2022
Views: 517,802
Categories: Living in the United States
Article SummaryX

To become a legal resident of Texas, start by collecting documents that show a Texas address, like a copy of your lease or mortgage, a W-2 with your address on it, or a credit card statement. Then, bring these documents to the DMV and complete a driver’s license or ID application. If you want to vote in Texas, pick up a voter registration application from any polling place or state office and fill it out with your address, ID number, and various other identifying information. To learn how to become eligible for in-state tuition, keep reading!

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