Waiting Time For Residency Requirement

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RossA
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Waiting Time For Residency Requirement

#1

Post by RossA »

I had such good results with my last question, I thought I'd try again!
My understanding is that you have to be a Texas resident for 6 months in order to receive a LTC. If I'm not mistaken, you can actually apply and take your class with less than six months, but the state won't issue the license until you reach that magic 6 month threshold. Not sure about that part, but either way the 6 months period is the minimum.
I have a friend who grew up in New York, went to Israel for a couple of years on a student visa, and has just returned from overseas and settled in Texas. He has been here about 6 or 8 weeks. I told him about the 6 month requirement, and told him to go ahead and try to apply online if he wanted to, but I was sure he couldn't get a license this quickly.
He said that when he applied online it appeared that there was some language which made it appear that he could go ahead and complete the process regardless of the time limit. I didn't see the computer screen so I'm not sure what he was seeing.
If it matters, he has just applied for his Texas drivers license, and only has a temporary license so far.
My question: am I right that a resident LTC is a strict 6 month requirement, or is there something that I am missing?
Thanks in advance.
God and the soldier we adore,
In times of danger, not before.
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God's forgotten, the soldier slighted.
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bblhd672
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Re: Waiting Time For Residency Requirement

#2

Post by bblhd672 »

I asked the same question almost two years ago. https://texaschlforum.com/viewtopic.php?f=53&t=84497

I waited until I had my permanent drivers license to start LTC process.
As long as your friend intends to establish residency in Texas, I would think he is good to go.
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Re: Waiting Time For Residency Requirement

#3

Post by strogg »

There is no requirement that I know of. The 6 month thing is for the background check process, I believe. There are additional steps that need to be followed before they'll issue you an LTC if you have been here less than 6 months, but there is no "waiting period." Just have your friend go to the DPS website to start the process. It'll show him what he needs. As long as he has a Texas DL, he's good to go.

I moved here from behind enemy lines over a year ago. Official paperwork says I moved here January of last year. I physically moved here mid-Feb. I got my DL soon after (and that night I filled out my first of many 4473s in this great state to celebrate :txflag:), then went through the process of getting an LTC in early March. By the end of March, I had my resident LTC in hand.
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RoyGBiv
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Re: Waiting Time For Residency Requirement

#4

Post by RoyGBiv »

There is no waiting requirement.

If you move to Texas with the intent of establishing residency, no waiting.

Someone will be along shortly to cite the code for you....

ETA: Here it is..
Sec. 411.173. NONRESIDENT LICENSE.

(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.
I am not a lawyer. This is NOT legal advice.!
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tbrown
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Re: Waiting Time For Residency Requirement

#5

Post by tbrown »

The six month requirement is a hold over from the early days when the only Texas CHL was a resident CHL. When the law changed to allow nonresident licenses, they also got rid of the six month requirement. It would make no sense to allow somebody to apply one week before they move to Texas but not one week after they move. In an unusual fit of logic, the legislature did the rational thing.
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RossA
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Re: Waiting Time For Residency Requirement

#6

Post by RossA »

RoyGBiv wrote:There is no waiting requirement.

If you move to Texas with the intent of establishing residency, no waiting.

Someone will be along shortly to cite the code for you....

ETA: Here it is..
Sec. 411.173. NONRESIDENT LICENSE.

(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.
Roy, that's the issue I am having. That section says that the department shall establish a procedure for someone who intends to become a resident here, but it doesn't say what the procedure is.
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In times of danger, not before.
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God's forgotten, the soldier slighted.

apostate
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Re: Waiting Time For Residency Requirement

#7

Post by apostate »

My suggestion is to stop overthinking it and apply.

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RossA
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Re: Waiting Time For Residency Requirement

#8

Post by RossA »

True, but as an instructor, I kind of like to think through questions that I haven't received before if I intend to answer someone.
God and the soldier we adore,
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.

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Re: Waiting Time For Residency Requirement

#9

Post by twomillenium »

RossA wrote:
RoyGBiv wrote:There is no waiting requirement.

If you move to Texas with the intent of establishing residency, no waiting.

Someone will be along shortly to cite the code for you....

ETA: Here it is..
Sec. 411.173. NONRESIDENT LICENSE.

(a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if the person is a legal resident of another state or if the person relocates to this state with the intent to establish residency in this state.
Roy, that's the issue I am having. That section says that the department shall establish a procedure for someone who intends to become a resident here, but it doesn't say what the procedure is.
I have been told by the Dept. that a valid TXDL, is proof of "intended residency" I have had one student get his DL in TX from OK (CDL) and then applied and received his LTC within 2 months. This has happened all in 2018.
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RossA
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Re: Waiting Time For Residency Requirement

#10

Post by RossA »

Thanks, guys. Sounds like he might be better off than I thought.
God and the soldier we adore,
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.
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RoyGBiv
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Re: Waiting Time For Residency Requirement

#11

Post by RoyGBiv »

apostate wrote:My suggestion is to stop overthinking it and apply.
Correct. :thumbs2:
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek

infoman
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Re: Waiting Time For Residency Requirement

#12

Post by infoman »

There is no Texas residency requirement period. Example: you could live in Oklahoma your whole life & only have an Oklahoma DL, yet you can also hold a Texas LTC. (so long as you do the training here on TX soil). Again, there’s no residency requirement at all, & I know it’s been that way for sure since at least 2008/09.

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Re: Waiting Time For Residency Requirement

#13

Post by infoman »

There are many applicants who are issued Texas LTC’s that live in far away states too, like Alaska, Hawaii, Oregon, etc who do not have a Texas DL/ID card.

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Re: Waiting Time For Residency Requirement

#14

Post by twomillenium »

infoman wrote:There are many applicants who are issued Texas LTC’s that live in far away states too, like Alaska, Hawaii, Oregon, etc who do not have a Texas DL/ID card.
They have nonresident license. I think the OP was ask about a resident license.
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Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.

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RossA
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Re: Waiting Time For Residency Requirement

#15

Post by RossA »

Twomillennium understood!
God and the soldier we adore,
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.
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