Texas residency affidavit (Form DL-5): what it is and how to use it

Texas requires two proof-of-residency documents for a driver's license or ID card. For expats, digital nomads, and people who recently moved and don't yet have utility bills or a lease in their own name, that requirement is a wall.

The Texas Residency Affidavit (Form DL-5) is the official way to get past it. The affidavit of residency Texas uses allows a qualifying person or organization to vouch for your Texas address when you can't produce the standard documents yourself.

This guide covers what the DL-5 requires, who can sign it, what documents they need to provide, and when notarisation is and isn't required.

What the Texas Residency Affidavit (Form DL-5) is

The Texas Residency Affidavit, officially Form DL-5, is a document issued by the Texas Department of Public Safety that allows an applicant for a Texas driver's license or ID card to establish residency through a certified third-party declaration rather than through standard documentary proof.

Individuals who are unable to provide two acceptable documents may be eligible to complete a Texas Residency Affidavit. Standard acceptable documents include utility bills, lease agreements, bank statements with a Texas address, Texas voter registration cards, and mortgage statements, all in the applicant's own name. When an applicant cannot produce two of these, the DL-5 is the alternative route.

Texas domicile rules are established in the Texas Administrative Code (37 TAC §§ 15.49 and 16.7). The DL-5 is the procedural mechanism used to apply those rules at the DPS counter. For a broader overview of what Texas residency involves beyond the driver's licence, Texas Residency: Benefits and Requirements covers the full picture including tax implications and domicile steps. If you are still deciding whether Texas is the right domicile state for your situation, Can a digital nomad get a US driver's licence compares the driver's license process across the most popular nomad states.

One limitation to state clearly at the outset: this form and any proof submitted do not guarantee the issuance of a Texas driver's license or ID card. The residency affidavit Texas requires supports the claim; DPS retains final discretion to approve it.

Who needs a Texas residency affidavit?

The DL-5 exists for a specific situation: you have a genuine Texas address but can't provide two acceptable documents in your name showing that address. Several groups regularly fall into this situation.

• Expats and digital nomads who have established Texas as their domicile state and use a mail-forwarding address have a real Texas street address, but utility bills and lease agreements aren't in their name. If you are still weighing which state to establish as your domicile, how to select the state of domicile walks through the key factors. If you haven't sorted the mail-forwarding side of your Texas setup yet, best mail forwarding services for US expats covers your options.
• People who recently moved to Texas and have not yet received utility bills, bank statements, or other documents showing the new address. The two-document requirement can be impossible to satisfy in the first weeks after a move.
• People living with family or roommates where all the bills and the lease are in someone else's name. This is common for young adults, recent graduates, and anyone sharing accommodation.
• People in transitional situations, staying temporarily with a friend, a relative, or in employer-provided housing where standard documents are not available.

The common thread: someone else at the Texas address has the documents. The DL-5 connects their documentation to the applicant's residency claim.

How the affidavit of residency Texas works: the two sections

The DL-5 has two sections. Both must be completed for the form to be valid.

Section A: Applicant information

Completed by the person applying for the driver's licence or ID card. Requires: full legal name, Texas residence address, applicant's signature, and date. By signing, the applicant certifies the information is true and correct and acknowledges that providing false information is a crime under Texas law.

Section B: Certifying individual or representative information

Completed by the person or organization vouching for the applicant's Texas address. Requires: certifier's name, organization if applicable, address, city, state, ZIP code, their relationship to the applicant, signature, and date. The certifier declares that the applicant lives at the listed address or receives services there, and certifies under Texas law that the information is true and correct.

Both sections must be complete before the form goes to DPS. DPS will not accept an incomplete DL-5 at the counter.

Who can sign Section B: the 3 scenarios

This is the most important section for expats and nomads. The three scenarios have meaningfully different requirements, and choosing the wrong one can mean a wasted DPS appointment.

Scenario 1: Family member

A relative of the applicant such as spouse, parent, sibling, or other family member, who lives at the Texas address.

What they must provide: copies of two acceptable residency documents in their own name, showing they live at the Texas address, plus documentation of the family relationship: marriage certificate for spouses, birth certificate for parent-child, adoption records, or another official document demonstrating the relationship.

What they do not need to do: accompany the applicant to the DPS office. The applicant can bring the completed affidavit and supporting documents alone. This is the most logistically convenient scenario, particularly for nomads whose family already lives in Texas.

Scenario 2: Non-family member (friend, roommate, or landlord)

A non-relative who lives at the same Texas address or can verify the applicant's address.

What they must provide: copies of two acceptable residency documents in their own name, plus a valid Texas driver's licence or identification card.

What they must do: if the person signing the affidavit is not related to the individual applying, that person must accompany the applicant to the DPS. Physical presence at DPS is required, they cannot simply sign the form and hand it over. This is a practical constraint for nomads whose potential certifier may not be available or willing to make a DPS trip.

Scenario 3: Organizational representative

A representative of a governmental entity, nonprofit organization, assisted care facility, adult assisted living facility, homeless shelter, transitional service provider, or group or halfway house.

What they must provide: a notarised letter certifying the address where the applicant resides or receives services and verifying they receive mail at that location.

What they do not need to do: accompany the applicant to DPS. The notarised letter substitutes for in-person presence. This scenario may apply to mail forwarding services or virtual office providers that offer certification as part of their service. If your Texas mail forwarding provider can produce a notarised letter certifying your address, this route may work without needing a personal contact in Texas at all.

What documents the certifier must provide

The certifier's residency documents give the DL-5 its evidentiary weight. The same types of documents the applicant would have needed are what the certifier must provide from the standard DPS acceptable list:

• Utility bills (gas, electric, water) showing the Texas address
• Lease or rental agreement
• Mortgage statement
• Texas voter registration card with current address
• Bank or financial institution statement with Texas address
• Texas vehicle registration
• Pay stub with Texas address
• US government-issued document with Texas address

For family members, also provide relationship documentation, for example, marriage certificate, birth certificate, or adoption records, as applicable.

The address on the certifier's residency documents must match the Texas address listed in Section A of the DL-5. If the certifier's documents show a different Texas address, the affidavit will not satisfy the requirement.

One same-source limitation applies: both documents may be from the same source only if the source is a local governmental entity or service provider that provides multiple residential services. Two months of the same utility bill from the same provider do not satisfy the two-document requirement, the documents must be from different sources or different service types. If you are working through how to establish proof of residency without a traditional utility bill, how to prove US residency without utility bills covers the alternatives that DPS and other institutions commonly accept.

Notarization: when it's required and when it's not

This is one of the most frequently misunderstood aspects of the Texas residency affidavit (DL-5).

• Family member signing: notarisation is generally not required. The DL-5 form includes a notary section with the note "if required," and notarisation is typically unnecessary for family members signing the form.
• Non-family member accompanying in person: notarisation is not required. The certifier's physical presence at DPS and their valid Texas ID substitute for notarisation.
• Organizational representative: a notarised letter is required, this is the one scenario where notarisation is mandatory. The notarised letter from the organisation replaces both in-person attendance and the standard residency documents.
• Remote Online Notarisation (RON): Texas permits RON for documents that require notarisation. For the DL-5 itself, RON is most relevant in the organisational representative scenario where a notarised letter is needed. Online notary services connect signers with licensed notaries via live video and produce electronically notarised documents, which can be completed without anyone being physically present in Texas.

Even when notarisation is not required, some DPS offices may request it. Getting the form notarised proactively, at a bank, UPS Store, or through an online notary can prevent delays at the appointment. Notary fees typically run $5 to $15.

How to use the DL-5 as a nomad or expat 

Step 1: Confirm your Texas address

You need a real Texas street address for Section A. For nomads and expats, this is typically a mail forwarding address. A PO box alone is not acceptable, a genuine street address is required. If you are still setting up your US address infrastructure while living abroad, how to maintain a US address while living abroad walks through the options and what works for different purposes.

Step 2: Identify your certifier

Determine which of the three scenarios applies to your situation. For most expats without Texas-based family or friends willing to make a DPS trip, the organisational representative route is the most practical option, it requires no one else to attend DPS with you. As can a digital nomad get a US driver's licence explains, the certifier requirement is the single biggest coordination challenge in the Texas process compared to other nomad-friendly states.

Step 3: Prepare the documents

Download Form DL-5 from dps.texas.gov. Complete Section A with your information and signature. Have your certifier complete Section B. Gather the certifier's two residency documents and, if applicable, relationship documentation for family members. If using the organizational route, obtain the notarised letter before your appointment.

Step 4: Book your DPS appointment

Texas DPS requires appointments for most driver's license applications. Book at dps.texas.gov/DriverLicense. Confirm what additional documents you need for the driver's license application itself, the DL-5 covers residency, but identity and lawful presence documents are also required.

Step 5: Attend the DPS appointment

If using a non-family certifier: they must attend with you and bring their valid Texas driver's license or ID. If using a family member or organizational letter: attend alone with the completed paperwork. DPS reviews everything and makes the final determination.

Texas vs Florida for nomads

Both Texas and Florida are popular no-income-tax domicile states for nomads and expats. The driver's license process is one practical difference worth understanding before choosing.

The Texas DL-5 route requires finding someone who lives at the Texas address, has their own Texas residency documents, and is either willing to submit documents without attending DPS (family only) or willing to accompany you in person (non-family). For nomads with no existing Texas connections, coordinating this is often the harder part of the whole process.

Florida driver's license without a permanent address explains the Florida mechanism, which does not require a third-party certifier in the same way and is generally considered more accessible for expats who have no existing local connections. South Dakota driver's licence requirements guide covers the third major nomad option, which has its own distinct process and is popular with full-time RVers and travelers.

Texas makes more sense when you have family in the state, an employer or business based there, or other existing Texas connections that make the DL-5 certifier straightforward to arrange. If you are still deciding, how to select the state of domicile compares the key factors, tax implications, driver's license process, ease of establishment, and banking, across the main options.

Frequently asked questions

Can I use a mail forwarding address on the Texas residency affidavit DL-5? 

A mail forwarding address can be used as the Texas address in Section A if the certifier's documents show that same address, or if an organizational representative provides a notarised letter for that address. A PO box alone is not acceptable, a real street address is required.

Does the certifier have to live at the same address as me? 

For the family and non-family scenarios, yes, their residency documents must show the same Texas address as Section A. For the organizational representative scenario, the organization certifies that the applicant receives services or mail at the address; the representative's own address may differ.

Is notarisation always required for the affidavit of residency Texas? 

No. Notarisation is only required when an organisational representative signs, in the form of a notarized letter. Family members and non-family members who accompany the applicant in person do not require notarised signatures on the DL-5.

What if my non-family certifier cannot come to DPS in person? 

The non-family in-person requirement cannot be waived. If your certifier is unavailable to attend DPS, consider whether you have a family member who can sign without being present, or whether the organizational representative route, which requires a notarised letter rather than in-person attendance, is available to you.

Can I complete the Texas residency affidavit (DL-5) remotely? 

You can complete and sign the form digitally. Remote Online Notarisation is available for scenarios that require notarisation. However, if you use the non-family certifier route, that person must still physically accompany you to DPS, regardless of how you sign the form. The in-person attendance requirement is separate from how you complete the form.

Does the DL-5 establish Texas domicile for tax purposes? 

The DL-5 is specifically for driver's license and ID card purposes. Texas domicile for tax purposes involves a broader set of actions, updating voter registration, financial records, and employer records, beyond the DL-5 alone. The DL-5 is one step in the process, not the whole process. Texas Residency: Benefits and Requirements covers what it takes to complete the full domicile picture in Texas.

Conclusion

The Texas Residency Affidavit (Form DL-5) solves the two-document problem for driver's licence applicants who cannot produce standard proof of residency in their own name. A family member can sign without attending DPS in person. A non-family member can sign but must accompany you to the DPS office. An organizational representative can sign with a notarised letter and no attendance required.

The key variable is which certifier scenario is available to you. For expats and nomads with no existing Texas connections, coordinating the DL-5 is often the biggest practical hurdle of establishing Texas domicile, which is one of the reasons many choose Florida driver's licence without a permanent address, where the process for people without a standard address works differently. If you are weighing the options, how to select the state of domicile gives you the framework to make that decision based on your specific situation, and Texas residency: benefits and requirements covers everything that follows once you have decided Texas is the right choice.