Becoming a (Converted) Texan

AddThis Social Bookmark Button

As they say in Late Bloomers (a play which I recommend to anyone who has anything to do with Winter Texans), “no one is born a Winter Texan.”  In other words, you have to choose to become a Winter Texan (and it often sneaks up on you).  But, it takes even more to become a Converted Texan.  Last year, my wife and I spent the winter in El Valle, and decided being Winter Texans would be a good thing.  Then, as we thought about it, since we purchased a place here, we decided that becoming Converted Texans made even more sense.  So, we started our research and decided to change our residency.  The challenge was, everyone we talked to had different answers on what was required (where to go, what to bring, what driver’s license is needed, etc.).

Texas was the first state where we’ve established residency that we had to go to two different locations to handle the vehicle registration and the driver’s license (in total we went to 4 different government agencies—county tax office, local DPS, county voter registration office, and the local tax appraiser for the district).  We also discovered (luckily we called on this one) that you MUST register your vehicles PRIOR TO obtaining your driver’s license.  The registration for the car went smoothly and the county tax office location here in Mission was convenient for us.  We changed the insurance, had the car inspected, and took in our title and registration and all went well.  The motor home was a little more difficult.  In addition to the inspection, we needed to have a weight ticket (I heard from others that the brochure with weight information would suffice, some even said a picture of the placard with GVWR would also work—we chose to just weigh the vehicle since we had it out for the inspection anyway; and it is good to weigh an RV now and then).  Of course, we did not find out until after waiting for our number to be called that we needed a side picture of the RV.  So, off we went to find a picture (they accepted the brochure for this).  So, two trips to register the RV.

 

Then, it was time for the driver’s license.  What license do you need to drive your vehicle?  Every person we asked (including the DPS employees) had different answers.  So, this one was fun.  The first mistake we made, though, was assuming a passport, a driver’s license, and a few other forms of ID were sufficient to obtain a driver’s license.  Well, since the 2005 Federal law was passed, this is not sufficient—you also must provide proof of your social security number.  So, we had to make a second trip.  My wife does not drive the RV, so she got her Class C license with no problem.  Once we had our social security cards, all she needed to do was get her picture taken and she was done (with the line, this was about a 2-hour process; for a new license we had to go to the DPS in McAllen because the satellite in Mission only handled renewals).

With me, however, there was a catch.  Since the MH is over 26,001 pounds, I needed a Class B license (yes, everyone told me that there is an “exemption” for RVs—but, that is an exemption to CDL rules and you still have to meet the weight requirement; and, it also seems that whoever is in charge that day will give you different information).  I have no problem obtaining a Class B license (I would rather be conservative to ensure my insurance has no reason to deny any claims I may have some day; also, do not even try to call Austin to get this question clarified; all you get is either a busy signal or a message saying there are too many calls; I tried for over 2 weeks).  Some told me that they just give you the Class B since it is “exempt”; however, I was told that I would need to take both a written and a driving test.  Since I had been here over 2 hours and did not want to wait in line again, I took a shot at the written test (you get 3 attempts) and passed (my guess factor was high—the first question was “what requirements do you have to meet if you drive on public roads with steel tires?”).

Now it was time to take the driving test.  I had to call a number and schedule this test.  Since the McAllen DPS office cannot handle the large rigs, I had to go to Edinburg.  The day before my appointment, my wife suggested that I take a drive out there to make sure I can find it (we both hate surprises while driving in the MH!).  So, I drove out there and was shocked when I noticed that I would not even be able to get my MH into their parking lot.  So, I called the number again and explained my concern.  They told me to go to the back of the building—I pointed out (again) that I could not get to the back of the building because I could not get into the parking lot nor could I make the turn in the lot that goes to the back of the building.  They said, “No, further behind the building.”  I asked, “you mean the dirt field being used as a parking lot?” and they said yes.  They then told me the easiest way to get into that dirt field.

So, I came back the next day and parked in the dirt field for my driving test, and was able to pass in one attempt; plus I got to see a lot of Edinburg I had never seen before.  While I do not think it is fair that some of us have to take the test and some do not (depending on who you get behind the counter when you try to get your license), I do think it is a good idea for anyone driving a large RV (MH or Trailer) to take a driving test at least once.  I had been warned that I might get questions about air brakes or about safety equipment; however, I was not asked about either of those.  I did, however, have to parallel park the motorhome!  It was not a true parallel park like with a car in that there were no poles I had to fit between; I just had to stop in the middle of the street, then back up and pull to the right so that I was close to, and parallel with, the curb.  Actually quite easy with the mirrors and camera—and all the times I’ve had to back into spaces to park the RV.

It also took us a couple of attempts to register to vote (they had problems with my wife’s SSN and then with my address) and were surprised that for the homestead tax exemption you needed to provide your driver’s license AND your social security card (remember earlier that we needed to show our social security card to obtain said driver’s license—so, why would we need it again?); anyway, we forgot to mail a copy of the social security card (we thought the DL was enough) so it took us 2 tries for the exemption (we just stopped in for the second attempt to ensure it was done correctly).

The major lesson I learned through the process is to plan ahead so that 1) you have all the information you are going to need for each step, 2) you do not try to accomplish too many items in one day (the lines are long; do not try to go to 2 different state agencies in one day), and 3) relax because they may ask you for something you did not bring and that you do not need (for example, even after showing her passport, old driver’s license, and social security card, my wife was asked for her birth certificate; she pointed out that the passport was sufficient to cover that issue and the supervisor agreed).

Now, I’m told the final step is that I must purchase a cowboy hat, a shirt with pearl buttons, a leather belt with my name on the back and large brass buckle, Levis or Wranglers that are boot cut, and a pair of boots (preferably “ropers” since I probably need a walking heel because I may not be able to walk in a riding heel).

Here is a summary of the steps:

Step

My Comments

Make the decision

Identify the pros and cons of becoming a Texan

Establish residency

You need a Texas address and “intent” to establish a domicile

Change your vehicle insurance

You will need proof of Texas insurance when you have the car inspected, when you register the vehicle, and then when you get your license.

Weigh RV and Truck

A weight ticket seems like the easiest way to handle the weight for registration and determining your required class of license

Inspect vehicles

Car and RV (yes, even trailers need to be inspected)

Register vehicles

Don’t forget the picture of your RV!

Obtain drivers license

Don’t forget your Social Security Card (or ID with SSN listed) and be ready to take the test if you need Class B or A license for the RV.

Register to vote

You can do this when you get your DL (but follow up, it may not work)

Apply for property tax exemptions (homestead, age, etc.)

To apply for this you will need the proper documentation (for example, for homestead you need to provide both DL and SSN—even though you needed SSN to get DL)

 

More details and references:

If you plan ahead it is not a difficult process; but you need to be aware that you will face long lines, some steps need to happen in the right order, and you will hear different answers (in other words, you might get there and be told you did not need something you brought with you or you need something additional that you were not aware of).

Make the Decision. The first step is to determine the pros and cons of becoming a Texan.  The pros I hear most often are; no state income tax, lower insurance rates (vehicle and health), lower vehicle registration/tax rates, the property tax exemptions (if you own property in Texas), and different rules at the Mexico-US border for wine.  The cons I hear most often are; higher insurance rates (vehicle and health), the long lines and complex rules for changing your residence (unable to get the “real” answer and will take multiple days), higher vehicle registration/tax rates, different rules at the Mexico-US border for distilled spirits, and having to have Texas plates on your vehicle when traveling around the country (hey, I’m just sharing what I’ve been told, so don’t shoot the messenger).

Establish Residency. Once you have decided to become a Texan, you need to establish your residence.  The first step is to obtain a “domicile” within the state.  The definition of a domicile, according to the Texas Attorney General’s Office is, “the place where a person has the person's true, fixed and permanent home and principal residence and to which the person intends to return whenever absent.”  Okay, the first question I hear is “what about a mail service address, like Escapees offers?”  While I cannot find any information stating these are valid (except the Escapees website, which is a little biased and does not provide verification except the statement, “we have checked with our local authorities…”), I did find this clarification (based on people coming here for specific training, but it seems to apply for RVers as well): “Neither bodily presence alone nor intention alone will suffice to create the residence, but when the two coincide at that moment the residence is fixed and determined. There is no specific length of time for the bodily presence to continue.” So, when your intent is to become a Texas resident, “such persons are Texas domiciliaries, no matter what sort of housing in which they may reside.” (https://www.oag.state.tx.us/opinions/opinions/49cornyn/op/2002/htm/jc0520.htm)

My interpretation is that using a mail service that has a street address will meet the requirements for residency as long as both bodily presence (you come here sometimes) and intention (your intent is to continue to return) are present; and, there is no specific time requirement (in other words, you do not have to return to your domicile address a certain amount of time each year).  Of course, the most common way in the El Valle to obtain a physical address is to use an address of an RV park or residential community where you stay while here rather than a mail service.

Caution.  Now that you have determined you are a Texas resident, you need to start the process.  One of the things to keep in mind is that once you begin this process, you have started a clock that could become an issue (although I have not met any Winter Texans who have run into this problem)—“A new Texas resident has 30 days to complete the following: obtain Texas minimum amount of insurance, obtain Texas safety inspection and Vehicle Inspection Certificate, apply for Texas registration and/or title, apply for Texas driver’s license. (ftp://ftp.dot.state.tx.us/pub/txdot-info/vtr/misc/vtr450forms.pdf)  So, once you take the first step, it is best to complete these steps in the process within 30 days.  Of course, other sites say you have 90 days to obtain your driver’s license (http://www.txdps.state.tx.us/DriverLicense/movingtotexas.htm).  (Notice, one site is from TXDOT and the other is from TXDPS—since DPS issues the driver’s license you should go with DPS for the driver’s license info).

Change Your Vehicle Insurance. Before trying to accomplish anything with your vehicles or driver’s license, you should change your insurance to Texas; for some people this may involve changing insurance companies because their provider may not offer insurance in Texas.  Some say that their rates went down, but others say their rates went up (in my case my car went down, but the motorhome rate went up; so it balanced out).  The agent you choose will know the minimum requirements for Texas (http://www.tdi.state.tx.us/pubs/consumer/cb088.html) (for those of you with umbrella policies, you need to keep in mind the requirements on that policy as well).  The shopping is the time-consuming part of this step; once you make the decision, the rest happens right away (and, with computers, you often can print your new proof of insurance as soon as you make the change).

Weigh RV and Truck. You should weigh your motorhome or truck (for those with trucks over 6000 lbs) because some have told me the inspectors need the weight (I did not experience this) and the registration fees are based on the weight.  The rates are determined by the county, so you need to refer to your county tax assessor for this information (and this explains why the registration is done at a different location than the driver’s license) (http://ftp.dot.state.tx.us/pub/txdot-info/vtr/fees/fee_chart_1c.pdf).  You will also need to weigh your trailer (http://www.dot.state.tx.us/vtr/rtb/rtb2004/091-04.htm).  I have been told that you can use the plaque information or brochure information, but I found the weight ticket easiest and was able to weigh the RV the same day I got it inspected.

Inspect Vehicles. Now it is time to get your vehicles inspected.  Naturally, it is easy to find a place to inspect the car, but the RV is a bit more complicated (if nothing else, you need to be able to pull into and out of the facility’s parking lot, and if the MH will not fit into the garage, the equipment will need to reach where the MH is).  Information about the vehicle inspection program can be found at this site:  http://www.txdps.state.tx.us/vi/index.htm I’ve heard a lot about different vehicles having different requirements, but on the site provided, the requirements seem pretty clear cut (down here in the valley there is no emissions test, but some counties in Texas do have this requirement).  Here is more information about RVs (http://www.txdps.state.tx.us/vi/misc/faq/veh_type.htm)   I’m sure that there are some people who may have trouble with the inspection, but most of the people I interact with keep their vehicles in good repair, so should not have any difficulty.

Register your Vehicles. For registration it is important that you realize you are dealing with the county tax office, and not the Department of Public Safety (http://www.txdmv.gov/vehicles/drivers/new_residents.htm).  This is important because it can cause confusion.  The registration process and the driving license requirements for the particular vehicle are separate—in other words, any information the tax people provide about driver’s licenses should be considered suspect, and any information from DPS about the registration process should be suspect (remember the example above where DOT said one thing, but DPS said another).  Also, don’t plan on doing both in one day (I mention this because in my previous state the registration and licensing was done in one location so could be accomplished in one trip on the same day).  While this does not have to be done prior to your driver’s license like your car, you also need to register your trailer (including “park models”) with this department.  To register your passenger car, you need the insurance, title/registration from current state, your inspection certificate, and you will use your Texas address.  For your RV, you will also need your weight certificate (or proof of the weight from the placards, such as photos), an empty weight for a trailer (should be on the current registration documents, or in the brochure—they determine fees for trailers by “carry weight”) and a side-view photo (yes, a photo; sorry, still trying to find a website to support the requirement of a photo but cannot find it; but they accepted my brochure).

Obtain Driver’s License. This one was the most fun because of all the contradictory information out there.  Even the Escapees blog cannot agree (for everyone who shares the answer, someone has a contradiction).  I am basing this on my experience, and will support this information with links to official Texas web sites.  You can choose to agree or not; however, my major concern is that if I were to get into an accident, if my insurance can use Texas information to determine I was not driving legally, then this could be a problem.  The easy answer for my wife was that she does not drive the RV, so she stuck with the regular passenger car Class C license.  For a motor home, as long as the weight is less than 26,001 pounds, then a Class C license is sufficient.  Okay, here comes the “argument” part.  If you look at page 1-7 of the Texas Driver’s Handbook (http://www.txdps.state.tx.us/DriverLicense/documents/DL-7.pdf) you will find this statement:  “Persons operating the following vehicles are exempt from a Commercial Driver License (CDL): …4) A recreational vehicle that is driven for personal use.”  Many people use this statement as justification for only needing a Class C license.  However, if you look at page 1-4 you find this statement:  “The following listed Class A, B, C, and M licenses will be issued to persons who are exempt [emphasis added] from obtaining a Commercial Driver License or persons who are not required to obtain a Commercial Driver License”—and then it lists the requirements.  So, an RV for personal use is exempt from CDL; however, since you are exempt, you still need to get the appropriate classification of license (so, in my case, I have a Class B that is non-CDL; as opposed to a Class B CDL).  Here is a summary of the requirements (for the details, go to page 1-4 of the book, at http://www.txdps.state.tx.us/DriverLicense/documents/DL-7.pdf):

  • For Class C, the vehicle must weigh less than 26,001 pounds and tow a trailer not to exceed 10,000 pounds.  I would say the majority of the RVers out there fall into this category.
  • For Class B, a single-unit vehicle with a GVWR of 26,001 pounds or more and towing a vehicle not exceeding 10,000 pounds.  I would say that when you get into a diesel pusher Class A motor home you are normally in this category.
  • For Class A, any vehicle or combination of vehicle with a combined weight of 26,001 pounds or more AND towing a vehicle weighing in excess of 10,000 pounds (including vehicles in Class B or Class C).  This basically means that if your trailer is over 10,000 pounds, you must have a Class A license.

The key here is that when you say you need a Class A for this large of a trailer, someone else will say “NO, you do not need a CDL”—the catch is, you are both correct.  There is a non-CDL Class A license, and it is clear that if your trailer is more than 10,000 pounds you must have this non-CDL, Class A license.

If your previous license is valid and equivalent to the one you are obtaining from Texas, you will not need to take any written or driving test.  If not (for example, no additional license was required in NM for my MH, so I had the equivalent of a Class C in Texas; therefore, I was moving up to a Class B) then you will need to take both the written and driving tests for the appropriate license (and, each employee at DPS gets to make the determination on which licenses are equivalent).  Depending on the person you are dealing with and your vehicle, your tests may need to include air brakes.

Register to Vote. You can register at any time (like we did—we had decided to move to Texas, and had the address, so we completed the registration process before we returned to change our driver’s licenses) by downloading the form and mailing it in (https://webservices.sos.state.tx.us/forms/vr17.pdf).  Or, you can wait and register while you are getting your driver’s license (just check the box on the DL form).  If you do not receive a registration card in the mail after several weeks, you need to follow up on this (http://www.sos.state.tx.us/elections/voter/index.shtml).

Apply for Property Tax Exemptions. Since you have chosen to be a resident of Texas, if you have a primary residence here that you pay property taxes on, you can apply for homestead exemptions such as the school tax exemption or the age 65 and older exemption (http://www.window.state.tx.us/taxinfo/proptax/exmptns.html).  Remember, when you apply for the exemptions (which can be done by mail) you will need to send copies of your driver’s license and social security card (or proof of social security number).

 

Search Your Site