1. (a) The department shall verify an applicant's eligibility for a license or license renewal under Title 8, Chapter 14 of the United States Code when the applicant is selected for verification pursuant to procedures established by the department to protect the security and integrity of the licensing process.

2. (b) An applicant selected for verification pursuant to subsection (a) must provide documentation establishing eligibility before the department may issue a license or grant a license renewal. The department shall accept the submission of one or more of the following documents as evidence of eligibility, subject to any verification required by the department:

   1. (1) a REAL ID-compliant driver license or identification card issued by a state or territory of the United States, unless marked "Limited Term" or "Temporary";
   2. (2) a United States passport or passport card;
   3. (3) a certified birth certificate, accompanied by an unexpired driver's license or identification card issued by a state that requires verification of the applicant's lawful presence prior to the issuance of such license or card;
   4. (4) a United States military identification card;
   5. (5) a handgun license issued by the Texas Department of Public Safety; or
   6. (6) an identification or immigration-related document issued by the United States Department of Homeland Security, United States Citizenship and Immigration Services, or the United States Department of State confirming the applicant's lawful presence and authorization to work.

3. (c) For the purposes of subsection (b)(3), "certified birth certificate" means:

   1. (1) an original birth certificate issued by the appropriate vital statistics agency of a United States state or territory, or the District of Columbia, indicating birth in the United States; or
   2. (2) an original United States government-issued document indicating birth of a child born abroad to a United States citizen, including a Consular Report of Birth Abroad (form FS-240), Certification of Report of Birth (form DS-1350), or Certificate of Birth Abroad (form FS-545).
4. (d) An applicant's failure to provide sufficient documentation of eligibility may result in denial of the application pursuant to Subchapter I of these rules.

Source Note:The provisions of this §60.39 adopted to be effective May 1, 2026, 51 TexReg 2762.