Texas Health and Safety Code 61.003 – Residence
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(a) For purposes of this chapter, a person is presumed to be a resident of the governmental entity in which the person’s home or fixed place of habitation to which the person intends to return after a temporary absence is located. However, if a person’s home or fixed place of habitation is located in a hospital district, the person is presumed to be a resident of that hospital district.
(b) If a person does not have a residence, the person is a resident of the governmental entity or hospital district in which the person intends to reside.
Terms Used In Texas Health and Safety Code 61.003
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) Intent to reside may be evidenced by any relevant information, including:
(1) mail addressed to the person or to the person’s spouse or children if the spouse or children live with the person;
(2) voting records;
(3) automobile registration;
(4) Texas driver’s license or other official identification;
(5) enrollment of children in a public or private school; or
(6) payment of property tax.
(d) A person is not considered a resident of a governmental entity or hospital district if the person attempted to establish residence solely to obtain health care assistance.
(e) The burden of proving intent to reside is on the person requesting assistance.
(f) For purposes of this chapter, a person who is an inmate or resident of a state supported living center, as defined by § 531.002, or institution operated by the Texas Department of Criminal Justice, Department of Aging and Disability Services, Department of State Health Services, Texas Juvenile Justice Department, Texas School for the Blind and Visually Impaired, Texas School for the Deaf, or any other state agency or who is an inmate, patient, or resident of a school or institution operated by a federal agency is not considered a resident of a hospital district or of any governmental entity except the state or federal government.
