Sec. 61.003. RESIDENCE. (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.
(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 Section 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.091, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0175, eff. April 2, 2015.
Structure Texas Statutes
Subtitle C - Programs Providing Health Care Benefits and Services
Chapter 61 - Indigent Health Care and Treatment Act
Subchapter A. General Provisions
Section 61.004. Residence or Eligibility Dispute
Section 61.0045. Information Necessary to Determine Eligibility
Section 61.005. Contribution Toward Cost of Assistance
Section 61.006. Standards and Procedures
Section 61.007. Information Provided by Applicant
Section 61.008. Eligibility Rules
Section 61.009. Reporting Requirements
Section 61.010. Dedicated Tax Revenues