There is no such thing as dual state residency, so you are clearly a NY resident. To make the case that you are a TX resident you will have to move there. This is where it gets tricky, because there is really no solid definition of what "moving" means. Typically one's state of residency is the place that you think of and act like is your home - for example where you vote, where you have your cars registered, where your drivers license is issued, where you have your banking, tax, and insurance correspondence sent, and typically where you spend the majority of your time. For people who own or rent multiple dwellings in different states it can be a bit fuzzy, but if you don't have a home in TX I don't see how you can claim to be a TX resident.
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