reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter H. Education and Examination Requirements › Section 521.1655. Testing by Driver Education School and Certain Driver Education Course Providers

Sec. 521.1655.  TESTING BY DRIVER EDUCATION SCHOOL AND CERTAIN DRIVER EDUCATION COURSE PROVIDERS.  (a)  An in-person driver education provider or online driver education provider licensed under Chapter 1001, Education Code, may administer to a student of that provider the vision, highway sign, and traffic law parts of the examination required by Section 521.161.
(a-1)  A parent-taught driver education provider licensed under Chapter 1001, Education Code, may administer to a student of that course the highway sign and traffic law parts of the examination required by Section 521.161.
(b)  An examination administered under this section complies with the examination requirements of this subchapter as to the parts of the examination administered.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.77(a), eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 716 (H.B. 3483), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 716 (H.B. 3483), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 58, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.64, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter H. Education and Examination Requirements › Section 521.166. Motorcycle Road Test Requirements

Sec. 521.166.  MOTORCYCLE ROAD TEST REQUIREMENTS.  (a)  An applicant required to submit to a motorcycle road test must provide a passenger vehicle and a licensed driver to convey the license examiner during the road test.
(b)  The department may refuse to administer any part of the road test to an applicant who fails to comply with Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter H. Education and Examination Requirements › Section 521.167. Waiver of Certain Education and Examination Requirements

Sec. 521.167.  WAIVER OF CERTAIN EDUCATION AND EXAMINATION REQUIREMENTS.  A person who has completed and passed a driver education course approved by the Texas Department of Licensing and Regulation under Section 1001.1015, Education Code, is not required to take the highway sign and traffic law parts of the examination required under Section 521.161 if those parts have been successfully completed as determined by a licensed driver education instructor.
Added by Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 11, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 59, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter H. Education and Examination Requirements › Section 521.168. Payment of Fees for Certain Foster and Homeless Children and Youths

Sec. 521.168.  PAYMENT OF FEES FOR CERTAIN FOSTER AND HOMELESS CHILDREN AND YOUTHS.  (a)  Unless prohibited under Section 521.4265(c), the Texas Workforce Commission shall on request pay the fees associated with meeting a requirement imposed under this subchapter or Chapter 1001, Education Code, for a person who is:
(1)  eligible for a driver's license fee exemption under Section 521.1811; or
(2)  younger than 26 years of age and:
(A)  was in the managing conservatorship of the Department of Family and Protective Services on the day before the person's 18th birthday; or
(B)  is a homeless child or youth as defined by 42 U.S.C. Section 11434a.
(b)  The Texas Workforce Commission by rule shall establish a process by which:
(1)  a person described by Subsection (a) may apply to that commission for the payment of fees under this section; and
(2)  that commission pays fees associated with meeting a requirement imposed under this subchapter or Chapter 1001, Education Code, to appropriate entities on behalf of the person described by Subsection (a).
Added by Acts 2021, 87th Leg., R.S., Ch. 1051 (S.B. 2054), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter I. Issuance of Driver's License › Section 521.181. Issuance of Driver's License

Sec. 521.181.  ISSUANCE OF DRIVER'S LICENSE.  On payment of the required fee, the department shall issue to each qualifying applicant a driver's license of the class for which the applicant has applied.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter I. Issuance of Driver's License › Section 521.1811. Waiver of Fees for Foster Child or Youth, Homeless Child or Youth, or Victim or Child of Victim of Dating or Family Violence

Sec. 521.1811.  WAIVER OF FEES FOR FOSTER CHILD OR YOUTH, HOMELESS CHILD OR YOUTH, OR VICTIM OR CHILD OF VICTIM OF DATING OR FAMILY VIOLENCE.  A person is exempt from the payment of any fee for the issuance of a driver's license, as provided under this chapter, if that person is:
(1)  younger than 18 years of age and in the managing conservatorship of the Department of Family and Protective Services;
(2)  at least 18 years of age, but younger than 21 years of age, and resides in a foster care placement, the cost of which is paid by the Department of Family and Protective Services;
(3)  a homeless child or youth as defined by 42 U.S.C. Section 11434a;
(4)  a victim of dating violence as defined by Section 71.0021, Family Code;
(5)  a victim of family violence as defined by Section 51.002, Human Resources Code; or
(6)  a child of a victim described by Subdivision (4) or (5).
Added by Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 10, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1024 (H.B. 123), Sec. 4, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 374 (S.B. 798), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter I. Issuance of Driver's License › Section 521.1812. Waiver of Certain Fees for Certain Applicants Who Hold Cardiopulmonary Resuscitation Certification

Sec. 521.1812.  WAIVER OF CERTAIN FEES FOR CERTAIN APPLICANTS WHO HOLD CARDIOPULMONARY RESUSCITATION CERTIFICATION.  (a)  A person is exempt from the payment of any fee for the issuance of an original or renewal driver's license, as provided under this chapter, if at the time of the application for an original or renewal driver's license the person submits to the department satisfactory evidence that the person:
(1)  holds a current certification in cardiopulmonary resuscitation issued by the American Heart Association, the American Red Cross, or another nationally recognized association; and
(2)  is not required to hold the certification described by Subdivision (1) as a condition of obtaining or maintaining employment or an occupational license.
(b)  For purposes of Subsection (a)(2), "occupational license" means a license, certificate, registration, permit, or other form of authorization that a person must obtain to practice or engage in a particular business, occupation, or profession.
(c)  The department shall establish a record of the amount of the fees waived under this section that would otherwise be deposited to the credit of the Texas mobility fund.
(d)  On or before the fifth workday of each month, the department, using available funds, shall remit to the comptroller for deposit to the credit of the Texas mobility fund general revenue in an amount equal to the amount of the fees described by Subsection (c) in the preceding month.
Added by Acts 2019, 86th Leg., R.S., Ch. 1280 (H.B. 1078), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter I. Issuance of Driver's License › Section 521.182. Surrender of License Issued by Other Jurisdiction

Sec. 521.182.  SURRENDER OF LICENSE ISSUED BY OTHER JURISDICTION.  (a)  A person is not entitled to receive a driver's license until the person surrenders to the department each driver's license in the person's possession that was issued by this state or another state or Canadian province.
(b)  The department shall send to the state or province that issued the license:
(1)  the surrendered license or a notification that the license has been surrendered;  and
(2)  a statement that the person holds a driver's license issued by this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter I. Issuance of Driver's License › Section 521.183. Surrender of Driver's License or Personal Identification Certificate

Sec. 521.183.  SURRENDER OF DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE.  (a)  A person is not entitled to receive a driver's license until the person surrenders to the department each personal identification certificate in the person's possession that was issued by this state.
(b)  A person is not entitled to receive a personal identification certificate until the person surrenders to the department each driver's license in the person's possession that was issued by this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 1280 (S.B. 1934), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter J. Persons Ineligible for License › Section 521.201. License Ineligibility in General

Sec. 521.201.  LICENSE INELIGIBILITY IN GENERAL.  The department may not issue any license to a person who:
(1)  is under 15 years of age;
(2)  is under 18 years of age unless the person complies with the requirements imposed by Section 521.204;
(3)  is shown to be addicted to the use of alcohol, a controlled substance, or another drug that renders a person incapable of driving;
(4)  holds a driver's license issued by this state or another state or country that is revoked, canceled, or under suspension;
(5)  has been determined by a judgment of a court to be totally incapacitated or incapacitated to act as the operator of a motor vehicle unless the person has, by the date of the license application, been:
(A)  restored to capacity by judicial decree; or
(B)  released from a hospital for the mentally incapacitated on a certificate by the superintendent or administrator of the hospital that the person has regained capacity;
(6)  the department determines to be afflicted with a mental or physical disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle on a highway, except that a person may not be refused a license because of a physical defect if common experience shows that the defect does not incapacitate a person from safely operating a motor vehicle;
(7)  has been reported by a court under Section 521.3452 for failure to appear unless the court has filed an additional report on final disposition of the case; or
(8)  has been reported by a court for failure to appear or default in payment of a fine for a misdemeanor that is not covered under Subdivision (7) and that is punishable by a fine only, including a misdemeanor under a municipal ordinance, committed by a person who was under 17 years of age at the time of the alleged offense, unless the court has filed an additional report on final disposition of the case.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 560, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1080, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 283, Sec. 54, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 50, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter J. Persons Ineligible for License › Section 521.202. Ineligibility for License Based on Certain Convictions

Sec. 521.202.  INELIGIBILITY FOR LICENSE BASED ON CERTAIN CONVICTIONS.  (a)  Unless the period of suspension that would have applied if the person held a license at the time of the conviction has expired, the department may not issue a license to a person convicted of an offense:
(1)  described by Section 49.04, 49.07, or 49.08, Penal Code;  or
(2)  to which Section 521.342(a) applies.
(b)  Until the period specified in the juvenile court order has expired, the department may not issue a license to a person if the department has been ordered by a juvenile court under Section 54.042, Family Code, to deny the person a license.
(c)  A person does not have a privilege to operate a vehicle in this state during a period of suspension under Subsection (a) or (b) if the department is prohibited from issuing a license to that person.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter J. Persons Ineligible for License › Section 521.203. Restrictions on Class a and B Licenses

Sec. 521.203.  RESTRICTIONS ON CLASS A AND B LICENSES.  The department may not issue a Class A or Class B driver's license to a person who:
(1)  is under 17 years of age;
(2)  is under 18 years of age unless the person has completed a driver training course approved by the Texas Department of Licensing and Regulation; or
(3)  has not provided the department with an affidavit, on a form prescribed by the department, that states that no vehicle that the person will drive that requires a Class A or Class B license is a commercial motor vehicle as defined by Section 522.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 60, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter J. Persons Ineligible for License › Section 521.204. Restrictions on Minor

Sec. 521.204.  RESTRICTIONS ON MINOR.  (a)  The department may issue a Class C driver's license to an applicant under 18 years of age only if the applicant:
(1)  is 16 years of age or older;
(2)  has submitted to the department a driver education certificate issued under Section 1001.055, Education Code, that states that the person has completed and passed a driver education course approved by the Texas Department of Licensing and Regulation;
(3)  has obtained a high school diploma or its equivalent or is a student:
(A)  enrolled in a public school, home school, or private school who attended school for at least 80 days in the fall or spring semester preceding the date of the driver's license application; or
(B)  who has been enrolled for at least 45 days, and is enrolled as of the date of the application, in a program to prepare persons to pass the high school equivalency exam;
(4)  has submitted to the department written parental or guardian permission:
(A)  for the department to access the applicant's school enrollment records maintained by the Texas Education Agency; and
(B)  for a school administrator or law enforcement officer to notify the department in the event that the person has been absent from school for at least 20 consecutive instructional days; and
(5)  has passed the examination required by Section 521.161.
(b)  The department may not issue a Class A, B, or C driver's license other than a hardship license to an applicant under 18 years of age unless the applicant has held a learner license or hardship license for at least six months preceding the date of the application.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.78(a), eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1251, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.06, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 13, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1160 (H.B. 2466), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 61, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1059 (H.B. 3050), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter J. Persons Ineligible for License › Section 521.206. Collision Rate Statistics Publication

Sec. 521.206.  COLLISION RATE STATISTICS PUBLICATION.  (a)  The department shall collect data regarding collisions of students taught by public schools, driver education providers licensed under Chapter 1001, Education Code, and other entities that offer driver education courses to students for which a uniform certificate of course completion is issued.  The collision rate is computed by determining the number of an entity's students who complete a driver education course during a state fiscal year, dividing that number by the number of collisions that involved students who completed such a course and that occurred in the 12-month period following their licensure, and expressing the quotient as a percentage.
(b)  The department shall collect data regarding the collision rate of students taught by course instructors approved under Section 1001.112, Education Code.  The collision rate is computed by determining the number of students who completed a course taught under that section during a state fiscal year, dividing that number by the number of collisions that involved students who completed such a course and that occurred in the 12-month period following their licensure, and expressing the quotient as a percentage.
(c)  Not later than October 1 of each year, the department shall issue a publication listing the collision rate for students taught by each driver education entity and the collision rate for students taught by a course instructor approved under Section 1001.112, Education Code, noting the severity of collisions involving students of each entity and each type of course.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 12.08, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1253 (H.B. 339), Sec. 15, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 62, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.65, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter K. Restricted Licenses › Section 521.221. Imposition of Special Restrictions and Endorsements

Sec. 521.221.  IMPOSITION OF SPECIAL RESTRICTIONS AND ENDORSEMENTS.  (a)  For good cause the department may impose a restriction or require an endorsement suitable to the driver's license holder's driving ability.  The restriction or endorsement may relate to:
(1)  the type of motor vehicle that the holder may operate;
(2)  a special mechanical control device required on a motor vehicle that the holder may operate;
(3)  mechanical attachments, including glasses or an artificial limb, required on the person of the holder;
(4)  an area, location, road, or highway in this state on which the holder is permitted to drive a motor vehicle;
(5)  the time of day that the holder is permitted to operate a motor vehicle;  and
(6)  any other condition the department determines to be appropriate to ensure the safe operation of a motor vehicle by the holder.
(b)  The department may issue a special restricted license or state the applicable restriction on the regular license.
(c)  A person commits an offense if the person operates a motor vehicle in violation of a restriction imposed or without the endorsement required on the license issued to that person.  An offense under this subsection is a misdemeanor punishable under Section 521.461.
(d)  A court may dismiss a charge for a violation of this section if:
(1)  the restriction or endorsement was imposed:
(A)  because of a physical condition that was surgically or otherwise medically corrected before the date of the offense; or
(B)  in error and that fact is established by the defendant;
(2)  the department removes the restriction or endorsement before the defendant's first court appearance; and
(3)  the defendant pays a reimbursement fee not to exceed $10.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 7, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.69, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 17, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter K. Restricted Licenses › Section 521.223. Hardship License

Sec. 521.223.  HARDSHIP LICENSE.  (a)  The department may issue a license to a person who complies with the requirements of Subsection (b) if the department finds that:
(1)  the failure to issue the license will result in an unusual economic hardship for the family of the applicant;
(2)  the license is necessary because of the illness of a member of the applicant's family;  or
(3)  the license is necessary because the applicant is enrolled in a vocational education program and requires a driver's license to participate in the program.
(b)  An applicant for a license under Subsection (a) must be 15 years of age or older and must:
(1)  have passed a driver education course approved by the department, which may be a course approved under Chapter 1001, Education Code; and
(2)  pass the examination required by Section 521.161.
(c)  To be eligible to take the driver training course, the person must be at least 14 years of age.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1121, Sec. 3, eff. September 1, 2011.
(e)  A person who is refused a driver's license under this section may appeal to the county court of the county in which the person resides.  The court may try the matter on the request of the petitioner or respondent.
(f)  In the manner provided by Subchapter N, the department shall suspend a license issued under this section if the holder of the license is convicted of two or more moving violations committed within a 12-month period.
(g)  The department may issue a hardship license to a person who is subject to the registration requirements under Chapter 62, Code of Criminal Procedure, and is otherwise eligible for the license.  A hardship license issued under this section must include a photograph of the person.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.81(a), 30.82, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 546, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1121 (H.B. 90), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1121 (H.B. 90), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 64, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter K. Restricted Licenses › Section 521.224. Restricted Class M License

Sec. 521.224.  RESTRICTED CLASS M LICENSE.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 3.01(1), eff. September 1, 2019.
(b)  The department may issue a special restricted Class M license that authorizes the holder to operate only a motorcycle that has not more than a 250 cubic centimeter piston displacement.
(c)  A person is eligible for a restricted motorcycle license if the person:
(1)  is 15 years of age or older but under 18 years of age;
(2)  has completed and passed a motorcycle operator training course approved by the department; and
(3)  has met the requirements imposed under Section 521.145.
(d)  The department shall make the motorcycle operator training course available.
(e)  On the 16th birthday of a holder of a special restricted Class M license, the department shall remove the 250 cubic centimeter restriction from the license without completion by the holder of an additional motorcycle operator training course.
(f)  An applicant for the special restricted license must apply in accordance with Subchapter G. The applicant is subject to the requirements of Section 521.161 and to other provisions of this chapter in the same manner as an applicant for another license.  The department shall prescribe the form of the license.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 797, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 3.01(1), eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.241. Definitions

Sec. 521.241.  DEFINITIONS.  In this subchapter:
(1)  "Essential need" means a need of a person to operate a motor vehicle:
(A)  in the performance of an occupation or trade or for transportation to and from the place at which the person practices the person's occupation or trade;
(B)  in the pursuit of an occupation or trade;
(C)  for transportation to and from an educational facility in which the person is enrolled; or
(D)  in the performance of essential household duties.
(2)  "Ignition interlock device" means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator of the vehicle.
(3)  "Offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.242. Eligibility

Sec. 521.242.  ELIGIBILITY.  (a)  A person is eligible to apply for an occupational driver's license if:
(1)  the person's license has been suspended, revoked, or canceled for a cause other than:
(A)  a physical or mental disability or impairment; or
(B)  a determination by the department under Section 521.294 that the person is incapable of safely operating a motor vehicle;
(2)  the person does not hold a driver's license and is ineligible to obtain a driver's license because of a suspension order, including an order due to a conviction or an order under Chapter 524 or 724; or
(3)  the person is ineligible to obtain a driver's license because the person holds a driver's license issued by another state or country that was suspended, revoked, or canceled for a cause other than a physical or mental disability or impairment.
(b)  An occupational driver's license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.83(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1289, Sec. 1, 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 941, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 860 (H.B. 438), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2421. Petition

Sec. 521.2421.  PETITION.  (a)  Except as provided by Subsections (b) and (c), a person may apply for an occupational driver's license by filing a verified petition with the clerk of a justice, county, or district court with jurisdiction that includes the county in which:
(1)  the person resides; or
(2)  the incident occurred for which the license was suspended, revoked, or canceled.
(b)  If a person's license has been automatically suspended, revoked, or canceled due to a conviction of an offense as provided by Subchapter O or P, the person may apply for an occupational driver's license by filing a verified petition only with the clerk of the court in which the person was convicted.
(c)  If a person's license is suspended, revoked, or canceled due to a court order submitted to the department by a district, county, or justice court, the person may apply for an occupational driver's license by filing a verified petition with a court described by Subsection (a) or the court that issued the order.
(d)  A petition filed under this section must:
(1)  set forth in detail the petitioner's essential need, including a description of the hours and location of essential travel;
(2)  describe the reason for the petitioner's license suspension, revocation, or cancellation;
(3)  provide evidence of the petitioner's financial responsibility in accordance with Chapter 601; and
(4)  include a certified abstract of the petitioner's complete driving record.
(f)  If a court lacks jurisdiction over a petition filed under this section, the court shall dismiss the application.  The court may hold a hearing to determine if the court has jurisdiction over the petition.  If the petition is dismissed, the petitioner may submit a written request for the petition to be reinstated within 14 days of the dismissal, stating the reason the court has jurisdiction over the petition.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2422. Court Costs

Sec. 521.2422.  COURT COSTS.  (a)  A petitioner must pay the filing fee the court charges for filing a civil action or file a statement of inability to afford payment of court costs under the Texas Rules of Civil Procedure.  If a petition is dismissed under Section 521.2421(f), the court shall refund any filing fee paid by the petitioner under this subsection.
(b)  If a petitioner files a statement of inability to afford payment of court costs, the court may hold a hearing to determine the person's ability to afford the payment of the filing fee.  The hearing may be held at the time the statement of inability to afford payment of court costs is filed or at the time of the hearing to determine the petitioner's essential need.  If the court determines the petitioner is able to afford the payment of the filing fee, the court may not grant an occupational driver's license to the petitioner until the petitioner pays the fee.
Added by Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2423. Forms

Sec. 521.2423.  FORMS.  A court shall make the forms required for petitioning for an occupational driver's license and for the statement of inability to afford payment of court costs available at no cost.
Added by Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2424. Commercial Motor Vehicles

Sec. 521.2424.  COMMERCIAL MOTOR VEHICLES. A  court may not grant an occupational driver's license for the operation of a commercial motor vehicle to which Chapter 522 applies.  This section does not prevent a person who has been issued a commercial driver's license from obtaining an occupational driver's license for the operation of a noncommercial motor vehicle.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.243. Notice to State; Presentation of Evidence

Sec. 521.243.  NOTICE TO STATE;  PRESENTATION OF EVIDENCE.  (a)  Unless the petition is dismissed under Section 521.2421(f), the clerk of the court shall send by certified mail to the attorney representing the state a copy of the petition and notice of the hearing if the petitioner's license was suspended, revoked, or canceled following a conviction for:
(1)  an offense under Section 19.05 or Sections 49.04-49.08, Penal Code; or
(2)  an offense to which Section 521.342 applies.
(b)  The court may notify the attorney representing the state of any other hearing on a petition for an occupational driver's license.
(c)  A person who receives notice under Subsection (a) or (b) may attend the hearing and may present evidence at the hearing for or against granting the petition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 4, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.244. Determination of Essential Need; Hearing and Order

Sec. 521.244.  DETERMINATION OF ESSENTIAL NEED; HEARING AND ORDER.  (a)  The judge shall hold a hearing on the petition if the petitioner's license was suspended, revoked, or canceled following a conviction for:
(1)  an offense under Section 19.05 or Sections 49.04-49.08, Penal Code; or
(2)  an offense to which Section 521.342 applies.
(a-1)  If the petitioner's license was suspended, revoked, or canceled for a reason other than a reason described by Subsection (a), the judge may hold a hearing on the petition or may make a determination of essential need based on the petition.
(d)  Except as provided by Section 521.243(c), the hearing on the petition may be ex parte.  The hearing may be held using electronic or telephonic means.
(e)  Subject to Subsection (f), if the judge determines the person is eligible for an occupational driver's license and has an essential need, the judge shall enter an order granting the petition.  If the judge determines the person is ineligible for an occupational driver's license or does not have an essential need, the judge shall enter an order denying the petition.
(f)  The judge may enter an order denying the petition based on evidence presented at a hearing by the attorney representing the state.  The judge may also enter an order denying the petition if the petitioner:
(1)  is unable to present evidence of financial responsibility under Chapter 601;
(2)  has been convicted more than once in the 10 years preceding the date of the petition of an offense to which Sections 49.04-49.08, Penal Code, apply; or
(3)  is subject to a revocation order under Section 521.252 or 521.253.
(g)  An order granting or denying an application for an occupational driver's license may not be appealed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 5, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.245. Required Alcohol Dependence Counseling

Sec. 521.245.  REQUIRED ALCOHOL DEPENDENCE COUNSELING.  (a)  If the petitioner's license has been suspended under Chapter 524 or 724, or as the result of a conviction for an offense relating to the operating of a motor vehicle while intoxicated, the court shall require the petitioner to attend a program approved by the court that is designed to provide counseling and rehabilitation services to persons for alcohol dependence.  The court may waive the requirement on a showing of good cause.
(b)  The program required under Subsection (a) may not be the program provided by Section 521.344 or by Article 42A.403 or 42A.404, Code of Criminal Procedure.
(c)  The court may require the person to report periodically to the court to verify that the person is attending the required program.
(d)  On finding that the person is not attending the program as required, the court may:
(1)  revoke the order granting the occupational driver's license, as provided by Section 521.252; or
(2)  if the person is not currently restricted to the operation of a motor vehicle with an ignition interlock device installed, modify the order to include that restriction, as provided by Section 521.246.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.86, eff. January 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.246. Ignition Interlock Device Requirement

Sec. 521.246.  IGNITION INTERLOCK DEVICE REQUIREMENT.  (a)  Subject to Subsection (b-1), the judge shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device if:
(1)  the person is currently under an order restricting the person to the operation of a motor vehicle equipped with an ignition interlock device, including an order imposed as a condition of bond; or
(2)  the person's license has been suspended, revoked, or canceled after a conviction for an offense under Sections 49.04-49.08, Penal Code.
(b)  On a finding of good cause, the judge may restrict the person to the operation of a motor vehicle equipped with an ignition interlock device in a case not described by Subsection (a).
(b-1)  The court may waive the ignition interlock device requirement under Subsection (a) if the court finds the requirement is not necessary for the safety of the community and the waiver is in the best interest of justice.
(c)  The person shall obtain the ignition interlock device at the person's own expense unless the court finds that to do so is not in the best interest of justice and enters that finding in the record.  If the court determines that the person is unable to pay for the device, the court may impose a reasonable payment schedule for a term not to exceed twice the period of the court's order.
(d)  The court shall order the ignition interlock device to remain installed for the duration of the period of suspension, unless the court finds:
(1)  good cause for the removal of the device; and
(2)  the device is not necessary for the safety of the community.
(e)  A person to whom this section applies may operate a motor vehicle without the installation of an approved ignition interlock device if:
(1)  the person is required to operate a motor vehicle in the course and scope of the person's employment;
(2)  the vehicle is owned by the person's employer;
(3)  the employer is not owned or controlled by the person whose driving privilege is restricted;
(4)  the employer is notified of the driving privilege restriction; and
(5)  proof of that notification is with the vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.84(a), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1105, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2461. Testing for Alcohol or Controlled Substances

Sec. 521.2461.  TESTING FOR ALCOHOL OR CONTROLLED SUBSTANCES.  The court granting an occupational driver's license under this subchapter may require as a condition of the license that the person submit to periodic testing for alcohol or controlled substances, to be conducted by an entity specified by the court, if the person's license has been suspended, revoked, or canceled under Chapter 524 or 724 or as a result of the person's conviction for an offense relating to the operating of a motor vehicle while intoxicated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 426 (S.B. 953), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2462. Supervision of Person Issued Occupational Driver's License

Sec. 521.2462.  SUPERVISION OF PERSON ISSUED OCCUPATIONAL DRIVER'S LICENSE.  (a)  The court granting an occupational driver's license under this subchapter may order the person receiving the license to submit to supervision for the purpose of verifying the person's compliance with the conditions specified by the order granting the license, including conditions specified in accordance with Section 521.248.
(a-1)  The court may order the supervision of the person to be conducted by:
(1)  the local community supervision and corrections department; or
(2)  a personal bond office established under Article 17.42, Code of Criminal Procedure.
(a-2)  If the court orders the person's supervision to be conducted by the local community supervision and corrections department, the court shall order the person to pay a monthly administrative fee under Section 76.015, Government Code.
(a-3)  If the court orders the person's supervision to be conducted by a personal bond office, the office may collect from the person a reasonable administrative fee of not less than $25 and not more than $60 per month.
(b)  The court may order the supervision to continue until the end of the period of suspension, revocation, or cancellation of the person's driver's license, including any extensions of that period.
(c)  The court for good cause may modify or terminate supervision before the end of the period of license suspension, revocation, or cancellation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 426 (S.B. 953), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 212 (H.B. 156), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.2465. Restricted License

Sec. 521.2465.  RESTRICTED LICENSE.  (a)  On receipt of notice that a person has been restricted to the use of a motor vehicle equipped with an ignition interlock device, the department shall notify that person that the person's driver's license expires on the 30th day after the date of the notice.  On application by the person and payment of a fee of $10, the department shall issue a special restricted license that conspicuously indicates that the person is authorized to operate only a motor vehicle equipped with an ignition interlock device.
(a-1)  The notice provided to the person by the department under Subsection (a) may be provided by:
(1)  first class mail; or
(2)  e-mail if the person has provided an e-mail address to the department and has elected to receive notice electronically.
(b)  On receipt of a copy of a court order removing the restriction or at the end of the period of suspension, as applicable, the department shall issue the person a driver's license without the restriction.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.85(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1067 (H.B. 2246), Sec. 7, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle B - Driver's Licenses and Personal Identification Cards › Chapter 521 - Driver's Licenses and Certificates › Subchapter L. Occupational Driver's License › Section 521.247. Approval of Ignition Interlock Devices by Department

Sec. 521.247.  APPROVAL OF IGNITION INTERLOCK DEVICES BY DEPARTMENT.  (a)  The department shall adopt rules for the approval of ignition interlock devices used under this subchapter.
(b)  The department by rule shall establish general standards for the calibration and maintenance of the devices.  The manufacturer or an authorized representative of the manufacturer is responsible for calibrating and maintaining the device.
(c)  If the department approves a device, the department shall notify the manufacturer of that approval in writing.  Written notice from the department to a manufacturer is admissible in a civil or criminal proceeding in this state.  The manufacturer shall reimburse the department for any cost incurred by the department in approving the device.
(d)  The department is not liable in a civil or criminal proceeding that arises from the use of an approved device.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.84(b), eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 2, eff. September 1, 2023.