reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter H - ADVERTISING › Section 15.131 - Advertising in Texas Driver Handbook and Driver License Mailings

Current through Reg. 49, No. 28; July 12, 2024
The department may contract with a person or a small or
					 large business to provide advertising in any Texas Driver Handbook or mailing.
					 The ad price will be based on circulation at the time of ad purchase, ad
					 placement, and printing costs. The frequency of printing the handbooks or
					 mailings is driven by the department.
(1) All advertisements solicited by the
				  department must be in good taste and must be approved by the appropriate
				  department authority prior to use in the handbook or mailings.
(2) The following subjects or types of
				  advertising may not be included in the handbook or mailings:
(A) religious ads;
(B) controversial organizations;
(C) ballot measures;
(D) tobacco ads;
(E) ads contrary to agency goals;
(F) political ads;
(G) gambling ads;
(H) controversial issues;
(I) alcoholic beverage ads;
(J) personal or offensive issues;
				  and
(K) ads which mention the
				  department anywhere in the advertisement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.141 - Bulk Requests for Driver Record Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will release personal
				  information to qualified requestors only after a written agreement has been
				  signed by both parties.
(b) The
				  terms of the agreement must be strictly adhered to.
(c) Any violation of any clause or term of
				  the agreement will result in the termination of the agreement and the loss of
				  the requestor's ability to receive driver record information from the
				  department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.142 - Agreement to Monitor Certain Records and Purchase Driver Record Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees for the
				  driver record monitoring program are set by contract based on the volume of
				  records purchased during the contract period and are no less than $.06 per
				  record per month monitored and no more than $.20 per record per month
				  monitored.
(b) The department
				  approved Agreement Form will be used by all parties desiring to monitor certain
				  records and/or purchase driver record information. The agreement will contain:
(1) All names used by the requestor,
				  including names of all sub parties and companies making up the requestor's
				  entity.
(2) All web address
				  internet sites (Uniform Resource Locator - URL) used by the
				  requestor.
(3) Nature of the
				  entity's business practices.
(4)
				  Detailed explanation of the intended uses of the requested
				  information.
(5) Copies of
				  agreements used by the requestor to release driver record information to third
				  parties.
(6) Any additional
				  material provided to third party requestors detailing the process in which they
				  obtain driver record information and describing their limitations as to how
				  this information may be used.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.143 - Re-Disclosure to Third Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  recipient is responsible to ensure that any party to which they release the
				  driver record information complies with all federal and state laws on the
				  release of the information. This would include requiring each party to certify
				  that he/she will only release information to other third parties who meet a
				  permissible use and who will certify to release driver record information to
				  only other parties that meet this requirement.
(b) If it is determined by the department
				  that an improper disclosure of personal information has been made by any party
				  that directly or indirectly obtained the driver record information from the
				  recipient, the recipient's agreement with the department will be
				  canceled.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.144 - Records to be Maintained by Recipients

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  recipient must maintain records as to any resale or re-disclosure of driver
				  record information to another party.
(b) The records must be maintained for 5
				  years and must include:
(1) The name of any
				  person or entity to whom the re-disclosure was made;
(2) The permitted use for which the
				  information was released;
(3) Any
				  documents demonstrating an agreement limiting further re-disclosures;
(4) Contact information for the person or
				  entity the record was released to.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.145 - Department Review of Recipient's Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The department has the statutory
				  authority to request and review the recipient's records required in §
										15.144
				  of this title (relating to Records to be Maintained by Recipients).
(b) This request will be made in writing to
				  the recipient.
(c) The recipient
				  must provide the requested information within 30 days of the date of the
				  department's request.
(d) Failure
				  to fully respond to this request will result in the termination of the
				  agreement.
(e) Upon receipt of the
				  requested information the department will evaluate for compliance with the
				  agreement, rules and statutes.
(f)
				  Upon determination that a recipient is not in compliance, the agreement will be
				  terminated immediately and written notice mailed to the recipient.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.146 - Ineligibility to Receive Personal Information

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person or entity is determined by
				  the department to have violated a clause or term of the agreement and the
				  agreement has been terminated, that person or entity cannot enter into a
				  subsequent agreement with the department to obtain driver record
				  information.
(b) An entity is
				  defined, for purposes of this section, as a partnership, corporation, business,
				  professional association, joint stock company, nonprofit organization, and
				  governmental entity. Should any one person or portion of the entity become
				  ineligible to receive driver record information under Texas Transportation
				  Code, §
										730.016
				  then the entity is also ineligible to receive this information
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.147 - Interactive Access for Driver History Information

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the requirements listed in
				  this subchapter, requestors receiving driver history information via the
				  interactive system must provide the information required under §
										15.144
				  of this title in an electronic format.
(b) For release of information in this
				  manner, a maximum number of daily transactions will be stipulated in the
				  agreement. This maximum number will not be exceeded without prior approval from
				  the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.148 - Individual Requests for Driver Record Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Individual requests for driver record
				  information must be made on the department approved forms.
(b) The requestor must provide all required
				  information and certify to the statutory requirements granting
				  access.
(c) If it is determined by
				  the department that the requestor has violated this certification, the
				  requestor will be ineligible to receive driver record information.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter I - RELEASE OF DRIVER RECORD INFORMATION › Section 15.149 - Deleting Personal Information When Not An Authorized Recipient

Current through Reg. 49, No. 28; July 12, 2024
Any recipient of driver record information shall delete
					 from its records any personal information obtained from the department if the
					 requestor becomes aware that it is not an authorized recipient of that
					 information in accordance with Chapter 730 of the Texas Transportation
					 Code.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter K - INTERAGENCY AGREEMENTS › Section 15.171 - Identifying Document for Offenders/Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Public Safety
				  (DPS) adopts a memorandum of understanding with the Texas Department of
				  Criminal Justice (TDCJ) and Department of State Health Services (DSHS)
				  concerning the respective responsibilities of DPS, TDCJ and DSHS in
				  implementing the issuance of personal identification certificates to qualified
				  inmates preparing for release.
(1) The
				  memorandum of understanding is required by Texas Government Code, §
											501.0165.
(2) Copies of the memorandum of understanding
				  are filed with the TDCJ, 8610 Shoal Creek Boulevard, Austin, Texas 78758; DSHS,
				  1100 West 49th Street, Austin, Texas 78756; and with DPS, 5805 N. Lamar
				  Boulevard, Austin, Texas 78752 and may be reviewed during regular business
				  hours.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter K - INTERAGENCY AGREEMENTS › Section 15.172 - Issuance by Counties and Municipalities

Current through Reg. 49, No. 28; July 12, 2024
A county or municipality may enter into a Memorandum of
					 Understanding with the department for the program to issue certain renewal and
					 duplicate driver licenses, personal identification certificates, and election
					 identification certificates if it:
(1)
				  has employees who have successfully passed the department's background
				  check;
(2) has employees who have
				  successfully completed the department prescribed training set out in the
				  Memorandum of Understanding; and
(3) conforms to the operating requirements
				  and standards of the Memorandum of Understanding between the department and the
				  county or municipality.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter K - INTERAGENCY AGREEMENTS › Section 15.173 - Issuance to Civilly Committed Individuals/Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Public Safety
				  (DPS) adopts a memorandum of understanding with the Texas Civil Commitment
				  Office (TCCO) and Department of State Health Services (DSHS) concerning the
				  respective responsibilities of DPS, TCCO, and DSHS in implementing the issuance
				  of driver licenses and personal identification certificates to civilly
				  committed individuals.
(b) The
				  memorandum of understanding is required by Texas Health and Safety Code, §
										841.153(c).
(c) Copies of the memorandum of understanding
				  are filed with the TCCO, 4616 West Howard Lane, Building 2, Suite 350, Austin,
				  Texas 78752; DSHS, 1100 West 49th Street, Austin, Texas 78756; and with DPS,
				  5805 N. Lamar Blvd., Austin, Texas 78752 and may be reviewed during regular
				  business hours.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter K - INTERAGENCY AGREEMENTS › Section 15.174 - Interagency Application Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas agencies
				  may enter into a memorandum of understanding with the department based on
				  §
										15.171 of this title (relating to
				  Identifying Document for Offenders/Memorandum of Understanding) that allows the
				  issuance of driver licenses and personal identification certificates.
(b) Texas agencies that adopt and issue an
				  original, renewal, or duplicate personal identification (ID) certificates, are
				  required to provide the proper fee for each processed ID certificate
				  application.
(1) The fee for an original or
				  renewed ID card is $5; and
(2) The
				  fee for a duplicate ID card is the statutory fee of $10.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter L - ELECTION IDENTIFICATION CERTIFICATE › Section 15.181 - Eligibility for Election Identification Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  must be at least 17 years and 10 months of age in order to apply for an
				  election identification certificate.
(b) An applicant must affirm that the person
				  is obtaining the certificate for the purpose of satisfying Election Code,
				  §
										63.001(b)
				  and does not have another form of identification described by Election Code,
				  §
										63.0101.
(c) An applicant must:
(1) Be a registered voter in this state and
				  present a voter registration card issued to the individual; or
(2) Be eligible for voter registration under
				  Election Code, §
											13.001
				  and submit an application for voter registration.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter L - ELECTION IDENTIFICATION CERTIFICATE › Section 15.182 - Identification of Applicants

Current through Reg. 49, No. 28; July 12, 2024
An applicant for an election identification certificate
					 must provide documents satisfactory to the department. All documents must be
					 verifiable.
(1) An original applicant
				  for an election identification certificate must present:
(A) One piece of primary
				  identification;
(B) Two pieces of
				  secondary identification; or
(C)
				  One piece of secondary identification plus two pieces of supporting
				  identification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter L - ELECTION IDENTIFICATION CERTIFICATE › Section 15.183 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  for an election identification certificate must include:
(1) the applicant's full name:
(A) A married woman may use her maiden name
				  or she may adopt the surname of her husband or the surname of a previous
				  husband. No name will be used that has not been documented. Middle names will
				  not be substituted for first names. Three full names will be used, unless the
				  applicant does not have three names, including the maiden name. This section
				  applies to both sexes.
(i) When change of
				  name occurs because of marriage, divorce, annulment, or death of spouse, the
				  certificate holder may choose to keep her current married name, revert to her
				  maiden name, or adopt a previous husband's surname. Name changes for reasons
				  other than those set out above require a court order verifying such
				  change.
(ii) Certificate holders
				  who request a name change may apply for a duplicate and exercise the same
				  privilege in name selection as an original applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter L - ELECTION IDENTIFICATION CERTIFICATE › Section 15.184 - Expiration, Renewal, and Replacement of Election Identification Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Expiration.
(1) An Election Identification Certificate
				  expires on the first birthday of the cardholder occurring after the sixth
				  anniversary of the date of the application.
(2) An Election Identification Certificate
				  issued to a person 70 years of age or older does not expire.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 15 - DRIVER LICENSE RULES › Subchapter L - ELECTION IDENTIFICATION CERTIFICATE › Section 15.185 - Cancellation and Surrender

Current through Reg. 49, No. 28; July 12, 2024
The department may cancel and require surrender of an
					 election identification certificate upon confirmation that the certificate was
					 issued to a person not entitled thereto.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter A - LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS › Section 16.1 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Federal
				  Motor Carrier Safety Administration (FMCSA) is the lead federal agency
				  responsible for regulating states' commercial driver license (CDL) programs and
				  providing safety oversight of commercial driver licensing and commercial motor
				  vehicles (CMV). In accordance to the Federal Commercial Motor Vehicle Safety
				  Act, Texas is mandated to follow all federal regulations governing commercial
				  driver licensing. Failure to adhere to or deviating from these regulations can
				  result in the decertification of Texas' CDL program, thereby prohibiting Texas
				  from issuing commercial driver licenses to Texas residents and the withdrawal
				  of federal highway funding in accordance to
				  49 CFR §§
											384.401,
				  384.403 and
				  384.405.
(b) All rules and regulations adopted in this
				  chapter apply to every person, including employers of such persons, who holds a
				  Texas CDL or operates a commercial motor vehicle (CMV) in this state,
				  regardless if they are operating in interstate, foreign, or intrastate
				  commerce.
(1) The department incorporates by
				  reference and adopts:
(A) The Federal Motor
				  Carrier Safety Regulations, Title 49, Code of Federal Regulations (CFR) Part
				  383 including all interpretations thereto, as amended through February 3, 2022.
				  Where there is conflict between 49 CFR Part 383 and Texas Transportation Code,
				  Chapter
				  522, Texas
				  Transportation Code, Chapter 522 controls with the exception of the definition
				  of CMV.
(B)
												49 CFR §
													390.5 --Definitions.
(C)
												49 CFR §
													383.3(i) --related to
				  hazardous materials endorsement exemption for certain drivers transporting
				  diesel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter A - LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS › Section 16.2 - Chapter Definitions

Current through Reg. 49, No. 28; July 12, 2024
The terms in this section have the following meanings when
					 used in this chapter unless the context clearly indicates otherwise.
(1) Act--Texas Transportation Code, Chapter
				  522.
(2) Disqualifying offense--Has
				  the meaning assigned by Texas Transportation Code, §
										522.081.
(3) Knowledge exam--Written, computerized, or
				  automated exam.
(4) Out-of-service
				  order--Has the meaning assigned by
				  49
				  CFR §
											383.5 or Texas Transportation
				  Code, §
										522.003(23).
(5) Recreational vehicle--A vehicular type
				  unit primarily designed as temporary living quarters for recreational camping
				  or travel use that either has its own mode of power or is mounted on or towed
				  by another vehicle and is driven for personal use.
(6) Serious traffic conviction--Has the
				  meaning assigned by Texas Transportation Code, §
										522.003.
(7) Serious traffic violation--Has the
				  meaning assigned by Texas Transportation Code, §
										522.003(25)
				  and §
										16.62
				  of this title (relating to Serious Traffic Violations and Habitual
				  Violators).
(8) Skills exam--Driver
				  or road exam.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter A - LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS › Section 16.3 - Persons Exempted

Current through Reg. 49, No. 28; July 12, 2024
Persons exempted from commercial driver license (CDL)
					 requirements are:
(1) A person
				  operating a vehicle that is controlled and operated by a farmer which is used
				  to transport agricultural products, farm machinery, or farm supplies to or from
				  a farm and which is not used in the operations of a common or contract carrier
				  and used within 150 miles of the person's farm.
(A) Under this exemption, a rancher is
				  considered a farmer.
(B) A farmer
				  and his farmhands are equally exempt when the farmhands are in the employ of
				  the farmer.
(C) One who purchases a
				  crop in a field and only harvests and transports the produce, but takes no part
				  in the planting and cultivating of the product, is not considered a
				  farmer.
(D) One who purchases acres
				  of growing timber and cultivates and harvests it over a period of months or
				  years is considered a farmer.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter A - LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS › Section 16.4 - Manufactured Housing

Current through Reg. 49, No. 28; July 12, 2024
Drivers who transport manufactured housing on highways must
					 have the proper commercial driver license (CDL) if the vehicle meets the weight
					 criteria for a commercial motor vehicle (CMV) as defined in
					 49
					 CFR §
											390.5. In determining whether the
					 towed unit exceeds 10,000 pounds and whether the gross combination weight
					 rating (GCWR) totals 26,001 or more pounds, the manufactured housing being
					 drawn and trailers carrying the manufactured housing are motor vehicles for
					 purposes of the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter A - LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS › Section 16.5 - Qualifications to Drive in Intrastate Commerce

Current through Reg. 49, No. 28; July 12, 2024
A person applying for a commercial driver license (CDL)
					 that authorizes operation of a commercial motor vehicle (CMV) in intrastate
					 commerce must meet the same requirements as those for interstate driving
					 (49 CFR §
											391.41), except for:
(1) The applicant must be at least 18 years
				  of age.
(2) The applicant must have
				  held a driver license for a minimum of 3 years.
(3) The applicant must meet the minimum
				  alternative vision standards of 49 CFR § 391.44 .
(4) An applicant may present the department's
				  limb waiver certificate instead of meeting the physical requirements of
				  49 CFR §
											391.41. Limb waivers may only be renewed
				  through the Texas Department of Public Safety, Driver License Division Issuance
				  Services, P.O. Box 4087, Austin, Texas 78773-0310.
(5) A driver who operates a motor vehicle in
				  intrastate commerce only, and does not transport property requiring a hazardous
				  material placard, and was regularly employed operating a CMV in Texas prior to
				  August 28, 1989, is not required to meet the federal physical and vision
				  standards.
(6) A driver who
				  operates a CMV in intrastate commerce only may obtain a limb waiver from the
				  department provided the qualifications detailed in this section are met:
(A) Medical certificate required under
				  49 CFR
				  §
												391.43; and
(B) Pass a comprehensive driving examination
				  in the appropriate class vehicle (equipped with all necessary vehicle
				  modifications) for the CDL that the applicant is applying.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter A - LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS › Section 16.6 - Farm-Related Service Industry Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department must waive the commercial driver license (CDL) knowledge and skill
				  exams required by Texas Transportation Code, §
										522.022, and
				  provide for the issuance of a restricted CDL to an employee of a farm-related
				  service industry (FRSI) in accordance to 49 CFR 383. The department is subject
				  to any condition or requirement established for the waiver by the Federal
				  Highway Administration. In addition to any restriction or limitation imposed by
				  this section, a restricted CDL issued under this regulation is subject to any
				  restriction or limitation imposed by the secretary of the highway
				  administration.
(b) Fees for an
				  FRSI CDL are the same as for a regular CDL and will be calculated the same way.
				  A $10 duplicate fee must be charged each time an applicant revalidates the
				  waiver period.
(c) The FRSI CDL
				  must have a P restriction. The validity period must be continuous, for a
				  minimum period of 30 days, and cannot exceed 180 days in any 12 month period.
				  The FRSI CDL cannot be renewed more than 30 days prior to the expiration date
				  of the existing FRSI CDL issuance period and cannot exceed the expiration date
				  of the CDL.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.21 - Application for Texas Commercial Driver License (CDL)

Current through Reg. 49, No. 28; July 12, 2024
(a) An application must be completed by all
				  original applicants for a CDL.
(b)
				  Original applicants for:
(1) a Texas CDL must
				  present proof of identity as required by §
											15.24
				  of this title (relating to Identification of Applicants).
(2) a Non-Domiciled Texas CDL must present
				  proof of identity as required by Texas Transportation Code, §
											522.021(a-1).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.23 - Medical Certificate Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Commercial driver license (CDL) holders and original CDL applicants must
				  self-certify to one of the categories detailed in this subsection:
(1) Non-excepted interstate. A person who
				  operates or expects to operate in interstate commerce, is both subject to and
				  meets the qualification requirements under 49 CFR Part 391, and is required to
				  obtain a medical examiner's certificate by
				  49 CFR §
												391.45.
(2) Excepted interstate. A person who
				  operates or expects to operate in interstate commerce, but engages exclusively
				  in transportation or operations excepted under
				  49 CFR §§
												390.3(f), 391.2, 391.68, or
				  398.3 from all or parts of the qualification requirements of 49 CFR § 391,
				  and is therefore not required to obtain a medical examiner's certificate by
				  49 CFR §
												391.45.
(3) Non-excepted intrastate. A person who
				  operates only in intrastate commerce, and is both subject to and meets the
				  State of Texas driver qualification requirements under §
											4.11
				  of this title (relating to General Applicability and Definitions) and is
				  required to obtain a medical examiner's certificate.
(4) Excepted intrastate. A person who
				  operates in intrastate commerce, but engages exclusively in transportation or
				  operations excepted as provided by §
											4.12 of
				  this title (relating to Exemptions and Exceptions) and is therefore not
				  required to obtain a medical examiner's certificate.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.25 - Cancellation of Commercial Driver License (CDL)

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will cancel a commercial
				  driver license (CDL) upon confirmation of:
(1) A nonpayment of fee;
(2) The applicant is suspended in another
				  state;
(3) An original CDL obtained
				  through fraudulent means;
(4) An
				  obtained CDL without satisfying all qualification requirements;
(5) A mental incapacity;
(6) A false statement convictions in which
				  the statement was made to the department; or
(7) A license issued to person not entitled
				  thereto.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.26 - Written Exams Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An original
				  applicant for a Texas commercial driver license (CDL) must take the signs,
				  rules, and the appropriate Class A or Class B exams as well as any required and
				  necessary CDL exams. A holder of a valid CDL from another state need not take
				  the CDL exams if the out-of-state license indicates those exams were
				  administered in that other state.
(b) Current Texas license holders will be
				  required to take only required and necessary CDL exams, unless advancing in
				  grade, in which case the appropriate Class A or Class B exams will be
				  required.
(c) All CDL applicants
				  must take and pass the CDL general knowledge exam, except those persons who
				  currently hold a CDL from another state.
(d) Class A CDL applicants must take and pass
				  the combination vehicle exam even though there will be no endorsement for
				  combination vehicles. Those persons currently holding a CDL issued by another
				  state will not be required to take this exam unless they wish to advance in
				  grade.
(e) Applicants holding a
				  valid CDL with a hazardous materials endorsement issued by this state or
				  another state must take and pass the hazardous materials knowledge examination
				  and pass a background check conducted by the appropriate federal agency at the
				  time of issuance or renewal. The department must receive notification of no
				  security threat from the appropriate federal agency conducting the background
				  check within 90-days from the CDL issuance date to maintain this
				  endorsement.
(f) Persons who do not
				  take and pass the air brake exam will be restricted to driving vehicles without
				  air brakes. Applicants holding an out-of-state CDL will be exempt from this
				  exam unless that license indicates they are restricted to driving vehicles not
				  equipped with air brakes.
(g) The
				  department shall waive the CDL knowledge exams required by Texas Transportation
				  Code, §
										522.022 for
				  applicants who meet the conditions and limitations provided by
				  49
				  CFR 383.77. The Application for Military
				  Knowledge and Skills Test Waiver must be completed by the applicant and signed
				  by the appropriate authorized military representative. The signatures on the
				  certification must be original signatures.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.27 - Passing Rates for Written Exams

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Signs, rules, Class A and Class B, and motorcycle exams will require correct
				  answers of 70% or more of the questions for the applicant to pass.
(b) Commercial driver license (CDL)
				  examinations will require correct answers on 80% or more of the questions for
				  the applicant to pass.
(c) All
				  required exams outlined in § 16.26 of this title (relating to Written
				  Exams Required) must be passed in order to obtain a CDL and the appropriate
				  endorsements.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.28 - Skills Exam Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  will be required to take the skills exam if:
(1) applying as a original applicant for a
				  driver license; or
(2) the
				  applicant is unable to present a certification substituting experience for the
				  commercial driver license (CDL) skills exam.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.29 - Waivers from Skills Exam

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall waive the commercial driver license (CDL) skills exams
				  required by Texas Transportation Code, §
										522.022 for
				  applicants who meet the conditions and limitations provided by
				  49
				  CFR 383.77. The Application for Military
				  Knowledge and/or Skills Test Waiver must be completed by the applicant and
				  signed by the appropriate authorized military representative. The signatures on
				  the certification must be original signatures.
(b) Applicants who hold a valid CDL from
				  another U.S. state will not be required to take any knowledge or skills exams
				  when making an application for an original Texas CDL of the same class and with
				  the same restrictions or endorsements excluding the hazardous materials
				  endorsement.
(c) Any waiver to
				  substitute experience for the CDL skills exam may only be claimed one time. Any
				  later transaction including advance in grade, removal of restrictions, or
				  addition of an endorsement will necessitate a skills exam if required by law or
				  regulation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.30 - Check of Applicant

Current through Reg. 49, No. 28; July 12, 2024
Upon acceptance of the sworn application and documents, the
					 department will conduct a Commercial Driver License Information System/National
					 Driver Register/Problem Driver Pointer System (CDLIS/NDR/PDPS) inquiry on the
					 commercial driver license (CDL) applicant. No license will be issued if a match
					 indicates possible multiple licenses. If necessary, independent inquiries to
					 other states will be made to confirm the identity of the match and to verify
					 the existence of suspension, revocation, denial, and cancellation actions taken
					 by other states. No license will be issued until it is confirmed that the match
					 is another person or the cause for the action has been
					 resolved.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter B - APPLICATION REQUIREMENTS AND EXAMINATIONS › Section 16.31 - Third-Party Skills and Knowledge Testing Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context shall clearly indicate otherwise:
(1) Authorized organization--An entity that
				  has entered into a Memorandum of Understanding with the department to
				  administer the knowledge test, skills test, or both for a commercial driver
				  license on the department's behalf. This is equivalent to a third party tester
				  in accordance with
				  49
				  CFR 383.5.
(2) Examiner--An individual certified by the
				  department to conduct a knowledge test, skills test, or both. This is
				  equivalent to a third party examiner in accordance with
				  49
				  CFR 383.5.
(3) Knowledge test--Includes any written test
				  required for a commercial driver license, including the addition or removal of
				  an endorsement or restriction, excluding the Hazmat test.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.61 - Driving a Commercial Motor Vehicle (CMV) without a Commercial Driver License (CDL)

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may be
				  disqualified from driving a commercial motor vehicle (CMV) even if:
(1) that person does not hold a commercial
				  driver license (CDL); or
(2) that
				  person is domiciled in another state or in a foreign jurisdiction.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.62 - Serious Traffic Violations and Habitual Violators

Current through Reg. 49, No. 28; July 12, 2024
The Commercial Driver's License Act, Texas Transportation
					 Code, Chapter 522, defines certain motor vehicle offenses as "serious traffic
					 violations" for the purpose of administering the Act. An improper or erratic
					 traffic lane change is one of the definitions of a "serious traffic violation"
					 as set out in the Act. Since an improper or erratic lane change is not an
					 offense title in Texas, the department has designated the specific sections of
					 the Texas Transportation Code, Chapter 545, as improper or erratic traffic lane
					 changes for disqualification purposes pursuant to Texas Transportation Code,
					 §
										522.081. This
					 interpretation is also meant to apply to the defensive driving section of the
					 Texas Transportation Code, §§
										543.111
					 -
					 543.114.
					 A conviction of either of these offenses will be considered by the department
					 as a "serious traffic violation":
(1)
				  Texas Transportation Code, §
										545.060
				  - "Changed Lane when Unsafe."
(2)
				  Texas Transportation Code, §
										545.061
				  - "Failure to Yield Right-of-Way-Changing Lanes."
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.63 - Notice and Hearing Procedures for Commercial Driver License Disqualifications

Current through Reg. 49, No. 28; July 12, 2024
Administrative hearings for non-resident commercial driver
					 licensees will be scheduled in the county where the non-resident last made
					 application for a Texas driver license, unless the licensee requests an
					 alternative Texas county. The request must be in writing and part of the
					 licensee's original request for the administrative hearing.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.64 - Application of Motor Vehicle Safety Responsibility Act

Current through Reg. 49, No. 28; July 12, 2024
A person disqualified from driving a commercial motor
					 vehicle will not be subject to suspension of the person's noncommercial driver
					 license or suspension of motor vehicle registrations in the name of such person
					 under the Motor Vehicle Safety Responsibility Act, Texas Transportation Code,
					 Chapter 601, on the basis of the disqualification alone.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.66 - Special Penalties Pertaining to Violation of Out-of-Service Orders and Railroad Grade Crossing Violations for Drivers and Employers

Current through Reg. 49, No. 28; July 12, 2024
(a) General rule. Any person who violates
				  Texas Transportation Code, §
										522.071(a)(5),
				  §522.072 or the rules set forth in Subparts B and C of 49 CFR Part 383,
				  may be subject to civil or criminal penalties as provided for in this section
				  or in 49 USC Part 521(b).
(b)
				  Driver violations. A driver who is convicted of violating an out-of-service
				  order must be subject to a civil or administrative penalty of not less than
				  $2,500 for a first conviction, and not less than $5,000 for a second
				  conviction, in addition to a disqualification action.
(c) Employer violations. An employer who is
				  convicted of a violation of
				  49 CFR §
											383.37(c) or Texas
				  Transportation Code, §
										522.072(a)(3)
				  must be subject to a maximum civil or administrative penalty of not less than
				  $2,750 and not more than $25,000. An employer who is convicted of a violation
				  of
				  49 CFR §
											383.37(d) or Texas
				  Transportation Code, §
										522.072(b)
				  must be subject to a civil or administrative penalty of not more than
				  $10,000.
(d) Penalties. Civil
				  penalties for violations of the regulations adopted herein may be assessed by a
				  court of competent jurisdiction or assessed as an administrative penalty under
				  the provisions of Texas Transportation Code, Chapter 644.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.67 - Occupational/Essential Need License Prohibition

Current through Reg. 49, No. 28; July 12, 2024
If a person's driver license or driving privilege is
					 suspended, revoked, cancelled, or denied under any law in this state the
					 person's commercial driver license will be disqualified pursuant to Texas
					 Transportation Code, §
										522.089.
					 A person whose license or driving privilege is disqualified may not be granted
					 an occupational or essential need license to operate a commercial motor vehicle
					 (CMV).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.68 - Eligibility For Reinstatement After Lifetime Disqualification

Current through Reg. 49, No. 28; July 12, 2024
(a) A person disqualified from driving a
				  commercial motor vehicle for life under Texas Transportation Code, §
										522.081(d)
				  may apply to the department for reinstatement if:
(1) the person meets all requirements under
				  state and federal law to hold a commercial driver license (CDL);
(2) the person completes the required
				  state-approved education program identified on the application for
				  reinstatement; and
(3) at least ten
				  (10) years have passed from the effective date of the lifetime
				  disqualification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 17 - ADMINISTRATIVE LICENSE REVOCATION › Subchapter A - ADMINISTRATIVE LICENSE REVOCATION › Section 17.1 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The procedures for notice, hearing, and appeal, as well as
					 the procedures for service of the requests, notifications, copies, certified
					 copies, or tangible/documentary evidence, as the case may be, which are
					 contained in this title apply to suspensions, disqualifications, and denials
					 arising under the provisions of Administrative License Revocation (ALR),
					 including Texas Transportation Code, Chapters 522, 524, and
					 724.