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CHAPTER 523. DRIVER'S LICENSE COMPACT OF 1993

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TRANSPORTATION CODETITLE 7. VEHICLES AND TRAFFICSUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDSCHAPTER 523. DRIVER'S LICENSE COMPACT OF 1993Sec. 523.001.ENACTMENT.The Driver's License Compact of 1993is enacted and entered into.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.002.FINDINGS AND DECLARATION OF POLICY.(a)Thestates find that:(1)the safety of their streets and highways is materiallyaffected by the degree of compliance with state laws and localordinances relating to the operation of motor vehicles;(2)violation of such a law or ordinance is evidence that theviolator engages in conduct which is likely to endanger thesafety of persons and property; and(3)the continuance in force of a license to drive is predicatedon compliance with laws and ordinances relating to the operationof motor vehicles in whichever jurisdiction the vehicle isoperated.(b)It is the policy of each of the states to:(1)promote compliance with the laws, ordinances, andadministrative rules and regulations relating to the operation ofmotor vehicles by their operators in each of the jurisdictionswhere the operators drive motor vehicles; and(2)make the reciprocal recognition of licenses to drive andeligibility therefor more just and equitable by considering theoverall compliance with motor vehicle laws, ordinances, andadministrative rules and regulations as a condition precedent tothe continuance or issuance of any license by reason of which thelicensee is authorized or permitted to operate a motor vehicle inany of the states.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.003.DEFINITIONS.In this compact:(1)"Conviction" has the same meaning as provided in Section522.003.(2)"Executive director" means the director of the Department ofPublic Safety or the equivalent officer of another state.(3)"Home state" means the state which has issued a license orpermit and has the power to suspend or revoke use of the licenseor permit to operate a motor vehicle.(4)"License" means a license or permit to operate a motorvehicle issued by a state.(5)"Licensing authority" means the Department of Public Safetyor the equivalent agency of another state.(6)"State" means a state, territory, or possession of theUnited States, the District of Columbia, or the commonwealth ofPuerto Rico.(7)"Violation" means the commission of an offense related tothe use or operation of a motor vehicle, even if there has beenno conviction. A suspension by reason of a violation includes asuspension for failure to appear in court or comply with a courtorder or suspension for violating an implied consent law.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.004.REPORTS OF CONVICTIONS.The licensing authorityof a state shall report each conviction of a person from anotherstate occurring within its jurisdiction to the licensingauthority of the home state of the licensee. Such report shallclearly identify the person convicted; describe the violationspecifying the section of the statute, code, or ordinanceviolated; identify the court in which action was taken; indicatewhether a plea of guilty or not guilty was entered or theconviction was a result of the forfeiture of bail, bond, or othersecurity; and include any special findings made in connectionwith the conviction. A conviction or judicial or administrativeaction of a federal or military court or tribunal may be reportedto this state subject to this chapter.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by Acts 1999, 76th Leg., ch. 1257, Sec. 1, eff. Sept. 1,1999.Sec. 523.005.EFFECT OF CONVICTION.(a)The licensingauthority in the home state, for the purpose of suspension,revocation, cancellation, denial, disqualification, or limitationof the privilege to operate a motor vehicle, shall give the sameeffect to the conduct reported pursuant to Section 523.004 as itwould if such conduct had occurred in the home state in the caseof conviction for:(1)manslaughter or negligent homicide resulting from theoperation of a motor vehicle;(2)driving a motor vehicle while under the influence ofalcoholic beverages or a narcotic to a degree which renders thedriver incapable of safely driving a motor vehicle;(3)any felony in the commission of which a motor vehicle isused; or(4)failure to stop and render aid or information in the eventof a motor vehicle accident resulting in the death or personalinjury of another.(b)As to other convictions reported pursuant to this compact,the licensing authority in the home state shall give such effectto the conduct as is provided by the laws of the home state.(c)If the laws of a state do not provide for offenses orviolations denominated or described in precisely the wordsemployed in Subsection (a), those offenses or violations of asubstantially similar nature and the laws of that state shall beunderstood to contain such provisions as may be necessary toensure that full force and effect is given to this compact.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.006.APPLICATIONS FOR NEW LICENSES.On receiving anapplication for a license to drive, the licensing authority in astate shall ascertain whether the applicant has ever held or isthe holder of a license to drive issued by any other state. Thelicensing authority in the state where application is made shallnot issue a license to the applicant if the applicant:(1)has held a license but the license has been suspended byreason, in whole or in part, of a violation and the suspensionperiod has not terminated;(2)has held a license but the license has been revoked byreason, in whole or in part, of a violation and the revocationhas not terminated, except that after the expiration of one yearfrom the date the license was revoked the person may apply for anew license if permitted by law; the licensing authority mayrefuse to issue a license to any such applicant if, afterinvestigation, the licensing authority determines that it willnot be safe to grant the person the privilege of driving a motorvehicle on the public highways; or(3)is the holder of a license issued by another state currentlyin force unless the applicant surrenders such license or providesan affidavit prescribed by the licensing authority that suchlicense is no longer in the person's possession.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.007.APPLICABILITY OF OTHER LAWS.Except as expresslyrequired by provisions of this compact, nothing contained hereinshall be construed to affect the right of any state to apply anyof its other laws relating to licenses to drive to any person orcircumstance nor to invalidate or prevent any driver's licenseagreement or other cooperative arrangement between a member stateand a nonmember state.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.008.COMPACT ADMINISTRATOR AND INTERCHANGE OFINFORMATION AND COMPENSATION OF EXPENSES.(a)The compactadministrator shall be appointed by the executive director of thelicensing authority. A compact administrator may provide for thedischarge of his duties and the performance of his position by analternate. The administrators, acting jointly, shall have thepower to formulate all necessary and proper procedures for theexchange of information under this compact.(b)The administrator of each state shall furnish to theadministrator of each other state any information or documentsreasonably necessary to facilitate the administration of thiscompact.(c)The compact administrator provided for in this compact shallnot be entitled to any additional compensation on account of hisservice as such administrator but shall be entitled to expensesincurred in connection with his duties and responsibilities assuch administrator in the same manner as for expenses incurred inconnection with any other duties or responsibilities of hisoffice or employment.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.009.EFFECTIVE DATE; WITHDRAWAL FROM COMPACT.(a)This compact shall enter into force and become effective as toany state when it has enacted the compact into law.(b)Any member state may withdraw from this compact by enactinga statute repealing the compact, but no such withdrawal shalltake effect until six months after the executive director of thewithdrawing state has given notice of the withdrawal to theexecutive directors of all other member states. No withdrawalshall affect the validity or applicability by the licensingauthorities of states remaining party to the compact of anyreport of conviction occurring prior to the withdrawal.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.010.RULEMAKING AUTHORITY.The licensing authority mayadopt any rules and regulations deemed necessary by the executivedirector to administer and enforce the provisions of thiscompact.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Sec. 523.011.CONSTRUCTION AND SEVERABILITY.This compact shallbe liberally construed so as to effectuate the purposes thereof.The provisions of this compact shall be severable; if any phrase,clause, sentence, or provision of this compact is declared to becontrary to the constitution of any state or of the United Statesor the applicability thereof to any government, agency, person,or circumstance is held invalid, the validity of the remainder ofthis compact and the applicability thereof to any government,agency, person, or circumstance shall not be affected thereby. Ifthis compact is held contrary to the constitution of any stateparty thereto, the compact shall remain in full force and effectin the remaining states and in full force and effect in the stateaffected with regard to all severable matters.Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
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  • TRANSPORTATION CODE

    TITLE 7. VEHICLES AND TRAFFIC

    SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS

    CHAPTER 523. DRIVER'S LICENSE COMPACT OF 1993

    Sec. 523.001. ENACTMENT. The Driver's License Compact of 1993

    is enacted and entered into.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.002. FINDINGS AND DECLARATION OF POLICY. (a) The

    states find that:

    (1) the safety of their streets and highways is materially

    affected by the degree of compliance with state laws and local

    ordinances relating to the operation of motor vehicles;

    (2) violation of such a law or ordinance is evidence that the

    violator engages in conduct which is likely to endanger the

    safety of persons and property; and

    (3) the continuance in force of a license to drive is predicated

    on compliance with laws and ordinances relating to the operation

    of motor vehicles in whichever jurisdiction the vehicle is

    operated.

    (b) It is the policy of each of the states to:

    (1) promote compliance with the laws, ordinances, and

    administrative rules and regulations relating to the operation of

    motor vehicles by their operators in each of the jurisdictions

    where the operators drive motor vehicles; and

    (2) make the reciprocal recognition of licenses to drive and

    eligibility therefor more just and equitable by considering the

    overall compliance with motor vehicle laws, ordinances, and

    administrative rules and regulations as a condition precedent to

    the continuance or issuance of any license by reason of which the

    licensee is authorized or permitted to operate a motor vehicle in

    any of the states.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.003. DEFINITIONS. In this compact:

    (1) "Conviction" has the same meaning as provided in Section

    522.003.

    (2) "Executive director" means the director of the Department of

    Public Safety or the equivalent officer of another state.

    (3) "Home state" means the state which has issued a license or

    permit and has the power to suspend or revoke use of the license

    or permit to operate a motor vehicle.

    (4) "License" means a license or permit to operate a motor

    vehicle issued by a state.

    (5) "Licensing authority" means the Department of Public Safety

    or the equivalent agency of another state.

    (6) "State" means a state, territory, or possession of the

    United States, the District of Columbia, or the commonwealth of

    Puerto Rico.

    (7) "Violation" means the commission of an offense related to

    the use or operation of a motor vehicle, even if there has been

    no conviction. A suspension by reason of a violation includes a

    suspension for failure to appear in court or comply with a court

    order or suspension for violating an implied consent law.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.004. REPORTS OF CONVICTIONS. The licensing authority

    of a state shall report each conviction of a person from another

    state occurring within its jurisdiction to the licensing

    authority of the home state of the licensee. Such report shall

    clearly identify the person convicted; describe the violation

    specifying the section of the statute, code, or ordinance

    violated; identify the court in which action was taken; indicate

    whether a plea of guilty or not guilty was entered or the

    conviction was a result of the forfeiture of bail, bond, or other

    security; and include any special findings made in connection

    with the conviction. A conviction or judicial or administrative

    action of a federal or military court or tribunal may be reported

    to this state subject to this chapter.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Amended by Acts 1999, 76th Leg., ch. 1257, Sec. 1, eff. Sept. 1,

    1999.

    Sec. 523.005. EFFECT OF CONVICTION. (a) The licensing

    authority in the home state, for the purpose of suspension,

    revocation, cancellation, denial, disqualification, or limitation

    of the privilege to operate a motor vehicle, shall give the same

    effect to the conduct reported pursuant to Section 523.004 as it

    would if such conduct had occurred in the home state in the case

    of conviction for:

    (1) manslaughter or negligent homicide resulting from the

    operation of a motor vehicle;

    (2) driving a motor vehicle while under the influence of

    alcoholic beverages or a narcotic to a degree which renders the

    driver incapable of safely driving a motor vehicle;

    (3) any felony in the commission of which a motor vehicle is

    used; or

    (4) failure to stop and render aid or information in the event

    of a motor vehicle accident resulting in the death or personal

    injury of another.

    (b) As to other convictions reported pursuant to this compact,

    the licensing authority in the home state shall give such effect

    to the conduct as is provided by the laws of the home state.

    (c) If the laws of a state do not provide for offenses or

    violations denominated or described in precisely the words

    employed in Subsection (a), those offenses or violations of a

    substantially similar nature and the laws of that state shall be

    understood to contain such provisions as may be necessary to

    ensure that full force and effect is given to this compact.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.006. APPLICATIONS FOR NEW LICENSES. On receiving an

    application for a license to drive, the licensing authority in a

    state shall ascertain whether the applicant has ever held or is

    the holder of a license to drive issued by any other state. The

    licensing authority in the state where application is made shall

    not issue a license to the applicant if the applicant:

    (1) has held a license but the license has been suspended by

    reason, in whole or in part, of a violation and the suspension

    period has not terminated;

    (2) has held a license but the license has been revoked by

    reason, in whole or in part, of a violation and the revocation

    has not terminated, except that after the expiration of one year

    from the date the license was revoked the person may apply for a

    new license if permitted by law; the licensing authority may

    refuse to issue a license to any such applicant if, after

    investigation, the licensing authority determines that it will

    not be safe to grant the person the privilege of driving a motor

    vehicle on the public highways; or

    (3) is the holder of a license issued by another state currently

    in force unless the applicant surrenders such license or provides

    an affidavit prescribed by the licensing authority that such

    license is no longer in the person's possession.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.007. APPLICABILITY OF OTHER LAWS. Except as expressly

    required by provisions of this compact, nothing contained herein

    shall be construed to affect the right of any state to apply any

    of its other laws relating to licenses to drive to any person or

    circumstance nor to invalidate or prevent any driver's license

    agreement or other cooperative arrangement between a member state

    and a nonmember state.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.008. COMPACT ADMINISTRATOR AND INTERCHANGE OF

    INFORMATION AND COMPENSATION OF EXPENSES. (a) The compact

    administrator shall be appointed by the executive director of the

    licensing authority. A compact administrator may provide for the

    discharge of his duties and the performance of his position by an

    alternate. The administrators, acting jointly, shall have the

    power to formulate all necessary and proper procedures for the

    exchange of information under this compact.

    (b) The administrator of each state shall furnish to the

    administrator of each other state any information or documents

    reasonably necessary to facilitate the administration of this

    compact.

    (c) The compact administrator provided for in this compact shall

    not be entitled to any additional compensation on account of his

    service as such administrator but shall be entitled to expenses

    incurred in connection with his duties and responsibilities as

    such administrator in the same manner as for expenses incurred in

    connection with any other duties or responsibilities of his

    office or employment.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.009. EFFECTIVE DATE; WITHDRAWAL FROM COMPACT. (a)

    This compact shall enter into force and become effective as to

    any state when it has enacted the compact into law.

    (b) Any member state may withdraw from this compact by enacting

    a statute repealing the compact, but no such withdrawal shall

    take effect until six months after the executive director of the

    withdrawing state has given notice of the withdrawal to the

    executive directors of all other member states. No withdrawal

    shall affect the validity or applicability by the licensing

    authorities of states remaining party to the compact of any

    report of conviction occurring prior to the withdrawal.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.010. RULEMAKING AUTHORITY. The licensing authority may

    adopt any rules and regulations deemed necessary by the executive

    director to administer and enforce the provisions of this

    compact.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

    Sec. 523.011. CONSTRUCTION AND SEVERABILITY. This compact shall

    be liberally construed so as to effectuate the purposes thereof.

    The provisions of this compact shall be severable; if any phrase,

    clause, sentence, or provision of this compact is declared to be

    contrary to the constitution of any state or of the United States

    or the applicability thereof to any government, agency, person,

    or circumstance is held invalid, the validity of the remainder of

    this compact and the applicability thereof to any government,

    agency, person, or circumstance shall not be affected thereby. If

    this compact is held contrary to the constitution of any state

    party thereto, the compact shall remain in full force and effect

    in the remaining states and in full force and effect in the state

    affected with regard to all severable matters.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

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