TRANSPORTATION CODETITLE 7. VEHICLES AND TRAFFICSUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDSCHAPTER 521. DRIVER'S LICENSES AND CERTIFICATESSUBCHAPTER A. GENERAL PROVISIONSSec. 521.001. DEFINITIONS. (a) In this chapter:(1) "Correctional facility" means:(A) a place described by Section 1.07(a)(14), Penal Code; or(B) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.(1-a) "Department" means the Department of Public Safety.(2) "Director" means the public safety director.(3) "Driver's license" means an authorization issued by the department for the operation of a motor vehicle. The term includes:(A) a temporary license or instruction permit; and(B) an occupational license.(3-a) "Federal judge" means:(A) a judge of a United States court of appeals;(B) a judge of a United States district court;(C) a judge of a United States bankruptcy court; or(D) a magistrate judge of a United States district court.(4) "Gross combination weight rating" has the meaning assigned by Section 522.003.(5) "Gross vehicle weight rating" has the meaning assigned by Section 522.003.(6) "License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes:(A) a driver's license;(B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and(C) a nonresident's operating privilege.(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:(A) is designed to operate with three wheels in contact with the ground;(B) has a minimum unladen weight of 900 lbs.;(C) has a single, completely enclosed, occupant compartment;(D) at a minimum, is equipped with:(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;(ii) a steering wheel used to maneuver the vehicle;(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.(7) "Nonresident" means a person who is not a resident of this state.(7-a) "Parole facility" means a place described by Section 508.118 or 508.119, Government Code.(8) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.(8-a) "State judge" means:(A) the judge of an appellate court, a district court, or a county court at law of this state; or(B) an associate judge appointed under Chapter 201, Family Code.(9) "Image comparison technology" means any technology that is used to compare facial images, thumbprints, or fingerprints.(b) A word or phrase that is not defined by this chapter but is defined by Subtitle C has the meaning in this chapter that is assigned by that subtitle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1108, Sec. 3, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 3, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 967, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.01, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1288, Sec. 3, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 2, eff. September 1, 2009.
Sec. 521.002. CONVENIENCE TO PUBLIC. The department shall implement its duties under this chapter in the manner that provides the greatest convenience to the public.
Sec. 521.003. ENROLLMENT AND ATTENDANCE VERIFICATION. The Texas Education Agency shall design a standard form for use by public and private schools to verify a student's enrollment and attendance for purposes of this chapter. The form must be approved by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 16.003, eff. Sept. 1, 2003.
Sec. 521.004. PENAL CODE REFERENCES. In this chapter:(1) a reference to an offense under Section 49.04, Penal Code, includes an offense under Article 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994;(2) a reference to an offense under Section 49.07, Penal Code:(A) means only an offense under that section involving the operation of a motor vehicle; and(B) includes an offense under Section 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994; and(3) a reference to an offense under Section 49.08, Penal Code:(A) means only an offense under that section involving the operation of a motor vehicle; and(B) includes an offense under Section 19.05(a)(2), Penal Code, as that law existed immediately before September 1, 1994.
Sec. 521.005. RULEMAKING AUTHORITY. The department may adopt rules necessary to administer this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.72, eff. Sept. 1, 1997.
Sec. 521.006. ADVERTISING IN DRIVER'S HANDBOOK AND DRIVER'S LICENSE MAILINGS. (a) Except as provided by Subsection (c), the department may sell advertising for inclusion in:(1) any driver's handbook that the department publishes; and(2) any mailing the department makes in connection with a driver's license.(b) The department shall deposit the proceeds from the advertising to the credit of the driver's license administration advertising account. The driver's license administration advertising account is an account in the general revenue fund that may be appropriated only for the purpose of administration of this chapter.(c) The department may not include in the driver's handbook or a driver's license mailing advertising for an alcoholic beverage or a product promoting alcoholic beverages.
Added by Acts 1999, 76th Leg., ch. 1258, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 154, Sec. 1, eff. May 21, 2007.
SUBCHAPTER B. GENERAL LICENSE REQUIREMENTSSec. 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.
Sec. 521.022. RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL BUSES. (a) A person under 18 years of age may not operate a school bus for the transportation of students.(b) A person who is 18 years of age or older may not operate a school bus unless the person holds an appropriate class of driver's license for the vehicle being operated.(c) A person may not operate a school bus for the transportation of students unless the person meets the mental and physical capability requirements the department establishes by rule and has passed an examination approved by the department to determine the person's mental and physical capabilities to operate a school bus safely. A physician, advanced practice nurse, or physician assistant may conduct the examination. An ophthalmologist, optometrist, or therapeutic optometrist may conduct the part of the examination relating to the person's vision. Each school bus operator must pass the examination annually.(d) A person may not operate a school bus for the transportation of students unless the person's driving record is acceptable according to minimum standards adopted by the department. A check of the person's driving record shall be made with the department annually. The minimum standards adopted by the department must provide that a person's driving record is not acceptable if the person has been convicted of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the 10-year period preceding the date of the check of the person's driving record.(e) A person may not operate a school bus for the transportation of students unless the person is certified in school bus safety education or has enrolled in a school bus safety education class under provisions adopted by the department. Effective on the date and under provisions determined by the department, a school bus operator must hold a card that states that the operator is enrolled in or has completed a driver training course approved by the department in school bus safety education. The card is valid for three years.(f) Before a person is employed to operate a school bus to transport students, the employer must obtain a criminal history record check. A school district, school, service center, or shared services arrangement, or a commercial transportation company under contract with a school district, that obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude may not employ the person to drive a school bus on which students are transported unless the employment is approved by the board of trustees of the school district or the board's designee.(g) This section does not affect the right of an otherwise qualified person with a hearing disability to be licensed, certified, and employed as a bus operator for vehicles used to transport hearing-impaired students.(h) This section does not apply to the operation of a vehicle owned by a public institution of higher education to transport students of a school district that operates within that institution if:(1) the person operating the vehicle is approved by the institution to operate the vehicle; and(2) the transportation is for a special event, including a field trip.(i) For purposes of this section, "school bus" includes a school activity bus as defined by Section 541.201.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.73(a), (b), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1438, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 663, Sec. 3, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 786, Sec. 1, eff. June 18, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 923, Sec. 1, eff. September 1, 2007.
Sec. 521.023. JUNIOR COLLEGE BUSES. (a) A person who is 18 years of age or older and who is licensed by the department to operate a motor vehicle as a school bus may operate the motor vehicle for the transportation of junior college students and employees to and from school or official school activities.(b) A school bus operated by a junior college may also be used to transport public school students if it is convenient. If students of a local public school district are transported to and from school on a bus operated by a junior college and the operator is under 21 years of age, the selection of the operator must be approved by the principal of the public school whose students are transported on that bus.(c) This section does not apply to the operator of a vehicle operated under a registration certificate issued under Chapter 643.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.74, eff. Sept. 1, 1997.
Sec. 521.024. RESTRICTIONS ON CERTAIN COMMON CARRIERS. (a) A person under 18 years of age may not operate a motor vehicle while that vehicle is in use as a public or common carrier of persons unless the person is licensed to operate the vehicle.(b) A person may not operate a taxicab unless the person is at least 18 years of age.
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer.(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200; and(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:(A) a fine of not less than $25 or more than $500;(B) confinement in the county jail for not less than 72 hours or more than six months; or(C) both the fine and confinement.(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:(1) issued to that person;(2) appropriate for the type of vehicle operated; and(3) valid at the time of the arrest for the offense.(e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section.(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 4, eff. September 1, 2007.
Sec. 521.026. DISMISSAL OF EXPIRED LICENSE CHARGE. (a) A judge may dismiss a charge of driving with an expired license if the defendant remedies this defect within 20 working days or before the defendant's first court appearance date, whichever is later.(b) The judge may assess the defendant an administrative fee not to exceed $20 when the charge of driving with an expired driver's license is dismissed under Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 5, eff. September 1, 2007.
Sec. 521.027. PERSONS EXEMPT FROM LICENSE REQUIREMENT. The following persons are exempt from the license requirement imposed under this chapter:(1) a person in the service of the state military forces or the United States while the person is operating an official motor vehicle in the scope of that service;(2) a person while the person is operating a road machine, farm tractor, or implement of husbandry on a highway, unless the vehicle is a commercial motor vehicle under Section 522.003;(3) a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence; and(4) a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.
Sec. 521.028. EFFECT OF MILITARY SERVICE ON LICENSE REQUIREMENT. (a) Unless the license is suspended, canceled, or revoked as provided by law, a driver's license issued by this state that is held by a person who is on active duty in the armed forces of the United States and is absent from this state, notwithstanding the expiration date of the license, remains valid while the person is absent from this state. If the person is honorably discharged from active duty, the license remains valid until the earlier of:(1) the 91st day after the date of the discharge; or(2) the date on which the person returns to this state.(b) A person on active duty in the armed forces of the United States who has in the person's possession a license issued in a foreign country by the armed forces of the United States may operate a motor vehicle in this state for a period of not more than 90 days after the date on which the person returns to the United States.
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE RESIDENTS. (a) A person who enters this state as a new resident may operate a motor vehicle in this state for no more than 90 days after the date on which the person enters this state if the person:(1) is 16 years of age or older; and(2) has in the person's possession a driver's license issued to the person by the person's state or country of previous residence.(b) If a person subject to this section is prosecuted for operating a motor vehicle without a driver's license, the prosecution alleges that the person has resided in this state for more than 90 days, and the person claims to have been covered by Subsection (a), the person must prove by the preponderance of the evidence that the person has not resided in this state for more than 90 days.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.01, eff. June 19, 2009.
Sec. 521.030. RECIPROCAL LICENSE. (a) A nonresident who is 18 years of age or older and who has in the person's possession a license issued to the person by the person's state or country of residence that is similar to a Class A or Class B driver's license issued under this chapter is not required to hold a Class A or Class B driver's license issued under this chapter if that state or country of residence recognizes such a license issued by this state and exempts the holder from securing a license issued by the state or foreign country.(b) A nonresident who is 16 years of age or older and who has in the person's possession a driver's license issued to the person by the person's state or Canadian province of residence may operate a type of motor vehicle that is permitted to be operated with a Class C or Class M driver's license in this state if the license held by the nonresident permits operation of that type of vehicle in the person's state or province of residence.
Sec. 521.0305. AGREEMENTS WITH FOREIGN COUNTRIES. (a) The department may enter into an agreement with a foreign country under which:(1) a person who is 18 years of age or older and who has in the person's possession a license issued to the person by that country that is similar to a Class C driver's license issued under this chapter may receive a Class C driver's license issued in a priority manner under this chapter; and(2) a person who is 18 years of age or older and who has in the person's possession a Class C driver's license issued under this chapter may receive a license similar to a Class C driver's license issued in a priority manner from the foreign country.(b) The department may only enter into an agreement with a country under Subsection (a) if:(1) the foreign country and this state are both parties to a reciprocity agreement in driver licensing; and(2) the foreign country's motor vehicle laws, ordinances, and administrative rules and regulations are similar to those of this state, as determined by the department.(c) A person who is not a citizen of the United States must present to the department documentation issued by the United States agency responsible for citizenship and immigration authorizing the person to be in the United States before the person may be issued a driver's license under an agreement under this section.
Added by Acts 2005, 79th Leg., Ch. 1228, Sec. 1, eff. June 18, 2005.
Sec. 521.031. LICENSE FROM OTHER AUTHORITY. A person holding a driver's license under this chapter is not required to obtain a license for the operation of a motor vehicle from another state authority or department.
Sec. 521.032. ENHANCED DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) The department may issue an enhanced driver's license or personal identification certificate for the purposes of crossing the border between this state and Mexico to an applicant who provides the department with proof of United States citizenship, identity, and state residency. If the department issues an enhanced driver's license or personal identification certificate, the department shall continue to issue a standard driver's license and personal identification certificate and offer each applicant the option of receiving the standard or enhanced driver's license or personal identification certificate.(b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or personal identification certificate. An applicant for an enhanced driver's license or personal identification certificate must submit a biometric identifier as designated by the department, which, notwithstanding any other law, may be used only to verify the identity of the applicant for purposes relating to implementation of the border crossing initiative established by this section. An applicant must sign a declaration acknowledging the applicant's understanding of the one-to-many biometric match.(c) The enhanced driver's license or personal identification certificate must include reasonable security measures to protect the privacy of the license or certificate holders, including reasonable safeguards to protect against the unauthorized disclosure of information about the holders. If the enhanced driver's license or personal identification certificate includes a radio frequency identification chip or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized information access.(d) The requirements of this section are in addition to any other requirements imposed on applicants for a driver's license or personal identification certificate. The department shall adopt rules necessary to implement this section. The department shall periodically review technological innovations related to the security of driver's licenses and personal identification certificates and amend the rules as appropriate, consistent with this section, to protect the privacy of driver's license and personal identification certificate holders.(e) The department may set a fee for issuance of an enhanced driver's license or personal identification certificate in a reasonable amount necessary to implement and administer this section.(f) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between this state and Mexico. The department may enter into an agreement with Mexico, to the extent permitted by federal law, to implement a border crossing initiative authorized by this section. The department shall implement a statewide education campaign to educate residents of this state about the border crossing initiative. The campaign must include information on:(1) the forms of travel for which the existing and enhanced driver's license and personal identification certificate can be used; and(2) relevant dates for implementation of laws that affect identification requirements at the border with Mexico.(g) A person may not sell or otherwise disclose biometric information accessed from an enhanced driver's license or any information from an enhanced driver's license radio frequency identification chip or similar technology to another person or an affiliate of the person. This subsection does not apply to a financial institution described by Section 521.126(e).
Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 21.01, eff. September 1, 2007.
SUBCHAPTER C. DEPARTMENT LICENSE RECORDSSec. 521.041. APPLICATION RECORDS; RECORDS OF DENIAL, SUSPENSION, CANCELLATION, OR REVOCATION. (a) The department shall record each driver's license application received by the department.(b) The department shall maintain suitable indexes, in alphabetical or numerical order, that contain:(1) each denied application and the reasons for the denial;(2) each application that is granted; and(3) the name of each license holder whose license has been suspended, canceled, or revoked and the reasons for that action.(c) The department shall maintain the application records for personal identification certificates in the manner required for license applications under this section.
Sec. 521.042. ACCIDENT AND CONVICTION REPORTS; INDIVIDUAL RECORDS. (a) Except as provided by this section, the department shall record each accident report and abstract of the court record of a conviction received by the department under a law of this state.(b) The records must enable the department to consider, on receipt of a renewal application and at other suitable times, the record of each license holder that shows any:(1) conviction of that license holder; and(2) traffic accident in which the license holder has been involved.(c) The record of a license holder who is employed as a peace officer, fire fighter, or emergency medical services employee of this state, a political subdivision of this state, or a special purpose district may not include information relating to a traffic accident that occurs during an emergency while the peace officer, fire fighter, or emergency medical services employee is driving an official vehicle in the course and scope of the license holder's official duties.(d) Before issuing or renewing a license, the department shall examine the record of the applicant for information relating to a conviction of a traffic violation or involvement in a traffic accident. The department may not issue or renew a license if the department determines that the issuance or renewal of the license would be inimical to the public safety.(e) The director may maintain records required under this subchapter on microfilm or computer.
Sec. 521.043. ELIMINATION OF CERTAIN UNNECESSARY RECORDS. The department is not required to maintain records relating to a person if the director decides that the records are no longer necessary, except that the department shall maintain a record of a conviction as long as the record may be used:(1) as grounds for a license cancellation, suspension, revocation, or denial; or(2) in conjunction with other records of convictions, to establish that a person is a frequent violator of traffic laws.
Sec. 521.044. USE OR DISCLOSURE OF SOCIAL SECURITY NUMBER INFORMATION. (a) Information provided on a driver's license application that relates to the applicant's social security number may be used only by the department or disclosed only to:(1) the child support enforcement division of the attorney general's office;(2) another state entity responsible for enforcing the payment of child support;(3) the United States Selective Service System as provided by Section 521.147; or(4) the unclaimed property division of the comptroller's office.(b) The department shall enter an applicant's social security number in the department's electronic database but may not print the number on the applicant's driver's license.(c) On the request of a state entity responsible for investigating or enforcing the payment of child support, the department shall disclose information regarding an applicant's social security number.(d) Information disclosed under this section may be used by a state entity responsible for enforcing the payment of child support only to implement the duties of the state entity.(e) The department shall include in the department's legislative appropriations requests and budgets, in quarterly performance reports, and in audits of the department's local offices performance measures on the percentage of complete and correct social security numbers on driver's licenses.(f) This section does not prohibit the department from requiring an applicant for a driver's license to provide the applicant's social security number.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 77, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 973, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 232, Sec. 9, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 232, Sec. 10, eff. September 1, 2009.
Sec. 521.0445. NOTICE REGARDING SUSPENSION OF LICENSE FOR NONPAYMENT OF CHILD SUPPORT. The department shall include in each notice sent to a driver's license holder a statement advising a holder who is delinquent in the payment of child support to make satisfactory arrangements with the office of the attorney general to correct the delinquency and that failure to contact the attorney general or to make satisfactory arrangements may result in the commencement by the attorney general of procedures to suspend the holder's driver's license.
Added by Acts 1997, 75th Leg., ch. 420, Sec. 29, eff. Sept. 1, 1997.
Sec. 521.045. DISCLOSURE OF CERTAIN INFORMATION RELATING TO INDIVIDUAL OPERATOR. On receipt of a written request and payment of a $4 fee, the department may disclose information relating to an individual's date of birth, current license status, and most recent address, as shown in the department's records, to a person who:(1) is eligible to receive the information under Chapter 730; and(2) submits to the department the individual's driver's license number or the individual's full name and date of birth.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 7, eff. Sept. 1, 1997.
Sec. 521.046. DISCLOSURE OF ACCIDENT AND CONVICTION INFORMATION. (a) In addition to the information authorized to be released under Section 521.045, on receipt of a written request and payment of a $6 fee, the department may disclose that information and information regarding each reported motor vehicle moving violation, as defined by department rule, resulting in a traffic law conviction and each motor vehicle accident in which the individual received a citation, by date and location, within the three years preceding the date of the request, to a person who:(1) is eligible to receive the information under Chapter 730; and(2) submits to the department the individual's driver's license number or the individual's full name and date of birth.(b) If the department receives requests for information under this section in quantities of 100 or more from a single person at one time and on data processing request forms acceptable to the department, the department may reduce the fee to $5 for each individual request.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 356, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1187, Sec. 8, eff. Sept. 1, 1997.
Sec. 521.047. DISCLOSURE OF INFORMATION TO LICENSE HOLDER. (a) The department may disclose information relating to a license holder to that license holder on receipt of a written request that includes the individual's driver's license number or the individual's full name and date of birth, and payment of a $7 fee.(b) The department may disclose information as recorded in department records that relates to:(1) the individual's date of birth;(2) the current license status of the individual;(3) the individual's most recent address;(4) the completion of an approved driver education course by the individual;(5) the fact of, but not the reason for, completion of a driver safety course by the individual; and(6) each of the individual's reported traffic law violations and motor vehicle accidents, by date and location.
Sec. 521.0475. DISCLOSURE OF ABSTRACT RECORD. (a) Except as provided by Subsection (b) or (c), the department shall provide a certified abstract of a complete driving record of a license holder, for a fee of $20, to the license holder or a person eligible to receive the information under Sections 730.007(a)(2)(A), (D), and (I).(b) If an abstract of a complete driving record does not exist for a license holder, the department shall provide a person making a request under Subsection (a) a certified statement to that effect.(c) If the department provides information under Subsection (a) or (b) through the system described by Section 521.055, the information may not be marked as certified.
Added by Acts 2003, 78th Leg., ch. 991, Sec. 2, eff. Sept. 1, 2003.
Sec. 521.048. CERTIFIED INFORMATION. The department may disclose information under Section 521.046 or 521.047 that is certified by the custodian of records on payment of a $10 fee for each individual request.
Sec. 521.0485. REQUESTS FOR INFORMATION BY MAIL OR ELECTRONIC MEANS. (a) The department by rule may provide that the holder of a driver's license issued by the department may submit a request for information under Sections 521.045-521.048 by mail, by telephone, over the Internet, or by other electronic means.(b) A rule adopted under Subsection (a):(1) may prescribe eligibility standards for release of the requested information; and(2) may not conflict with any provision of this chapter or another law that relates to the release of the information by the department.
Added by Acts 2001, 77th Leg., ch. 866, Sec. 1, eff. Sept. 1, 2001.
Sec. 521.049. INFORMATION SUPPLIED TO CERTAIN GOVERNMENTAL ENTITIES. (a) The department shall disclose information relating to the name, date of birth, and most recent address as shown in department records to the Texas Department of Health during an emergency or epidemic declared by the commissioner of health to notify individuals of the need to receive certain immunizations.(b) The department may not charge a fee for information disclosed to a law enforcement agency or other governmental agency for an official purpose, except that the department may charge its regular fees for information provided to those governmental agencies in bulk for research projects.(c) The department may make information from driver's license record files, including class-type listings, available to an official of the United States, the state, or a political subdivision of this state for government purposes only.(d) To assist chief appraisers in determining the eligibility of individuals for residence homestead exemptions from ad valorem taxation under Section 11.13, Tax Code, the department shall provide, without charge, to the chief appraiser of each appraisal district in this state:(1) a copy of each driver's license record or personal identification certificate record held by the department; or(2) information relating to the name, date of birth, driver's license or personal identification certificate number, and most recent address as shown in the records of individuals included in the department's driver's license or personal identification certificate records.(e) A driver's license record or personal identification certificate record provided under Subsection (d)(1) may not include information relating to an individual's social security number or any accident or conviction information about an individual.(f) The department shall respond to a request for a driving record check received from another state under 49 C.F.R. Section 384.206 within 30 days of the date of the request.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 424, Sec. 1, eff. January 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 766, Sec. 1, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(104), eff. September 1, 2009.
Sec. 521.050. SALE OF LICENSE INFORMATION. (a) In addition to the provisions of this subchapter relating to the disclosure of driver's license information on an individual, the department may provide a purchaser with a magnetic tape of the names, addresses, and dates of birth of all license holders that are contained in the department's basic driver's license record file if the purchaser certifies in writing that the purchaser is eligible to receive the information under Chapter 730.(b) The department may also periodically provide to the purchaser of the information any addition to that file.(c) The department shall impose and collect a fee of:(1) $2,000 for each magnetic tape provided under Subsection (a); and(2) if the department provides a weekly update of the information on the tape, $75 for each update.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 9, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 2, eff. Sept. 1, 2001.
Sec. 521.051. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED. The department may not disclose class-type listings from the basic driver's license record file to any person except as provided by Section 521.049(c), regardless of whether the requestor is eligible to receive the information under Chapter 730.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 10, eff. Sept. 1, 1997.
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION PROHIBITED. Except as provided by Sections 521.045, 521.046, 521.0475, 521.049(c), and 521.050, and by Chapter 730, the department may not disclose information from the department's files that relates to personal information, as that term is defined by Section 730.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 11, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 991, Sec. 3, eff. Sept. 1, 2003.
Sec. 521.053. COMMERCIAL DRIVER'S LICENSE INFORMATION. (a) The department may provide to any person the information specified by Section 521.045, 521.046, 521.0475, or 521.047, for the fee required by those sections, that relate to the holder of or applicant for a commercial driver's license under Chapter 522 if the person is eligible to receive the information under Chapter 730.(b) If the information is provided through the commercial driver license information system, the fee for this service is the fee specified in the applicable section plus $2.(c) The department may provide information under Subsection (a) through the system described by Section 521.055.(d) The department may provide information maintained under Section 644.252 that relates to a holder of a commercial driver's license under Chapter 522 to the holder, the holder's current employer, or a person acting on behalf of the employer if the department receives the holder's specific written consent to the release of information.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 12, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 991, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 9, Sec. 1, eff. September 1, 2005.
Sec. 521.054. NOTICE OF CHANGE OF ADDRESS OR NAME. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 2 (a) This section applies to a person who:(1) after applying for or being issued a license or certificate moves to a new residence address;(2) has used the procedure under Section 521.121(c) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable; or(3) changes the person's name by marriage or otherwise. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.02 (a) This section applies to a person who:(1) after applying for or being issued a license or certificate moves to a new residence address;(2) has used the procedure under Section 521.121(d) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable; or(3) changes the person's name by marriage or otherwise.(b) A person subject to this section shall notify the department of the change not later than the 30th day after the date on which the change takes effect and apply for a duplicate license or certificate as provided by Section 521.146. The duplicate license must include the person's current residence address.(c) A person changing the person's address shall notify the department of the old and new addresses and the number of the license or certificate held by the person. A person changing the person's name shall notify the department of the former and new names and the number of the license or certificate held by the person.(d) A court may dismiss a charge for a violation of this section if the defendant remedies the defect not later than the 20th working day after the date of the offense and pays an administrative fee not to exceed $20. The court may waive the administrative fee if the waiver is in the interest of justice.(e) Repealed by Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.(f) Repealed by Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1249, Sec. 1, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 6, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.02, eff. September 1, 2009.
Sec. 521.055. ESTABLISHMENT OF INTERACTIVE SYSTEM. (a) The department may establish a system, separate from the department's mainframe computer, that will allow interactive access to certain driver's license record information.(b) The system may provide for the release of driving records described in:(1) Section 521.045;(2) Section 521.046;(3) Section 521.047; and(4) Section 521.0475.(c) The fee for a driving record under Subsection (b)(1) is $2.50. The fee for a driving record under Subsection (b)(2) is $4.50. The fee for a driving record under Subsection (b)(3) is $5.50. The fee for a driving record under Subsection (b)(4) is $20.(d) Repealed by Acts 2003, 78th Leg., ch. 1325, Sec. 11.10.(e) The department may contract with private vendors as necessary to implement this section.(f) The department may adopt rules as necessary to administer this section.(g) For purposes of this section, a release of information to persons eligible to receive the information under Chapter 730 occurs each time a query is made of the system.
Added by Acts 1997, 75th Leg., ch. 1365, Sec. 1, eff. June 20, 1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 991, Sec. 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 11.10, eff. Sept. 1, 2003.
Sec. 521.056. NATIONAL DRIVER REGISTER. (a) The department may process file check requests under the National Driver Register on behalf of current or prospective employers of individuals employed or seeking employment as operators of motor vehicles or railway locomotive operators if the individual:(1) has given written consent to the release of the information; and(2) has a license in this state.(b) The fee for a request under Subsection (a) is $4.(c) The department shall forward a request made under Subsection (a) directly to the current or prospective employer.(d) The department shall assist and provide procedures for an individual to obtain information from the National Driver Register on the individual's own driving record. The department may by rule establish a reasonable fee for this service, in conformity with the policies of the National Driver Register.(e) The department may adopt forms and rules as necessary to carry out the purposes of this section and comply with the policies of the National Driver Register.
Added by Acts 1997, 75th Leg., ch. 1365, Sec. 1, eff. June 20, 1997.
Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS. (a) On receipt of a court order issued under Article 42.016, Code of Criminal Procedure, the department shall ensure that any driver's license record or personal identification certificate record maintained by the department for the person includes an indication that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.(b) The department shall include the indication required by Subsection (a) in any driver's license record or personal identification certificate record maintained by the department for the person until the expiration of the person's duty to register under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
Added by Acts 1999, 76th Leg., ch. 1401, Sec. 4, eff. Sept. 1, 2000.
Sec. 521.058. DISPOSITION OF FEES. Each fee collected under this subchapter shall be deposited to the credit of the Texas mobility fund.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 11.01, eff. Sept. 1, 2003.
Sec. 521.059. IMAGE VERIFICATION SYSTEM. (a) The department shall establish an image verification system based on the following identifiers collected by the department:(1) an applicant's facial image; and(2) an applicant's thumbprints or fingerprints.(b) The department shall authenticate the facial image and thumbprints or fingerprints provided by an applicant for a personal identification certificate, driver's license, or commercial driver's license or permit using image comparison technology to ensure that the applicant:(1) is issued only one original license, permit, or certificate;(2) does not fraudulently obtain a duplicate license, permit, or certificate; and(3) does not commit other fraud in connection with the application for a license, permit, or certificate.(c) The department shall use the image verification system established under this section only to the extent allowed by Chapter 730, Transportation Code, to aid other law enforcement agencies in:(1) establishing the identity of a victim of a disaster or crime that a local law enforcement agency is unable to establish; or(2) conducting an investigation of criminal conduct.(d) The department shall provide a statistical report annually to the legislature describing the rate of error presented in the image verification system, including the rate of incorrect matching of facial images, categorized by race. This subsection expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch. 1108, Sec. 4, eff. September 1, 2005.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, see other Sec. 521.060.Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The department by rule shall establish a system for identifying unique addresses that are submitted in license or certificate applications under this chapter or Chapter 522 in a frequency or number that, in the department's determination, casts doubt on whether the addresses are the actual addresses where the applicants reside.(b) The department may contract with a third-party personal data verification service to assist the department in implementing this section.(c) The department shall investigate the validity of addresses identified under Subsection (a).(d) The department may disclose the results of an investigation under Subsection (c) to a criminal justice agency for the purposes of enforcing Section 521.4565 or other provisions of this chapter or Chapter 522.(e) In this section, "criminal justice agency" has the meaning assigned by Article 60.01, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, eff. September 1, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, eff. June 19, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, see other Sec. 521.060.Sec. 521.060. DRIVER RECORD MONITORING PILOT PROGRAM. (a) The department by rule may establish a driver record monitoring pilot program. The term of the pilot program may not exceed one year.(b) Under the pilot program, the department may enter into a contract with a person to provide driver record monitoring services, as described by Subsection (c), and certain information from the department's driver's license records to the person, if the person:(1) is an employer, an insurer, an insurance support organization, an employer support organization, or an entity that self-insures its motor vehicles; and(2) is eligible to receive the information under Chapter 730.(c) A contract entered into by the department must require:(1) the department, during the term of the contract, to:(A) monitor the driver record of each holder of a driver's license issued by the department that is requested by the person with whom the department has contracted;(B) identify any change in the status of a driver's license or any conviction for a traffic offense reported to the department during the monitoring period; and(C) periodically, as specified in the contract, provide reports of those individuals identified as having a change in status or convictions to the person with whom the department has contracted; and(2) the person with whom the department has contracted:(A) to purchase under Section 521.046 a copy of the driver record of each individual identified in a report provided under Subdivision (1)(C);(B) to warrant that:(i) the person will not directly or indirectly disclose information received from the department under the contract to a third party without the express written consent of the department, except as required by law or legal process; and(ii) if a disclosure is required by law or legal process, the person will immediately notify the department so that the department may seek to oppose, limit, or restrict the required disclosure; and(C) if the person is an insurance support organization, to warrant that the person will not seek to obtain information about a holder of a driver's license under the contract unless the license holder is insured by a client of the organization, and that the person will provide the department with the name of each client to whom the insurance support organization provides information received from the department under the contract.(d) The attorney general may file a suit against a person with whom the department has contracted under this section for:(1) injunctive relief to prevent or restrain the person from violating a term of the contract or from directly or indirectly disclosing information received from the department under the contract in a manner that violates the terms of the contract; or(2) a civil penalty in an amount not to exceed $2,000 for each disclosure in violation of those terms.(e) If the attorney general brings an action against a person under Subsection (d) and an injunction is granted against the person or the person is found liable for a civil penalty, the attorney general may recover reasonable expenses, court costs, investigative costs, and attorney's fees. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under Subsection (d).(f) A violation of the terms of a contract entered into with the department by the person with whom the department has contracted is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, Business & Commerce Code.(g) A civil action brought under this section shall be filed in a district court:(1) in Travis County; or(2) in any county in which the violation occurred.(h) A person with whom the department has contracted under this section commits an offense if the person directly or indirectly discloses information received from the department under the contract in a manner that violates the terms of the contract. An offense under this subsection is a Class B misdemeanor. If conduct constituting an offense under this subsection also constitutes an offense under another law, the actor may be prosecuted under this subsection, the other law, or both.(i) The department shall impose a fee on each person with whom the department contracts under this section for the services provided by the department under the contract. The fee must be reasonable and be not less than the amount necessary to allow the department to recover all reasonable costs to the department associated with entering into the contract and providing services to the person under the contract, including direct, indirect, and administrative costs and costs related to the development and deployment of the pilot program.(j) The department may establish a reasonable deadline by which a person must apply to enter into a contract with the department under this section and may not enter into a contract with a person who fails to apply before that deadline.(k) To the fullest extent practicable, the services of the department under a contract entered into under this section shall be provided by, through, or in conjunction with the interactive system established under Section 521.055.(l) At the conclusion of the term of the pilot program, and on the recommendation of the department, the commission may authorize the department to implement the pilot program as a permanent program.(m) Before the department recommends that the pilot program be implemented as a permanent program, the department shall submit to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report that contains an analysis of the scope, effectiveness, and cost benefits of the pilot program. The report must include:(1) a list of each insurance support organization with which the department has contracted under this section; and(2) a list of each client to whom the insurance support organization has provided information received from the department under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, eff. September 1, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, eff. June 19, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, see other Sec. 521.060.Sec. 521.060. EMERGENCY CONTACT AND MEDICAL INFORMATION DATABASES. (a) The department shall maintain in its files a record of the name, address, and telephone number of each individual identified by the holder of a driver's license or personal identification certificate as an individual the holder authorizes to be contacted in the event that the holder is injured or dies in or as a result of a vehicular accident or another emergency situation. In addition, the department shall maintain in its files a record of any medical information described by Section 521.125(a) that is provided to the department under Subsection (c) or any health condition information that is voluntarily provided to the department under Section 521.142(h).(b) A record maintained by the department under Subsection (a) is confidential and, on request, may be disclosed:(1) only to a peace officer in this or another state;(2) only if the peace officer is otherwise authorized to obtain information in the driver's license or personal identification certificate files of the department; and(3) only for the purpose, as applicable, of making contact with a named individual to report the injury to or death of the holder of the driver's license or personal identification certificate, learning the nature of any medical information reported by the person who holds the driver's license or identification certificate, or learning whether the person who holds the driver's license or identification certificate has a health condition that may impede communications with the peace officer.(c) An application for an original, renewal, or duplicate driver's license or personal identification certificate must:(1) be designed to allow, but not require, the applicant to provide:(A) the name, address, and telephone number of not more than two individuals to be contacted if the applicant is injured or dies in a circumstance described by Subsection (a); and(B) in addition to health condition information voluntarily provided under Section 521.142(h), medical information described by Section 521.125(a); and(2) include a statement that:(A) describes the confidential nature of the information; and(B) states that by providing the department with the information, the applicant consents to the limited disclosure and use of the information.(d) The department shall establish and maintain on the department's Internet website forms and procedures by which the holder of a driver's license or personal identification certificate may request that the department:(1) add specific emergency contact or medical information described by Subsection (a) to the appropriate file maintained by the department; or(2) amend or delete emergency contact or medical information the holder previously provided to the department.(e) The forms and procedures maintained under Subsection (d) must comply with Subsection (c).(f) Subsection (b) does not prohibit the department from disclosing information to the holder of a driver's license or personal identification certificate who provided the information or to an authorized agent of the holder.
Added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. CLASSIFICATION OF DRIVER'S LICENSESSec. 521.081. CLASS A LICENSE. A Class A driver's license authorizes the holder of the license to operate:(1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.
Sec. 521.082. CLASS B LICENSE. (a) A Class B driver's license authorizes the holder of the license to operate:(1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds;(2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing:(A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or(B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and(3) a bus with a seating capacity of 24 passengers or more.(b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.162, except that the operator's seat is included in the computation.
Sec. 521.083. CLASS C LICENSE. A Class C driver's license authorizes the holder of the license to operate:(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.
Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 4, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 967, Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 3, eff. September 1, 2009.
SUBCHAPTER E. CLASSIFICATION OF CERTIFICATESSec. 521.101. PERSONAL IDENTIFICATION CERTIFICATE. (a) The department shall issue personal identification certificates.(b) A personal identification certificate must be similar in form to, but distinguishable in color from, a driver's license.(c) The department shall indicate "UNDER 21" on the face of a personal identification certificate issued to a person under 21 years of age.(d) The department may require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department the information required by Section 521.142.(e) The department may cancel and require surrender of a personal identification certificate after determining that the holder was not entitled to the certificate or gave incorrect or incomplete information in the application for the certificate.(f) A certificate expires on a date specified by the department, except that a certificate issued to a person 60 years of age or older does not expire.(f-1) A personal identification certificate issued to a person whose residence or domicile is a correctional facility or a parole facility expires on the first birthday of the license holder occurring after the first anniversary of the date of issuance.(g) An individual, corporation, or association may not deny the holder of a personal identification certificate access to goods, services, or facilities, except as provided by Section 521.460 or in regard to the operation of a motor vehicle, because the holder has a personal identification certificate rather than a driver's license.(h) The department shall automatically revoke each personal identification certificate issued by the department to a person who:(1) is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and(2) fails to apply to the department for renewal of the personal identification certificate as required by Article 62.060, Code of Criminal Procedure.(i) The department may issue a personal identification certificate to a person whose certificate is revoked under Subsection (h) only if the person applies for an original or renewal certificate under Section 521.103.(j) The department may not issue a personal identification certificate to a person who has not established a domicile in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.75(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1372, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1401, Sec. 5, eff. Sept. 1, 2000.Amended by: Acts 2005, 79th Leg., Ch. 1008, Sec. 2.12, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.03, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch. 1288, Sec. 4, eff. September 1, 2009.
Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR CERTAIN SEX OFFENDERS. (a) The department may issue an original or renewal personal identification certificate to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, only if the person:(1) applies in person for the issuance of a certificate under this section; and(2) pays a fee of $20.(b) A personal identification certificate issued under this section, including a renewal, duplicate, or corrected certificate, expires on the first birthday of the certificate holder occurring after the date of application, except that the initial certificate issued under this section expires on the second birthday of the certificate holder occurring after the date of application.
TRANSPORTATION CODETITLE 7. VEHICLES AND TRAFFICSUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDSCHAPTER 521. DRIVER'S LICENSES AND CERTIFICATESSUBCHAPTER A. GENERAL PROVISIONSSec. 521.001. DEFINITIONS. (a) In this chapter:(1) "Correctional facility" means:(A) a place described by Section 1.07(a)(14), Penal Code; or(B) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.(1-a) "Department" means the Department of Public Safety.(2) "Director" means the public safety director.(3) "Driver's license" means an authorization issued by the department for the operation of a motor vehicle. The term includes:(A) a temporary license or instruction permit; and(B) an occupational license.(3-a) "Federal judge" means:(A) a judge of a United States court of appeals;(B) a judge of a United States district court;(C) a judge of a United States bankruptcy court; or(D) a magistrate judge of a United States district court.(4) "Gross combination weight rating" has the meaning assigned by Section 522.003.(5) "Gross vehicle weight rating" has the meaning assigned by Section 522.003.(6) "License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes:(A) a driver's license;(B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and(C) a nonresident's operating privilege.(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:(A) is designed to operate with three wheels in contact with the ground;(B) has a minimum unladen weight of 900 lbs.;(C) has a single, completely enclosed, occupant compartment;(D) at a minimum, is equipped with:(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;(ii) a steering wheel used to maneuver the vehicle;(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.(7) "Nonresident" means a person who is not a resident of this state.(7-a) "Parole facility" means a place described by Section 508.118 or 508.119, Government Code.(8) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.(8-a) "State judge" means:(A) the judge of an appellate court, a district court, or a county court at law of this state; or(B) an associate judge appointed under Chapter 201, Family Code.(9) "Image comparison technology" means any technology that is used to compare facial images, thumbprints, or fingerprints.(b) A word or phrase that is not defined by this chapter but is defined by Subtitle C has the meaning in this chapter that is assigned by that subtitle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1108, Sec. 3, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 3, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 967, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.01, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1288, Sec. 3, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 2, eff. September 1, 2009.
Sec. 521.002. CONVENIENCE TO PUBLIC. The department shall implement its duties under this chapter in the manner that provides the greatest convenience to the public.
Sec. 521.003. ENROLLMENT AND ATTENDANCE VERIFICATION. The Texas Education Agency shall design a standard form for use by public and private schools to verify a student's enrollment and attendance for purposes of this chapter. The form must be approved by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 16.003, eff. Sept. 1, 2003.
Sec. 521.004. PENAL CODE REFERENCES. In this chapter:(1) a reference to an offense under Section 49.04, Penal Code, includes an offense under Article 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994;(2) a reference to an offense under Section 49.07, Penal Code:(A) means only an offense under that section involving the operation of a motor vehicle; and(B) includes an offense under Section 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994; and(3) a reference to an offense under Section 49.08, Penal Code:(A) means only an offense under that section involving the operation of a motor vehicle; and(B) includes an offense under Section 19.05(a)(2), Penal Code, as that law existed immediately before September 1, 1994.
Sec. 521.005. RULEMAKING AUTHORITY. The department may adopt rules necessary to administer this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.72, eff. Sept. 1, 1997.
Sec. 521.006. ADVERTISING IN DRIVER'S HANDBOOK AND DRIVER'S LICENSE MAILINGS. (a) Except as provided by Subsection (c), the department may sell advertising for inclusion in:(1) any driver's handbook that the department publishes; and(2) any mailing the department makes in connection with a driver's license.(b) The department shall deposit the proceeds from the advertising to the credit of the driver's license administration advertising account. The driver's license administration advertising account is an account in the general revenue fund that may be appropriated only for the purpose of administration of this chapter.(c) The department may not include in the driver's handbook or a driver's license mailing advertising for an alcoholic beverage or a product promoting alcoholic beverages.
Added by Acts 1999, 76th Leg., ch. 1258, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 154, Sec. 1, eff. May 21, 2007.
SUBCHAPTER B. GENERAL LICENSE REQUIREMENTSSec. 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.
Sec. 521.022. RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL BUSES. (a) A person under 18 years of age may not operate a school bus for the transportation of students.(b) A person who is 18 years of age or older may not operate a school bus unless the person holds an appropriate class of driver's license for the vehicle being operated.(c) A person may not operate a school bus for the transportation of students unless the person meets the mental and physical capability requirements the department establishes by rule and has passed an examination approved by the department to determine the person's mental and physical capabilities to operate a school bus safely. A physician, advanced practice nurse, or physician assistant may conduct the examination. An ophthalmologist, optometrist, or therapeutic optometrist may conduct the part of the examination relating to the person's vision. Each school bus operator must pass the examination annually.(d) A person may not operate a school bus for the transportation of students unless the person's driving record is acceptable according to minimum standards adopted by the department. A check of the person's driving record shall be made with the department annually. The minimum standards adopted by the department must provide that a person's driving record is not acceptable if the person has been convicted of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the 10-year period preceding the date of the check of the person's driving record.(e) A person may not operate a school bus for the transportation of students unless the person is certified in school bus safety education or has enrolled in a school bus safety education class under provisions adopted by the department. Effective on the date and under provisions determined by the department, a school bus operator must hold a card that states that the operator is enrolled in or has completed a driver training course approved by the department in school bus safety education. The card is valid for three years.(f) Before a person is employed to operate a school bus to transport students, the employer must obtain a criminal history record check. A school district, school, service center, or shared services arrangement, or a commercial transportation company under contract with a school district, that obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude may not employ the person to drive a school bus on which students are transported unless the employment is approved by the board of trustees of the school district or the board's designee.(g) This section does not affect the right of an otherwise qualified person with a hearing disability to be licensed, certified, and employed as a bus operator for vehicles used to transport hearing-impaired students.(h) This section does not apply to the operation of a vehicle owned by a public institution of higher education to transport students of a school district that operates within that institution if:(1) the person operating the vehicle is approved by the institution to operate the vehicle; and(2) the transportation is for a special event, including a field trip.(i) For purposes of this section, "school bus" includes a school activity bus as defined by Section 541.201.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.73(a), (b), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1438, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 663, Sec. 3, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 786, Sec. 1, eff. June 18, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 923, Sec. 1, eff. September 1, 2007.
Sec. 521.023. JUNIOR COLLEGE BUSES. (a) A person who is 18 years of age or older and who is licensed by the department to operate a motor vehicle as a school bus may operate the motor vehicle for the transportation of junior college students and employees to and from school or official school activities.(b) A school bus operated by a junior college may also be used to transport public school students if it is convenient. If students of a local public school district are transported to and from school on a bus operated by a junior college and the operator is under 21 years of age, the selection of the operator must be approved by the principal of the public school whose students are transported on that bus.(c) This section does not apply to the operator of a vehicle operated under a registration certificate issued under Chapter 643.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.74, eff. Sept. 1, 1997.
Sec. 521.024. RESTRICTIONS ON CERTAIN COMMON CARRIERS. (a) A person under 18 years of age may not operate a motor vehicle while that vehicle is in use as a public or common carrier of persons unless the person is licensed to operate the vehicle.(b) A person may not operate a taxicab unless the person is at least 18 years of age.
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer.(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200; and(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:(A) a fine of not less than $25 or more than $500;(B) confinement in the county jail for not less than 72 hours or more than six months; or(C) both the fine and confinement.(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:(1) issued to that person;(2) appropriate for the type of vehicle operated; and(3) valid at the time of the arrest for the offense.(e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section.(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 4, eff. September 1, 2007.
Sec. 521.026. DISMISSAL OF EXPIRED LICENSE CHARGE. (a) A judge may dismiss a charge of driving with an expired license if the defendant remedies this defect within 20 working days or before the defendant's first court appearance date, whichever is later.(b) The judge may assess the defendant an administrative fee not to exceed $20 when the charge of driving with an expired driver's license is dismissed under Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 5, eff. September 1, 2007.
Sec. 521.027. PERSONS EXEMPT FROM LICENSE REQUIREMENT. The following persons are exempt from the license requirement imposed under this chapter:(1) a person in the service of the state military forces or the United States while the person is operating an official motor vehicle in the scope of that service;(2) a person while the person is operating a road machine, farm tractor, or implement of husbandry on a highway, unless the vehicle is a commercial motor vehicle under Section 522.003;(3) a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence; and(4) a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.
Sec. 521.028. EFFECT OF MILITARY SERVICE ON LICENSE REQUIREMENT. (a) Unless the license is suspended, canceled, or revoked as provided by law, a driver's license issued by this state that is held by a person who is on active duty in the armed forces of the United States and is absent from this state, notwithstanding the expiration date of the license, remains valid while the person is absent from this state. If the person is honorably discharged from active duty, the license remains valid until the earlier of:(1) the 91st day after the date of the discharge; or(2) the date on which the person returns to this state.(b) A person on active duty in the armed forces of the United States who has in the person's possession a license issued in a foreign country by the armed forces of the United States may operate a motor vehicle in this state for a period of not more than 90 days after the date on which the person returns to the United States.
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE RESIDENTS. (a) A person who enters this state as a new resident may operate a motor vehicle in this state for no more than 90 days after the date on which the person enters this state if the person:(1) is 16 years of age or older; and(2) has in the person's possession a driver's license issued to the person by the person's state or country of previous residence.(b) If a person subject to this section is prosecuted for operating a motor vehicle without a driver's license, the prosecution alleges that the person has resided in this state for more than 90 days, and the person claims to have been covered by Subsection (a), the person must prove by the preponderance of the evidence that the person has not resided in this state for more than 90 days.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.01, eff. June 19, 2009.
Sec. 521.030. RECIPROCAL LICENSE. (a) A nonresident who is 18 years of age or older and who has in the person's possession a license issued to the person by the person's state or country of residence that is similar to a Class A or Class B driver's license issued under this chapter is not required to hold a Class A or Class B driver's license issued under this chapter if that state or country of residence recognizes such a license issued by this state and exempts the holder from securing a license issued by the state or foreign country.(b) A nonresident who is 16 years of age or older and who has in the person's possession a driver's license issued to the person by the person's state or Canadian province of residence may operate a type of motor vehicle that is permitted to be operated with a Class C or Class M driver's license in this state if the license held by the nonresident permits operation of that type of vehicle in the person's state or province of residence.
Sec. 521.0305. AGREEMENTS WITH FOREIGN COUNTRIES. (a) The department may enter into an agreement with a foreign country under which:(1) a person who is 18 years of age or older and who has in the person's possession a license issued to the person by that country that is similar to a Class C driver's license issued under this chapter may receive a Class C driver's license issued in a priority manner under this chapter; and(2) a person who is 18 years of age or older and who has in the person's possession a Class C driver's license issued under this chapter may receive a license similar to a Class C driver's license issued in a priority manner from the foreign country.(b) The department may only enter into an agreement with a country under Subsection (a) if:(1) the foreign country and this state are both parties to a reciprocity agreement in driver licensing; and(2) the foreign country's motor vehicle laws, ordinances, and administrative rules and regulations are similar to those of this state, as determined by the department.(c) A person who is not a citizen of the United States must present to the department documentation issued by the United States agency responsible for citizenship and immigration authorizing the person to be in the United States before the person may be issued a driver's license under an agreement under this section.
Added by Acts 2005, 79th Leg., Ch. 1228, Sec. 1, eff. June 18, 2005.
Sec. 521.031. LICENSE FROM OTHER AUTHORITY. A person holding a driver's license under this chapter is not required to obtain a license for the operation of a motor vehicle from another state authority or department.
Sec. 521.032. ENHANCED DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) The department may issue an enhanced driver's license or personal identification certificate for the purposes of crossing the border between this state and Mexico to an applicant who provides the department with proof of United States citizenship, identity, and state residency. If the department issues an enhanced driver's license or personal identification certificate, the department shall continue to issue a standard driver's license and personal identification certificate and offer each applicant the option of receiving the standard or enhanced driver's license or personal identification certificate.(b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or personal identification certificate. An applicant for an enhanced driver's license or personal identification certificate must submit a biometric identifier as designated by the department, which, notwithstanding any other law, may be used only to verify the identity of the applicant for purposes relating to implementation of the border crossing initiative established by this section. An applicant must sign a declaration acknowledging the applicant's understanding of the one-to-many biometric match.(c) The enhanced driver's license or personal identification certificate must include reasonable security measures to protect the privacy of the license or certificate holders, including reasonable safeguards to protect against the unauthorized disclosure of information about the holders. If the enhanced driver's license or personal identification certificate includes a radio frequency identification chip or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized information access.(d) The requirements of this section are in addition to any other requirements imposed on applicants for a driver's license or personal identification certificate. The department shall adopt rules necessary to implement this section. The department shall periodically review technological innovations related to the security of driver's licenses and personal identification certificates and amend the rules as appropriate, consistent with this section, to protect the privacy of driver's license and personal identification certificate holders.(e) The department may set a fee for issuance of an enhanced driver's license or personal identification certificate in a reasonable amount necessary to implement and administer this section.(f) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between this state and Mexico. The department may enter into an agreement with Mexico, to the extent permitted by federal law, to implement a border crossing initiative authorized by this section. The department shall implement a statewide education campaign to educate residents of this state about the border crossing initiative. The campaign must include information on:(1) the forms of travel for which the existing and enhanced driver's license and personal identification certificate can be used; and(2) relevant dates for implementation of laws that affect identification requirements at the border with Mexico.(g) A person may not sell or otherwise disclose biometric information accessed from an enhanced driver's license or any information from an enhanced driver's license radio frequency identification chip or similar technology to another person or an affiliate of the person. This subsection does not apply to a financial institution described by Section 521.126(e).
Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 21.01, eff. September 1, 2007.
SUBCHAPTER C. DEPARTMENT LICENSE RECORDSSec. 521.041. APPLICATION RECORDS; RECORDS OF DENIAL, SUSPENSION, CANCELLATION, OR REVOCATION. (a) The department shall record each driver's license application received by the department.(b) The department shall maintain suitable indexes, in alphabetical or numerical order, that contain:(1) each denied application and the reasons for the denial;(2) each application that is granted; and(3) the name of each license holder whose license has been suspended, canceled, or revoked and the reasons for that action.(c) The department shall maintain the application records for personal identification certificates in the manner required for license applications under this section.
Sec. 521.042. ACCIDENT AND CONVICTION REPORTS; INDIVIDUAL RECORDS. (a) Except as provided by this section, the department shall record each accident report and abstract of the court record of a conviction received by the department under a law of this state.(b) The records must enable the department to consider, on receipt of a renewal application and at other suitable times, the record of each license holder that shows any:(1) conviction of that license holder; and(2) traffic accident in which the license holder has been involved.(c) The record of a license holder who is employed as a peace officer, fire fighter, or emergency medical services employee of this state, a political subdivision of this state, or a special purpose district may not include information relating to a traffic accident that occurs during an emergency while the peace officer, fire fighter, or emergency medical services employee is driving an official vehicle in the course and scope of the license holder's official duties.(d) Before issuing or renewing a license, the department shall examine the record of the applicant for information relating to a conviction of a traffic violation or involvement in a traffic accident. The department may not issue or renew a license if the department determines that the issuance or renewal of the license would be inimical to the public safety.(e) The director may maintain records required under this subchapter on microfilm or computer.
Sec. 521.043. ELIMINATION OF CERTAIN UNNECESSARY RECORDS. The department is not required to maintain records relating to a person if the director decides that the records are no longer necessary, except that the department shall maintain a record of a conviction as long as the record may be used:(1) as grounds for a license cancellation, suspension, revocation, or denial; or(2) in conjunction with other records of convictions, to establish that a person is a frequent violator of traffic laws.
Sec. 521.044. USE OR DISCLOSURE OF SOCIAL SECURITY NUMBER INFORMATION. (a) Information provided on a driver's license application that relates to the applicant's social security number may be used only by the department or disclosed only to:(1) the child support enforcement division of the attorney general's office;(2) another state entity responsible for enforcing the payment of child support;(3) the United States Selective Service System as provided by Section 521.147; or(4) the unclaimed property division of the comptroller's office.(b) The department shall enter an applicant's social security number in the department's electronic database but may not print the number on the applicant's driver's license.(c) On the request of a state entity responsible for investigating or enforcing the payment of child support, the department shall disclose information regarding an applicant's social security number.(d) Information disclosed under this section may be used by a state entity responsible for enforcing the payment of child support only to implement the duties of the state entity.(e) The department shall include in the department's legislative appropriations requests and budgets, in quarterly performance reports, and in audits of the department's local offices performance measures on the percentage of complete and correct social security numbers on driver's licenses.(f) This section does not prohibit the department from requiring an applicant for a driver's license to provide the applicant's social security number.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 77, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 973, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 232, Sec. 9, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 232, Sec. 10, eff. September 1, 2009.
Sec. 521.0445. NOTICE REGARDING SUSPENSION OF LICENSE FOR NONPAYMENT OF CHILD SUPPORT. The department shall include in each notice sent to a driver's license holder a statement advising a holder who is delinquent in the payment of child support to make satisfactory arrangements with the office of the attorney general to correct the delinquency and that failure to contact the attorney general or to make satisfactory arrangements may result in the commencement by the attorney general of procedures to suspend the holder's driver's license.
Added by Acts 1997, 75th Leg., ch. 420, Sec. 29, eff. Sept. 1, 1997.
Sec. 521.045. DISCLOSURE OF CERTAIN INFORMATION RELATING TO INDIVIDUAL OPERATOR. On receipt of a written request and payment of a $4 fee, the department may disclose information relating to an individual's date of birth, current license status, and most recent address, as shown in the department's records, to a person who:(1) is eligible to receive the information under Chapter 730; and(2) submits to the department the individual's driver's license number or the individual's full name and date of birth.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 7, eff. Sept. 1, 1997.
Sec. 521.046. DISCLOSURE OF ACCIDENT AND CONVICTION INFORMATION. (a) In addition to the information authorized to be released under Section 521.045, on receipt of a written request and payment of a $6 fee, the department may disclose that information and information regarding each reported motor vehicle moving violation, as defined by department rule, resulting in a traffic law conviction and each motor vehicle accident in which the individual received a citation, by date and location, within the three years preceding the date of the request, to a person who:(1) is eligible to receive the information under Chapter 730; and(2) submits to the department the individual's driver's license number or the individual's full name and date of birth.(b) If the department receives requests for information under this section in quantities of 100 or more from a single person at one time and on data processing request forms acceptable to the department, the department may reduce the fee to $5 for each individual request.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 356, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1187, Sec. 8, eff. Sept. 1, 1997.
Sec. 521.047. DISCLOSURE OF INFORMATION TO LICENSE HOLDER. (a) The department may disclose information relating to a license holder to that license holder on receipt of a written request that includes the individual's driver's license number or the individual's full name and date of birth, and payment of a $7 fee.(b) The department may disclose information as recorded in department records that relates to:(1) the individual's date of birth;(2) the current license status of the individual;(3) the individual's most recent address;(4) the completion of an approved driver education course by the individual;(5) the fact of, but not the reason for, completion of a driver safety course by the individual; and(6) each of the individual's reported traffic law violations and motor vehicle accidents, by date and location.
Sec. 521.0475. DISCLOSURE OF ABSTRACT RECORD. (a) Except as provided by Subsection (b) or (c), the department shall provide a certified abstract of a complete driving record of a license holder, for a fee of $20, to the license holder or a person eligible to receive the information under Sections 730.007(a)(2)(A), (D), and (I).(b) If an abstract of a complete driving record does not exist for a license holder, the department shall provide a person making a request under Subsection (a) a certified statement to that effect.(c) If the department provides information under Subsection (a) or (b) through the system described by Section 521.055, the information may not be marked as certified.
Added by Acts 2003, 78th Leg., ch. 991, Sec. 2, eff. Sept. 1, 2003.
Sec. 521.048. CERTIFIED INFORMATION. The department may disclose information under Section 521.046 or 521.047 that is certified by the custodian of records on payment of a $10 fee for each individual request.
Sec. 521.0485. REQUESTS FOR INFORMATION BY MAIL OR ELECTRONIC MEANS. (a) The department by rule may provide that the holder of a driver's license issued by the department may submit a request for information under Sections 521.045-521.048 by mail, by telephone, over the Internet, or by other electronic means.(b) A rule adopted under Subsection (a):(1) may prescribe eligibility standards for release of the requested information; and(2) may not conflict with any provision of this chapter or another law that relates to the release of the information by the department.
Added by Acts 2001, 77th Leg., ch. 866, Sec. 1, eff. Sept. 1, 2001.
Sec. 521.049. INFORMATION SUPPLIED TO CERTAIN GOVERNMENTAL ENTITIES. (a) The department shall disclose information relating to the name, date of birth, and most recent address as shown in department records to the Texas Department of Health during an emergency or epidemic declared by the commissioner of health to notify individuals of the need to receive certain immunizations.(b) The department may not charge a fee for information disclosed to a law enforcement agency or other governmental agency for an official purpose, except that the department may charge its regular fees for information provided to those governmental agencies in bulk for research projects.(c) The department may make information from driver's license record files, including class-type listings, available to an official of the United States, the state, or a political subdivision of this state for government purposes only.(d) To assist chief appraisers in determining the eligibility of individuals for residence homestead exemptions from ad valorem taxation under Section 11.13, Tax Code, the department shall provide, without charge, to the chief appraiser of each appraisal district in this state:(1) a copy of each driver's license record or personal identification certificate record held by the department; or(2) information relating to the name, date of birth, driver's license or personal identification certificate number, and most recent address as shown in the records of individuals included in the department's driver's license or personal identification certificate records.(e) A driver's license record or personal identification certificate record provided under Subsection (d)(1) may not include information relating to an individual's social security number or any accident or conviction information about an individual.(f) The department shall respond to a request for a driving record check received from another state under 49 C.F.R. Section 384.206 within 30 days of the date of the request.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 424, Sec. 1, eff. January 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 766, Sec. 1, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(104), eff. September 1, 2009.
Sec. 521.050. SALE OF LICENSE INFORMATION. (a) In addition to the provisions of this subchapter relating to the disclosure of driver's license information on an individual, the department may provide a purchaser with a magnetic tape of the names, addresses, and dates of birth of all license holders that are contained in the department's basic driver's license record file if the purchaser certifies in writing that the purchaser is eligible to receive the information under Chapter 730.(b) The department may also periodically provide to the purchaser of the information any addition to that file.(c) The department shall impose and collect a fee of:(1) $2,000 for each magnetic tape provided under Subsection (a); and(2) if the department provides a weekly update of the information on the tape, $75 for each update.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 9, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 2, eff. Sept. 1, 2001.
Sec. 521.051. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED. The department may not disclose class-type listings from the basic driver's license record file to any person except as provided by Section 521.049(c), regardless of whether the requestor is eligible to receive the information under Chapter 730.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 10, eff. Sept. 1, 1997.
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION PROHIBITED. Except as provided by Sections 521.045, 521.046, 521.0475, 521.049(c), and 521.050, and by Chapter 730, the department may not disclose information from the department's files that relates to personal information, as that term is defined by Section 730.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 11, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 991, Sec. 3, eff. Sept. 1, 2003.
Sec. 521.053. COMMERCIAL DRIVER'S LICENSE INFORMATION. (a) The department may provide to any person the information specified by Section 521.045, 521.046, 521.0475, or 521.047, for the fee required by those sections, that relate to the holder of or applicant for a commercial driver's license under Chapter 522 if the person is eligible to receive the information under Chapter 730.(b) If the information is provided through the commercial driver license information system, the fee for this service is the fee specified in the applicable section plus $2.(c) The department may provide information under Subsection (a) through the system described by Section 521.055.(d) The department may provide information maintained under Section 644.252 that relates to a holder of a commercial driver's license under Chapter 522 to the holder, the holder's current employer, or a person acting on behalf of the employer if the department receives the holder's specific written consent to the release of information.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 12, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 991, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 9, Sec. 1, eff. September 1, 2005.
Sec. 521.054. NOTICE OF CHANGE OF ADDRESS OR NAME. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 2 (a) This section applies to a person who:(1) after applying for or being issued a license or certificate moves to a new residence address;(2) has used the procedure under Section 521.121(c) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable; or(3) changes the person's name by marriage or otherwise. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.02 (a) This section applies to a person who:(1) after applying for or being issued a license or certificate moves to a new residence address;(2) has used the procedure under Section 521.121(d) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable; or(3) changes the person's name by marriage or otherwise.(b) A person subject to this section shall notify the department of the change not later than the 30th day after the date on which the change takes effect and apply for a duplicate license or certificate as provided by Section 521.146. The duplicate license must include the person's current residence address.(c) A person changing the person's address shall notify the department of the old and new addresses and the number of the license or certificate held by the person. A person changing the person's name shall notify the department of the former and new names and the number of the license or certificate held by the person.(d) A court may dismiss a charge for a violation of this section if the defendant remedies the defect not later than the 20th working day after the date of the offense and pays an administrative fee not to exceed $20. The court may waive the administrative fee if the waiver is in the interest of justice.(e) Repealed by Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.(f) Repealed by Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1249, Sec. 1, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 6, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.02, eff. September 1, 2009.
Sec. 521.055. ESTABLISHMENT OF INTERACTIVE SYSTEM. (a) The department may establish a system, separate from the department's mainframe computer, that will allow interactive access to certain driver's license record information.(b) The system may provide for the release of driving records described in:(1) Section 521.045;(2) Section 521.046;(3) Section 521.047; and(4) Section 521.0475.(c) The fee for a driving record under Subsection (b)(1) is $2.50. The fee for a driving record under Subsection (b)(2) is $4.50. The fee for a driving record under Subsection (b)(3) is $5.50. The fee for a driving record under Subsection (b)(4) is $20.(d) Repealed by Acts 2003, 78th Leg., ch. 1325, Sec. 11.10.(e) The department may contract with private vendors as necessary to implement this section.(f) The department may adopt rules as necessary to administer this section.(g) For purposes of this section, a release of information to persons eligible to receive the information under Chapter 730 occurs each time a query is made of the system.
Added by Acts 1997, 75th Leg., ch. 1365, Sec. 1, eff. June 20, 1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 991, Sec. 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 11.10, eff. Sept. 1, 2003.
Sec. 521.056. NATIONAL DRIVER REGISTER. (a) The department may process file check requests under the National Driver Register on behalf of current or prospective employers of individuals employed or seeking employment as operators of motor vehicles or railway locomotive operators if the individual:(1) has given written consent to the release of the information; and(2) has a license in this state.(b) The fee for a request under Subsection (a) is $4.(c) The department shall forward a request made under Subsection (a) directly to the current or prospective employer.(d) The department shall assist and provide procedures for an individual to obtain information from the National Driver Register on the individual's own driving record. The department may by rule establish a reasonable fee for this service, in conformity with the policies of the National Driver Register.(e) The department may adopt forms and rules as necessary to carry out the purposes of this section and comply with the policies of the National Driver Register.
Added by Acts 1997, 75th Leg., ch. 1365, Sec. 1, eff. June 20, 1997.
Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS. (a) On receipt of a court order issued under Article 42.016, Code of Criminal Procedure, the department shall ensure that any driver's license record or personal identification certificate record maintained by the department for the person includes an indication that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.(b) The department shall include the indication required by Subsection (a) in any driver's license record or personal identification certificate record maintained by the department for the person until the expiration of the person's duty to register under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
Added by Acts 1999, 76th Leg., ch. 1401, Sec. 4, eff. Sept. 1, 2000.
Sec. 521.058. DISPOSITION OF FEES. Each fee collected under this subchapter shall be deposited to the credit of the Texas mobility fund.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 11.01, eff. Sept. 1, 2003.
Sec. 521.059. IMAGE VERIFICATION SYSTEM. (a) The department shall establish an image verification system based on the following identifiers collected by the department:(1) an applicant's facial image; and(2) an applicant's thumbprints or fingerprints.(b) The department shall authenticate the facial image and thumbprints or fingerprints provided by an applicant for a personal identification certificate, driver's license, or commercial driver's license or permit using image comparison technology to ensure that the applicant:(1) is issued only one original license, permit, or certificate;(2) does not fraudulently obtain a duplicate license, permit, or certificate; and(3) does not commit other fraud in connection with the application for a license, permit, or certificate.(c) The department shall use the image verification system established under this section only to the extent allowed by Chapter 730, Transportation Code, to aid other law enforcement agencies in:(1) establishing the identity of a victim of a disaster or crime that a local law enforcement agency is unable to establish; or(2) conducting an investigation of criminal conduct.(d) The department shall provide a statistical report annually to the legislature describing the rate of error presented in the image verification system, including the rate of incorrect matching of facial images, categorized by race. This subsection expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch. 1108, Sec. 4, eff. September 1, 2005.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, see other Sec. 521.060.Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The department by rule shall establish a system for identifying unique addresses that are submitted in license or certificate applications under this chapter or Chapter 522 in a frequency or number that, in the department's determination, casts doubt on whether the addresses are the actual addresses where the applicants reside.(b) The department may contract with a third-party personal data verification service to assist the department in implementing this section.(c) The department shall investigate the validity of addresses identified under Subsection (a).(d) The department may disclose the results of an investigation under Subsection (c) to a criminal justice agency for the purposes of enforcing Section 521.4565 or other provisions of this chapter or Chapter 522.(e) In this section, "criminal justice agency" has the meaning assigned by Article 60.01, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, eff. September 1, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, eff. June 19, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, see other Sec. 521.060.Sec. 521.060. DRIVER RECORD MONITORING PILOT PROGRAM. (a) The department by rule may establish a driver record monitoring pilot program. The term of the pilot program may not exceed one year.(b) Under the pilot program, the department may enter into a contract with a person to provide driver record monitoring services, as described by Subsection (c), and certain information from the department's driver's license records to the person, if the person:(1) is an employer, an insurer, an insurance support organization, an employer support organization, or an entity that self-insures its motor vehicles; and(2) is eligible to receive the information under Chapter 730.(c) A contract entered into by the department must require:(1) the department, during the term of the contract, to:(A) monitor the driver record of each holder of a driver's license issued by the department that is requested by the person with whom the department has contracted;(B) identify any change in the status of a driver's license or any conviction for a traffic offense reported to the department during the monitoring period; and(C) periodically, as specified in the contract, provide reports of those individuals identified as having a change in status or convictions to the person with whom the department has contracted; and(2) the person with whom the department has contracted:(A) to purchase under Section 521.046 a copy of the driver record of each individual identified in a report provided under Subdivision (1)(C);(B) to warrant that:(i) the person will not directly or indirectly disclose information received from the department under the contract to a third party without the express written consent of the department, except as required by law or legal process; and(ii) if a disclosure is required by law or legal process, the person will immediately notify the department so that the department may seek to oppose, limit, or restrict the required disclosure; and(C) if the person is an insurance support organization, to warrant that the person will not seek to obtain information about a holder of a driver's license under the contract unless the license holder is insured by a client of the organization, and that the person will provide the department with the name of each client to whom the insurance support organization provides information received from the department under the contract.(d) The attorney general may file a suit against a person with whom the department has contracted under this section for:(1) injunctive relief to prevent or restrain the person from violating a term of the contract or from directly or indirectly disclosing information received from the department under the contract in a manner that violates the terms of the contract; or(2) a civil penalty in an amount not to exceed $2,000 for each disclosure in violation of those terms.(e) If the attorney general brings an action against a person under Subsection (d) and an injunction is granted against the person or the person is found liable for a civil penalty, the attorney general may recover reasonable expenses, court costs, investigative costs, and attorney's fees. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under Subsection (d).(f) A violation of the terms of a contract entered into with the department by the person with whom the department has contracted is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, Business & Commerce Code.(g) A civil action brought under this section shall be filed in a district court:(1) in Travis County; or(2) in any county in which the violation occurred.(h) A person with whom the department has contracted under this section commits an offense if the person directly or indirectly discloses information received from the department under the contract in a manner that violates the terms of the contract. An offense under this subsection is a Class B misdemeanor. If conduct constituting an offense under this subsection also constitutes an offense under another law, the actor may be prosecuted under this subsection, the other law, or both.(i) The department shall impose a fee on each person with whom the department contracts under this section for the services provided by the department under the contract. The fee must be reasonable and be not less than the amount necessary to allow the department to recover all reasonable costs to the department associated with entering into the contract and providing services to the person under the contract, including direct, indirect, and administrative costs and costs related to the development and deployment of the pilot program.(j) The department may establish a reasonable deadline by which a person must apply to enter into a contract with the department under this section and may not enter into a contract with a person who fails to apply before that deadline.(k) To the fullest extent practicable, the services of the department under a contract entered into under this section shall be provided by, through, or in conjunction with the interactive system established under Section 521.055.(l) At the conclusion of the term of the pilot program, and on the recommendation of the department, the commission may authorize the department to implement the pilot program as a permanent program.(m) Before the department recommends that the pilot program be implemented as a permanent program, the department shall submit to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report that contains an analysis of the scope, effectiveness, and cost benefits of the pilot program. The report must include:(1) a list of each insurance support organization with which the department has contracted under this section; and(2) a list of each client to whom the insurance support organization has provided information received from the department under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, eff. September 1, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, eff. June 19, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, see other Sec. 521.060.Sec. 521.060. EMERGENCY CONTACT AND MEDICAL INFORMATION DATABASES. (a) The department shall maintain in its files a record of the name, address, and telephone number of each individual identified by the holder of a driver's license or personal identification certificate as an individual the holder authorizes to be contacted in the event that the holder is injured or dies in or as a result of a vehicular accident or another emergency situation. In addition, the department shall maintain in its files a record of any medical information described by Section 521.125(a) that is provided to the department under Subsection (c) or any health condition information that is voluntarily provided to the department under Section 521.142(h).(b) A record maintained by the department under Subsection (a) is confidential and, on request, may be disclosed:(1) only to a peace officer in this or another state;(2) only if the peace officer is otherwise authorized to obtain information in the driver's license or personal identification certificate files of the department; and(3) only for the purpose, as applicable, of making contact with a named individual to report the injury to or death of the holder of the driver's license or personal identification certificate, learning the nature of any medical information reported by the person who holds the driver's license or identification certificate, or learning whether the person who holds the driver's license or identification certificate has a health condition that may impede communications with the peace officer.(c) An application for an original, renewal, or duplicate driver's license or personal identification certificate must:(1) be designed to allow, but not require, the applicant to provide:(A) the name, address, and telephone number of not more than two individuals to be contacted if the applicant is injured or dies in a circumstance described by Subsection (a); and(B) in addition to health condition information voluntarily provided under Section 521.142(h), medical information described by Section 521.125(a); and(2) include a statement that:(A) describes the confidential nature of the information; and(B) states that by providing the department with the information, the applicant consents to the limited disclosure and use of the information.(d) The department shall establish and maintain on the department's Internet website forms and procedures by which the holder of a driver's license or personal identification certificate may request that the department:(1) add specific emergency contact or medical information described by Subsection (a) to the appropriate file maintained by the department; or(2) amend or delete emergency contact or medical information the holder previously provided to the department.(e) The forms and procedures maintained under Subsection (d) must comply with Subsection (c).(f) Subsection (b) does not prohibit the department from disclosing information to the holder of a driver's license or personal identification certificate who provided the information or to an authorized agent of the holder.
Added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. CLASSIFICATION OF DRIVER'S LICENSESSec. 521.081. CLASS A LICENSE. A Class A driver's license authorizes the holder of the license to operate:(1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.
Sec. 521.082. CLASS B LICENSE. (a) A Class B driver's license authorizes the holder of the license to operate:(1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds;(2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing:(A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or(B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and(3) a bus with a seating capacity of 24 passengers or more.(b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.162, except that the operator's seat is included in the computation.
Sec. 521.083. CLASS C LICENSE. A Class C driver's license authorizes the holder of the license to operate:(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.
Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 4, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 967, Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 3, eff. September 1, 2009.
SUBCHAPTER E. CLASSIFICATION OF CERTIFICATESSec. 521.101. PERSONAL IDENTIFICATION CERTIFICATE. (a) The department shall issue personal identification certificates.(b) A personal identification certificate must be similar in form to, but distinguishable in color from, a driver's license.(c) The department shall indicate "UNDER 21" on the face of a personal identification certificate issued to a person under 21 years of age.(d) The department may require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department the information required by Section 521.142.(e) The department may cancel and require surrender of a personal identification certificate after determining that the holder was not entitled to the certificate or gave incorrect or incomplete information in the application for the certificate.(f) A certificate expires on a date specified by the department, except that a certificate issued to a person 60 years of age or older does not expire.(f-1) A personal identification certificate issued to a person whose residence or domicile is a correctional facility or a parole facility expires on the first birthday of the license holder occurring after the first anniversary of the date of issuance.(g) An individual, corporation, or association may not deny the holder of a personal identification certificate access to goods, services, or facilities, except as provided by Section 521.460 or in regard to the operation of a motor vehicle, because the holder has a personal identification certificate rather than a driver's license.(h) The department shall automatically revoke each personal identification certificate issued by the department to a person who:(1) is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and(2) fails to apply to the department for renewal of the personal identification certificate as required by Article 62.060, Code of Criminal Procedure.(i) The department may issue a personal identification certificate to a person whose certificate is revoked under Subsection (h) only if the person applies for an original or renewal certificate under Section 521.103.(j) The department may not issue a personal identification certificate to a person who has not established a domicile in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.75(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1372, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1401, Sec. 5, eff. Sept. 1, 2000.Amended by: Acts 2005, 79th Leg., Ch. 1008, Sec. 2.12, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.03, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch. 1288, Sec. 4, eff. September 1, 2009.
Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR CERTAIN SEX OFFENDERS. (a) The department may issue an original or renewal personal identification certificate to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, only if the person:(1) applies in person for the issuance of a certificate under this section; and(2) pays a fee of $20.(b) A personal identification certificate issued under this section, including a renewal, duplicate, or corrected certificate, expires on the first birthday of the certificate holder occurring after the date of application, except that the initial certificate issued under this section expires on the second birthday of the certificate holder occurring after the date of application.
TRANSPORTATION CODETITLE 7. VEHICLES AND TRAFFICSUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDSCHAPTER 521. DRIVER'S LICENSES AND CERTIFICATESSUBCHAPTER A. GENERAL PROVISIONSSec. 521.001. DEFINITIONS. (a) In this chapter:(1) "Correctional facility" means:(A) a place described by Section 1.07(a)(14), Penal Code; or(B) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code.(1-a) "Department" means the Department of Public Safety.(2) "Director" means the public safety director.(3) "Driver's license" means an authorization issued by the department for the operation of a motor vehicle. The term includes:(A) a temporary license or instruction permit; and(B) an occupational license.(3-a) "Federal judge" means:(A) a judge of a United States court of appeals;(B) a judge of a United States district court;(C) a judge of a United States bankruptcy court; or(D) a magistrate judge of a United States district court.(4) "Gross combination weight rating" has the meaning assigned by Section 522.003.(5) "Gross vehicle weight rating" has the meaning assigned by Section 522.003.(6) "License" means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state. The term includes:(A) a driver's license;(B) the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license; and(C) a nonresident's operating privilege.(6-a) "Motorcycle" includes an enclosed three-wheeled passenger vehicle that:(A) is designed to operate with three wheels in contact with the ground;(B) has a minimum unladen weight of 900 lbs.;(C) has a single, completely enclosed, occupant compartment;(D) at a minimum, is equipped with:(i) seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, 49 C.F.R. Section 571.207;(ii) a steering wheel used to maneuver the vehicle;(iii) a propulsion unit located in front of or behind the enclosed occupant compartment;(iv) a seat belt for each vehicle occupant certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, 49 C.F.R. Section 571.209;(v) a windshield and one or more windshield wipers certified by the manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, 49 C.F.R. Section 571.205, and Federal Motor Vehicle Safety Standard No. 104, 49 C.F.R. Section 571.104; and(vi) a vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, 49 C.F.R. Section 571.216; and(E) is produced by its manufacturer in a minimum quantity of 300 in any calendar year.(7) "Nonresident" means a person who is not a resident of this state.(7-a) "Parole facility" means a place described by Section 508.118 or 508.119, Government Code.(8) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.(8-a) "State judge" means:(A) the judge of an appellate court, a district court, or a county court at law of this state; or(B) an associate judge appointed under Chapter 201, Family Code.(9) "Image comparison technology" means any technology that is used to compare facial images, thumbprints, or fingerprints.(b) A word or phrase that is not defined by this chapter but is defined by Subtitle C has the meaning in this chapter that is assigned by that subtitle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1108, Sec. 3, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 3, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 967, Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.01, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1288, Sec. 3, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 2, eff. September 1, 2009.
Sec. 521.002. CONVENIENCE TO PUBLIC. The department shall implement its duties under this chapter in the manner that provides the greatest convenience to the public.
Sec. 521.003. ENROLLMENT AND ATTENDANCE VERIFICATION. The Texas Education Agency shall design a standard form for use by public and private schools to verify a student's enrollment and attendance for purposes of this chapter. The form must be approved by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 16.003, eff. Sept. 1, 2003.
Sec. 521.004. PENAL CODE REFERENCES. In this chapter:(1) a reference to an offense under Section 49.04, Penal Code, includes an offense under Article 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994;(2) a reference to an offense under Section 49.07, Penal Code:(A) means only an offense under that section involving the operation of a motor vehicle; and(B) includes an offense under Section 6701l-1, Revised Statutes, as that law existed immediately before September 1, 1994; and(3) a reference to an offense under Section 49.08, Penal Code:(A) means only an offense under that section involving the operation of a motor vehicle; and(B) includes an offense under Section 19.05(a)(2), Penal Code, as that law existed immediately before September 1, 1994.
Sec. 521.005. RULEMAKING AUTHORITY. The department may adopt rules necessary to administer this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.72, eff. Sept. 1, 1997.
Sec. 521.006. ADVERTISING IN DRIVER'S HANDBOOK AND DRIVER'S LICENSE MAILINGS. (a) Except as provided by Subsection (c), the department may sell advertising for inclusion in:(1) any driver's handbook that the department publishes; and(2) any mailing the department makes in connection with a driver's license.(b) The department shall deposit the proceeds from the advertising to the credit of the driver's license administration advertising account. The driver's license administration advertising account is an account in the general revenue fund that may be appropriated only for the purpose of administration of this chapter.(c) The department may not include in the driver's handbook or a driver's license mailing advertising for an alcoholic beverage or a product promoting alcoholic beverages.
Added by Acts 1999, 76th Leg., ch. 1258, Sec. 1, eff. Aug. 30, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 154, Sec. 1, eff. May 21, 2007.
SUBCHAPTER B. GENERAL LICENSE REQUIREMENTSSec. 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.
Sec. 521.022. RESTRICTIONS ON OPERATORS OF CERTAIN SCHOOL BUSES. (a) A person under 18 years of age may not operate a school bus for the transportation of students.(b) A person who is 18 years of age or older may not operate a school bus unless the person holds an appropriate class of driver's license for the vehicle being operated.(c) A person may not operate a school bus for the transportation of students unless the person meets the mental and physical capability requirements the department establishes by rule and has passed an examination approved by the department to determine the person's mental and physical capabilities to operate a school bus safely. A physician, advanced practice nurse, or physician assistant may conduct the examination. An ophthalmologist, optometrist, or therapeutic optometrist may conduct the part of the examination relating to the person's vision. Each school bus operator must pass the examination annually.(d) A person may not operate a school bus for the transportation of students unless the person's driving record is acceptable according to minimum standards adopted by the department. A check of the person's driving record shall be made with the department annually. The minimum standards adopted by the department must provide that a person's driving record is not acceptable if the person has been convicted of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the 10-year period preceding the date of the check of the person's driving record.(e) A person may not operate a school bus for the transportation of students unless the person is certified in school bus safety education or has enrolled in a school bus safety education class under provisions adopted by the department. Effective on the date and under provisions determined by the department, a school bus operator must hold a card that states that the operator is enrolled in or has completed a driver training course approved by the department in school bus safety education. The card is valid for three years.(f) Before a person is employed to operate a school bus to transport students, the employer must obtain a criminal history record check. A school district, school, service center, or shared services arrangement, or a commercial transportation company under contract with a school district, that obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude may not employ the person to drive a school bus on which students are transported unless the employment is approved by the board of trustees of the school district or the board's designee.(g) This section does not affect the right of an otherwise qualified person with a hearing disability to be licensed, certified, and employed as a bus operator for vehicles used to transport hearing-impaired students.(h) This section does not apply to the operation of a vehicle owned by a public institution of higher education to transport students of a school district that operates within that institution if:(1) the person operating the vehicle is approved by the institution to operate the vehicle; and(2) the transportation is for a special event, including a field trip.(i) For purposes of this section, "school bus" includes a school activity bus as defined by Section 541.201.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.73(a), (b), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1438, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 663, Sec. 3, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 786, Sec. 1, eff. June 18, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 923, Sec. 1, eff. September 1, 2007.
Sec. 521.023. JUNIOR COLLEGE BUSES. (a) A person who is 18 years of age or older and who is licensed by the department to operate a motor vehicle as a school bus may operate the motor vehicle for the transportation of junior college students and employees to and from school or official school activities.(b) A school bus operated by a junior college may also be used to transport public school students if it is convenient. If students of a local public school district are transported to and from school on a bus operated by a junior college and the operator is under 21 years of age, the selection of the operator must be approved by the principal of the public school whose students are transported on that bus.(c) This section does not apply to the operator of a vehicle operated under a registration certificate issued under Chapter 643.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.74, eff. Sept. 1, 1997.
Sec. 521.024. RESTRICTIONS ON CERTAIN COMMON CARRIERS. (a) A person under 18 years of age may not operate a motor vehicle while that vehicle is in use as a public or common carrier of persons unless the person is licensed to operate the vehicle.(b) A person may not operate a taxicab unless the person is at least 18 years of age.
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer.(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200; and(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:(A) a fine of not less than $25 or more than $500;(B) confinement in the county jail for not less than 72 hours or more than six months; or(C) both the fine and confinement.(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:(1) issued to that person;(2) appropriate for the type of vehicle operated; and(3) valid at the time of the arrest for the offense.(e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section.(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 4, eff. September 1, 2007.
Sec. 521.026. DISMISSAL OF EXPIRED LICENSE CHARGE. (a) A judge may dismiss a charge of driving with an expired license if the defendant remedies this defect within 20 working days or before the defendant's first court appearance date, whichever is later.(b) The judge may assess the defendant an administrative fee not to exceed $20 when the charge of driving with an expired driver's license is dismissed under Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 5, eff. September 1, 2007.
Sec. 521.027. PERSONS EXEMPT FROM LICENSE REQUIREMENT. The following persons are exempt from the license requirement imposed under this chapter:(1) a person in the service of the state military forces or the United States while the person is operating an official motor vehicle in the scope of that service;(2) a person while the person is operating a road machine, farm tractor, or implement of husbandry on a highway, unless the vehicle is a commercial motor vehicle under Section 522.003;(3) a nonresident on active duty in the armed forces of the United States who holds a license issued by the person's state or Canadian province of residence; and(4) a person who is the spouse or dependent child of a nonresident exempt under Subdivision (3) and who holds a license issued by the person's state or Canadian province of residence.
Sec. 521.028. EFFECT OF MILITARY SERVICE ON LICENSE REQUIREMENT. (a) Unless the license is suspended, canceled, or revoked as provided by law, a driver's license issued by this state that is held by a person who is on active duty in the armed forces of the United States and is absent from this state, notwithstanding the expiration date of the license, remains valid while the person is absent from this state. If the person is honorably discharged from active duty, the license remains valid until the earlier of:(1) the 91st day after the date of the discharge; or(2) the date on which the person returns to this state.(b) A person on active duty in the armed forces of the United States who has in the person's possession a license issued in a foreign country by the armed forces of the United States may operate a motor vehicle in this state for a period of not more than 90 days after the date on which the person returns to the United States.
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE RESIDENTS. (a) A person who enters this state as a new resident may operate a motor vehicle in this state for no more than 90 days after the date on which the person enters this state if the person:(1) is 16 years of age or older; and(2) has in the person's possession a driver's license issued to the person by the person's state or country of previous residence.(b) If a person subject to this section is prosecuted for operating a motor vehicle without a driver's license, the prosecution alleges that the person has resided in this state for more than 90 days, and the person claims to have been covered by Subsection (a), the person must prove by the preponderance of the evidence that the person has not resided in this state for more than 90 days.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.01, eff. June 19, 2009.
Sec. 521.030. RECIPROCAL LICENSE. (a) A nonresident who is 18 years of age or older and who has in the person's possession a license issued to the person by the person's state or country of residence that is similar to a Class A or Class B driver's license issued under this chapter is not required to hold a Class A or Class B driver's license issued under this chapter if that state or country of residence recognizes such a license issued by this state and exempts the holder from securing a license issued by the state or foreign country.(b) A nonresident who is 16 years of age or older and who has in the person's possession a driver's license issued to the person by the person's state or Canadian province of residence may operate a type of motor vehicle that is permitted to be operated with a Class C or Class M driver's license in this state if the license held by the nonresident permits operation of that type of vehicle in the person's state or province of residence.
Sec. 521.0305. AGREEMENTS WITH FOREIGN COUNTRIES. (a) The department may enter into an agreement with a foreign country under which:(1) a person who is 18 years of age or older and who has in the person's possession a license issued to the person by that country that is similar to a Class C driver's license issued under this chapter may receive a Class C driver's license issued in a priority manner under this chapter; and(2) a person who is 18 years of age or older and who has in the person's possession a Class C driver's license issued under this chapter may receive a license similar to a Class C driver's license issued in a priority manner from the foreign country.(b) The department may only enter into an agreement with a country under Subsection (a) if:(1) the foreign country and this state are both parties to a reciprocity agreement in driver licensing; and(2) the foreign country's motor vehicle laws, ordinances, and administrative rules and regulations are similar to those of this state, as determined by the department.(c) A person who is not a citizen of the United States must present to the department documentation issued by the United States agency responsible for citizenship and immigration authorizing the person to be in the United States before the person may be issued a driver's license under an agreement under this section.
Added by Acts 2005, 79th Leg., Ch. 1228, Sec. 1, eff. June 18, 2005.
Sec. 521.031. LICENSE FROM OTHER AUTHORITY. A person holding a driver's license under this chapter is not required to obtain a license for the operation of a motor vehicle from another state authority or department.
Sec. 521.032. ENHANCED DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) The department may issue an enhanced driver's license or personal identification certificate for the purposes of crossing the border between this state and Mexico to an applicant who provides the department with proof of United States citizenship, identity, and state residency. If the department issues an enhanced driver's license or personal identification certificate, the department shall continue to issue a standard driver's license and personal identification certificate and offer each applicant the option of receiving the standard or enhanced driver's license or personal identification certificate.(b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or personal identification certificate. An applicant for an enhanced driver's license or personal identification certificate must submit a biometric identifier as designated by the department, which, notwithstanding any other law, may be used only to verify the identity of the applicant for purposes relating to implementation of the border crossing initiative established by this section. An applicant must sign a declaration acknowledging the applicant's understanding of the one-to-many biometric match.(c) The enhanced driver's license or personal identification certificate must include reasonable security measures to protect the privacy of the license or certificate holders, including reasonable safeguards to protect against the unauthorized disclosure of information about the holders. If the enhanced driver's license or personal identification certificate includes a radio frequency identification chip or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized information access.(d) The requirements of this section are in addition to any other requirements imposed on applicants for a driver's license or personal identification certificate. The department shall adopt rules necessary to implement this section. The department shall periodically review technological innovations related to the security of driver's licenses and personal identification certificates and amend the rules as appropriate, consistent with this section, to protect the privacy of driver's license and personal identification certificate holders.(e) The department may set a fee for issuance of an enhanced driver's license or personal identification certificate in a reasonable amount necessary to implement and administer this section.(f) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between this state and Mexico. The department may enter into an agreement with Mexico, to the extent permitted by federal law, to implement a border crossing initiative authorized by this section. The department shall implement a statewide education campaign to educate residents of this state about the border crossing initiative. The campaign must include information on:(1) the forms of travel for which the existing and enhanced driver's license and personal identification certificate can be used; and(2) relevant dates for implementation of laws that affect identification requirements at the border with Mexico.(g) A person may not sell or otherwise disclose biometric information accessed from an enhanced driver's license or any information from an enhanced driver's license radio frequency identification chip or similar technology to another person or an affiliate of the person. This subsection does not apply to a financial institution described by Section 521.126(e).
Added by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 21.01, eff. September 1, 2007.
SUBCHAPTER C. DEPARTMENT LICENSE RECORDSSec. 521.041. APPLICATION RECORDS; RECORDS OF DENIAL, SUSPENSION, CANCELLATION, OR REVOCATION. (a) The department shall record each driver's license application received by the department.(b) The department shall maintain suitable indexes, in alphabetical or numerical order, that contain:(1) each denied application and the reasons for the denial;(2) each application that is granted; and(3) the name of each license holder whose license has been suspended, canceled, or revoked and the reasons for that action.(c) The department shall maintain the application records for personal identification certificates in the manner required for license applications under this section.
Sec. 521.042. ACCIDENT AND CONVICTION REPORTS; INDIVIDUAL RECORDS. (a) Except as provided by this section, the department shall record each accident report and abstract of the court record of a conviction received by the department under a law of this state.(b) The records must enable the department to consider, on receipt of a renewal application and at other suitable times, the record of each license holder that shows any:(1) conviction of that license holder; and(2) traffic accident in which the license holder has been involved.(c) The record of a license holder who is employed as a peace officer, fire fighter, or emergency medical services employee of this state, a political subdivision of this state, or a special purpose district may not include information relating to a traffic accident that occurs during an emergency while the peace officer, fire fighter, or emergency medical services employee is driving an official vehicle in the course and scope of the license holder's official duties.(d) Before issuing or renewing a license, the department shall examine the record of the applicant for information relating to a conviction of a traffic violation or involvement in a traffic accident. The department may not issue or renew a license if the department determines that the issuance or renewal of the license would be inimical to the public safety.(e) The director may maintain records required under this subchapter on microfilm or computer.
Sec. 521.043. ELIMINATION OF CERTAIN UNNECESSARY RECORDS. The department is not required to maintain records relating to a person if the director decides that the records are no longer necessary, except that the department shall maintain a record of a conviction as long as the record may be used:(1) as grounds for a license cancellation, suspension, revocation, or denial; or(2) in conjunction with other records of convictions, to establish that a person is a frequent violator of traffic laws.
Sec. 521.044. USE OR DISCLOSURE OF SOCIAL SECURITY NUMBER INFORMATION. (a) Information provided on a driver's license application that relates to the applicant's social security number may be used only by the department or disclosed only to:(1) the child support enforcement division of the attorney general's office;(2) another state entity responsible for enforcing the payment of child support;(3) the United States Selective Service System as provided by Section 521.147; or(4) the unclaimed property division of the comptroller's office.(b) The department shall enter an applicant's social security number in the department's electronic database but may not print the number on the applicant's driver's license.(c) On the request of a state entity responsible for investigating or enforcing the payment of child support, the department shall disclose information regarding an applicant's social security number.(d) Information disclosed under this section may be used by a state entity responsible for enforcing the payment of child support only to implement the duties of the state entity.(e) The department shall include in the department's legislative appropriations requests and budgets, in quarterly performance reports, and in audits of the department's local offices performance measures on the percentage of complete and correct social security numbers on driver's licenses.(f) This section does not prohibit the department from requiring an applicant for a driver's license to provide the applicant's social security number.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 420, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 77, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 973, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 232, Sec. 9, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 232, Sec. 10, eff. September 1, 2009.
Sec. 521.0445. NOTICE REGARDING SUSPENSION OF LICENSE FOR NONPAYMENT OF CHILD SUPPORT. The department shall include in each notice sent to a driver's license holder a statement advising a holder who is delinquent in the payment of child support to make satisfactory arrangements with the office of the attorney general to correct the delinquency and that failure to contact the attorney general or to make satisfactory arrangements may result in the commencement by the attorney general of procedures to suspend the holder's driver's license.
Added by Acts 1997, 75th Leg., ch. 420, Sec. 29, eff. Sept. 1, 1997.
Sec. 521.045. DISCLOSURE OF CERTAIN INFORMATION RELATING TO INDIVIDUAL OPERATOR. On receipt of a written request and payment of a $4 fee, the department may disclose information relating to an individual's date of birth, current license status, and most recent address, as shown in the department's records, to a person who:(1) is eligible to receive the information under Chapter 730; and(2) submits to the department the individual's driver's license number or the individual's full name and date of birth.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 7, eff. Sept. 1, 1997.
Sec. 521.046. DISCLOSURE OF ACCIDENT AND CONVICTION INFORMATION. (a) In addition to the information authorized to be released under Section 521.045, on receipt of a written request and payment of a $6 fee, the department may disclose that information and information regarding each reported motor vehicle moving violation, as defined by department rule, resulting in a traffic law conviction and each motor vehicle accident in which the individual received a citation, by date and location, within the three years preceding the date of the request, to a person who:(1) is eligible to receive the information under Chapter 730; and(2) submits to the department the individual's driver's license number or the individual's full name and date of birth.(b) If the department receives requests for information under this section in quantities of 100 or more from a single person at one time and on data processing request forms acceptable to the department, the department may reduce the fee to $5 for each individual request.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 356, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1187, Sec. 8, eff. Sept. 1, 1997.
Sec. 521.047. DISCLOSURE OF INFORMATION TO LICENSE HOLDER. (a) The department may disclose information relating to a license holder to that license holder on receipt of a written request that includes the individual's driver's license number or the individual's full name and date of birth, and payment of a $7 fee.(b) The department may disclose information as recorded in department records that relates to:(1) the individual's date of birth;(2) the current license status of the individual;(3) the individual's most recent address;(4) the completion of an approved driver education course by the individual;(5) the fact of, but not the reason for, completion of a driver safety course by the individual; and(6) each of the individual's reported traffic law violations and motor vehicle accidents, by date and location.
Sec. 521.0475. DISCLOSURE OF ABSTRACT RECORD. (a) Except as provided by Subsection (b) or (c), the department shall provide a certified abstract of a complete driving record of a license holder, for a fee of $20, to the license holder or a person eligible to receive the information under Sections 730.007(a)(2)(A), (D), and (I).(b) If an abstract of a complete driving record does not exist for a license holder, the department shall provide a person making a request under Subsection (a) a certified statement to that effect.(c) If the department provides information under Subsection (a) or (b) through the system described by Section 521.055, the information may not be marked as certified.
Added by Acts 2003, 78th Leg., ch. 991, Sec. 2, eff. Sept. 1, 2003.
Sec. 521.048. CERTIFIED INFORMATION. The department may disclose information under Section 521.046 or 521.047 that is certified by the custodian of records on payment of a $10 fee for each individual request.
Sec. 521.0485. REQUESTS FOR INFORMATION BY MAIL OR ELECTRONIC MEANS. (a) The department by rule may provide that the holder of a driver's license issued by the department may submit a request for information under Sections 521.045-521.048 by mail, by telephone, over the Internet, or by other electronic means.(b) A rule adopted under Subsection (a):(1) may prescribe eligibility standards for release of the requested information; and(2) may not conflict with any provision of this chapter or another law that relates to the release of the information by the department.
Added by Acts 2001, 77th Leg., ch. 866, Sec. 1, eff. Sept. 1, 2001.
Sec. 521.049. INFORMATION SUPPLIED TO CERTAIN GOVERNMENTAL ENTITIES. (a) The department shall disclose information relating to the name, date of birth, and most recent address as shown in department records to the Texas Department of Health during an emergency or epidemic declared by the commissioner of health to notify individuals of the need to receive certain immunizations.(b) The department may not charge a fee for information disclosed to a law enforcement agency or other governmental agency for an official purpose, except that the department may charge its regular fees for information provided to those governmental agencies in bulk for research projects.(c) The department may make information from driver's license record files, including class-type listings, available to an official of the United States, the state, or a political subdivision of this state for government purposes only.(d) To assist chief appraisers in determining the eligibility of individuals for residence homestead exemptions from ad valorem taxation under Section 11.13, Tax Code, the department shall provide, without charge, to the chief appraiser of each appraisal district in this state:(1) a copy of each driver's license record or personal identification certificate record held by the department; or(2) information relating to the name, date of birth, driver's license or personal identification certificate number, and most recent address as shown in the records of individuals included in the department's driver's license or personal identification certificate records.(e) A driver's license record or personal identification certificate record provided under Subsection (d)(1) may not include information relating to an individual's social security number or any accident or conviction information about an individual.(f) The department shall respond to a request for a driving record check received from another state under 49 C.F.R. Section 384.206 within 30 days of the date of the request.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 424, Sec. 1, eff. January 1, 2008.Acts 2007, 80th Leg., R.S., Ch. 766, Sec. 1, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(104), eff. September 1, 2009.
Sec. 521.050. SALE OF LICENSE INFORMATION. (a) In addition to the provisions of this subchapter relating to the disclosure of driver's license information on an individual, the department may provide a purchaser with a magnetic tape of the names, addresses, and dates of birth of all license holders that are contained in the department's basic driver's license record file if the purchaser certifies in writing that the purchaser is eligible to receive the information under Chapter 730.(b) The department may also periodically provide to the purchaser of the information any addition to that file.(c) The department shall impose and collect a fee of:(1) $2,000 for each magnetic tape provided under Subsection (a); and(2) if the department provides a weekly update of the information on the tape, $75 for each update.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 9, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 2, eff. Sept. 1, 2001.
Sec. 521.051. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED. The department may not disclose class-type listings from the basic driver's license record file to any person except as provided by Section 521.049(c), regardless of whether the requestor is eligible to receive the information under Chapter 730.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 10, eff. Sept. 1, 1997.
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION PROHIBITED. Except as provided by Sections 521.045, 521.046, 521.0475, 521.049(c), and 521.050, and by Chapter 730, the department may not disclose information from the department's files that relates to personal information, as that term is defined by Section 730.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 11, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 991, Sec. 3, eff. Sept. 1, 2003.
Sec. 521.053. COMMERCIAL DRIVER'S LICENSE INFORMATION. (a) The department may provide to any person the information specified by Section 521.045, 521.046, 521.0475, or 521.047, for the fee required by those sections, that relate to the holder of or applicant for a commercial driver's license under Chapter 522 if the person is eligible to receive the information under Chapter 730.(b) If the information is provided through the commercial driver license information system, the fee for this service is the fee specified in the applicable section plus $2.(c) The department may provide information under Subsection (a) through the system described by Section 521.055.(d) The department may provide information maintained under Section 644.252 that relates to a holder of a commercial driver's license under Chapter 522 to the holder, the holder's current employer, or a person acting on behalf of the employer if the department receives the holder's specific written consent to the release of information.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 12, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 991, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 9, Sec. 1, eff. September 1, 2005.
Sec. 521.054. NOTICE OF CHANGE OF ADDRESS OR NAME. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 2 (a) This section applies to a person who:(1) after applying for or being issued a license or certificate moves to a new residence address;(2) has used the procedure under Section 521.121(c) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable; or(3) changes the person's name by marriage or otherwise. Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.02 (a) This section applies to a person who:(1) after applying for or being issued a license or certificate moves to a new residence address;(2) has used the procedure under Section 521.121(d) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable; or(3) changes the person's name by marriage or otherwise.(b) A person subject to this section shall notify the department of the change not later than the 30th day after the date on which the change takes effect and apply for a duplicate license or certificate as provided by Section 521.146. The duplicate license must include the person's current residence address.(c) A person changing the person's address shall notify the department of the old and new addresses and the number of the license or certificate held by the person. A person changing the person's name shall notify the department of the former and new names and the number of the license or certificate held by the person.(d) A court may dismiss a charge for a violation of this section if the defendant remedies the defect not later than the 20th working day after the date of the offense and pays an administrative fee not to exceed $20. The court may waive the administrative fee if the waiver is in the interest of justice.(e) Repealed by Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.(f) Repealed by Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1249, Sec. 1, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1249, Sec. 3(1), eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 6, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 316, Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13A.02, eff. September 1, 2009.
Sec. 521.055. ESTABLISHMENT OF INTERACTIVE SYSTEM. (a) The department may establish a system, separate from the department's mainframe computer, that will allow interactive access to certain driver's license record information.(b) The system may provide for the release of driving records described in:(1) Section 521.045;(2) Section 521.046;(3) Section 521.047; and(4) Section 521.0475.(c) The fee for a driving record under Subsection (b)(1) is $2.50. The fee for a driving record under Subsection (b)(2) is $4.50. The fee for a driving record under Subsection (b)(3) is $5.50. The fee for a driving record under Subsection (b)(4) is $20.(d) Repealed by Acts 2003, 78th Leg., ch. 1325, Sec. 11.10.(e) The department may contract with private vendors as necessary to implement this section.(f) The department may adopt rules as necessary to administer this section.(g) For purposes of this section, a release of information to persons eligible to receive the information under Chapter 730 occurs each time a query is made of the system.
Added by Acts 1997, 75th Leg., ch. 1365, Sec. 1, eff. June 20, 1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 991, Sec. 5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 11.10, eff. Sept. 1, 2003.
Sec. 521.056. NATIONAL DRIVER REGISTER. (a) The department may process file check requests under the National Driver Register on behalf of current or prospective employers of individuals employed or seeking employment as operators of motor vehicles or railway locomotive operators if the individual:(1) has given written consent to the release of the information; and(2) has a license in this state.(b) The fee for a request under Subsection (a) is $4.(c) The department shall forward a request made under Subsection (a) directly to the current or prospective employer.(d) The department shall assist and provide procedures for an individual to obtain information from the National Driver Register on the individual's own driving record. The department may by rule establish a reasonable fee for this service, in conformity with the policies of the National Driver Register.(e) The department may adopt forms and rules as necessary to carry out the purposes of this section and comply with the policies of the National Driver Register.
Added by Acts 1997, 75th Leg., ch. 1365, Sec. 1, eff. June 20, 1997.
Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS. (a) On receipt of a court order issued under Article 42.016, Code of Criminal Procedure, the department shall ensure that any driver's license record or personal identification certificate record maintained by the department for the person includes an indication that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.(b) The department shall include the indication required by Subsection (a) in any driver's license record or personal identification certificate record maintained by the department for the person until the expiration of the person's duty to register under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
Added by Acts 1999, 76th Leg., ch. 1401, Sec. 4, eff. Sept. 1, 2000.
Sec. 521.058. DISPOSITION OF FEES. Each fee collected under this subchapter shall be deposited to the credit of the Texas mobility fund.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 11.01, eff. Sept. 1, 2003.
Sec. 521.059. IMAGE VERIFICATION SYSTEM. (a) The department shall establish an image verification system based on the following identifiers collected by the department:(1) an applicant's facial image; and(2) an applicant's thumbprints or fingerprints.(b) The department shall authenticate the facial image and thumbprints or fingerprints provided by an applicant for a personal identification certificate, driver's license, or commercial driver's license or permit using image comparison technology to ensure that the applicant:(1) is issued only one original license, permit, or certificate;(2) does not fraudulently obtain a duplicate license, permit, or certificate; and(3) does not commit other fraud in connection with the application for a license, permit, or certificate.(c) The department shall use the image verification system established under this section only to the extent allowed by Chapter 730, Transportation Code, to aid other law enforcement agencies in:(1) establishing the identity of a victim of a disaster or crime that a local law enforcement agency is unable to establish; or(2) conducting an investigation of criminal conduct.(d) The department shall provide a statistical report annually to the legislature describing the rate of error presented in the image verification system, including the rate of incorrect matching of facial images, categorized by race. This subsection expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch. 1108, Sec. 4, eff. September 1, 2005.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, see other Sec. 521.060.Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The department by rule shall establish a system for identifying unique addresses that are submitted in license or certificate applications under this chapter or Chapter 522 in a frequency or number that, in the department's determination, casts doubt on whether the addresses are the actual addresses where the applicants reside.(b) The department may contract with a third-party personal data verification service to assist the department in implementing this section.(c) The department shall investigate the validity of addresses identified under Subsection (a).(d) The department may disclose the results of an investigation under Subsection (c) to a criminal justice agency for the purposes of enforcing Section 521.4565 or other provisions of this chapter or Chapter 522.(e) In this section, "criminal justice agency" has the meaning assigned by Article 60.01, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, eff. September 1, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, eff. June 19, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, see other Sec. 521.060.Sec. 521.060. DRIVER RECORD MONITORING PILOT PROGRAM. (a) The department by rule may establish a driver record monitoring pilot program. The term of the pilot program may not exceed one year.(b) Under the pilot program, the department may enter into a contract with a person to provide driver record monitoring services, as described by Subsection (c), and certain information from the department's driver's license records to the person, if the person:(1) is an employer, an insurer, an insurance support organization, an employer support organization, or an entity that self-insures its motor vehicles; and(2) is eligible to receive the information under Chapter 730.(c) A contract entered into by the department must require:(1) the department, during the term of the contract, to:(A) monitor the driver record of each holder of a driver's license issued by the department that is requested by the person with whom the department has contracted;(B) identify any change in the status of a driver's license or any conviction for a traffic offense reported to the department during the monitoring period; and(C) periodically, as specified in the contract, provide reports of those individuals identified as having a change in status or convictions to the person with whom the department has contracted; and(2) the person with whom the department has contracted:(A) to purchase under Section 521.046 a copy of the driver record of each individual identified in a report provided under Subdivision (1)(C);(B) to warrant that:(i) the person will not directly or indirectly disclose information received from the department under the contract to a third party without the express written consent of the department, except as required by law or legal process; and(ii) if a disclosure is required by law or legal process, the person will immediately notify the department so that the department may seek to oppose, limit, or restrict the required disclosure; and(C) if the person is an insurance support organization, to warrant that the person will not seek to obtain information about a holder of a driver's license under the contract unless the license holder is insured by a client of the organization, and that the person will provide the department with the name of each client to whom the insurance support organization provides information received from the department under the contract.(d) The attorney general may file a suit against a person with whom the department has contracted under this section for:(1) injunctive relief to prevent or restrain the person from violating a term of the contract or from directly or indirectly disclosing information received from the department under the contract in a manner that violates the terms of the contract; or(2) a civil penalty in an amount not to exceed $2,000 for each disclosure in violation of those terms.(e) If the attorney general brings an action against a person under Subsection (d) and an injunction is granted against the person or the person is found liable for a civil penalty, the attorney general may recover reasonable expenses, court costs, investigative costs, and attorney's fees. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under Subsection (d).(f) A violation of the terms of a contract entered into with the department by the person with whom the department has contracted is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, Business & Commerce Code.(g) A civil action brought under this section shall be filed in a district court:(1) in Travis County; or(2) in any county in which the violation occurred.(h) A person with whom the department has contracted under this section commits an offense if the person directly or indirectly discloses information received from the department under the contract in a manner that violates the terms of the contract. An offense under this subsection is a Class B misdemeanor. If conduct constituting an offense under this subsection also constitutes an offense under another law, the actor may be prosecuted under this subsection, the other law, or both.(i) The department shall impose a fee on each person with whom the department contracts under this section for the services provided by the department under the contract. The fee must be reasonable and be not less than the amount necessary to allow the department to recover all reasonable costs to the department associated with entering into the contract and providing services to the person under the contract, including direct, indirect, and administrative costs and costs related to the development and deployment of the pilot program.(j) The department may establish a reasonable deadline by which a person must apply to enter into a contract with the department under this section and may not enter into a contract with a person who fails to apply before that deadline.(k) To the fullest extent practicable, the services of the department under a contract entered into under this section shall be provided by, through, or in conjunction with the interactive system established under Section 521.055.(l) At the conclusion of the term of the pilot program, and on the recommendation of the department, the commission may authorize the department to implement the pilot program as a permanent program.(m) Before the department recommends that the pilot program be implemented as a permanent program, the department shall submit to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report that contains an analysis of the scope, effectiveness, and cost benefits of the pilot program. The report must include:(1) a list of each insurance support organization with which the department has contracted under this section; and(2) a list of each client to whom the insurance support organization has provided information received from the department under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, eff. September 1, 2009.Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, eff. June 19, 2009.
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.07, see other Sec. 521.060.For text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.02, see other Sec. 521.060.Sec. 521.060. EMERGENCY CONTACT AND MEDICAL INFORMATION DATABASES. (a) The department shall maintain in its files a record of the name, address, and telephone number of each individual identified by the holder of a driver's license or personal identification certificate as an individual the holder authorizes to be contacted in the event that the holder is injured or dies in or as a result of a vehicular accident or another emergency situation. In addition, the department shall maintain in its files a record of any medical information described by Section 521.125(a) that is provided to the department under Subsection (c) or any health condition information that is voluntarily provided to the department under Section 521.142(h).(b) A record maintained by the department under Subsection (a) is confidential and, on request, may be disclosed:(1) only to a peace officer in this or another state;(2) only if the peace officer is otherwise authorized to obtain information in the driver's license or personal identification certificate files of the department; and(3) only for the purpose, as applicable, of making contact with a named individual to report the injury to or death of the holder of the driver's license or personal identification certificate, learning the nature of any medical information reported by the person who holds the driver's license or identification certificate, or learning whether the person who holds the driver's license or identification certificate has a health condition that may impede communications with the peace officer.(c) An application for an original, renewal, or duplicate driver's license or personal identification certificate must:(1) be designed to allow, but not require, the applicant to provide:(A) the name, address, and telephone number of not more than two individuals to be contacted if the applicant is injured or dies in a circumstance described by Subsection (a); and(B) in addition to health condition information voluntarily provided under Section 521.142(h), medical information described by Section 521.125(a); and(2) include a statement that:(A) describes the confidential nature of the information; and(B) states that by providing the department with the information, the applicant consents to the limited disclosure and use of the information.(d) The department shall establish and maintain on the department's Internet website forms and procedures by which the holder of a driver's license or personal identification certificate may request that the department:(1) add specific emergency contact or medical information described by Subsection (a) to the appropriate file maintained by the department; or(2) amend or delete emergency contact or medical information the holder previously provided to the department.(e) The forms and procedures maintained under Subsection (d) must comply with Subsection (c).(f) Subsection (b) does not prohibit the department from disclosing information to the holder of a driver's license or personal identification certificate who provided the information or to an authorized agent of the holder.
Added by Acts 2009, 81st Leg., R.S., Ch. 1362, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. CLASSIFICATION OF DRIVER'S LICENSESSec. 521.081. CLASS A LICENSE. A Class A driver's license authorizes the holder of the license to operate:(1) a vehicle with a gross vehicle weight rating of 26,001 pounds or more; or(2) a combination of vehicles that has a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of any vehicle or vehicles in tow is more than 10,000 pounds.
Sec. 521.082. CLASS B LICENSE. (a) A Class B driver's license authorizes the holder of the license to operate:(1) a vehicle with a gross vehicle weight rating that is more than 26,000 pounds;(2) a vehicle with a gross vehicle weight rating of 26,000 pounds or more towing:(A) a vehicle, other than a farm trailer, with a gross vehicle weight rating that is not more than 10,000 pounds; or(B) a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds; and(3) a bus with a seating capacity of 24 passengers or more.(b) For the purposes of Subsection (a)(3), seating capacity is computed in accordance with Section 502.162, except that the operator's seat is included in the computation.
Sec. 521.083. CLASS C LICENSE. A Class C driver's license authorizes the holder of the license to operate:(1) a vehicle or combination of vehicles not described by Section 521.081 or 521.082; and(2) a vehicle with a gross vehicle weight rating of less than 26,001 pounds towing a farm trailer with a gross vehicle weight rating that is not more than 20,000 pounds.
Sec. 521.085. TYPE OF VEHICLE AUTHORIZED. (a) Unless prohibited by Chapter 522, and except as provided by Subsection (b), the license holder may operate any vehicle of the type for which that class of license is issued and any lesser type of vehicle other than a motorcycle or moped.(b) Subsection (a) does not prohibit a license holder from operating a lesser type of vehicle that is a motorcycle described by Section 521.001(a)(6-a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 722, Sec. 4, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 967, Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1391, Sec. 3, eff. September 1, 2009.
SUBCHAPTER E. CLASSIFICATION OF CERTIFICATESSec. 521.101. PERSONAL IDENTIFICATION CERTIFICATE. (a) The department shall issue personal identification certificates.(b) A personal identification certificate must be similar in form to, but distinguishable in color from, a driver's license.(c) The department shall indicate "UNDER 21" on the face of a personal identification certificate issued to a person under 21 years of age.(d) The department may require each applicant for an original, renewal, or duplicate personal identification certificate to furnish to the department the information required by Section 521.142.(e) The department may cancel and require surrender of a personal identification certificate after determining that the holder was not entitled to the certificate or gave incorrect or incomplete information in the application for the certificate.(f) A certificate expires on a date specified by the department, except that a certificate issued to a person 60 years of age or older does not expire.(f-1) A personal identification certificate issued to a person whose residence or domicile is a correctional facility or a parole facility expires on the first birthday of the license holder occurring after the first anniversary of the date of issuance.(g) An individual, corporation, or association may not deny the holder of a personal identification certificate access to goods, services, or facilities, except as provided by Section 521.460 or in regard to the operation of a motor vehicle, because the holder has a personal identification certificate rather than a driver's license.(h) The department shall automatically revoke each personal identification certificate issued by the department to a person who:(1) is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and(2) fails to apply to the department for renewal of the personal identification certificate as required by Article 62.060, Code of Criminal Procedure.(i) The department may issue a personal identification certificate to a person whose certificate is revoked under Subsection (h) only if the person applies for an original or renewal certificate under Section 521.103.(j) The department may not issue a personal identification certificate to a person who has not established a domicile in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.75(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1372, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1401, Sec. 5, eff. Sept. 1, 2000.Amended by: Acts 2005, 79th Leg., Ch. 1008, Sec. 2.12, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 13.03, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch. 1288, Sec. 4, eff. September 1, 2009.
Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR CERTAIN SEX OFFENDERS. (a) The department may issue an original or renewal personal identification certificate to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, only if the person:(1) applies in person for the issuance of a certificate under this section; and(2) pays a fee of $20.(b) A personal identification certificate issued under this section, including a renewal, duplicate, or corrected certificate, expires on the first birthday of the certificate holder occurring after the date of application, except that the initial certificate issued under this section expires on the second birthday of the certificate holder occurring after the date of application.
