151 terms

Texas traffic code

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Authorized emergency vehicle
(A) FMS or PD vehicle
(B) Public or private ambulance operated by a person who has been issued a license by the Department of State health services
(C) private vehicle of a volunteer/employee EMS or FD responding to a fire alarm or medical emergency
(D) blood or tissue bank vehicle when making emergency deliveries.
(E) vehicle used for LE purposes that is owned/leased by a federal gov. entity
Bicycle
means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter.
Bus
(A) a motor vehicle used to transport persons and designed to accommodate 10+ passengers or
(B) a motor vehicle, other than a taxicab, designed and used to transport persons for compensation.
Farm tractor
means a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry, including a plow or a mowing machine.
House trailer
means a trailer or semitrailer, other than a towable RV
(A) is transportable on a highway in one or more sections;
(B)< 40 feet in length, excluding tow bar, while in the traveling mode;
(C) is built on a permanent chassis;
(D) is designed to be used as a dwelling or for commercial purposes if connected to required utilities; and
(E) includes plumbing, heating, air-conditioning, and electrical systems.
Implement of husbandry
means a vehicle, other than a passenger car or truck, that is designed and adapted for use as a farm implement, machinery, or tool for tilling the soil.
Light truck
means a truck, including a pickup truck, panel delivery truck, or carryall truck, that has a manufacturer's rated carrying capacity of 2,000 pounds or less.
Moped
means a motor-driven cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which:
(A) cannot produce more than two-brake horsepower; and
(B) if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears.
Motorcycle
means a motor vehicle, other than a tractor, that is equipped with a rider's saddle and designed to have when propelled not more than three wheels on the ground.
Motor-driven cycle
means a motorcycle equipped with a motor that has an engine piston displacement of 250 cubic centimeters or less.
Motor vehicle
means a self-propelled vehicle or a vehicle that is propelled by electric power from overhead trolley wires.
Multifunction school bus activity bus
motor vehicle;
(1) manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture other than the standards requiring the bus to display alternately flashing red lights and to be equipped with movable stop arms and
(2)that is used to transport preprimary, primary, or secondary students on a school-related activity trip other than on routes to and from school.

*The term does not include a school bus, a school activity bus, a school-chartered bus, or a bus operated by a mass transit authority.
Passenger Car
motor vehicle, other than a motorcycle, used to transport persons and designed to accommodate 10 or fewer passengers, including the operator.
Pole trailer
means a vehicle without motive power:
(A) designed to be drawn by another vehicle and secured to the other vehicle by pole, reach, boom, or other security device; and
(B) ordinarily used to transport a long or irregularly shaped load, including poles, pipes, or structural members, generally capable of sustaining themselves as beams between the supporting connections.
Police vehicle
means a vehicle used by a peace officer
Road Tractor
means a motor vehicle designed and used to draw another vehicle but not constructed to carry a load independently or a part of the weight of the other vehicle or its load.
School activity bus
(1)A bus designed to accommodate 15+ passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and
(2)that is used to transport public school students on a school-related activity trip, other than on routes to and from school.

*The term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multifunction school activity bus.
School bus
motor vehicle;
(1) manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport pre-primary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school.

*The term does not include a school-chartered bus or a bus operated by a mass transit authority.
Semi-trailer
means a vehicle with or without motive power, other than a pole trailer:
(A) designed to be drawn by a motor vehicle and to transport persons or property; and
(B) constructed so that part of the vehicle's weight and load rests on or is carried by another vehicle.
Special mobile equipment
means a vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway.
1. Ditch digging apparatus, maintenance machinery etc
Towable Recreational vehicle
means a nonmotorized vehicle that:
(i)is designed to be towable by a motor vehicle; and
(ii) for temporary human habitation for uses including recreational camping or seasonal use;
(B) is permanently built on a single chassis;
(C) may contain one or more life-support systems; and
(D) may be used permanently or temporarily for advertising, selling, displaying, or promoting merchandise or services, but is not used for transporting property for hire or for distribution by a private carrier.
Trailer
means a vehicle, other than a pole trailer, with or without motive power:
(A) designed to be drawn by a motor vehicle and to transport persons or property; and
(B) constructed so that no part of the vehicle's weight and load rests on the motor vehicle.
Truck
means a motor vehicle designed, used, or maintained primarily to transport property.
Truck tractor
means a motor vehicle designed and used primarily to draw another vehicle but not constructed to carry a load other than a part of the weight of the other vehicle and its load.
Vehicle
means a device that can be used to transport or draw persons or property on a highway.

*The term does not include:
(A) a device exclusively used on stationary rails or tracks; or
(B) manufactured housing as that term is defined by Chapter 1201, Occupations Code.
Electric bicycle
means a bicycle that:
(A) is designed to be propelled by an electric motor, exclusively or in combination with the application of human power;
(B) cannot attain a speed of more than 20 miles per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.
Person
means an individual, firm, partnership, association, or corporation or other private entity that does not include this state or an agency of this state
Motor carrier
means an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport persons or cargo over road or highway in this state.
Operator
means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle. or
Owner
means, as used in reference to a vehicle, a person who has a property interest in or title to a vehicle.
(A) includes a person entitled to use and possess a vehicle subject to a security interest; and
(B) excludes a lienholder and a lessee whose lease is not intended as security.
Pedestrian
means a person on foot.
School crossing guard
means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school.
Department
means the Department of Public Safety acting directly or through its authorized officers and agents.
Director
means the public safety director.
Local authority
(A) a county, municipality, or other local entity authorized to enact traffic laws under the laws of this state; or
(B) a school district created under the laws of this state only when it is designating school crossing guards for schools operated by the district.
Police officer
means an officer authorized to direct traffic or arrest persons who violate traffic regulations.
State
when referring to a part of the United States, includes any state, district, commonwealth, territory, and insular possession of the United States and any area subject to the legislative authority of the United States of America.
Metropolitan areas
1) contains at least one municipality with a population of at least 100,000; and
(2) includes the adjacent municipalities and unincorporated urban districts.
Restricted districts(Business district)
means the territory adjacent to and including a highway if buildings used for business or industrial purposes, including a building used as a hotel, bank, office building, public building, or railroad station:
(A) are located within a 600-foot segment along the highway; and
(B) within that segment the buildings occupy at least 300 feet of frontage:
(i) on one side of the highway; or
(ii) collectively on both sides of the highway.
Restricted districts(Residence district)
means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with:
(A) residences; or
(B) buildings used for business purposes and residences.
Restricted districts(Urban district)
means the territory adjacent to and including a highway, if the territory:
(A) is not in a municipality; and
(B) is improved with structures that are used for business, industry, or dwelling houses and located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway.
Personal injury
means an injury to any part of the human body and that requires treatment.
Non resident
means a person who is not there is not a resident of this state.
Traffic
means pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel.
Alley
means a street that:
(A) is not used primarily for through traffic; and
(B) provides access to rear entrances of buildings or lots along a street.
Crosswalk
A) the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or
(B) the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
Freeway
means a divided, controlled-access highway for through traffic.
Freeway main lane
means a freeway lane having an uninterrupted flow of through traffic.
Highway or street
means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel.
Improved shoulder
means a paved shoulder.
Laned roadway
means a roadway that is divided into at least two clearly marked lanes for vehicular travel.
Limited-access or controlled-access highway
means a highway or roadway to which:
(A) persons, including owners or occupants of abutting real property, have no right of access; and
(B) access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway.
Private road or driveway
means a privately owned way or place used for vehicular travel and used only by the owner and persons who have the owner's express or implied permission.
Ramp
means an interconnecting roadway of a traffic interchange, or a connecting roadway between highways at different levels or between parallel highways, that allows a vehicle to enter or exit a roadway.
Roadway
means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately.
Safety zone
means the area in a roadway officially designated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so designated.
School Crossing zone
means a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.
School crosswalk
means a crosswalk designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school.
Shoulder
means the portion of a highway that is:
(A) adjacent to the roadway;
(B) designed or ordinarily used for parking;
(C) distinguished from the roadway by different design, construction, or marking; and
(D) not intended for normal vehicular travel
Sidewalk
means the portion of a street that is:
(A) between a curb or lateral line of a roadway and the adjacent property line; and
(B) intended for pedestrian use.
Through highway
means a highway or a portion of a highway on which:
(A) vehicular traffic is given preferential right-of-way; and
(B) vehicular traffic entering from an intersecting highway is required by law to yield right-of-way in compliance with an official traffic-control device.
Intersection
means the common area at the junction of two highways, other than the junction of an alley and a highway.
(b) The dimensions of an intersection include only the common area:
(1) within the connection of the lateral curb lines or, in the absence of curb lines, the lateral boundary lines of the roadways of intersecting highways that join at approximate right angles; or
(2) at the place where vehicles could collide if traveling on roadways of intersecting highways that join at any angle other than an approximate right angle.
(c) Each junction of each roadway of a highway that includes two roadways at least 30 feet apart with the roadway of an intersecting highway, including each roadway of an intersecting highway that includes two roadways at least 30 feet apart, is a separate intersection.
Official traffic control device
means a sign, signal, marking, or device that is:
(A) consistent with this subtitle;
(B) placed or erected by a public body or officer having jurisdiction; and
(C) used to regulate, warn, or guide traffic.
Railroad sign or signal
means a sign, signal, or device erected by a railroad, public body, or public officer to notify traffic of railroad tracks or an approaching railroad train.
Traffic-control signal
means a manual, electric, or mechanical device that alternately directs traffic to stop and to proceed.
Daytime
means the period beginning one-half hour before sunrise and ending one-half hour after sunset.
Explosive
means a chemical compound or mechanical mixture that:
(A) is commonly intended for use or used to produce an explosion; and
(B) contains ingredients, which may include oxidizing or combustive units, in packing, proportions, or quantities that, if ignited by fire, friction, concussion, percussion, or detonator, could suddenly generate highly heated gases that could damage surrounding objects or destroy life or limb.
Flammable liquid
means a liquid that has a flash point of not more than 70 degrees Fahrenheit as determined by a tagliabue or equivalent closed-cup test device.
Gross vehicle weight
means the weight of a vehicle and the weight of its load.
Nighttime
means the period beginning one-half hour after sunset and ending one-half hour before sunrise.
Park or parking
means to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers.
Personal injury
means an injury to any part of the human body and that requires treatment.
Right of way
means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian that is approaching from a direction, at a speed, and within a proximity that could cause a collision unless one grants precedence to the other.
Stand or Standing
means to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.
Stop or Stopping
(A) when required, to completely cease movement; and
(B) when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic-control sign or signal.
Dispose or dump
mean to discharge, deposit, inject, spill, leak, or place litter on or into land or water.
Illegal dumping; criminal penalties
(A)person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state.
1. Discards anything lit
2. a fire is ignited as a result
(B)A person commits an offense if the person receives litter or other solid waste for disposal at a place that is not an approved solid waste site
(C) transports litter or other solid waste to a place that is not an approved solid waste site for disposal at the site.

1. 5lbs-500lbs, volume of <5 gallons OFFENSE; CLASS C

1. 500lbs-1000lbs- OFFENSE; CLASS A
County regulation of litter near public highway; criminal penalty
(1) by order prohibit the accumulation of litter for more than 30 days on a person's property within 50 feet of a public highway in the county;
(2) provide for the removal and disposition of litter accumulated near a public highway
(3) provide for the assessment against a person who owns the property from which litter is removed
a. Before the commissioners court takes any action to remove or dispose of litter under
notice by certified mail shall be sent to the record owners of the property
b. The court may not remove or dispose of the litter or assess the costs of the removal or disposition against a property owner before the 30th day after the date the notice is sent
(c) If a person assessed costs does not pay the costs w/in 60 days after the date of assessment:
(1) a lien in favor of the county attaches to the property from which the litter was removed to secure the payment of the costs and interest accruing at an annual rate of 10 percent on any unpaid part of the costs; and
(2) the commissioners court shall file a record of the lien in the office of the county clerk.

OFFENSE; CLASS C
Litter
(A) decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body wastes, or industrial by-products; or
(B) nondecayable solid waste, except ashes, that consists of:
(i) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials;
(ii) noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less; and
(iii) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal.
Public highway
means the entire width between property lines of a road, street, way, thoroughfare, bridge, public beach, or park in this state, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park:
(A) open to public for vehicular traffic;
(B) is used as a public recreational area; or
(C) is under the state's legislative jurisdiction through its police power.
Vehicles on highways
A provision of this subtitle relating to the operation of a vehicle applies only to the operation of a vehicle on a highway unless the provision specifically applies to a different place.
Government vehicles
A provision of this subtitle applicable to an operator of a vehicle applies to the operator of a vehicle owned or operated by the United States, this state, or a political subdivision of this state, except as specifically provided otherwise by this subtitle for an authorized emergency vehicle.
Animals and animal drawn vehicles
A person riding an animal on a roadway or operating a vehicle drawn by an animal on a roadway has the rights and duties applicable to the operator of a vehicle under this subtitle, except a right or duty that by its nature cannot apply to a person riding an animal or operating a vehicle drawn by an animal.
Persons and equipment engaged in work on highway surface
This subtitle does not apply to a person, team, motor vehicle, or other equipment engaged in work on a highway unless the provision is specifically made applicable, but does apply to those persons and vehicles while traveling to or from that work.
General rule of uniformity
This subtitle applies uniformly throughout this state. A local authority may not enact or enforce an ordinance or rule that conflicts with this subtitle unless expressly authorized by this subtitle. However, a local authority may regulate traffic in a manner that does not conflict with this subtitle.
Powers of local authorities
(1) regulating traffic by police officers or traffic-control devices;
(2) regulating the stopping, standing, or parking of a vehicle;
(3) regulating or prohibiting a procession or assemblage on a highway;
(4) regulating the operation and requiring registration and licensing of a bicycle or electric bicycle, including payment of a registration fee,
(5) regulating the time, place, and manner in which a roller skater may use a highway;
(6) regulating the speed of a vehicle in a public park;
(7) regulating or prohibiting the turning of a vehicle or specified type of vehicle at an intersection;
(8) designating an intersection as a stop intersection or a yield intersection and requiring each vehicle to stop or yield at one or more entrances to the intersection;
(9) designating a highway as a through highway;
(10) designating a highway as a one-way highway and requiring each vehicle on the highway to move in one specific direction;
(11) designating school crossing guards and school crossing zones;
(12) altering a speed limit as authorized by this subtitle; or
(13) adopting other traffic rules specifically authorized by this subtitle.
Roller skater
means a person wearing footwear with a set of wheels attached.
Regulating
means criminal, civil, and administrative enforcement against a person, including the owner or operator of a motor vehicle, in accordance with a state law or a municipal ordinance.
Rules on private property
This subtitle does not prevent an owner of private property that is a private road from:
(1) regulating or prohibiting use of the property by the public for vehicular travel; or
(2) requiring conditions different from or in addition to those specified by this subtitle.
Speed restrictions on private roads
(a)The owners of a majority of the parcels of real property abutting a private road may petition the Texas Transportation Commission to extend the speed restrictions of this subtitle to the portion of the road in a subdivision or across adjacent subdivisions if:
(1) the road is not in a municipality;
(2) the total number of residents in the subdivision and subdivisions adjacent to the subdivision is at least 400; and
(3) a plat for the subdivision and each adjacent subdivision included to determine the number of residents under Subdivision (2) has been filed in the deed records of the county.
Mobility devices
"motorized mobility device" means a device designed for transportation of persons with physical disabilities that:
(1) has three or more wheels;
(2) is propelled by a battery-powered motor;
(3) has not more than one forward gear; and
(4) is not capable of speeds exceeding eight miles per hour.
(b) For the purposes of this subtitle, a person operating a nonmotorized wheelchair or motorized mobility device is considered to be a pedestrian.
General offense
(a) A person commits an offense if the person performs an act prohibited or fails to perform an act required by this subtitle.
(b) Except as otherwise provided, an offense under this subtitle is a MISDEMEANOR.
Offense by person owning or controlling vehicle
A person who owns a vehicle or employs or otherwise directs the operator of a vehicle commits an offense if the person requires or knowingly permits the operator of the vehicle to operate the vehicle in a manner that violates law.
Inchoate offense
A person who attempts to commit or conspires to commit an act declared by this subtitle to be an offense is guilty of the offense.
(b) A person who falsely, fraudulently, or wilfully permits another to violate this subtitle is guilty of the violation.
General penalty
A person convicted of an offense that is a misdemeanor under this subtitle for which another penalty is not provided shall be punished by a fine of not less than $1 or more than $200.
Fine for offense in construction or maintenance work zone
committed in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed:
(1) the minimum fine is twice the minimum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone; and
(2) the maximum fine is twice the maximum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone.
Penalties for failure to Yield of way resulting in accident
If it is shown on the trial of an offense under this subtitle in which an element is the failure by the operator of a vehicle to yield the right-of-way to another vehicle that an accident resulted from the operator's failure to yield the right-of-way:
(1) $500 or more than $2,000, if a person other than the operator of the vehicle suffered bodily injury in the accident; and
(2) the offense is punishable by a fine of not less than $1,000 or more than $4,000, if a person other than the operator of the vehicle suffered serious bodily injury in the accident.
Obedience required to police officers and to school crossing guards
A person may not wilfully fail or refuse to comply with a lawful order or direction of:
(1) a police officer; or
(2) a school crossing guard who:
(A) is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian;
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.
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.
Pesons exempt from license requirement
The following persons are exempt from the license requirement;
(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
(3) a nonresident on active duty in the armed forces of the United States or spouse or dependent child who holds a license issued by the person's state or Canadian province of residence
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) 16 yoa 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.
Notice of change of address or name
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.
(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
Emergency contact and medical info. 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.
(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
Post office box NOT valid as address
(a) In this section, "post office box address" means a United States Postal Service post office box address or a private mailbox address.
(b) Unless an exception exists under state or federal law, an applicant may receive delivery of a license or a personal identification certificate at a post office box address only if the applicant has provided the department the physical address where the applicant resides.
(c) The department may require the applicant to provide documentation that the department determines necessary to verify the validity of the physical address provided under Subsection (b).
License ineligibility in general
The department may not issue any license to a person who:
(1) < 15 yoa
(2) <18 yoa unless the person complies with the requirements imposed by Section 521.204;
(3) is shown to be addicted to the use of alcohol, a controlled substance, or another drug that renders a person incapable of driving;
(4) holds a driver's license issued by this state or another state or country that is revoked, canceled, or under suspension;
(5) has been determined by a judgment of a court to be totally incapacitated
Ineligibility for license based on certain convictions
(a) Unless the period of suspension that would have applied if the person held a license at the time of the conviction has expired, the department may not issue a license to a person convicted of an offense:
(1) described by Section 49.04, 49.07, or 49.08, Penal Code; or
(2) to which Section 521.342(a) applies.
(b) Until the period specified in the juvenile court order has expired, the department may not issue a license to a person if the department has been ordered by a juvenile court under Section 54.042, Family Code, to deny the person a license.
Restrictions on CLASS A and B licenses
The department may not issue a Class A or Class B driver's license to a person who:
(1)< 17 years of age;
(2) is under 18 years of age unless the person has completed drivers ed course
(3) has not provided the department with an affidavit, on a form prescribed by the department, that states that no vehicle that the person will drive that requires a Class A or Class B license is a commercial motor vehicle
Restrictions on minor
a) The department may issue a Class C driver's license to an applicant < 18 yoa only if the applicant:
(1) is 16 yoa +;
(2) has submitted to the department a driver education certificate
(3) has obtained a high school diploma or its equivalent or is a student:
(A) enrolled in a public/home/private school,who attended school for at least 80 days in the fall or spring semester preceding the date of the driver's license application; or
(B) been enrolled for at least 45 days, and is enrolled as of the date of the application, in a GED program
(4) has submitted to the department written parental or guardian permission:
(A) for the department to access the applicant's school enrollment records maintained by the TEA; and
(B) for a school administrator or law enforcement officer to notify the department in the event that the person has been absent from school for at least 20 consecutive instructional days; and
(5) has passed the examination

*The department may not issue a Class A, B, or C driver's license other than a hardship license to an applicant under 18 yoa unless the applicant has held an instruction permit or hardship license for at least six months preceding the date of the application.
Operation of vehicle by person under 18 years of age
(a) A person under 18 years of age may not operate a motor vehicle while using a wireless communications device, except in case of emergency.
(a-1) <18 yoa may not operate a motor vehicle:
(1) after 12a.m. & before 5 a.m. unless the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency; or
(2) with more than one passenger in the vehicle under 21 years of age who is not a family member.
(b) < 17 years of age who holds a restricted motorcycle license or moped license may not operate a motorcycle or moped while using a wireless communications device, except in case of emergency.
(b-1) A person <17 yoa who holds a restricted motorcycle license or moped license, during the 12-month period following the issuance of an original motorcycle license or moped license to the person, may not operate a motorcycle or moped after midnight and before 5 a.m. unless:
(1) the person is in sight of the person's parent or guardian; or
(2) the operation of the vehicle is necessary for the operator to attend or participate in employment or a school-related activity or because of a medical emergency.
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 lbs+; 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.
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 26,000lbs;
(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.
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.
Class M license
A Class M driver's license authorizes the holder of the license to operate a motorcycle or moped.
Type of vehicle authorized
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
Designator on license issued to person under 21 years of age
The department shall:
(1) designate and clearly mark as a provisional license each original driver's license issued by the department to a person who is under 18 years of age; and
(2) for each original, renewed, or duplicate license issued to a person who is under 21 years of age:
(A) indicate "UNDER 21" on the face of the license; and
(B) orient the information on the license to clearly distinguish the license from a license that is issued to a person who is 21 years of age or older.
Imposition of special restrictions and endorsements
The restriction or endorsement may relate to:
(1) the type of motor vehicle that the holder may operate;
(2) a special mechanical control device required on a motor vehicle that the holder may operate;
(3) mechanical attachments, including glasses or an artificial limb, required on the person of the holder;
(4) an area, location, road, or highway in this state on which the holder is permitted to drive a motor vehicle;
(5) the time of day that the holder is permitted to operate a motor vehicle; and
(6) any other condition the department determines to be appropriate to ensure the safe operation of a motor vehicle by the holder.
Instruction permit
The department or a driver education school may issue an instruction permit, including a Class A or Class B driver's license instruction permit, to a person who:
(1) 15- <18 yoa
(2) Completed and passed the classroom phase of an approved driver education course
(3) has passed each examination required other than the driving test.
(b) The department may issue an instruction permit to a person 18 yoa or older who has successfully passed all parts of the driver's examination required other than the driving test.
(c) A driver education school may issue an instruction permit to a person 18 years of age or older who has successfully passed:
(1) a six-hour adult classroom; and
(2) each part of the driver's examination required by Section 521.161 other than the driving test.
(d) An instruction permit entitles the holder to operate a type of motor vehicle on a highway while:
(1) the permit is in the holder's possession; and
(2) the holder is accompanied by a person occupying the seat by the operator who:
(A) holds a license that qualifies the operator to operate that type of vehicle;
(B) is 21 years of age or older; and
(C) has at least one year of driving experience.
Hardship license
(a) The department may issue a license to a person who complies with the requirements of Subsection (b) if the department finds that:
(1) the failure to issue the license will result in an unusual economic hardship for the family of the applicant;
(2) the license is necessary because of the illness of a member of the applicant's family; or
(3) the license is necessary because the applicant is enrolled in a vocational education program and requires a driver's license to participate in the program.
(b) Must be 15 yoa older and must:
(1) passed drivers ed course and
(2) pass the examination
(c) To be eligible to take the driver training course, the person must be at least 14 yoa.
Restricted class M license
(a) In this section, "motorcycle" includes a motor driven cycle.
(b) The department may issue a special restricted Class M license that authorizes the holder to operate only a motorcycle that has not more than a 250 cubic centimeter piston displacement.
(c) A person is eligible for a restricted motorcycle license if the person:
(1) 15-18 yoa;
(2) has completed and passed a motorcycle operator training course
(d) The department shall make the motorcycle operator training course available.
(e) On the 16th birthday of a holder of a special restricted Class M license, the department shall remove the 250 cubic centimeter restriction from the license without completion by the holder of an additional motorcycle operator training course.
Moped license
(a) A person may not operate a moped unless the person holds a driver's license. An applicant for a moped license must be 15 years of age or older.
(b) The department shall administer to an applicant for a moped license a written examination relating to the traffic laws applicable to the operation of mopeds. A test involving the operation of the vehicle is not required.
(c) An applicable provision of this chapter relating to a restricted Class M license applies also to a moped license, including a provision relating to the application, issuance, duration, suspension, cancellation, or revocation of that license.
(d) The department shall certify whether a vehicle alleged to be a moped is a moped. The department shall:
(1) by rule establish the procedure for determining whether a vehicle is a moped;
(2) compile a list of mopeds certified by the department; and
(3) make the list available to the public on request.
License to be carried and exhibited on demand; criminal penalty
a) A person required to hold a license 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) 2nd conviction w/in 1 year of first conviction = fine $25 or more than $200;
(2) 3rd or more conviction w/in 1 year of 2nd conviction=
(A) a fine $25 or more than $500;
(B) confinement in the county jail - 72 hours or more than six months; or both; and
(3) if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person, an offense under this section is a OFFENSE; CLASS A
Suspension for offense relating to racing of motor vehicle on public highway or street
(a) A license is automatically suspended on conviction of an offense under Section 545.420(a).(racing on highway)
(b) A suspension under this section is for one year, except as provided by this section.
(c) A person whose license is suspended under Subsection (a) remains eligible to receive an occupational license under Subchapter L, except that an occupational license issued to a person younger than 18 years of age whose license is suspended under this section may permit the operation of a motor vehicle only for transportation to and from an educational facility in which the person is enrolled and the place where the person resides.
(d) A person whose license is suspended under Subsection (a) shall be required by the court to perform at least 10 hours of community service . If the person is a resident of this state w/out a DL to operate a motor vehicle, must complete community service before being issued DL.
Driving while license invalid
(a) A person commits an offense if the person operates a motor vehicle on a highway:
(1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;
(2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if the license expired during a period of suspension; or
(4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter.
(b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver's license and the person operates a motor vehicle on a highway.
Applicability
(a) This chapter does not apply to:
(1) a vehicle that is controlled and operated by a farmer and:
(A) used to transport agricultural products, farm machinery, or farm supplies to or from a farm;
(B) used w/in 150 miles of the person's farm; and
(C) not used in the operations of a common or contract motor carrier;
(2) a fire-fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter;
(3) a military vehicle or a commercial motor vehicle, when operated for military purposes by military personnel, including:
(A) active duty military personnel; and
(B) members of the reserves and national guard on active duty, including personnel on full-time national guard duty, personnel engaged in part-time training, and national guard military technicians;
(4) a recreational vehicle that is driven for personal use;
(5) a vehicle that is owned, leased, or controlled by an air carrier, as defined by Section 21.155, and that is driven or operated exclusively by an employee of the air carrier only on the premises of an airport, as defined by Section 22.001, on service roads to which the public does not have access; or
(6) a vehicle used exclusively to transport seed cotton modules or cotton burrs.
Recreational Vehicle
means a motor vehicle primarily designed as temporary living quarters for recreational camping or travel use. The term includes a travel trailer, camping trailer, truck camper, and motor home.
Commercial drivers license
means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.
Commercial driver leaners permit
means a commercial driver's license that restricts the holder to driving a commercial motor vehicle .
Commercial motor vehicle
means a motor vehicle or combination of motor vehicles used to transport passengers or property that:
(A) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;
(B) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;
(C) is designed to transport 16 or more passengers, including the driver; or
(D) is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172, Subpart F.
Gross combination weight rating
means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load on a towed unit.
Gross vehicle weight rating
means the value specified by the manufacturer as the loaded weight of a single vehicle.
License or permit required
(a) A person may not drive a commercial motor vehicle unless:
(1) the person:
(A) has in the person's immediate possession a CDL issued by the department appropriate for the class of vehicle being driven; and
(B) is not disqualified or subject to an out-of-service order;
(2) the person:
(A) has in the person's immediate possession a CDL permit issued by the department; and
(B) is accompanied by the holder of a commercial driver's license issued by the department appropriate for the class of vehicle being driven, and the license holder:
(i) occupies a seat beside the permit holder for the purpose of giving instruction in driving the vehicle; and
(ii) is not disqualified or subject to an out-of-service order; or
(3) the person is authorized to drive the vehicle under Section 522.015.
(b) A person commits an offense if the person violates Subsection (a).
OFFENSE; CLASS C
Restricted license
If the department is authorized under the federal act to grant the waiver, the department by rule may waive the knowledge and skills tests required by Section 522.022 and issue a restricted commercial driver's license to an employee of a farm-related service industry.
(b) In granting a waiver under this section, the department is subject to any condition or requirement established for the waiver by the secretary or the Federal Motor Carrier Safety Administration.
(c) In addition to any restriction or limitation imposed by this chapter or the department, a restricted commercial driver's license issued under this section is subject to any restriction or limitation imposed by the secretary or the Federal Motor Carrier Safety Administration.
Farm related service industry
has the meaning assigned by the secretary or the Federal Motor Carrier Safety Administration under the federal act.
Nonresident license
The department may issue a nonresident CDL to a resident of a foreign jurisdiction if the secretary has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing standards established by 49 C.F.R. Part 383.
(b) An applicant must surrender any nonresident CDL issued by another state.
(d) "Nonresident" must appear on the face of a license issued under this section.
(e) The department may issue a temporary nonresident CDL to a person who does not present a social security card but who otherwise meets the requirements for a nonresident CDL
A license issued under this subsection:
(1) expires
(A) the 60th day after the date the license is issued;
(B) the expiration date of the visa presented under Section 522.021(a-1)(2)(B); or
(C) the expiration date of the Form I-94 Arrival/Departure record, or a successor document, presented under Section 522.021(a-1)(2)(C); and
(2) may not be renewed.
(f) The department may not issue more than one temporary nonresident commercial driver's license to a person.
Permit
The department may issue a commercial driver learner's permit to an individual who has passed the vision and written tests required for a Texas driver's license appropriate for the class of vehicle to be driven.
License or permit issued by other jurisdiction
A person may drive a commercial motor vehicle in this state if:
(1) the person has a commercial driver's license or commercial driver learner's permit issued by:
(A) another state in accordance with the minimum federal standards for the issuance of a commercial motor vehicle driver's license; or
(B) a foreign jurisdiction the testing and licensing standards of which the United States Department of Transportation has determined meet the requirements of the federal act;
(2) the person's license or permit is appropriate for the class of vehicle being driven;
(3) the person is not disqualified from driving a commercial motor vehicle and is not subject to an out-of-service order; and
(4) the person has not had a domicile in this state for more than 30 days.
Classification, endorsement, or restriction of license
(a) The department may issue a Class A, Class B, or Class C commercial driver's license.
(b) Class A covers a combination of vehicles with a gross combination weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the towed vehicle or vehicles exceeds 10,000 pounds.
(c) Class B covers:
(1) a single vehicle with a gross vehicle weight rating of 26,001 pounds or more;
(2) a single vehicle with a gross vehicle weight rating of 26,001 pounds or more towing a vehicle with a gross vehicle weight rating of 10,000 pounds or less; and
(3) a vehicle designed to transport 24 passengers or more, including the driver.
(d) Class C covers a single vehicle or combination of vehicles not described by Subsection (b) or (c) that is:
(1) designed to transport 16-23 passengers, including the driver; or
(2) used in the transportation of hazardous materials that require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F.
(e) The holder of a commercial driver's license may drive any vehicle in the class for which the license is issued and lesser classes of vehicles except a motorcycle or moped. The holder may drive a motorcycle only if authorization to drive a motorcycle is shown on the commercial driver's license and the requirements for issuance of a motorcycle license have been met.
Endorsement
(a) The department may issue a CDL w/endorsements:
(1) authorizing the driving of a vehicle transporting hazardous materials, subject to the requirements of Title 49 C.F.R. Part 1572;
(2) authorizing the towing of a double or triple trailer or a trailer over a specified weight;
(3) authorizing the driving of a vehicle carrying passengers;
(4) authorizing the driving of a tank vehicle;
(5) representing a combination of hazardous materials and tank vehicle endorsements; or
(6) authorizing the driving of a school bus, as defined by Section 541.201.
(b) The holder of a commercial driver's license may not drive a vehicle that requires an endorsement unless the proper endorsement appears on the license.
OFFENSE; CLASS C
Restriction of license
a) On issuing a CDL the department for good cause may impose one or more restrictions suitable to the license holder's driving ability and limitations, including restrictions:
(1) prohibiting the license holder from driving a vehicle equipped with air brakes; and
(2) as provided by 49 C.F.R. Part 391, prohibiting driving a commercial vehicle in interstate commerce by a person who:
(A) is under 21 years of age;
(B) does not meet applicable physical guidelines; or
(C) cannot sufficiently read and speak the English language.

(c) A person commits an offense if the person drives a commercial motor vehicle in violation of a restriction.
OFFENSE; CLASS C
Driving while disqualified prohibited
A person commits an offense if the person drives a commercial motor vehicle on a highway:
(1) after the person has been denied the issuance of a license, unless the person has a driver's license appropriate for the class of vehicle being driven that was subsequently issued;
(2) during a period that a disqualification of the person's driver's license or privilege is in effect;
(3) while the person's driver's license is expired, if the license expired during a period of disqualification;
(4) during a period that the person was subject to an order prohibiting the person from obtaining a driver's license; or
(5) in violation of an out-of-service order.
Employer responsibilities
(a) An employer may not knowingly permit a person to drive a commercial motor vehicle during a period in which:
(1) the person has been denied the privilege of driving a commercial motor vehicle;
(2) the person is disqualified from driving a commercial motor vehicle;
(3) the person, the person's employer, or the vehicle being operated is subject to an out-of-service order in a state; or
(4) the person has more than one commercial driver's license, except during the 10-day period beginning on the date the person is issued a driver's license.
(b) An employer may not knowingly require a driver to operate a commercial motor vehicle in violation of a federal, state, or local law that regulates the operation of a motor vehicle at a railroad grade crossing.
(b-1) An employer who violates Subsection (a) or (b) commits an offense.
OFFENSE; CLASS B
Compliance with traffic control device
a) The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle unless the person is:
(1) otherwise directed by a traffic or police officer; or
(2) operating an authorized emergency vehicle and is subject to exceptions under this subtitle.
(b) A provision of this subtitle requiring an official traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person. A provision of this subtitle that does not require an official traffic-control device is effective regardless of whether a device is in place.
Interference with traffic- control device or railroad sign or signal
A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to alter, injure, knock down, or remove:
(1) an official traffic-control device or railroad sign or signal;
(2) an inscription, shield, or insignia on an official traffic-control device or railroad sign or signal; or
(3) another part of an official traffic-control device or railroad sign or signal.
Display of unauthorized signs, signals, or markings
(a) A person may not place, maintain, or display on or in view of a highway an unauthorized sign, signal, marking, or device that:
(1) imitates or resembles an official traffic-control device or railroad sign or signal;
(2) attempts to direct the movement of traffic; or
(3) hides from view or hinders the effectiveness of an official traffic-control device or railroad sign or signal.
(b) A person may not place or maintain on a highway, and a public authority may not permit on a highway, a traffic sign or signal bearing commercial advertising.
(c) A person may not place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the Texas Transportation Commission.
(d) This section does not prohibit a person from placing on private property adjacent to a highway a sign that gives useful directional information and that cannot be mistaken for an official sign.
(e) A sign, signal, light, or marking prohibited under this section is a public nuisance. The authority with jurisdiction over the highway may remove that sign, signal, light, or marking without notice.
Traffic control signals in general
(a) A traffic-control signal displaying different colored lights or colored lighted arrows successively or in combination may display only green, yellow, or red and applies to operators of vehicles as provided by this section.
(b) An operator of a vehicle facing a circular green signal may proceed straight or turn right or left unless a sign prohibits the turn. The operator shall yield the right-of-way to other vehicles and to pedestrians lawfully in the intersection or an adjacent crosswalk when the signal is exhibited.
(c) An operator of a vehicle facing a green arrow signal, displayed alone or with another signal, may cautiously enter the intersection to move in the direction permitted by the arrow or other indication shown simultaneously.
(d) After stopping, standing until the intersection may be entered safely, and yielding right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the operator may:
(1) turn right; or
(2) turn left, if the intersecting streets are both one-way streets and a left turn is permissible.
(e) An operator of a vehicle facing a steady yellow signal is warned by that signal that:
(1) movement authorized by a green signal is being terminated; or
(2) a red signal is to be given.
Flashing signals
(a) The operator of a vehicle facing a flashing red signal shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway. The right to proceed is subject to the rules applicable after stopping at a stop sign.
(b) The operator of a vehicle facing a flashing yellow signal may proceed through an intersection or past the signal only with caution.
(c) This section does not apply at a railroad crossing.
Lane-direction-control signals
If a lane-direction-control signal is placed over an individual lane of a highway, a vehicle may travel in a lane over which a green signal is shown but may not enter or travel in a lane over which a red signal is shown.
Stop signs and yield signs
a) Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).
(b) If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).
(c) An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection. In the absence of a crosswalk, the operator shall stop at a clearly marked stop line. In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.
Lane use signs
If, on a highway having more than one lane with vehicles traveling in the same direction, the Texas Department of Transportation or a local authority places a sign that directs slower traffic to travel in a lane other than the farthest left lane, the sign must read "left lane for passing only."
Notification of photographic traffic monitoring system
(1) "Photographic traffic monitoring system" means a system that:
(A) consists of a camera and vehicle sensor installed to work in conjunction with an electrically operated traffic-control signal; and
(B) is capable of producing one or more recorded images that depict the license plate attached to a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.
(2) "Recorded image" means an image that:
(A) depicts a motor vehicle; and
(B) is automatically recorded on a photograph or digital image.
(b) This section applies only to a municipality that pursuant to an ordinance of the municipality employs a photographic traffic monitoring system to enforce compliance with the instructions of traffic-control signals in the municipality.
(c) The municipality shall install signs along each roadway that leads to an intersection at which a photographic traffic monitoring system is in active use. The signs must be at least 100 feet from the intersection or located according to standards established in the manual adopted by the Texas Transportation Commission under Section 544.001, be easily readable to any operator approaching the intersection, and clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty.
(d) A municipality that fails to comply with Subsection (c) may not impose or attempt to impose a civil or administrative penalty against a person, including the owner of a motor vehicle or an operator, for a failure to comply with the instructions of a traffic-control signal located at the applicable intersection.
(e) Subsection (d) does not prohibit a peace officer from arresting or issuing a citation and notice to appear to a person whom the officer observes to have failed to comply with the instructions of a traffic-control signal located at the intersection.