Texas Driving Law

Operating a motor vehicle is a privilege. If this privilege is abused by violating Texas traffic laws it may result in driver's license suspension or revocation.

New driving laws and traffic laws in Texas took effect on September 1, 2003.

HB 1330 of Texas driving law allows a drivers license applicant to voluntarily list on their license any health condition that might impede communication with peace officers. The applicant must supply DPS with a written statement from a licensed physician. This law takes effect Jan. 1, 2004.

An erroneous e-mail has circulated claiming that HB 281, which would have outlawed talking on a cell phone while driving-or without using a hands-free device-had passed and was to take effect September 1. The bill did not pass and did not take effect.

Mandatory Suspensions

Under Texas driving law, convictions of the following offenses will result in the automatic suspension of a driving privilege.

• failure to stop and render aid
• any offense punishable as a felony under the motor vehicle laws of Texas
• overtaking and passing a school bus (subsequent conviction)
• displaying or possessing a driver's license or identification card that is fictitious, cancelled, revoked, suspended, or altered
• lending a driver's license or identification card to someone else
• failing or refusing to surrender upon demand a driver's license or identification card to the Department of Public Safety that has been suspended, cancelled, or revoked
• possessing more than one valid driver's license or identification card
• providing false information or documents when applying for a driver's license
• making, selling, or possessing a document deceptively similar to a driver's license or identification card issued by the Department of Public Safety
• graffiti
• fictitious license plate, registration certificate, or safety inspection sticker
• fraudulent government records

Discretionary Suspensions/Revocations

In accordance with Texas driving law, the Department of Public Safety has the authority to suspend/revoke the driver's license or driving privilege of any driver, after an opportunity for proper hearing, for the following violations of Texas traffic laws:

• driving while license suspended
• becoming incompetent to drive
• repeated violations of traffic laws - 4 or more convictions for moving violations occurring separately within any 12-month period or 7 or more within any 24-month period
• habitual reckless or negligent driving
• permit unlawful or fraudulent use of one's driver's license
• violating a driver's license endorsement requirement
• two or more convictions for violating a driver's license restriction
• failure to comply with the terms of a citation issued by another state that is a member of the Nonresident Violator Compact of 1977
• failure to provide medical information when requested
• failure to take or pass an examination when requested
• fleeing or attempting to flee from a police officer
• has committed an offense in another state, which if committed in this state would be grounds for suspension or revocation
• fail to stop for a school bus (second conviction)
• violates a probation order set by a previous hearing

Under Texas driving law, a $100.00 reinstatement fee is required for all discretionary suspensions/revocations.

Cancellations

The Department of Public Safety is authorized by Texas driving law to cancel the license of individuals who do not meet certain qualifications. Under Texas driving law, the following types of cases require cancellation of a driver's license:

• suspension/revocation action from another state
• parental authorization withdrawn (for individuals under 18 years of age)
• incomplete driver education
• voluntary surrender for medical or insurance purposes
• false statement on application

SPECIAL NOTE: In accordance with Texas driving law, the Department of Public Safety may deny the renewal of a driver's license of a Texas licensee who fails to appear in court for violations of Texas traffic laws or certain other offenses within the jurisdiction of a justice or municipal court.

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