Texas’s Commercial Driver’s License Laws

Texas requires commercial motor vehicle (CMV) operators to maintain a commercial driver's license (CDL). There are several types of CDLs and rules and requirements specific to each. This article outlines when each type of CDL is required, the CDL application procedure, and the consequences of CDL rule violations.

Commercial Driver's License (CDL) Requirements in Texas

Generally, a CDL is required to operate any vehicle that weighs 26,001 or more pounds, carries 16 or more passengers, or is designed for hazardous materials. Exempt vehicles include recreational vehicles (RVs), military vehicles, cotton burn transports, and emergency response vehicles. Additionally, farm owners are allowed to operate machinery within 150 miles of their farms without a CDL. (Tex. Transp. Code Ann. § 522.011 (2024).)

Texas's CDL License Classes

There are three classes of CDLs corresponding to the weight of the truck and/or trailer(s).

• Class A. Any vehicle or combination of vehicles that weighs 26,001 or more pounds, including a trailer that weighs more than 10,000.
• Class B. Any single vehicle that weighs 26,001 or more pounds or is designed to carry 24 or more passengers.
• Class C. Any CMV that does not fall within classes A or B. This includes hazardous material carriers and vehicles designed to carry 16 to 24 passengers.

(Tex. Transp. Code Ann. § 522.041 (2024).)

Texas's CDL Endorsements for Transporting Passengers and Special Cargo

Certain cargo requires endorsements, which are added to the CDL. Endorsements require additional testing and are required to carry hazardous materials or passengers.

CDL Driver Restrictions

Texas also places restrictions on certain drivers. For example, an intrastate restriction will be assigned to any driver who is younger than 21 years old, cannot speak or write English, or cannot pass certain physical requirements.

How To Get a CDL in Texas

Below, we discuss the process for getting a CDL in Texas and a common waiver situation. (Tex. Transp. Code Ann. § 522.014 (2024); Tex. Transp. Code Ann. § 522.021 (2024).)

Applying for a CDL in Texas

To apply for a CDL in Texas, a person must:

• be at least 18 years old
• hold a driver's license, and
• be a Texas resident.

The application process includes a knowledge test and background check. The applicant must also submit a certification indicating the type of driving (such as school bus operation) they intend to do and obtain a physician's certification indicating adequate physical health to operate a CMV.

With all these requirements covered, the driver can get a commercial learner's permit (CLP). The CLP allows the driver to practice operating a CMV under the supervision of a licensed operator.

After completing at least 15 days with a CLP, the applicant can take the driving test to receive a full CDL. (Military veterans with experience driving military CMVs may be eligible to have the driving test waived.)

CDL Farm Waivers

A licensed driver can obtain a farm industry waiver for livestock feeding and custom harvesting. The holder does not need to take the knowledge or skills exams but can only operate farm equipment to and from the farm up to 150 miles away. (Tex. Transp. Code Ann. § 522.012 (2024).)

Texas's Rules for CDL Revocation and Disqualification

CMVs are subject to special rules and regulations. Violations of these rules and certain traffic offenses can result in license revocation and criminal charges. All violations and suspensions must be reported to the driver's employer and the state. Violations can't be masked or dismissed via diversion agreements. Texas also prohibits occupational licenses for revoked CDLs.

Serious Traffic Violations

A CDL will be revoked for at least 60 days for having two "serious traffic violations" in three years. Having three serious violations in three years will result in a minimum 120-day revocation.

The following violations are considered serious traffic violations: speeding 15 miles per hour or more over the limit, erratic lane changes, following too closely, and any traffic violation involving a fatality. Driving without a proper CDL in possession is a misdemeanor and serious traffic violation, but the driver can get the ticket dismissed by presenting a then-valid (at the time of the citation) CDL in court.

Major Offenses

"Major offenses" include leaving the scene of an accident, chemical test refusal, DWI (driving while intoxicated), using a motor vehicle to commit a felony, negligently causing a vehicle fatality, and operating with a revoked CDL.

A major offense results in a one-year revocation, and any violation while driving a hazmat CMV carries a three-year revocation. A second major violation results in a lifetime revocation, but reinstatement may be possible after ten years. The use of any motor vehicle to transport controlled substances or harbor, transport, or conceal an alien will result in a permanent lifetime disqualification.

CDL Out-of-Service Orders

Some safety violations can result in a temporary and immediate out-of-service order (OSO). For example, operating a CMV after consuming alcohol will result in a 24-hour OSO. Driving during an OSO will result in license revocation and penalties that depend on the number of prior OSO violations the driver has within the past ten years.

• First offense. 180-day to one-year license revocation (180-day to two-year if in hazmat CMV or vehicle designed for more than 15 passengers) and a minimum $2,500 fine.
• Second offense in 10 years. Two-to-five-year license revocation (three to five years if in hazmat CMV or vehicle designed for more than 15 passengers) and a minimum $5,000 fine.
• Third offense in 10 years. Three-to-five-year license disqualification and a minimum $5,000 fine.

An employer who knowingly permits an OSO violation can be fined $2,750 to $25,000.

Railroad Crossing Rules for Commercial Vehicles

CMV operators are subject to special rules at railroad crossings. Drivers cannot shift or stop on railroad crossings and must ensure proper clearance. A railroad crossing violation will result in a 60-day, 120-day, and one-year license revocation for a first, second, and third violation in three years. An employer that knowingly permits a railroad violation can also be fined up to $10,000.

Texas's Implied Consent Rules of CDL Holders

All CMV operators are considered to have given consent to a breath, blood, or urine test to determine the presence of alcohol or drugs. An officer who has probable cause to believe the driver has consumed drugs or alcohol can request a test. An unlawful refusal to test will result in license revocation and a 24-hour OSO