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Texas Laws | Transportation Code
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC

(2) during a period that a disqualification of the person's driver's license, permit, or privilege is in effect; (31428)

(3) while the person's driver's license or permit is expired, if the license or permit expired during a period of disqualification; (31429)

(4) during a period that the person was subject to an order prohibiting the person from obtaining a driver's license or permit; or (31430)

(5) during a period in which the person, the person's employer, or the vehicle being operated is subject to an out-of-service order. (31431)

(b) It is not a defense to prosecution that the person had not received notice of a disqualification imposed as a result of a conviction that results in an automatic disqualification of the person's driver's license, permit, or privilege. (31432)

(c) Except as provided by Subsection (b), it is an affirmative defense to prosecution of an offense under this section that the person had not received notice of a denial, disqualification, prohibition order, or out-of-service order concerning the person's driver's license, permit, or privilege to operate a motor vehicle. For purposes of this subsection, notice is presumed if the notice was sent by first class mail to the last known address of the person as shown by the records of the department or licensing authority of another state. (31433)

(d) An offense under this section is a misdemeanor punishable as provided for an offense under Section 521.457. (31434)

(e) For the purposes of Subsection (a)(5), "commercial motor vehicle" has the meaning assigned by Section 644.001. (31435)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1409, Sec. 3, eff. Sept. 1, 1999. (31436)

Amended by: (31437)

Acts 2007, 80th Leg., R.S., Ch. 424 (S.B. 1372), Sec. 8, eff. January 1, 2008. (31438)

Acts 2007, 80th Leg., R.S., Ch. 499 (S.B. 333), Sec. 1, eff. September 1, 2007. (31439)

Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 29, eff. January 1, 2016. (31440)

Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 30, eff. January 1, 2016. (31441)

Sec. 522.072. EMPLOYER RESPONSIBILITIES. (31442)(Text)

(31443)

(a) An employer may not knowingly permit a person to drive a commercial motor vehicle during a period in which: (31444)

(1) the person has been denied the privilege of driving a commercial motor vehicle; (31445)

(2) the person is disqualified from driving a commercial motor vehicle; (31446)

(3) the person, the person's employer, or the vehicle being operated is subject to an out-of-service order in a state; or (31447)

(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. (31448)

(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. (31449)

(b-1) An employer who violates Subsection (a) or (b) commits an offense. An offense under this subsection is a Class B misdemeanor. (31450)

(c) In addition to any penalty imposed under this chapter, an employer who violates this section may be penalized or disqualified under 49 C.F.R. Part 383. (31451)

(d) For purposes of Subsections (a)(1)(C) and (a)(2), "commercial motor vehicle" has the meaning assigned by Section 644.001. (31452)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 941, Sec. 8, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 941, Sec. 9, eff. Sept. 1, 2001. (31453)

Amended by: (31454)

Acts 2007, 80th Leg., R.S., Ch. 13 (S.B. 332), Sec. 1, eff. September 1, 2007. (31455)

Acts 2007, 80th Leg., R.S., Ch. 424 (S.B. 1372), Sec. 9, eff. January 1, 2008. (31456)

Acts 2009, 81st Leg., R.S., Ch. 782 (S.B. 1093), Sec. 2, eff. September 1, 2009. (31457)

SUBCHAPTER H. DISQUALIFICATION FROM DRIVING COMMERCIAL MOTOR VEHICLE (31458)(Text)
Sec. 522.081. DISQUALIFICATION. (31459)(Text)

(a) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle. A person who holds a commercial driver's license or commercial learner's permit is disqualified from driving a commercial motor vehicle for: (31460)

(1) 60 days if convicted of: (31461)

(A) two serious traffic violations that occur within a three-year period; or (31462)

(B) one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing; or (31463)

(2) 120 days if convicted of: (31464)

(A) three serious traffic violations arising from separate incidents occurring within a three-year period; or (31465)

(B) two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period. (31466)

(b) Except as provided by this subsection, this subsection applies to a violation committed while operating any type of motor vehicle, including a commercial motor vehicle. A person who holds a commercial driver's license or commercial learner's permit is disqualified from driving a commercial motor vehicle for one year: (31467)

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