CHAPTER 523. DRIVER'S LICENSE COMPACT OF 1993 - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS

CHAPTER 523. DRIVER'S LICENSE COMPACT OF 1993

Sec. 523.001. ENACTMENT. The Driver's License Compact of 1993

is enacted and entered into.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.002. FINDINGS AND DECLARATION OF POLICY. (a) The

states find that:

(1) the safety of their streets and highways is materially

affected by the degree of compliance with state laws and local

ordinances relating to the operation of motor vehicles;

(2) violation of such a law or ordinance is evidence that the

violator engages in conduct which is likely to endanger the

safety of persons and property; and

(3) the continuance in force of a license to drive is predicated

on compliance with laws and ordinances relating to the operation

of motor vehicles in whichever jurisdiction the vehicle is

operated.

(b) It is the policy of each of the states to:

(1) promote compliance with the laws, ordinances, and

administrative rules and regulations relating to the operation of

motor vehicles by their operators in each of the jurisdictions

where the operators drive motor vehicles; and

(2) make the reciprocal recognition of licenses to drive and

eligibility therefor more just and equitable by considering the

overall compliance with motor vehicle laws, ordinances, and

administrative rules and regulations as a condition precedent to

the continuance or issuance of any license by reason of which the

licensee is authorized or permitted to operate a motor vehicle in

any of the states.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.003. DEFINITIONS. In this compact:

(1) "Conviction" has the same meaning as provided in Section

522.003.

(2) "Executive director" means the director of the Department of

Public Safety or the equivalent officer of another state.

(3) "Home state" means the state which has issued a license or

permit and has the power to suspend or revoke use of the license

or permit to operate a motor vehicle.

(4) "License" means a license or permit to operate a motor

vehicle issued by a state.

(5) "Licensing authority" means the Department of Public Safety

or the equivalent agency of another state.

(6) "State" means a state, territory, or possession of the

United States, the District of Columbia, or the commonwealth of

Puerto Rico.

(7) "Violation" means the commission of an offense related to

the use or operation of a motor vehicle, even if there has been

no conviction. A suspension by reason of a violation includes a

suspension for failure to appear in court or comply with a court

order or suspension for violating an implied consent law.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.004. REPORTS OF CONVICTIONS. The licensing authority

of a state shall report each conviction of a person from another

state occurring within its jurisdiction to the licensing

authority of the home state of the licensee. Such report shall

clearly identify the person convicted; describe the violation

specifying the section of the statute, code, or ordinance

violated; identify the court in which action was taken; indicate

whether a plea of guilty or not guilty was entered or the

conviction was a result of the forfeiture of bail, bond, or other

security; and include any special findings made in connection

with the conviction. A conviction or judicial or administrative

action of a federal or military court or tribunal may be reported

to this state subject to this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1257, Sec. 1, eff. Sept. 1,

1999.

Sec. 523.005. EFFECT OF CONVICTION. (a) The licensing

authority in the home state, for the purpose of suspension,

revocation, cancellation, denial, disqualification, or limitation

of the privilege to operate a motor vehicle, shall give the same

effect to the conduct reported pursuant to Section 523.004 as it

would if such conduct had occurred in the home state in the case

of conviction for:

(1) manslaughter or negligent homicide resulting from the

operation of a motor vehicle;

(2) driving a motor vehicle while under the influence of

alcoholic beverages or a narcotic to a degree which renders the

driver incapable of safely driving a motor vehicle;

(3) any felony in the commission of which a motor vehicle is

used; or

(4) failure to stop and render aid or information in the event

of a motor vehicle accident resulting in the death or personal

injury of another.

(b) As to other convictions reported pursuant to this compact,

the licensing authority in the home state shall give such effect

to the conduct as is provided by the laws of the home state.

(c) If the laws of a state do not provide for offenses or

violations denominated or described in precisely the words

employed in Subsection (a), those offenses or violations of a

substantially similar nature and the laws of that state shall be

understood to contain such provisions as may be necessary to

ensure that full force and effect is given to this compact.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.006. APPLICATIONS FOR NEW LICENSES. On receiving an

application for a license to drive, the licensing authority in a

state shall ascertain whether the applicant has ever held or is

the holder of a license to drive issued by any other state. The

licensing authority in the state where application is made shall

not issue a license to the applicant if the applicant:

(1) has held a license but the license has been suspended by

reason, in whole or in part, of a violation and the suspension

period has not terminated;

(2) has held a license but the license has been revoked by

reason, in whole or in part, of a violation and the revocation

has not terminated, except that after the expiration of one year

from the date the license was revoked the person may apply for a

new license if permitted by law; the licensing authority may

refuse to issue a license to any such applicant if, after

investigation, the licensing authority determines that it will

not be safe to grant the person the privilege of driving a motor

vehicle on the public highways; or

(3) is the holder of a license issued by another state currently

in force unless the applicant surrenders such license or provides

an affidavit prescribed by the licensing authority that such

license is no longer in the person's possession.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.007. APPLICABILITY OF OTHER LAWS. Except as expressly

required by provisions of this compact, nothing contained herein

shall be construed to affect the right of any state to apply any

of its other laws relating to licenses to drive to any person or

circumstance nor to invalidate or prevent any driver's license

agreement or other cooperative arrangement between a member state

and a nonmember state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.008. COMPACT ADMINISTRATOR AND INTERCHANGE OF

INFORMATION AND COMPENSATION OF EXPENSES. (a) The compact

administrator shall be appointed by the executive director of the

licensing authority. A compact administrator may provide for the

discharge of his duties and the performance of his position by an

alternate. The administrators, acting jointly, shall have the

power to formulate all necessary and proper procedures for the

exchange of information under this compact.

(b) The administrator of each state shall furnish to the

administrator of each other state any information or documents

reasonably necessary to facilitate the administration of this

compact.

(c) The compact administrator provided for in this compact shall

not be entitled to any additional compensation on account of his

service as such administrator but shall be entitled to expenses

incurred in connection with his duties and responsibilities as

such administrator in the same manner as for expenses incurred in

connection with any other duties or responsibilities of his

office or employment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.009. EFFECTIVE DATE; WITHDRAWAL FROM COMPACT. (a)

This compact shall enter into force and become effective as to

any state when it has enacted the compact into law.

(b) Any member state may withdraw from this compact by enacting

a statute repealing the compact, but no such withdrawal shall

take effect until six months after the executive director of the

withdrawing state has given notice of the withdrawal to the

executive directors of all other member states. No withdrawal

shall affect the validity or applicability by the licensing

authorities of states remaining party to the compact of any

report of conviction occurring prior to the withdrawal.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.010. RULEMAKING AUTHORITY. The licensing authority may

adopt any rules and regulations deemed necessary by the executive

director to administer and enforce the provisions of this

compact.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 523.011. CONSTRUCTION AND SEVERABILITY. This compact shall

be liberally construed so as to effectuate the purposes thereof.

The provisions of this compact shall be severable; if any phrase,

clause, sentence, or provision of this compact is declared to be

contrary to the constitution of any state or of the United States

or the applicability thereof to any government, agency, person,

or circumstance is held invalid, the validity of the remainder of

this compact and the applicability thereof to any government,

agency, person, or circumstance shall not be affected thereby. If

this compact is held contrary to the constitution of any state

party thereto, the compact shall remain in full force and effect

in the remaining states and in full force and effect in the state

affected with regard to all severable matters.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.