§ 521.042 — COLLISION AND CONVICTION REPORTS; INDIVIDUAL RECORDS.

Texas § 521.042

• Jurisdiction: Texas
• Code TN: Transportation Code

Text

Sec. 521.042. COLLISION AND CONVICTION REPORTS; INDIVIDUAL RECORDS. (a) Except as provided by this section, the department shall record each collision report and abstract of the court record of a conviction received by the department under a law of this state.
(b) The records must enable the department to consider, on receipt of a renewal application and at other suitable times, the record of each license holder that shows any:
(1) conviction of that license holder; and
(2) traffic collision in which the license holder has been involved.
(c) The record of a license holder who is employed as a peace officer, fire fighter, or emergency medical services employee of this state, a political subdivision of this state, or a special purpose district may not include information relating to a traffic collision that occurs while the peace officer, fire fighter, or emergency medical services employee is driving an official vehicle in the course and scope of the license holder's official duties if:
(1) the traffic collision resulted in damages to property of less than $1,000; or
(2) an investigation of the collision by a peace officer, other than a peace officer involved in the collision, determines that the peace officer, fire fighter, or emergency medical services employee involved in the collision was not at fault.
(d) Before issuing or renewing a license, the department shall examine the record of the applicant for information relating to a conviction of a traffic violation or involvement in a traffic collision. The department may not issue or renew a license if the department determines that the issuance or renewal of the license would be inimical to the public safety.
(e) The director may maintain records required under this subchapter on microfilm or computer.
(f) Except as provided by Subsection (g) and Chapter 706 , the department may not consider a record of a conviction of a license holder that is received by the department after the first anniversary of the date of the conviction in a decision to impose an enforcement action against the license holder, including a decision to suspend, revoke, or deny renewal of the license holder's driver's license.
(g) The department may consider a record of a conviction of a license holder that is received by the department after the first anniversary of the date of the conviction in a decision to impose an enforcement action against the license holder if:
(1) the license holder:
(A) is a commercial driver's license holder or was a commercial driver's license holder at the time of the offense;
(B) was operating a commercial motor vehicle at the time of the offense; or
(C) was operating a motor vehicle and transporting a hazardous material at the time of the offense; or
(2) the conviction is for an offense under Chapter 49 , Penal Code.

Legislative History

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 689 (H.B. 343 ), Sec. 1, eff. September 1, 2011. Acts 2023, 88th Leg., R.S., Ch. 610 (H.B. 3647 ), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190 ), Sec. 18, eff. September 1, 2023.