The department prescribes and administers the required tests, may authorize others to give them, may waive the skills test in some cases, and may not issue a commercial driver's license until all required examinations are passed.
Sec. 522.023. TESTS. (a) The tests required by Section 522.022 must be prescribed by the department. (b) Except as provided by Subsection (d), the knowledge test must be conducted by the department. The department shall provide each applicant who has a reading impairment an opportunity to take the knowledge test orally or, at the applicant's option, the applicant may have the questions read to the applicant and may answer in writing. (c) Except as provided by Subsection (d), the department must conduct the skills test. (d) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency, or instrumentality of local government, to: (1) administer the skills test specified by this section if: (A) the test is the same that would be administered by the department; and (B) the person has entered into an agreement with the department that complies with 49 C.F.R. Section 383.75; or (2) administer the knowledge test specified by this section if: (A) the test is the same that would be administered by the department; (B) the administration of the test is authorized by federal law; and (C) the person provides each applicant who has a reading impairment an opportunity to, at the applicant's option: (i) take the knowledge test orally; or (ii) have the questions read to the applicant and answer in writing. (e) The skills test must be taken in a commercial motor vehicle that is representative of the type of vehicle the person drives or expects to drive. (f) The department may waive the skills test for an applicant who meets the requirements of 49 C.F.R. Section 383.77. (g) The department shall test the applicant's ability to understand highway traffic signs and signals that are written in English. (h) An applicant who pays the applicable fee required by Section 522.029 is entitled to three examinations of each element under Section 522.022. If the applicant has not qualified after the third examination, the applicant must submit a new application accompanied by the required fee. (i) The department may not issue a commercial driver's license to a person who has not passed each examination required under this chapter. (j) The department shall administer a skills test to a person who holds a commercial learner's permit issued by another state or jurisdiction. On completion, the department shall send the skills test results to the state or jurisdiction that issued the person's commercial learner's permit. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 424 (S.B. 1372), Sec. 5, eff. January 1, 2008. Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 10, eff. January 1, 2016. Acts 2021, 87th Leg., R.S., Ch. 274 (H.B. 3395), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 231 (H.B. 1846), Sec. 1, eff. September 1, 2023.