Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and
(2) display the license on the demand of a magistrate, court officer, or peace officer.
(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.
(c) A person who violates this section commits an offense. An offense under this subsection is a misdemeanor punishable by a fine not to exceed $200, except that:
(1) for a second conviction within one year after the date of the first conviction, the offense is a misdemeanor punishable by a fine of not less than $25 or more than $200;
(2) for a third or subsequent conviction within one year after the date of the second conviction the offense is a misdemeanor punishable by:
(A) a fine of not less than $25 or more than $500;
(B) confinement in the county jail for not less than 72 hours or more than six months; or
(C) both the fine and confinement; and
(3) if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle collision that resulted in serious bodily injury to or the death of another person, an offense under this section is a Class A misdemeanor.
(d) It is a defense to prosecution under this section if the person charged produces in court a driver's license:
(1) issued to that person;
(2) appropriate for the type of vehicle operated; and
(3) valid at the time of the arrest for the offense.
(e) The judge of each court shall report promptly to the department each conviction obtained in the court under this section.
(f) The court may assess a defendant an administrative fee not to exceed $10 if a charge under this section is dismissed because of the defense listed under Subsection (d).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 195 (S.B. 1608), Sec. 1, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 17, eff. September 1, 2023.
Notes of Decisions
Davis v. State, 947 S.W.2d 240 (Tex. Crim. App. 1997).
· cites it 2× “Tex. Trans. Code §§ 521.025, 601.053 (Vernon's Supp.”
State v. Stevenson, 958 S.W.2d 824 (Tex. Crim. App. 1997).
· cites it 2× “The operator of a vehicle may also be charged with a misdemeanor offense if he refuses to display his driver's license upon request by a peace officer.”
United States v. Zavala, 541 F.3d 562 (5th Cir. 2008).
“See Tex. TRAnsp. Code §§ 521.025(b), 601.053(a), (b); see also Finley, 477 F.”
Garcia v. State, 218 S.W.3d 756 (Tex. App. 2007).
· cites it 2× “404 (Vernon 1999) (defining offense of operating passenger car on public highway without a license plate at the front and rear of the vehicle); see also Tex. TRAnsp. Code Ann. § 521.025 (Vernon 1999) (defining offense of failing to display driver’s license on demand of police…”
Allen v. State, 48 S.W.3d 775 (Tex. Crim. App. 2001).
· cites it 2× “See Tex. Transp. Code Ann. § 521.025 (Vernon 1999).”
Brithe Thompson v. State, 408 S.W.3d 614 (Tex. App. 2013).
“Although Ernst could have arrested appellant for failing to have her driver's license in her possession, see Tex. Transp. Code § 521.025(a), (c), he chose not to do so, opting instead to conduct a computer search to determine if appellant had a valid license.”
Dew v. State, 214 S.W.3d 459 (Tex. App. 2005).
“Therefore, the seizure of the wallet was permissible under the “plain feel” exception as endorsed in Carmouche . Moreover, the search of appellant and seizure of his wallet were justified as a search incident to arrest.”
United States v. Taylor, 592 F.3d 1104 (10th Cir. 2010).
“at 13-14; see Tex. Transp. Code Ann. §§ 521.025 , 542.301, 543.”
Joseph v. State, 514 S.W.3d 838 (Tex. App. 2017).
“See Tex. Transp. Code § 521.025. They searched his car and found a baggie of cocaine.”
Ex parte Alfaro, 378 S.W.3d 677 (Tex. App. 2012).
“02 (West 2011); Tex. Transp. Code Ann. § 521.025 (a), (c) (West Supp.”
Allen v. State, 11 S.W.3d 474 (Tex. App. 2000).
“Tex. Transp. Code Ann. § 521.025 (a) (Vernon 1999).”
— Tex. Transp. Code § 521.025(a) — 2 cases
Brithe Thompson v. State, 408 S.W.3d 614 (Tex. App. 2013).
“Although Ernst could have arrested appellant for failing to have her driver's license in her possession, see Tex. Transp. Code § 521.025(a), (c), he chose not to do so, opting instead to conduct a computer search to determine if appellant had a valid license.”
— Tex. Transp. Code § 521.025(a)(2) — 1 case
— Tex. Transp. Code § 521.025(b) — 2 cases
United States v. Zavala, 541 F.3d 562 (5th Cir. 2008).
“See Tex. TRAnsp. Code §§ 521.025(b), 601.053(a), (b); see also Finley, 477 F.”
— Tex. Transp. Code § 521.025(d) — 1 case
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