Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS · CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES
Texas Codes

Tex. Transp. Code § 521.459 (2026)

Employment Of Unlicensed Driver

✓ current as of May 2026
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Sec. 521.459. EMPLOYMENT OF UNLICENSED DRIVER. (a) Before employing a person as an operator of a motor vehicle used to transport persons or property, an employer shall request from the department:

(1) a list of convictions for traffic violations contained in the department records on the potential employee; and

(2) a verification that the person has a license.

(b) A person may not employ a person as an operator of a motor vehicle used to transport persons or property who does not hold the appropriate driver's license to operate the vehicle as provided by this chapter.

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

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2023 · leading case: Houston Cab Co. v. Fields, 249 S.W.3d 741 (Tex. App. 2008).
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Houston Cab Co. v. Fields, 249 S.W.3d 741 (Tex. App. 2008). “Code, which is entitled “Employment of Unlicensed Driver” and provides: (a) Before employing a person as an operator of a motor vehicle used to transport persons or property, an employer shall request from the department: (1) a list of convictions for traffic violations…”
Marybeth Nelson, as Adminstrator of the Est. of Rachel Hargraves, Zachary Hargraves, Wayne Hargraves & Michelle Hargraves, as Next Friends of O.H & L.H, Tony King, as Next Friend of A.K, Zachary Dulevitz as Next Friend of R.D, Christopher Lowrey & Jessica McCuiston v. H & E Equip. Servs., Inc. (Tex. App. 2023). “As to their negligence per se claims, appellants argued that H&E knowingly allowed an unlicensed person to operate a vehicle in the course of employment in violation of Texas Transportation Code § 521.459(b); allowed an unlicensed driver to operate a vehicle in violation of…”
Houston Cab Co. v. William J. Fields (Tex. App. 2008). “ansportation Code, which is entitled "Employment of Unlicensed Driver" and provides: (a) Before employing a person as an operator of a motor vehicle used to transport persons or property, an employer shall request from the department: (1) a list of convictions for traffic…”
— Tex. Transp. Code § 521.459(b) — 1 case
Marybeth Nelson, as Adminstrator of the Est. of Rachel Hargraves, Zachary Hargraves, Wayne Hargraves & Michelle Hargraves, as Next Friends of O.H & L.H, Tony King, as Next Friend of A.K, Zachary Dulevitz as Next Friend of R.D, Christopher Lowrey & Jessica McCuiston v. H & E Equip. Servs., Inc. (Tex. App. 2023). “As to their negligence per se claims, appellants argued that H&E knowingly allowed an unlicensed person to operate a vehicle in the course of employment in violation of Texas Transportation Code § 521.459(b); allowed an unlicensed driver to operate a vehicle in violation of…”
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