Tex. Transp. Code Section 521.457
Driving While License Invalid


(a)

A person commits an offense if the person operates a motor vehicle on a highway:

(1)

after the person’s driver’s license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;

(2)

during a period that the person’s driver’s license or privilege is suspended or revoked under any law of this state;

(3)

while the person’s driver’s license is expired if the license expired during a period of suspension; or

(4)

after renewal of the person’s driver’s license has been denied under any law of this state, if the person does not have a driver’s license subsequently issued under this chapter.

(b)

A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver’s license and the person operates a motor vehicle on a highway.

(c)

It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341 (Requirements for Automatic License Suspension).

(d)

Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341 (Requirements for Automatic License Suspension), that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person’s license. For purposes of this section, actual notice is presumed if the notice was sent in accordance with law.

(e)

Except as provided by Subsections (f), (f-1), and (f-2), an offense under this section is a Class C misdemeanor.

(f)

An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person:

(1)

has previously been convicted of an offense under this section or an offense under Section 601.371 (Operation of Motor Vehicle in Violation of Suspension; Offense)(a), as that law existed before September 1, 2003; or

(2)

at the time of the offense, was operating the motor vehicle in violation of Section 601.191 (Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement; Offense).

(f-1)

If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.

(f-2)

An offense under this section is a Class A misdemeanor 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 (Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement; Offense) and caused or was at fault in a motor vehicle collision that resulted in serious bodily injury to or the death of another person.

(g)

For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.

(h)

Except as provided by Subsection (i), the department may not suspend a person’s driver’s license under Section 521.292 (Department’s Determination for License Suspension)(a)(1), or extend the period a person’s driver’s license is suspended under Section 521.343 (Period of Suspension; Extension)(c), for a conviction of an offense under this section if:

(1)

the offense was committed before September 1, 2019;

(2)

the person was convicted of the offense after August 31, 2023; and

(3)

the person pays the department the fee required under Section 521.313 (Reinstatement and Reissuance; Fee)(a) or any other fee required for the reinstatement of the person’s driver’s license in the manner prescribed by the department.

(i)

Subsection (h) does not apply to:

(1)

a commercial driver’s license issued under Chapter 522 (Commercial Driver’s Licenses); or

(2)

a person who was transporting hazardous materials or operating a commercial motor vehicle at the time of the offense under this section.

(j)

The fee collected under Subsection (h)(3) shall be deposited to the credit of the Texas mobility fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.98(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1207, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 855, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1284 (H.B. 2012), Sec. 2, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 4, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 43 (H.B. 842), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 25, eff. September 1, 2023.

Source: Section 521.457 — Driving While License Invalid, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­521.­htm#521.­457 (accessed Feb. 22, 2024).

521.001
Definitions
521.002
Convenience to Public
521.003
Enrollment and Attendance Verification
521.004
Penal Code References
521.005
Rulemaking Authority
521.006
Advertising in Driver’s Handbook and Driver’s License Mailings
521.007
Temporary Visitor Stations
521.008
Voluntary Contributions
521.009
Program Regarding the Provision of Renewal and Duplicate Driver’s License and Other Identification Certificate Services
521.011
Services Information for Veterans
521.013
Voluntary Contribution for Trafficked Persons Program Account
521.0015
Statutory References
521.015
Voluntary Contribution to Support Adoption
521.021
License Required
521.022
Restrictions on Operators of Certain School Buses
521.023
Junior College Buses
521.024
Restrictions on Certain Common Carriers
521.025
License to Be Carried and Exhibited on Demand
521.026
Dismissal of Expired License Charge
521.027
Persons Exempt from License Requirement
521.028
Effect of Military Service on License Requirement
521.029
Operation of Motor Vehicle by New State Residents
521.030
Reciprocal License
521.031
License from Other Authority
521.032
Enhanced Driver’s License or Personal Identification Certificate
521.041
Application Records
521.042
Collision and Conviction Reports
521.043
Elimination of Certain Unnecessary Records
521.044
Use or Disclosure of Social Security Number Information
521.045
Disclosure of Certain Information Relating to Individual Operator
521.046
Disclosure of Collision and Conviction Information
521.047
Disclosure of Information to License Holder
521.048
Certified Information
521.049
Information Supplied to Certain Governmental Entities
521.050
Sale of License Information
521.051
Disclosure of Certain Information Prohibited
521.052
Disclosure of Individual Information Prohibited
521.053
Commercial Driver’s License Information
521.054
Notice of Change of Address or Name
521.055
Establishment of Interactive System
521.056
National Driver Register
521.057
Information Regarding Certain Sex Offenders
521.058
Disposition of Fees
521.059
Image Verification System
521.060
Emergency Contact and Medical Information Databases
521.0061
Advertising Inside Driver’s License Offices
521.061
Internal Verification System
521.062
Driver Record Monitoring Pilot Program
521.0062
Information on Driving with Autism
521.0063
Information on Bone Marrow Donation
521.063
Mailing Address Verification System
521.081
Class a License
521.082
Class B License
521.083
Class C License
521.084
Class M License
521.085
Type of Vehicle Authorized
521.101
Personal Identification Certificate
521.102
Designator on Personal Identification Certificate Issued to Veteran
521.103
Expiration and Renewal Requirements for Certain Sex Offenders
521.104
Renewal by Mail or Electronic Means
521.121
General Information on Driver’s License
521.122
Type of Vehicle Required to Be Indicated on License
521.125
Medical and Emergency Information on License
521.126
Electronically Readable Information
521.127
Use of Diacritical Marks
521.141
General Application Requirements
521.142
Application for Original License
521.143
Evidence of Financial Responsibility Required
521.144
Application by New State Resident
521.146
Application for Duplicate License or Certificate
521.147
Registration with Selective Service System
521.148
Application for Class M License or Authorization to Operate Motorcycle
521.161
Examination of License Applicants
521.162
Alternate Examination in Spanish
521.163
Reexamination
521.164
Exemption from Certain Examination Requirements for Licensed Nonresidents
521.165
Testing by Other Entities
521.166
Motorcycle Road Test Requirements
521.167
Waiver of Certain Education and Examination Requirements
521.168
Payment of Fees for Certain Foster and Homeless Children and Youths
521.181
Issuance of Driver’s License
521.182
Surrender of License Issued by Other Jurisdiction
521.183
Surrender of Driver’s License or Personal Identification Certificate
521.201
License Ineligibility in General
521.202
Ineligibility for License Based on Certain Convictions
521.203
Restrictions on Class a and B Licenses
521.204
Restrictions on Minor
521.206
Collision Rate Statistics Publication
521.221
Imposition of Special Restrictions and Endorsements
521.222
Learner License
521.223
Hardship License
521.224
Restricted Class M License
521.241
Definitions
521.242
Eligibility
521.243
Notice to State
521.244
Determination of Essential Need
521.245
Required Alcohol Dependence Counseling
521.246
Ignition Interlock Device Requirement
521.247
Approval of Ignition Interlock Devices by Department
521.248
Order Granting License
521.249
Notice to Department
521.250
Court Order in Operator’s Possession
521.252
License Revocation
521.253
Criminal Offense
521.271
License Expiration
521.272
Renewal of License Issued to Certain Sex Offenders
521.273
Renewal Examinations
521.274
Renewal by Mail or Electronic Means
521.275
Change of Driver’s License or Personal Identification Certificate Number
521.291
Rules
521.292
Department’s Determination for License Suspension
521.294
Department’s Determination for License Revocation
521.295
Notice of Department’s Determination
521.296
Notice of Suspension or Revocation
521.297
Suspension, Revocation, or Disqualification Effective Date
521.298
Hearing Request
521.299
Hearing Date
521.300
Hearing: Location
521.301
Issue at Hearing
521.302
Failure to Appear
521.303
Continuance
521.304
Cancellation of Minor’s License on Cosigner’s Request
521.0305
Agreements with Foreign Countries
521.305
Cancellation of Minor’s License on Death of Cosigner
521.306
Effect of Conduct in Other Jurisdiction
521.307
Suspension of Certain Provisional Licenses
521.308
Appeal
521.309
Probation of Suspension
521.310
Probation Violation
521.311
Effective Date of Order
521.312
Period of Suspension or Revocation
521.313
Reinstatement and Reissuance
521.314
Cancellation Authority
521.315
Surrender of License
521.316
Suspended Foreign License
521.317
Denial of License Renewal After Warning
521.318
Nonresidents
521.319
Revocation for Medical Reasons
521.320
Suspension for Certain Criminal Mischief
521.341
Requirements for Automatic License Suspension
521.343
Period of Suspension
521.344
Suspension for Offenses Involving Intoxication
521.345
Suspension on Order of Juvenile Court or on Order of Court Based on Alcoholic Beverage Violation by Minor
521.346
Suspension on Conviction of Certain Fraudulent Activities
521.347
Reports
521.348
Automatic Revocation for Certain Sex Offenders
521.349
Acquiring Motor Fuel Without Payment: Automatic Suspension
521.350
Suspension for Offense Relating to Racing of Motor Vehicle on Public Highway or Street
521.351
Purchase of Alcohol for Minor or Furnishing Alcohol to Minor: Automatic Suspension
521.371
Definitions
521.372
Suspension or License Denial
521.373
Reinstatement Requirements
521.374
Educational Program or Equivalent Education
521.375
Joint Adoption of Rules
521.376
Duties of Texas Department of Licensing and Regulation, Health and Human Services Commission, and Texas Department of Criminal Justice
521.377
License Reinstatement
521.401
Statement of Gift
521.402
Revocation of Statement of Gift
521.421
License Fees
521.422
Personal Identification Certificate Fee
521.424
Duplicate License or Certificate Fee
521.425
Remittance of Fees and Charges
521.426
Disabled Veteran Exemption
521.427
Disposition of Fees
521.428
County or Municipal Fee
521.0445
Notice Regarding Suspension of License for Nonpayment of Child Support
521.451
General Violation
521.452
Alias Driver’s License for Law Enforcement Purposes
521.453
Fictitious License or Certificate
521.454
False Application
521.455
Use of Illegal License or Certificate
521.456
Delivery or Manufacture of Counterfeit Instrument
521.457
Driving While License Invalid
521.458
Permitting Unauthorized Person to Drive
521.459
Employment of Unlicensed Driver
521.460
Motor Vehicle Rentals
521.461
General Criminal Penalty
521.0475
Disclosure of Abstract Record
521.0485
Requests for Information by Mail or Electronic Means
521.1015
Personal Identification Certificate Issued to Foster Child or Youth or Homeless Child or Youth
521.1016
Personal Identification Certificate Issued to Victims and Children of Victims of Dating or Family Violence
521.1211
Driver’s License for Peace Officers and Prosecutors
521.1235
Designator on License Issued to Veteran
521.1251
Optional Health Condition or Disability Designation
521.1421
Inmate Identification Verification Pilot Program
521.1425
Information Required to Be Furnished to Department
521.1426
Domicile Requirement
521.1427
Post Office Box Not Valid as Address
521.1601
Driver Education Required
521.1655
Testing by Driver Education School and Certain Driver Education Course Providers
521.1811
Waiver of Fees for Foster Child or Youth, Homeless Child or Youth, or Victim or Child of Victim of Dating or Family Violence
521.1812
Waiver of Certain Fees for Certain Applicants Who Hold Cardiopulmonary Resuscitation Certification
521.2421
Petition
521.2422
Court Costs
521.2423
Forms
521.2424
Commercial Motor Vehicles
521.2461
Testing for Alcohol or Controlled Substances
521.2462
Supervision of Person Issued Occupational Driver’s License
521.2465
Restricted License
521.2475
Ignition Interlock Device Evaluation
521.2476
Minimum Standards for Vendors of Ignition Interlock Devices
521.3451
Suspension or Denial on Order of Justice or Municipal Court for Contempt of Court
521.3452
Procedure in Cases Involving Minors
521.3465
Automatic Suspension on Conviction of Certain Offenses Involving Fictitious Motor Vehicle License Plates, Registration Insignia, or Vehicle Inspection Reports
521.3466
Automatic Revocation for Offense Involving Certain Fraudulent Governmental Records
521.4265
Identification Fee Exemption Account
521.4565
Conspiring to Manufacture Counterfeit License or Certificate

Accessed:
Feb. 22, 2024

§ 521.457’s source at texas​.gov