| (a) Commercial driver license (CDL) holders and original
CDL applicants must self-certify to one of the categories detailed
in this subsection:
(1) Non-excepted interstate. A person who operates
or expects to operate in interstate commerce, is both subject to and
meets the qualification requirements under 49 CFR Part 391, and is
required to obtain a medical examiner's certificate by 49 CFR §391.45.
(2) Excepted interstate. A person who operates or expects
to operate in interstate commerce, but engages exclusively in transportation
or operations excepted under 49 CFR §§390.3(f), 391.2, 391.68,
or 398.3 from all or parts of the qualification requirements of 49
CFR §391, and is therefore not required to obtain a medical examiner's
certificate by 49 CFR §391.45.
(3) Non-excepted intrastate. A person who operates
only in intrastate commerce, and is both subject to and meets the
State of Texas driver qualification requirements under §4.11
of this title (relating to General Applicability and Definitions)
and is required to obtain a medical examiner's certificate.
(4) Excepted intrastate. A person who operates in intrastate
commerce, but engages exclusively in transportation or operations
excepted as provided by §4.12 of this title (relating to Exemptions
and Exceptions) and is therefore not required to obtain a medical
examiner's certificate.
(b) CDL holders and original CDL applicants who certify
to subsection (a)(1) or (3) of this section are required to provide
a valid medical certificate to the department. The department must
deny the issuance of the CDL if a medical certificate is required
or expired and a valid medical certificate is not provided at the
time of issuance or renewal.
(c) The department must downgrade a holder's CDL to
a non-CDL on the 60th day after expiration of the medical certificate
if a valid medical certificate is required and is not provided to
the department.
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