1. (a) An applicant may be exempted from the skills exam if:

   1. (1) currently licensed (in Texas or in another state);

   2. (2) for the 2 years preceding application:

      1. (A) has not had more than one license at any one time;
      2. (B) has not had any license suspended, revoked, disqualified, denied, or canceled;
      3. (C) has not had a conviction for any disqualifying offense, such as Driving While Intoxicated, Driving Under the Influence of Drugs, Failure to Give Information and Render Aid, Refusal or Failure of a Blood, Breath, or Urine Exam, failure to comply with any offense as cited in Texas Transportation Code, Chapter 550, a felony involving the use of a commercial motor vehicle (CMV), or use of a CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance; and
      4. (D) has not been convicted for a serious traffic violation. These convictions may result from the operation of any vehicle; and

   3. (3) regularly employed in a job requiring the operation of a CMV:

      1. (A) has previously taken and passed a skills exam given by a state with a classified licensing system and the exam was behind-the-wheel in a representative vehicle for the driver license classification; or
      2. (B) has operated for at least two years immediately preceding application for a commercial driver license (CDL), a vehicle representative of the CMV the applicant operates or expects to operate.
2. (b) Waivers for the skills exam only apply to original applicants for CDL. Those who subsequently apply for an advance in grade, removal of restriction, or addition of endorsement after receiving a CDL will not be given a second waiver of any required skills exams.
3. (c) Waivers for the skills exam apply only to CMV operators with an exempt status and those legally operating CMVs such as the operation of CMVs on non-public roads in large company lots such as power or chemical companies.
4. (d) Applicants who hold a CDL from another state will not be required to take any knowledge or skills exams when making an application for an original Texas CDL of the same class and with the same restrictions or endorsements excluding the hazardous materials endorsement. Applicants desiring to retain the hazardous materials endorsement must take and pass the hazardous materials knowledge examination and pass a background check conducted by the appropriate federal agency. To maintain the hazardous materials endorsement beyond the initial 90 day period from date the CDL is issued, the department must receive a notification of no security threat from the appropriate federal agency conducting the background check. Applicants must surrender a valid CDL license, a valid CDL temporary permit, or other acceptable proof that the person has a valid license from another state in order to have the exams waived.

Source Note:The provisions of this §16.29 adopted to be effective September 14, 2016, 41 TexReg 7117.