Texas driving laws

The rules your permit test asks about, in plain English. Each one is quoted from Texas’s statutes or an official DPS page. Handbooks are often years out of date, so where the law has changed we follow the law.

Checked October 2, 2026.

The short version

Alcohol and drugs (DUI)
In Texas you are intoxicated at a 0.08 alcohol concentration (0.04 in a commercial vehicle) or whenever you lack normal use of your faculties.
Seat belts and child seats
Everyone 15 or older in a seat with a belt must buckle up, front and back.
Speed limits
Unless posted otherwise, the limit is 30 mph on city streets (15 mph in alleys), 70 mph on numbered state and US highways outside cities, and 60 mph on other rural roads.

Phones and texting

Texas bans all drivers from reading, writing or sending electronic messages on a hand-held device while the vehicle is moving, and bans any phone use in school crossing zones unless hands-free. Drivers under 18 may not use a wireless device at all, even hands-free, except in an emergency.

Official wording (6 sources)
  • “An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.”
    tcss.legis.texas.gov
  • “an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302 , Transportation Code, unless: (1) the vehicle is stopped; or (2) the wireless communication device is used with a hands-free device.”
    tcss.legis.texas.gov
  • “A person under 18 years of age may not operate a motor vehicle while using a wireless communication device, except in case of emergency.”
    tcss.legis.texas.gov
  • “In this section, "wireless communication device" means a handheld or hands-free device that uses commercial mobile service, as defined by 47 U.S.C. Section 332.”
    tcss.legis.texas.gov
  • “An offense under this section is a misdemeanor punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this section, in which event the offense is punishable by a fine of at least $100 and not more than $200.”
    tcss.legis.texas.gov
  • “an offense under this section is a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year if it is shown on the trial of the offense that the defendant caused the death or serious bodily injury of another person.”
    tcss.legis.texas.gov

Alcohol and drugs (DUI)

In Texas you are intoxicated at a 0.08 alcohol concentration (0.04 in a commercial vehicle) or whenever you lack normal use of your faculties; drivers under 21 may not have any detectable alcohol. Refusing a breath or blood test suspends your license for 180 days.

Official wording (12 sources)
  • “"Intoxicated" means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol”
    tcss.legis.texas.gov
  • “or (B) having an alcohol concentration of 0.08 or more.”
    tcss.legis.texas.gov
  • “A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system.”
    tcss.legis.texas.gov
  • “the person has driven a commercial motor vehicle while the person's alcohol concentration was 0.04 or more.”
    tcss.legis.texas.gov
  • “If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall: (1) suspend the person's license to operate a motor vehicle on a public highway for 180 days”
    tcss.legis.texas.gov
  • “The period of suspension or denial is two years if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts”
    tcss.legis.texas.gov
  • “a refusal to submit a specimen will result in the person's being immediately placed out of service for 24 hours and being disqualified from driving a commercial motor vehicle for at least one year”
    tcss.legis.texas.gov
  • “an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.”
    tcss.legis.texas.gov
  • “An individual adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days”
    tcss.legis.texas.gov
  • “an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.”
    tcss.legis.texas.gov
  • “the person was operating the motor vehicle in a school crossing zone during the time the reduced speed limit applies to the zone, the offense is a state jail felony.”
    tcss.legis.texas.gov
  • “not less than 90 days or more than one year, if the person is punished under Section 49.04 , 49.045 , or 49.07 , Penal Code”
    tcss.legis.texas.gov

Seat belts and child seats

Everyone 15 or older in a seat with a belt must buckle up, front and back; the driver is responsible for every child under 17. Children under 8 must ride in a child safety seat or booster unless they are taller than 4 feet 9 inches.

Official wording (5 sources)
  • “is at least 15 years of age; (B) is riding in a passenger vehicle while the vehicle is being operated; (C) is occupying a seat that is equipped with a safety belt; and (D) is not secured by a safety belt”
    tcss.legis.texas.gov
  • “allows a child who is younger than 17 years of age and who is not required to be secured in a child passenger safety seat system under Section 545.412 (a) to ride in the vehicle without requiring the child to be secured by a safety belt”
    tcss.legis.texas.gov
  • “transports a child who is younger than eight years of age, unless the child is taller than four feet, nine inches, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system”
    tcss.legis.texas.gov
  • “An offense under this section is a misdemeanor punishable by a fine of not less than $25 and not more than $250.”
    tcss.legis.texas.gov
  • “The driver and all passengers, regardless of age, in a passenger vehicle are required to use safety belts if occupying a seat in a vehicle equipped with a safety belt.”
    dps.texas.gov

Move Over law

When you approach a stopped emergency vehicle, tow truck, TxDOT or road-work vehicle, utility vehicle, garbage or recycling truck, toll-authority vehicle, animal-control vehicle or parking-enforcement vehicle using its lights, move out of the lane next to it. If you can't, slow to 20 mph under the limit (5 mph when the limit is under 25).

Official wording (6 sources)
  • “vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or (2) slow to a speed not to exceed: (A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more”
    tcss.legis.texas.gov
  • “five miles per hour when the posted speed limit is less than 25 miles per hour.”
    tcss.legis.texas.gov
  • “a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702 ; (2) a stationary tow truck using equipment authorized by Section 547.305 (d)”
    tcss.legis.texas.gov
  • “a vehicle operated by an animal control officer, as defined by Section 829.001 , Health and Safety Code, for the purpose of removing an animal or animal carcass from a roadway”
    tcss.legis.texas.gov
  • “a vehicle operated by an employee of a local authority for the purpose of issuing a parking citation”
    tcss.legis.texas.gov
  • “An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250”
    tcss.legis.texas.gov

School buses

Traffic from both directions must stop for a school bus that is loading or unloading with its signals on, and wait until the bus moves, the driver waves you on, or the lights go off. You need not stop if the bus is on a different roadway of a divided highway.

Official wording (5 sources)
  • “An operator on a highway, when approaching from either direction a school bus stopped on the highway to receive or discharge a student: (1) shall stop before reaching the school bus when the bus is operating a visual signal”
    tcss.legis.texas.gov
  • “may not proceed until: (A) the school bus resumes motion; (B) the operator is signaled by the bus driver to proceed; or (C) the visual signal is no longer actuated.”
    tcss.legis.texas.gov
  • “An operator on a highway having separate roadways is not required to stop: (1) for a school bus that is on a different roadway”
    tcss.legis.texas.gov
  • “a highway is not considered to have separate roadways if the highway has roadways separated only by a left turn lane.”
    tcss.legis.texas.gov
  • “An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,250”
    tcss.legis.texas.gov

Speed limits

Unless posted otherwise, the limit is 30 mph on city streets (15 mph in alleys), 70 mph on numbered state and US highways outside cities, and 60 mph on other rural roads. The state may post up to 75 mph, 80 mph on parts of I-10 and I-20, and 85 mph on roads designed for it.

Official wording (5 sources)
  • “30 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley”
    tcss.legis.texas.gov
  • “70 miles per hour on a highway numbered by this state or the United States outside an urban district, including a farm-to-market or ranch-to-market road”
    tcss.legis.texas.gov
  • “60 miles per hour on a highway that is outside an urban district and not a highway numbered by this state or the United States”
    tcss.legis.texas.gov
  • “the commission may establish a speed limit not to exceed 85 miles per hour on a part of the state highway system if: (1) that part of the highway system is designed to accommodate travel at that established speed or a higher speed”
    tcss.legis.texas.gov
  • “the commission may establish a speed limit of 80 miles per hour on a part of Interstate Highway 10 or Interstate Highway 20”
    tcss.legis.texas.gov

After a crash

If a crash injures or kills someone, or leaves a vehicle unable to be driven safely, notify the police (or sheriff) immediately by the quickest means. Drivers no longer file their own written crash report; the investigating officer files it.

Official wording (4 sources)
  • “The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision”
    tcss.legis.texas.gov
  • “local police department if the collision occurred in a municipality”
    tcss.legis.texas.gov
  • “A law enforcement officer who in the regular course of duty investigates a motor vehicle collision shall make a written report of the collision if the collision resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more.”
    tcss.legis.texas.gov
  • “must be filed electronically with the department not later than the 10th day after the date of the collision.”
    tcss.legis.texas.gov

Insurance

Texas requires liability insurance of at least $30,000 per injured person, $60,000 per crash for injuries, and $25,000 for property damage (30/60/25).

Official wording (2 sources)
  • “$30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision”
    tcss.legis.texas.gov
  • “$25,000 for damage to or destruction of property of others in one collision.”
    tcss.legis.texas.gov

Motorcycle helmets

Riders and passengers under 21 must wear a helmet. Riders 21 and older may ride without one only if they have completed an approved motorcycle safety course or have health insurance covering motorcycle crash injuries.

Official wording (4 sources)
  • “operates or rides as a passenger on a motorcycle on a public street or highway; and (2) is not wearing protective headgear that meets safety standards adopted by the department.”
    tcss.legis.texas.gov
  • “the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan”
    tcss.legis.texas.gov
  • “A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course”
    tcss.legis.texas.gov
  • “A motorcycle windshield or fairing alone is not adequate for eye protection. Eye protection should: Be shatterproof Be securely fastened Be optically clear”
    tdlr.texas.gov

Motorcycle permit rules

Texas has a motorcycle learner license (restriction J): you may practice only with a licensed motorcycle operator 21 or older in sight. Every new Class M applicant must complete a TDLR-approved safety course; riders aged 15 are limited to 250cc until 16 and a skills test.

Official wording (6 sources)
  • “Motorcycle Learner License (J Restriction) : Allows practice only under the supervision of a licensed motorcycle order aged 21 or older who remains sight.”
    dps.texas.gov
  • “Engine Size (I Restriction) : Limited to 15-year-olds; restricts riding to motorcycles 250cc or less. This restriction is removed at age 16 after passing a skills test administered by the Department.”
    dps.texas.gov
  • “An applicant for an original Class M license or Class A, B, or C driver's license that includes an authorization to operate a motorcycle must furnish to the department evidence satisfactory to the department that the applicant has successfully completed a motorcycle operator training course”
    tcss.legis.texas.gov
  • “This section does not apply to a person who holds a valid driver's license issued by another state that includes an authorization to operate a motorcycle.”
    tcss.legis.texas.gov
  • “A learner license will indicate “Learner License” on the front of the card and expire on the minor’s 18th birthday.”
    dps.texas.gov
  • “A person under 17 years of age who holds a restricted motorcycle license may not operate a motorcycle while using a wireless communication device, except in case of emergency.”
    tcss.legis.texas.gov

Lane splitting

Lane splitting is illegal in Texas: a motorcyclist may not ride between lanes of traffic moving in the same direction or pass a vehicle in the same lane. Two motorcycles may ride side by side in one lane.

Official wording (2 sources)
  • “operate the motorcycle between lanes of traffic moving in the same direction; or (C) pass a motor vehicle while in the same lane as the vehicle being passed.”
    tcss.legis.texas.gov
  • “is entitled to full use of a lane and, except as otherwise provided by Subdivision (2), a motor vehicle may not be driven in a manner that deprives a motorcycle of the full use of a lane”
    tcss.legis.texas.gov

This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Texas Department of Public Safety, Driver License Division.

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