September 19, 1990
Honorable Benjamin Euresti, Jr. Opinion No. JM-1226
County Attorney
Cameron County Courthouse Re: Whether Mexican op-
974 E. Harrison Street erators of motor vehicles
Brownsville, Texas 78520 used for commercial pur-
poses must obtain Texas
driver's licenses
(RQ-1975)
Dear Mr. Euresti:
Your request concerns the state licensing requirements
that must be satisfied prior to driving commercial motor
vehicles in Texas. Two state statutes currently regulate
the issuance and continuance of driver's licenses whose
possession authorizes the holders to drive various motor
vehicles in Texas. Those statutes are articles 6687b and
6687b-2, V.T.C.S. Since your request focuses on article
668733, we first address your questions under that statute.
Section 2(a) of article 668733 provides that unless
expressly exempted by the act, no person may drive a motor
vehicle on a highway in Texas without a driver's license
issued in accordance with the act. You ask whether section
3(e) of article 6687b exempts Mexican commercial truck
operators driving Mexican commercial vehicles in Texas from
the license requirements of the act.1 You also ask whether
1. We assume for purposes of this opinion that the
Mexican commercial drivers are not Texas residents, but are
instead Mexican residents who are entitled to the benefit of
Mexican laws and treaties. See Attorney General Opinion
JM-611 (1986) (concluding article 668733 exempts persons
holding valid driver's licenses from other states or
countries only if such persons are not Texas residents):
see also 37 T.A.C. S 15.1(2)(defining uresident@' for
driver's licenses purposes as a person domiciled in Texas),
15.1(3) (classifying all others as "nonresidents").
P. 6507
Honorable Benjamin Euresti, Jr. - Page 2 (JM-1226)
an exemption under section 3(e) is dependent on a reciprocal
exemption by Mexico of commercial drivers licensed by Texas.
Section 3(e) of the act exempts from the act's license
requirements:
Any nonresident who is at least eighteen
(18) years of age and who has in his imme-
diate possession a valid Class A or Class B
driver's license or similar license issued to
him by his home state shall not be required
to secure such license under this Act, p~pz
vided the state or country of his residence
likewise recognizes such licenses issued by
the State of Texas and exempts the holders
thereof from securing such licenses from such
foreign state or country. The purnose of
this section is to extend full reciorocitv
to citizens of other states and foreign
countries which extend like privileges to
citizens of the State of Texas. (Emphasis
added.)
Possession of either a valid Class A or B license or a valid
Class C license, the other motor vehicle license issued
under the act, authorizes the use of motor vehicles based on
their weight ratings or passenger capacity and thus covers
vehicles used for both commercial and noncommercial reasons.
V.T.C.~;,;;t.,6687b, 5 4A(b)T(d): Be also i9, 5 1; V.T.C.S.
. f 2(a)-(b) (cited provisions read together
define "mot& vehicle" for purposes of article 66871, to
cover in general vehicles used for the transportation of
persons or property by highway). Article 668731-2 also uses
a vehicle classification system that is based in part on
weight ratings or passenger capacity. Since you did not
present and we are not otherwise in possession of particular
facts describing the weight ratings, passenger capacity, or
other characteristics of the motor vehicles in issue, we
cannot determine whether the licensing provisions of article
6687b or 668713-2 apply to them. Thus, we first assume that
the vehicles are within the scope of the licensing
provisions of article 668733, and later for purposes of our
discussion of article 6687b-2, we assume that the vehicles
p. 6508
Honorable Benjamin Euresti, Jr. - Page 3 (JM-1226)
are within the reach of the licensing provisions of article
668733-2.2
The predecessor of section 3(e), formerly codified as
section 3(4), exempted prior to 1947 only residents of other
states who held chauffeur's licenses. Acts 1941, 47th Leg.,
ch. 173, 5 3(4), at 247-48. In 1947 the legislature passed
House Bill 293 and extended the exemption in section 3(4) to
residents of other states who held operator's or commercial
operator's licenses and to other nonresidents who possessed
operator‘s, chauffeur's, or commercial operator's licenses
or similar licenses from their home governments "provided
the State or Country of . . , [their] residence likewise
recognizes such licenses issued by the State of Texas and
exempts the holders thereof from securing such licenses from
such foreign State or Country." Acts 1947, 50th beg., ch.
108, 5 1, at 171. The caption and the emergency clause show
that the legislature intended to extend reciprocity to
citizens of other states and foreign countries that extended
a similar exemption to Texas residents. Ig, at 171-72.
Soon after the passage of House Bill 293, this office
P issued Attorney General Opinion V-980 (1949), which held
that this state could automatically suspend the driving pri-
vileges of a nonresident holding an out-of-state license who
was convicted of an offense under article 668733 and take
custody of the nonresident's out-of-state license. It
stated that section 3(4) had extended Texas driving pri-
vileges to nonresidents only if they had in their immediate
possession an appropriate out-of-state license and if
reciprocity was "present between that State and this State
as to recognition of each State's licenses." Attorney
General Opinion V-980 at 3.
The 1983 amendments to article 6687b reclassified
section 3(4) to section 3(e) and modified the language of
the 1947 amendment to reflect the change to alphabetical
licenses covering vehicles based on their weight ratings or
2. Our subsequent discussion of article 668733-2 will
show that the enactment of that article removed from the
scope of the licensing provisions of article 6687b a
significant number of vehicles used for commercial purposes.
That discussion will also show that the licensing reguire-
ments of article 6687b continue to apply to some commercial
vehicles.
P
p. 6509
Honorable Benjamin Euresti, Jr. - Page 4 (JM-1226)
passenger capacity. w Acts 1983, 68th Lag., ch. 345, g 2,
at 1797.
Neither the provisions of House Bill 293 nor the
current language of section 3(e) makes a distinction for
purposes of the exemption between drivers of commercial and
noncommercial vehicles. Consequently, an exemption under
section 3(e) is available to a nonresident with regard
to any motor vehicle currently within the scope of the
licensing provisions of article 668713, including one used
for commercial purposes, but only if reciprocity is present
between Texas and the nonresident's home government with
regard to similar driver's licenses and the nonresident has
a valid license issued to him by his home government.
Furthermore, according to the current as well as past
versions of the exemption, the nonresident must be 18 years
of age or older.
Even assuming the Mexican drivers in issue are 18 years
or older and possess appropriate Mexican licenses, you have
not mentioned any reciprocal arrangement between Mexico and
the United States or Texas with regard to licenses
authorizing the use of motor vehicles for commercial
purposes or any Mexican legislation allowing licensed Texas
commercial drivers to operate their vehicles on Mexican
highways without obtaining local licenses. Mexico and the
United States, however, are signatories to a 1943 treaty
that covers the use of certain motor vehicles in each
country. That treaty, the Convention on the Regulation
of Inter-American Automotive Traffic (hereinafter the
Convention) was opened for signature at the Pan American
Union on December 15, 1943. c. Bevans, 3 eaties and
ti
t
America 1776-1949 at 865e(1969) (contains reproduction of
treaty) (hereinafter l*Bevans'l); M 61 Stat. 1129:
T.I.A.S. NO. 1567 (also contains reproductions).
The Convention facilitates the movement of motor
vehicles among the American republics by agreeing to the
acceptance of each individual republic's licensing of
vehicle operators and registration of vehicles and providing
for the recognition of international vehicle certificates
and driver's licenses. Article II of the Convention defines
a motor vehicle 'aa any self-propelled vehicle circulating
upon a public highway without the need of rails and used for
the transport of persons or merchandise." 3 Bevans at 866.
The term Wmerchandise" is not defined by the Convention,
although "highway" is defined "as any public way maintained
for and open to the use of the public for purposes of
vehicular travel." & The Convention does not expressly
D. 6510
Honorable Benjamin Euresti, Jr. - Page 5 (JM-1226)
refer to vehicles used for commercial purposes. See
H. Kelly, m
XVII Dep*t of State Bull. 1063, 1066-67 (1947) (ConventTo;l
silent with regard to problem presented by trucks and buses;
little expectation in 1940s of commercial vehicle traffic
developing over long distances).
The United States signed the Convention on December 31,
1943, and the Senate subsequently ratified it during the
summer of 1946. Upon deposit of the ratification on October
29, 1946, the treaty became effective with regard to the
United States. 3 Bevans at 865.
Mexico ,signed the treaty on April 14, 1949, with reser-
vations, ratified it on April 30, 1949, and deposited its
ratification on June 24, 1949. 3 Bevans at 875; Division of
Law and Treaties, Pan American Union, uter-American
cations. n
ReDosits with ILxdanatorv Notea 98 (1954). Mexico's res$"
vations to the treaty provide:
1. The approval which the Government of
Mexico grants is limited to the passage of
P private vehicles which carry their owners,
family, or friends and which are not used for
purposes of profit, and
2. Vehicles, destined for public service.
in carrying passengers and freight, will
continue to be subject to the dispositions of
Mexican legislation.
See U.S. Dep't of State, United States Treaty Developments
(Dec. 1950) (updating T.I.A.S. No. 1567 since December 15,
1943). We are unaware of any subsequent change or addition
to the Convention. We are also unaware of any United States
opinion construing either the Convention or the reservations
to the Convention by Mexico. The Convention is still in
force between the United States and Mexico. &8 U.S. Dep't
of State, Treaties in Force: A List of Treaties and Other
ational Aareement of the United States in Force on
zm 1. 199Q at 286.'
Given Mexico's reservations to the Convention, we con-
clude that the Convention does not establish an arrangement
between Mexico and the United States for the reciprocal
p. 6511
Honorable Benjamin Euresti, Jr. - Page 6 (JM-1226)
recognition of commercial driver's licenses.3 Since you
have not mentioned and we have not been able to locate any
other arrangement between the two countries with regard to
reciprocal recognition of commercial driver's licenses or
any Mexican legislation, we conclude that an exemption is
not currently available under section 3(e) of article 6687b
to Mexican operators who use commercial motor vehicles that
are within the scope of the licensing provisions of article
668733.
We next address your questions under the new Texas
Commercial Driver's License Act, article 6687b-2, V.T.C.S.
Article 668713-2 was added by House Bill 1935 of the 71st
Legislative Session, which also amended various provisions
of article 668733 to reflect the new act. Acts 1989, 71st
Leg., ch. 236, 55 1, 3-8, at 1086-1100. Article 668733-2
generally became effective April 1, 1990, the date on which
the amendments to article 6687b took effect.4
Article 6687b-2 regulates the issuance and continuance
of driver's licenses for the use of certain commercial motor
vehicles. Licenses issued under article 6687b-2 are de-
scribed as commercial driver's licenses and authorize
individuals to drive various classes of commercial motor
3. Texas has had in effect since 1976 regulations
providing that the reciprocal privileges described in the
1943 Convention are limited to private vehicles. g&g 37
T.A.C. 8 15.91 (a)-(b), (d)(2) (all commercial buses, trucks
and trailers are excluded). Since treaties entered into by
the United States are the supreme law of the land, we base
our conclusion not on these regulations but on the 1943 Con-
vention as signed with reservations by Mexico. w U.S.
Const. art. VI, cl. 2: see also Bidalao Countv Anoraisal
mat . af r N.V,, 756 S.W.2d 754, 756 (Tex. Civ. App. -
Corp;svChristT 1988 no writ) (state law in conflict with
United States treaties are invalid to the extent of the
conflict).
4. We address your questions under article 6687b-2
solely with regard to Mexican operators of commercial motor
vehicles and in light of the 1943 Convention and the
reservations to that treaty filed by Mexico. Since the
United States may have different arrangements with other
countries concerning automotive traffic, we do not address
the application of article 6687b-2 to residents of those
other countries.
p. 6512
Honorable Benjamin Euresti, Jr. - Page 7 (JM-1226)
vehicles. V.T.C.S. art. 6687b-2, Sf 3(3), 21. Section 3(6)
of the act defines %ommercial motor vehicle" for- purposes
of article 6687b-2 as:
[A] motor vehicle or combination of motor
vehicles used to transport passengers or
property if the motor vehicle:
(A) has a gross combination weight rating
of 26,001 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of
more than 10,000 pounds;
(B) has a gross vehicle weight rating of
26,001 or more pounds:
(C) is designed to transport 16 or more
passengers, including the driver: or
(D) is transporting hazardous materials
and is required to be placarded in accordance
with 49 C.F.R. Part 172, Subpart F.
rc- Section 21(b) of article 668733-2, which took effect April 1,
1990, authorizes the issuance of commercial driver's
licenses with Class A, B, and C classifications encompassing
vehicles classified according to weight rating and passenger
capacity. Se- also V.T.C.S. art. 6687b-2, 8 3(6).
The weight ratings and passenger capacity criteria used
in sections 3(6) and 21(b) of article 6687b-2 are similar to
the ratings and capacity criteria used in section 4A of
article 6687b. m V.T.C.S. art. 6687b, S 4(9) (resolving
the overlap between the two statutes). On or after the date
the Department of Public Safety (hereinafter the department)
begins issuance of commercial driver's licenses under
article 6687b-2, the department may not issue to drivers
Class A or B licenses under article 66871, unless the drivers
first provide sworn affidavits stating that the vehicles
that they will thereafter drive, requiring article 668713
Class A or Class B driver's licenses, are exempted from the
definition of commercial motor vehicle in article 6687b-2.
2L We understand that the department intends to begin
p. 6513
Honorable Benjamin Euresti, Jr. - Page 8 (JM-1226)
issuing commercial driver's licenses within the next few
months.5
Section 11(a) of article 6687b-2 provides that the
department may not generally issue a commercial driver's
license to a person unless Texas is the person's state of
domicile.6 Section 3(28) defines "state of domicilen as
"the state where a person has the person*8 true, fixed, and
permanent home and principal residence and to which the
person intends to return whenever absent." Section 3(27)
defines %tate* as a state of the United States or the
District of Columbia. Thus, foreign countries are not
included within the term 10state.W
Section 17 of article 668713-2, however, gives the
department discretionary authority to issue nonresident com-
mercial driver's licenses. "Nonresident commercial driver's
licensesH are %ommercial driver's licenses~@ for purposes of
article 6687b-2 that are issued by a state to a resident of
a foreign jurisdiction. See V.T.C.S. art. 668713-2, 8 3(23);
S
tyi~;y~d.L S 3(3) (defining "commercial driver's license"
any license that authorizes the operation of
5. Until then department begins issuing commercial
driver's licenses, an article 6687b license that is renewed
which permits the driving of a commercial motor vehicle as
described in article 6687b-2 continues in effect until the
earlier of April 1, 1992, or the date on which the license
expires or is suspended, revoked, or cancelled. April 1,
1992 is the effective date of the prohibition in section 9
of article 668733-2 that provides a person may not drive a
commercial motor vehicle covered by the new act without
possession of a valid commercial driver#s license. Acts
1989, 71st Leg., ch. 236, 5 12, at 1101. L 5 12(b).
6. The purpose of article 668733-2 is to implement the
federal Commercial Motor Vehicle Safety Act of 1986, 49
U.S.C. app. 58 2701-16. V.T.C.S. art. 6687b-2, 8 2. Both
the federal act and the state act contemplate that a person
operating a commercial motor vehicle will have only one
license. See. e.a,, 49 U.S.C. app. 5 2701; V.T.C.S. art.
668713-2, 5 4; see also 49 C.F.R. 5 383.21. Section
2708(a) (14) of the federal act requires that a state permit
a qualified driver holding a commercial motor vehicle
license from another state to operate commercial motor
vehicles within its boundaries.
p. 6514
Honorable Benjamin Euresti, Jr. - Page 9 (JM-1226)
commercial motor vehicles issued in accordance with article
668733-2).
Section 17, which took effect April 1, 1990, provides
that the department may issue nonresident commercial
driver's licenses to residents of a foreign jurisdiction "if
the United States Secretary of Transportation has determined
that the commercial motor vehicle testing and licensing
standards in the foreign jurisdiction do not meet the
standards established in 49 C.F.R. Part 383."7 A "foreign
jurisdiction" is a ujurisdiction other than a state of the
United States." V.T.C.S. art. 6687b-2, 5 3(18); see also 37
T.A.C. 8 16.41 (describing Mexico as a foreign jurisdiction
for purposes of article 6687b-2 and stating that a
nonresident must satisfy certain requirements). Before
issuing such a license, the department must ascertain the
practical capacity of discontinuing the license and
disqualifying the person "with the same conditions
applicable to a commercial driver's license issued to a
resident of this state." V.T.C.S. art. 6687b-2, 5 17. We
are informed that the department intends to begin issuing
nonresident commercial driver's licenses at the same time as
resident commercial driver's licenses.
The language used in section 17 suggests that the
department may not issue nonresident commercial driver's
licenses unless the federal government has issued a formal
determination that a foreign jurisdiction's standards do not
satisfy federal requirements. However, a review of all the
provisions of'the .act reveal that the legislature intended
that a nonresident obtain a nonresident commercial driver's
license unless the testing and licensing standards of the
nonresident's jurisdiction had been found satisfactory by
the federal government. &8 V.T.C.S. art. 668733-2, 5 9(a)
(a person may not drive a commercial motor vehicle unless he
possesses a valid commercial driver's license): & 5 31(a)
(mandatory recognition by Texas of certain out-of-state
7. Federal regulations, which take effect April 1,
1992, require a commercial motor vehicle operator domiciled
in a foreign jurisdiction to obtain a nonresident commercial
driver's license from a state that complies with the
applicable federal standards if the Department of Trans-
portation has determined that the jurisdiction does not have
testing and licensing standards in accordance with or
similar to the. applicable federal regulations. 49 C.F.R.
S 383.23(b).
r
p. 6515
Honorable Benjamin Euresti, Jr. - Page 10 (JM-1226)
licenses upon recognition by federal government of issuer's
standards). Unless Texas can issue nonresident commercial
driver's licenses pending a determination of satisfactory
standards by the federal government, nonresident operators
of commercial motor vehicles may be placed in the difficult
position of needing commercial driver's licenses without a
means for acquiring such licenses. Given the importance of
commercial traffic along Texas borders, it is doubtful the
legislature intended to place nonresident operators in such
a position. Thus, we construe section 17 as authorizing the
issuance of nonresident commercial driver's licenses unless
the federal government has determined that the standards of
the nonresident*8 jurisdiction meet applicable federal
requirements.
Section 31(a) of article 6687b-2, also effective April
1, 1990, establishes two bases for reciprocal recognition of
licenses obtained outside Texas. First, a person may drive
a commercial motor vehicle in Texas if he has a valid
commercial driver's license or commercial driver learner's
permit issued by another state in accordance with the
applicable federal standards. Since section 3(3) defines
commercial driver's licenses as licenses issued in
accordance with article 668713-2, the phrase as used in
section 31(a) obviously refers to commercial driver's
licenses as defined in and issued under other states' laws.
The federal Commercial Motor Vehicle Safety Act of 1986
anticipates that all of the states will eventually have in
effect statutes similar to article 6687b-2 and will
recognize commercial driver's licenses issued by other
states. 49 U.S.C. app. 5 2708. Federal regulations adopted
under the federal act also anticipate that all states will
recognize commercial drivers8 licenses issued by other
states. 49 C.F.R. 8 383.73(h).
For two reasons, we believe it is appropriate to
interpret section 31(a) in light of the provisions of the
federal act and regulations. First, such an interpretation
effectuates the single license requirement of the state and
federal commercial driver's licenses acts. &g 49 U.S.C.
app. 5 2701: V.T.C.S. art. 6687b-2, 5 4(a). Second, that
interpretation enhances the effectiveness of the nationwide
information system that the federal act establishes for
purposes of tracking the driving record of all commercial
drivers. See. e-a,, 49 U.S.C. app. 5 2706 (computerized
system for licensing and disqualification of commercial
drivers based on possession of single licenses). Thus, we
conclude that if a Mexican operator of a commercial motor -\
vehicle as defined in article 6687b-2 obtains a nonresident
P. 6516
.
Honorable Benjamin Euresti, Jr. - Page 11 (JM-1226)
commercial driver's license from another state, that license
is entitled to recognition in Texas in accordance with
section 31(a), and that operator is not required to obtain a
Texas nonresident commercial driver's license.
Section 31(a) also provides #at a person may drive a
commercial motor vehicle as defined by article 6687b-2 in
Texas if that person has a valid commercial driver's license
issued by a foreign jurisdiction for which the United States
Department of Transportation has made a determination that
the jurisdiction's testing and licensing standards satisfy
certain federal requirements. 8 While we have confirmed that
the federal government has determined that Canada's
standards satisfy the applicable requirements, we are not
aware of such a determination with regard to Mexico*8 stan-
dards. m 49 C.F.R. 5 383.23(b) n.1 (effective December
29, 1988, certain Canadian licenses accepted instead of
nonresident commercial licenses in accordance with single
license requirement); see also 53 Fed. Reg. 27634 (July 21,
1988) (Mexican standards undergoing analysis).
Until the federal government makes a determination that
the testing and licensing standards of Mexico satisfy the
applicable federal requirements, a Mexican operator of a
commercial motor vehicle as defined in article 6687b-2 must
obtain a driver's license as required by state law. Prior
to the department's issuance of commercial driver's
licenses, including 'nonresident commercial driver's
licenses, a Mexican resident may operate a commercial motor
vehicle as defined in article 6687b-2 if he has either a
8. According to section 31(a) the following conditions
must also be satisfied:
(1) the person's license or permit [issued by the
foreign jurisdiction] is appropriate for the class of
vehicle being driven and is not suspended, revoked, or
canceled;
(2) the person is not disqualified from driving
a commercial motor vehicle or subject to an out-of-
service order: and
(3) the person has not been domiciled in this
state for more than 30 days.
p. 6517
Honorable Benjamin Euresti, Jr. - Page 12 (JM-1226)
license appropriate for the class of vehicle being driven
that is issued in accordance with article 6687b or a
nonresident commercial driver's license issued by another
state that is entitled to recognition in Texas in accordance
with section 31(a). After the date on which the department
begins issuance of nonresident commercial driver's licenses,
a Mexican operator of a vehicle within the scope of article
668713-2 must possess either a nonresident commercial
driver's license issued by Texas or one issued by another
state that is entitled to recognition in Texas. If a
Mexican operator of commercial motor vehicles as defined in
article 6687b-2 acquires a license under article 6687b
before the department begins issuance of nonresident
commercial driver's licenses, he may continue to use that
license until it expires or is suspended, revoked, or
cancelled.
SUMMARY
Absent a reciprocal arrangement between
Mexico and Texas or the United States for the
recognition of commercial driver's licenses
or any Mexican legislation allowing licensed
Texas commercial drivers to operate their
vehicles on Mexican highways without ob-
taining local licenses, an exemption under
section 3(e) of article 6687b is not avail-
able from that act's licensing provisions for
Mexican operators of motor vehicles within
the scope of article 6687b that are used for
commercial purposes. Thus, Mexican operators
of such vehicles must obtain licenses in
accordance with article 6687b.
Until the federal government determines
that Mexico*8 testing and licensing standards
satisfy applicable federal requirements, a
Mexican operator of a commercial motor
vehicle within the scope of the Texas
Commercial Driver's License Act, V.T.C.S.
article 6687b-2, must obtain a Texas driver's
license as required by state law. Until the
Department of Public Safety begins issuance
of nonresident commercial driver's licenses
under article 6687b-2, such an operator
should obtain a license appropriate for the
class of vehicles being driven that is issued
in accordance with article 6687b or
nonresident commercial driver's licensz -,
issued by another state that is entitled to
p. 6518
Honorable Benjamin Euresti, Jr. - Page 13 (JM-1226)
recognition in Texas in accordance With
section 31(a) of article 6687b-2. After the
date on which the department begins issuance
of nonresident commercial driver?8 licenses,
such an operator must possess either
nonresident commercial driver's licenst
issued by Texas or by another state that is
entitled to recognition in Texas. However,
if a Mexican operator acquires a license
under article 6687b before that date, he may
continue to use that license until it expires
or is suspended, revoked, or cancelled.
JIM MATTOX
Attorney General of Texas
MARYKELLER
First Assistant Attorney General
P LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STKAKLEY
Special Assistant Attorney General
RENKA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Celeste A. Baker
Assistant Attorney General
p. 6519