(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.

Source Note: The provisions of this §16.23 adopted to be effective September 14, 2016, 41 TexReg 7117