General Information
In accordance with Section 1012 of the USA PATRIOT Act, the federal Transportation Security Administration (TSA) and the U.S. Department of Transportation (DOT) have adopted rules to secure the transport of hazardous materials, including explosives. These rules require a security threat assessment on all commercial drivers transporting hazardous materials. The process includes the collection of an individual's fingerprints and verification of citizenship, immigration eligibility or permanent legal presence in the United States.
Texas may not issue a Commercial Driver License (CDL) with a Hazardous Materials Endorsement (HME) unless the applicant has first undergone the security threat assessment and obtained clearance from TSA. However, current HME holders will be granted a ninety-day temporary endorsement at the time of renewal provided all HME requirements are met.
Applicants will not be permitted to transfer the remaining validity period of an endorsement issued by another state. Even if the applicant recently completed a security threat assessment in another jurisdiction, a new security threat assessment is required. However, HME holders will be granted a ninety-day temporary endorsement at the time of issuance provided all HME requirements are met.
Citizenship Requirements
Applicants for issuance or renewal of an HME must be a United States citizen who has not renounced citizenship, a lawful permanent resident of the United States or meet the requirements for immigration status. The documents that will be accepted as proof of citizenship or immigration status are as follows:
Mandatory Disclosures
Disclosure of the following are also required at the time of application:
A driver will be disqualified from holding a HME on a CDL if he or she is wanted or under indictment in any civilian or military jurisdiction for a felony listed under Part A or Part B until the want or warrant is released.
Application and Fingerprinting Procedures
Applicants for the HME will be required to meet all standard federal regulations for the class of license sought, complete all required forms and testing and pay all required fees. If these requirements are satisfied, the Department will issue the applicant a CDL without the HME (or with the ninety-day temporary endorsement, if applicable) until TSA completes the threat assessment process.
At the time of issuance or renewal, the applicant will be provided the contact information for a fingerprinting location to begin the required background check. Please note that applicants may not initiate the fingerprinting process prior to receiving the new Texas CDL.
To schedule an appointment, visit www.ibtfingerprint.com and click on the "Texas" link then the "schedule a fingerprinting appointment online" tab. You may also call 1-888-467-2080 to schedule an appointment and pay the required fee ($68.25 plus $9.95 processing fee). At the time of appointment, the vendor will confirm the applicant's identity using the Texas CDL then take a digital photo and fingerprints using a state-of-the-art live scan and camera system. The vendor will forward the photo, fingerprints, and fee to the Department, and provide the applicant with a unique tracking number for confirmation.
The Department will forward the applicant's fingerprints to the FBI. The FBI will forward any criminal history data about the applicant to TSA for them to make the final determination regarding HME eligibility. The applicant will be notified in writing of approval/disapproval for the endorsement. If approved, the Department will mail a new CDL to the applicant. The endorsement will expire on the expiration date of the CDL or 5 years from the TSA approval date, whichever comes first. If disapproved, the applicant will receive information on how to appeal the denial through TSA.
Incomplete applications, forms and fingerprints submitted to TSA will be purged within six (6) months. The Department cannot request an HME extension from TSA on incomplete records that have been purged. The applicant must begin the process as an original HME applicant at the Driver License office.
NOTE: Drivers may renew their licenses up to one year prior to the expiration date. However, renewal applications must be filed no later than thirty days prior to expiration. The Department strongly encourages applicants to allow sufficient time in advance of the need to renew the HME for this process to be completed.
Individuals who currently have a CDL with an HME who do not meet the qualification requirements must immediately surrender the CDL with HME to a local driver license office. If otherwise qualified, and if all applicable fees are paid, the applicant may be re-issued a CDL without an HME.
The $68.25 fee referenced above is a non-refundable processing fee, which pays the following: $34.00 TSA threat assessment fee; $19.25 Federal Bureau of Investigation (FBI) criminal history processing fees, and $15.00 DPS criminal history processing fee.
For More Information
Detailed information regarding the USA Patriot Act, including the waiver and appeal process, is available at the TSA website at http://www.tsa.gov. Should you have additional questions regarding the Act’s requirements, please contact your local driver license office or the License Issuance Bureau – CDL Section at (512) 424-2010.