Photo: Nine-Twenty, CC BY-SA 2.0, via Wikimedia Commons
Under Texas’s Graduated Driver License (GDL) rules, a driver under 18 on a provisional license may not carry more than one passenger under 21 who is not a family member. They may not drive between midnight and 5 a.m. except for work, school activities or a medical emergency, and may not use a phone at all, even hands-free, except in an emergency. The provisional license expires on your 18th birthday. This guide explains both Texas GDL phases, the exceptions and the hardship license.
The two Texas GDL phases
| Phase 1: learner license | Phase 2: provisional license | |
|---|---|---|
| Age | 15 to 17 | 16 to 17 |
| How to get it | Driver ed classroom phase, plus the vision, sign and law tests | At least 6 months on a learner (or hardship) license, full driver ed, 30-hour log, ITTD, driving test |
| Supervision | Licensed driver aged 21 or over, with at least 1 year of experience, in the front passenger seat | None needed |
| Phone use | None, including hands-free, except in an emergency | None, including hands-free, except in an emergency |
| Passengers and night | Supervised at all times | One passenger under 21 who is not family; no driving midnight to 5 a.m. (with exceptions) |
| Ends | 18th birthday | 18th birthday |
Texas provisional license restrictions in detail
Passenger limit
You may not drive with more than one passenger under 21 who is not a family member. Passengers aged 21 or over, and family members of any age, do not count toward the limit.
Midnight to 5 a.m. curfew
You may not drive after midnight and before 5 a.m. unless you need to:
- go to or take part in work (including work on your family’s farm)
- attend or take part in a school-related activity
- deal with a medical emergency
No phones, including hands-free
Drivers under 18 may not drive while using a wireless communication device, handheld or hands-free, except in an emergency. A first offense carries a fine of $25 to $99. After a previous conviction the fine rises to $100 to $200 (Transportation Code section 545.424, as of November 2026). The statewide texting ban applies on top of this. See Texas phone and texting laws.
When the passenger and curfew limits do not apply
The passenger limit and the curfew do not apply while you drive with a supervisor who meets the learner license rules: a licensed driver aged 21 or over with at least one year of experience in the front passenger seat. The phone ban still applies in that case.
Police may not stop a vehicle only to check whether a teen driver is breaking these GDL rules. You can still be cited if you are stopped for something else.
Learner license rules worth knowing
Your supervisor may not be intoxicated, asleep or doing anything that stops them watching and responding to your driving. If your license is suspended during Phase One, your six-month holding period grows by the days of the suspension. The parent or guardian who signed your application can ask DPS in a sworn writing to cancel your license at any time before you turn 18. Two or more traffic convictions within 12 months can lead to a suspension after a hearing if you are under 18.
What happens at 18?
Your provisional license expires on your 18th birthday. DPS’s current renewal page lists an online route for eligible provisional-license holders approaching 18; its eligibility list says you will be 18 within 30 days. Other conditions apply, including citizenship/SSN, license status and the previous renewal method. Use the DPS eligibility process before relying on online renewal, because an office visit may still be required. If you renew in person before 18, a parent or legal guardian must come with you.
Texas hardship license at 15
A hardship license lets a 15-year-old drive in limited situations. DPS can issue one if:
- not having a license would cause unusual economic hardship for the family
- it is needed because of a family member’s illness, disability or death
- you need it for a vocational education program you are enrolled in
- a court orders it
A parent, guardian or custodian applies with you in person on form DL-77; if there is none, an employer or county judge can. You must still pass a driver education course and the license exam. You can take the training course from 14. If DPS refuses, you can appeal to the county court in your county. A hardship license is suspended if you are convicted of two or more moving violations within 12 months. Time on a hardship license counts toward the six months you must hold a license before a provisional license.
Scenario check
- You are 17 and drive two friends aged 16 and 17 home from practice. Not allowed: two non-family passengers under 21.
- You drive your 15-year-old brother and one friend. Allowed: your brother is family, so only one passenger counts.
- You drive home from a closing shift at 12:40 a.m. Allowed: driving for work is an exception.
- You answer a call on a hands-free car system. Not allowed under 18, unless it is an emergency.
Common questions
Does a provisional license in Texas mean I need an adult with me?
No. A provisional license lets you drive alone, within the restrictions above.
Can I drive at night on a learner license?
Yes, with a qualifying supervisor. Your 30-hour log must include at least 10 hours at night.
Can I use GPS on my phone under 18?
The under-18 rule bans using a wireless device while driving, except in an emergency. Set your route before you move off, and pull over safely to change it.
Do the rules change if I move to Texas at 17?
Under 18s must take the Texas driving test, and the Texas under-18 driving rules apply to anyone under 18 driving in Texas. See moving to Texas.
How do Texas GDL rules compare with other states?
See GDL laws by state.
Related Texas guides
- How to get a driver’s license in Texas
- Texas 30-hour driving log
- Texas road test maneuvers
- Impact Texas Teen Drivers
Sources
- Texas Department of Public Safety, “Texas Driver Handbook” (DL-7, revised January 2026), chapter 1, Hardship License, Graduated Driver License, Renewing a License, and Suspensions (dps.texas.gov)
- Texas Legislature, “Transportation Code Chapter 545, Operation and Movement of Vehicles”, section 545.424 (statutes.capitol.texas.gov)
- Texas Legislature, “Transportation Code Chapter 521, Driver’s Licenses and Certificates”, sections 521.204, 521.222 and 521.223 (statutes.capitol.texas.gov)
- Texas Department of Licensing and Regulation, “Getting a Provisional Driver’s License” (tdlr.texas.gov)
- Texas Department of Licensing and Regulation, “Getting the Learner License” (tdlr.texas.gov)
- Texas Department of Licensing and Regulation, “Parent Taught Driver Education Program: Step-by-Step Guide” (tdlr.texas.gov)
- DPS, current renewal eligibility (dps.texas.gov)







