2009 Texas Code
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
CHAPTER 524. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO PASS TEST FOR INTOXICATION
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS
CHAPTER 524. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR
FAILURE TO PASS TEST FOR INTOXICATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 524.001. DEFINITIONS. In this chapter:
(1) "Adult" means an individual 21 years of age or older.
(2) "Alcohol concentration" has the meaning assigned by Section
49.01, Penal Code.
(3) "Alcohol-related or drug-related enforcement contact" means
a driver's license suspension, disqualification, or prohibition
order under the laws of this state or another state resulting
from:
(A) a conviction of an offense prohibiting the operation of a
motor vehicle or watercraft while:
(i) intoxicated;
(ii) under the influence of alcohol; or
(iii) under the influence of a controlled substance;
(B) a refusal to submit to the taking of a breath or blood
specimen following an arrest for an offense prohibiting the
operation of a motor vehicle or an offense prohibiting the
operation of a watercraft, if the watercraft was powered with an
engine having a manufacturer's rating of 50 horsepower or more,
while:
(i) intoxicated;
(ii) under the influence of alcohol; or
(iii) under the influence of a controlled substance; or
(C) an analysis of a breath or blood specimen showing an alcohol
concentration of a level specified by Section 49.01, Penal Code,
following an arrest for an offense prohibiting the operation of a
motor vehicle or watercraft while intoxicated.
(4) "Arrest" includes the taking into custody of a child, as
defined by Section 51.02, Family Code.
(5) "Conviction" includes an adjudication under Title 3, Family
Code.
(6) "Criminal charge" includes a charge that may result in a
proceeding under Title 3, Family Code.
(7) "Criminal prosecution" includes a proceeding under Title 3,
Family Code.
(8) "Department" means the Department of Public Safety.
(9) "Director" means the public safety director of the
department.
(10) "Driver's license" has the meaning assigned by Section
521.001. The term includes a commercial driver's license or a
commercial driver learner's permit issued under Chapter 522.
(11) "Minor" means an individual under 21 years of age.
(12) "Public place" has the meaning assigned by Section 1.07(a),
Penal Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 21, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 444, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 10, eff. September 1, 2009.
Sec. 524.002. RULES; APPLICATION OF ADMINISTRATIVE PROCEDURE
ACT. (a) The department and the State Office of Administrative
Hearings shall adopt rules to administer this chapter.
(b) Chapter 2001, Government Code, applies to a proceeding under
this chapter to the extent consistent with this chapter.
(c) The State Office of Administrative Hearings may adopt a rule
that conflicts with Chapter 2001, Government Code, if a conflict
is necessary to expedite the hearings process within the time
required by this chapter and applicable federal funding
guidelines.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. SUSPENSION DETERMINATION AND NOTICE
Sec. 524.011. OFFICER'S DUTIES FOR DRIVER'S LICENSE SUSPENSION.
(a) An officer arresting a person shall comply with Subsection
(b) if:
(1) the person is arrested for an offense under Section 49.04,
49.045, or 49.06, Penal Code, or an offense under Section 49.07
or 49.08 of that code involving the operation of a motor vehicle
or watercraft, submits to the taking of a specimen of breath or
blood and an analysis of the specimen shows the person had an
alcohol concentration of a level specified by Section
49.01(2)(B), Penal Code; or
(2) the person is a minor arrested for an offense under Section
106.041, Alcoholic Beverage Code, or Section 49.04, 49.045, or
49.06, Penal Code, or an offense under Section 49.07 or 49.08,
Penal Code, involving the operation of a motor vehicle or
watercraft and:
(A) the minor is not requested to submit to the taking of a
specimen; or
(B) the minor submits to the taking of a specimen and an
analysis of the specimen shows that the minor had an alcohol
concentration of greater than.00 but less than the level
specified by Section 49.01(2)(B), Penal Code.
(b) A peace officer shall:
(1) serve or, if a specimen is taken and the analysis of the
specimen is not returned to the arresting officer before the
person is admitted to bail, released from custody, delivered as
provided by Title 3, Family Code, or committed to jail, attempt
to serve notice of driver's license suspension by delivering the
notice to the arrested person;
(2) take possession of any driver's license issued by this state
and held by the person arrested;
(3) issue a temporary driving permit to the person unless
department records show or the officer otherwise determines that
the person does not hold a driver's license to operate a motor
vehicle in this state; and
(4) send to the department not later than the fifth business day
after the date of the arrest:
(A) a copy of the driver's license suspension notice;
(B) any driver's license taken by the officer under this
subsection;
(C) a copy of any temporary driving permit issued under this
subsection; and
(D) a sworn report of information relevant to the arrest.
(c) The report required under Subsection (b)(4)(D) must:
(1) identify the arrested person;
(2) state the arresting officer's grounds for believing the
person committed the offense;
(3) give the analysis of the specimen if any; and
(4) include a copy of the criminal complaint filed in the case,
if any.
(d) A peace officer shall make the report on a form approved by
the department and in the manner specified by the department.
(e) The department shall develop forms for the notice of
driver's license suspension and temporary driving permits to be
used by all state and local law enforcement agencies.
(f) A temporary driving permit issued under this section expires
on the 41st day after the date of issuance. If the person was
driving a commercial motor vehicle, as defined by Section
522.003, a temporary driving permit that authorizes the person to
drive a commercial motor vehicle is not effective until 24 hours
after the time of arrest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 609, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1013, Sec. 22, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 444, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 20.0045, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 11, eff. September 1, 2009.
Sec. 524.012. DEPARTMENT'S DETERMINATION FOR DRIVER'S LICENSE
SUSPENSION. (a) On receipt of a report under Section 524.011,
if the officer did not serve a notice of suspension of driver's
license at the time the results of the analysis of a breath or
blood specimen were obtained, the department shall determine from
the information in the report whether to suspend the person's
driver's license.
(b) The department shall suspend the person's driver's license
if the department determines that:
(1) the person had an alcohol concentration of a level specified
by Section 49.01(2)(B), Penal Code, while operating a motor
vehicle in a public place or while operating a watercraft; or
(2) the person was a minor on the date that the breath or blood
specimen was obtained and had any detectable amount of alcohol in
the minor's system while operating a motor vehicle in a public
place or while operating a watercraft.
(c) The department may not suspend a person's driver's license
if:
(1) the person is an adult and the analysis of the person's
breath or blood specimen determined that the person had an
alcohol concentration of a level below that specified by Section
49.01(2)(B), Penal Code, at the time the specimen was taken; or
(2) the person is a minor and the department does not determine
that the minor had any detectable amount of alcohol in the
minor's system when the minor was arrested.
(d) A determination under this section is final unless a hearing
is requested under Section 524.031.
(e) A determination under this section:
(1) is a civil matter;
(2) is independent of and is not an estoppel to any matter in
issue in an adjudication of a criminal charge arising from the
occurrence that is the basis for the suspension; and
(3) does not preclude litigation of the same or similar facts in
a criminal prosecution.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.102, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 23, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 12, eff. September 1, 2009.
Sec. 524.013. NOTICE OF DEPARTMENT'S DETERMINATION. (a) If the
department suspends a person's driver's license, the department
shall send a notice of suspension by first class mail to the
person's address:
(1) in the records of the department; or
(2) in the peace officer's report if it is different from the
address in the department's records.
(b) Notice is considered received on the fifth day after the
date the notice is mailed.
(c) If the department determines not to suspend a person's
driver's license, the department shall notify the person of that
determination and shall rescind any notice of driver's license
suspension served on the person.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 1409, Sec. 4, eff. Sept. 1,
1999.
Sec. 524.014. NOTICE OF SUSPENSION. A notice of suspension
under Section 524.013 must state:
(1) the reason and statutory grounds for the suspension;
(2) the effective date of the suspension;
(3) the right of the person to a hearing;
(4) how to request a hearing; and
(5) the period in which the person must request a hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.015. EFFECT OF DISPOSITION OF CRIMINAL CHARGE ON
DRIVER'S LICENSE SUSPENSION. (a) Except as provided by
Subsection (b), the disposition of a criminal charge does not
affect a driver's license suspension under this chapter and does
not bar any matter in issue in a driver's license suspension
proceeding under this chapter.
(b) A suspension may not be imposed under this chapter on a
person who is acquitted of a criminal charge under Section 49.04,
49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041,
Alcoholic Beverage Code, arising from the occurrence that was the
basis for the suspension. If a suspension was imposed before the
acquittal, the department shall rescind the suspension and shall
remove any reference to the suspension from the person's
computerized driving record.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 24, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 13, eff. September 1, 2009.
SUBCHAPTER C. SUSPENSION PROVISIONS
Sec. 524.021. SUSPENSION EFFECTIVE DATE. (a) A driver's
license suspension under this chapter takes effect on the 40th
day after the date the person:
(1) receives a notice of suspension under Section 524.011; or
(2) is presumed to have received notice of suspension under
Section 524.013.
(b) A suspension under this chapter may not be probated.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of suspension
under this chapter for an adult is:
(1) 90 days if the person's driving record shows no
alcohol-related or drug-related enforcement contact during the 10
years preceding the date of the person's arrest; or
(2) one year if the person's driving record shows one or more
alcohol-related or drug-related enforcement contacts during the
10 years preceding the date of the person's arrest.
(b) A period of suspension under this chapter for a minor is:
(1) 60 days if the minor has not been previously convicted of an
offense under Section 106.041, Alcoholic Beverage Code, or
Section 49.04, 49.045, or 49.06, Penal Code, or an offense under
Section 49.07 or 49.08, Penal Code, involving the operation of a
motor vehicle or a watercraft;
(2) 120 days if the minor has been previously convicted once of
an offense listed by Subdivision (1); or
(3) 180 days if the minor has been previously convicted twice or
more of an offense listed by Subdivision (1).
(c) For the purposes of determining whether a minor has been
previously convicted of an offense described by Subsection
(b)(1):
(1) an adjudication under Title 3, Family Code, that the minor
engaged in conduct described by Subsection (b)(1) is considered a
conviction under that provision; and
(2) an order of deferred adjudication for an offense alleged
under a provision described by Subsection (b)(1) is considered a
conviction of an offense under that provision.
(d) A minor whose driver's license is suspended under this
chapter is not eligible for an occupational license under
Subchapter L, Chapter 521, for:
(1) the first 30 days of a suspension under Subsection (b)(1);
(2) the first 90 days of a suspension under Subsection (b)(2);
or
(3) the entire period of a suspension under Subsection (b)(3).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 25, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 444, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 14, eff. September 1, 2009.
Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS. (a)
If a person is convicted of an offense under Section 106.041,
Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.07,
or 49.08, Penal Code, and if any conduct on which that conviction
is based is a ground for a driver's license suspension under this
chapter and Section 106.041, Alcoholic Beverage Code, Subchapter
O, Chapter 521, or Subchapter H, Chapter 522, each of the
suspensions shall be imposed.
(b) The court imposing a driver's license suspension under
Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522
as required by Subsection (a) shall credit a period of suspension
imposed under this chapter toward the period of suspension
required under Section 106.041, Alcoholic Beverage Code, or
Subchapter O, Chapter 521, or Subchapter H, Chapter 522, unless
the person was convicted of an offense under Article 6701l-1,
Revised Statutes, as that law existed before September 1, 1994,
Section 19.05(a)(2), Penal Code, as that law existed before
September 1, 1994, Section 49.04, 49.045, 49.06, 49.07, or 49.08,
Penal Code, or Section 106.041, Alcoholic Beverage Code, before
the date of the conviction on which the suspension is based, in
which event credit may not be given.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 26, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 15, eff. September 1, 2009.
SUBCHAPTER D. HEARING AND APPEAL
Sec. 524.031. HEARING REQUEST. If, not later than the 15th day
after the date on which the person receives notice of suspension
under Section 524.011 or is presumed to have received notice
under Section 524.013, the department receives at its
headquarters in Austin, in writing, including a facsimile
transmission, or by another manner prescribed by the department,
a request that a hearing be held, a hearing shall be held as
provided by this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.032. HEARING DATE; RESCHEDULING. (a) A hearing
requested under this subchapter shall be held not earlier than
the 11th day after the date on which the person requesting the
hearing is notified of the hearing unless the parties agree to
waive this requirement. The hearing shall be held before the
effective date of the suspension.
(b) A hearing shall be rescheduled if, before the fifth day
before the date scheduled for the hearing, the department
receives a request for a continuance from the person who
requested the hearing. Unless both parties agree otherwise, the
hearing shall be rescheduled for a date not earlier than the
fifth day after the date the department receives the request for
the continuance.
(c) A person who requests a hearing under this chapter may
obtain only one continuance under this section unless the person
shows that a medical condition prevents the person from attending
the rescheduled hearing, in which event one additional
continuance may be granted for a period not to exceed 10 days.
(d) A request for a hearing stays suspension of a person's
driver's license until the date of the final decision of the
administrative law judge. If the person's driver's license was
taken by a peace officer under Section 524.011(b), the department
shall notify the person of the effect of the request on the
suspension of the person's license before the expiration of any
temporary driving permit issued to the person, if the person is
otherwise eligible, in a manner that will permit the person to
establish to a peace officer that the person's driver's license
is not suspended.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 444, Sec. 4, eff. Sept. 1,
2001.
Sec. 524.033. STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) A
hearing under this subchapter shall be heard by an administrative
law judge employed by the State Office of Administrative
Hearings.
(b) The State Office of Administrative Hearings shall provide
for the stenographic or electronic recording of the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.034. HEARING LOCATION. A hearing under this subchapter
shall be held:
(1) at a location designated by the State Office of
Administrative Hearings:
(A) in the county of arrest if the arrest occurred in a county
with a population of 300,000 or more; or
(B) in the county in which the person is alleged to have
committed the offense for which the person was arrested or not
more than 75 miles from the county seat of the county in which
the person was arrested; or
(2) with the consent of the person and the department, by
telephone conference call.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.035. HEARING. (a) The issues that must be proved at a
hearing by a preponderance of the evidence are:
(1) whether:
(A) the person had an alcohol concentration of a level specified
by Section 49.01(2)(B), Penal Code, while operating a motor
vehicle in a public place or while operating a watercraft; or
(B) the person was a minor on the date that the breath or blood
specimen was obtained and had any detectable amount of alcohol in
the minor's system while operating a motor vehicle in a public
place or while operating a watercraft; and
(2) whether reasonable suspicion to stop or probable cause to
arrest the person existed.
(b) If the administrative law judge finds in the affirmative on
each issue in Subsection (a), the suspension is sustained.
(c) If the administrative law judge does not find in the
affirmative on each issue in Subsection (a), the department
shall:
(1) return the person's driver's license to the person, if the
license was taken by a peace officer under Section 524.011(b);
(2) reinstate the person's driver's license; and
(3) rescind an order prohibiting the issuance of a driver's
license to the person.
(d) An administrative law judge may not find in the affirmative
on the issue in Subsection (a)(1) if:
(1) the person is an adult and the analysis of the person's
breath or blood determined that the person had an alcohol
concentration of a level below that specified by Section 49.01,
Penal Code, at the time the specimen was taken; or
(2) the person was a minor on the date that the breath or blood
specimen was obtained and the administrative law judge does not
find that the minor had any detectable amount of alcohol in the
minor's system when the minor was arrested.
(e) The decision of the administrative law judge is final when
issued and signed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 27, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 444, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 16, eff. September 1, 2009.
Sec. 524.036. FAILURE TO APPEAR. A person who requests a
hearing and fails to appear without just cause waives the right
to a hearing and the department's determination is final.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.037. CONTINUANCE. (a) A continuance under Section
524.032 stays the suspension of a driver's license until the date
of the final decision of the administrative law judge.
(b) A suspension order may not go into effect pending a final
decision of the administrative law judge as a result of a
continuance granted under Section 524.039.
(c) If the person's driver's license was taken by a peace
officer under Section 524.011(b), the department shall notify the
person of the effect of the continuance on the suspension of the
person's license before the expiration of any temporary driving
permit issued to the person, if the person is otherwise eligible,
in a manner that will permit the person to establish to a peace
officer that the person's driver's license is not suspended.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 444, Sec. 6, eff. Sept. 1,
2001.
Sec. 524.038. INSTRUMENT RELIABILITY AND ANALYSIS VALIDITY. (a)
The reliability of an instrument used to take or analyze a
specimen of a person's breath to determine alcohol concentration
and the validity of the results of the analysis may be attested
to in a proceeding under this subchapter by affidavit from the
certified breath test technical supervisor responsible for
maintaining and directing the operation of breath test
instruments in compliance with department rule.
(b) An affidavit submitted under Subsection (a) must contain
statements on:
(1) the reliability of the instrument and the analytical
results; and
(2) compliance with state law in the administration of the
program.
(c) An affidavit of an expert witness contesting the reliability
of the instrument or the results is admissible.
(d) An affidavit from a person whose presence is timely
requested under this section is inadmissible if the person fails
to appear at a hearing without a showing of good cause.
Otherwise, an affidavit under this section may be submitted in
lieu of an appearance at the hearing by the breath test operator,
breath test technical supervisor, or expert witness.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a) Not
later than the fifth day before the date of a scheduled hearing,
the person who requested a hearing may apply to the State Office
of Administrative Hearings to issue a subpoena for the attendance
of the breath test operator who took the specimen of the person's
breath to determine alcohol concentration or the certified breath
test technical supervisor responsible for maintaining and
directing the operation of the breath test instrument used to
analyze the specimen of the person's breath, or both. The State
Office of Administrative Hearings shall issue the subpoena only
on a showing of good cause.
(b) The department may reschedule a hearing once not less than
48 hours before the hearing if a person subpoenaed under
Subsection (a) is unavailable. The department may also
reschedule the hearing on showing good cause that a person
subpoenaed under Subsection (a) is not available at the time of
the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 3.01, eff. September 1, 2009.
Sec. 524.040. NOTICE REQUIREMENTS. (a) Notice required to be
provided by the department under this subchapter may be given by
telephone or other electronic means. If notice is given by
telephone or other electronic means, written notice must also be
provided.
(b) Notice by mail is considered received on the fifth day after
the date the notice is deposited with the United States Postal
Service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.041. APPEAL FROM ADMINISTRATIVE HEARING. (a) A person
whose driver's license suspension is sustained may appeal the
decision by filing a petition not later than the 30th day after
the date the administrative law judge's decision is final. The
administrative law judge's final decision is immediately
appealable without the requirement of a motion for rehearing.
(b) A petition under Subsection (a) must be filed in a county
court at law in the county in which the person was arrested or,
if there is not a county court at law in the county, in the
county court. If the county judge is not a licensed attorney, the
county judge shall transfer the case to a district court for the
county on the motion of either party or of the judge.
(c) A person who files an appeal under this section shall send a
copy of the petition by certified mail to the department and to
the State Office of Administrative Hearings at each agency's
headquarters in Austin. The copy must be certified by the clerk
of the court in which the petition is filed.
(d) The department's right to appeal is limited to issues of
law.
(e) A district or county attorney may represent the department
in an appeal.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 524.042. STAY OF SUSPENSION ON APPEAL. (a) A suspension
of a driver's license under this chapter is stayed on the filing
of an appeal petition only if:
(1) the person's driver's license has not been suspended as a
result of an alcohol-related or drug-related enforcement contact
during the five years preceding the date of the person's arrest;
and
(2) the person has not been convicted during the 10 years
preceding the date of the person's arrest of an offense under:
(A) Article 6701l-1, Revised Statutes, as that law existed
before September 1, 1994;
(B) Section 19.05(a)(2), Penal Code, as that law existed before
September 1, 1994;
(C) Section 49.04, 49.045, or 49.06, Penal Code;
(D) Section 49.07 or 49.08, Penal Code, if the offense involved
the operation of a motor vehicle or a watercraft; or
(E) Section 106.041, Alcoholic Beverage Code.
(b) A stay under this section is effective for not more than 90
days after the date the appeal petition is filed. On the
expiration of the stay, the department shall impose the
suspension. The department or court may not grant an extension of
the stay or an additional stay.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 28, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1348, Sec. 17, eff. September 1, 2009.
Sec. 524.043. REVIEW; ADDITIONAL EVIDENCE. (a) Review on
appeal is on the record certified by the State Office of
Administrative Hearings with no additional testimony.
(b) On appeal, a party may apply to the court to present
additional evidence. If the court is satisfied that the
additional evidence is material and that there were good reasons
for the failure to present it in the proceeding before the
administrative law judge, the court may order that the additional
evidence be taken before an administrative law judge on
conditions determined by the court.
(c) There is no right to a jury trial in an appeal under this
section.
(d) An administrative law judge may change a finding or decision
as to whether the person had an alcohol concentration of a level
specified in Section 49.01, Penal Code, or whether a minor had
any detectable amount of alcohol in the minor's system because of
the additional evidence and shall file the additional evidence
and any changes, new findings, or decisions with the reviewing
court.
(e) A remand under this section does not stay the suspension of
a driver's license.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 29, eff. Sept. 1,
1997.
Sec. 524.044. TRANSCRIPT OF ADMINISTRATIVE HEARING. (a) To
obtain a transcript of an administrative hearing, the party who
appeals the administrative law judge's decision must apply to the
State Office of Administrative Hearings.
(b) On payment of a fee not to exceed the actual cost of
preparing the transcript, the State Office of Administrative
Hearings shall promptly furnish both parties with a transcript of
the administrative hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER E. REINSTATEMENT AND REISSUANCE OF DRIVER'S LICENSE
Sec. 524.051. REINSTATEMENT AND REISSUANCE. (a) A driver's
license suspended under this chapter may not be reinstated or
another driver's license issued to the person until the person
pays the department a fee of $125 in addition to any other fee
required by law.
(b) The payment of a reinstatement fee is not required if a
suspension under this chapter is:
(1) rescinded by the department; or
(2) not sustained by an administrative law judge, or a court.
(c) Each fee collected under this section shall be deposited to
the credit of the Texas mobility fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 444, Sec. 14(a), eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1325, Sec. 11.06, eff. Sept.
1, 2003.
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