2005 Texas Human Resources Code CHAPTER 23. SUSPENSION OF DRIVER\'S OR RECREATIONAL LICENSE FOR FAILURE TO REIMBURSE DEPARTMENT


HUMAN RESOURCES CODE
CHAPTER 23. SUSPENSION OF DRIVER'S OR RECREATIONAL LICENSE FOR FAILURE TO REIMBURSE DEPARTMENT
§ 23.001. DEFINITIONS. In this chapter: (1) "License" means a license, certificate, registration, permit, or other authorization that: (A) is issued by a licensing authority; (B) is subject before expiration to suspension, revocation, forfeiture, or termination by an issuing licensing authority; and (C) a person must obtain to: (i) operate a motor vehicle; or (ii) engage in a recreational activity, including hunting and fishing, for which a license or permit is required. (2) "Order suspending a license" means an order issued by the department directing a licensing authority to suspend a license. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In this chapter, "licensing authority" means: (1) the Parks and Wildlife Department; and (2) the Department of Public Safety of the State of Texas. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.003. SUSPENSION OF LICENSE. The department may issue an order suspending a license as provided by this chapter of a person who, after notice: (1) has failed to reimburse the department for an amount in excess of $250 granted in error to the person under the food stamp program or the program of financial assistance under Chapter 31; (2) has been provided an opportunity to make payments toward the amount owed under a repayment schedule; and (3) has failed to comply with the repayment schedule. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.004. INITIATION OF PROCEEDING. (a) The department may initiate a proceeding to suspend a person's license by filing a petition with the department's hearings division. (b) The proceeding shall be conducted by the department's hearings division. The proceeding is a contested case under Chapter 2001, Government Code, except that Section 2001.054 does not apply. (c) The commissioner or the commissioner's designated representative shall render a final decision in the proceeding. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.005. CONTENTS OF PETITION. A petition under this chapter must state that license suspension is authorized under Section 23.003 and allege: (1) the name and, if known, social security number of the person; (2) the type of license the person is believed to hold and the name of the licensing authority; and (3) the amount owed to the department. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.006. NOTICE. (a) On initiating a proceeding under Section 23.004, the department shall give the person named in the petition: (1) notice of the person's right to a hearing before the hearings division of the department; (2) notice of the deadline for requesting a hearing; and (3) a form requesting a hearing. (b) Notice under this section may be served as in civil cases generally. (c) The notice must state that an order suspending a license shall be rendered on the 60th day after the date of service of the notice unless by that date: (1) the person pays the amount owed to the department; (2) the person presents evidence of a payment history satisfactory to the department in compliance with a reasonable repayment schedule; or (3) the person appears at a hearing before the hearings division and shows that the request for suspension should be denied or stayed. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.007. HEARING ON PETITION TO SUSPEND LICENSE. (a) A request for a hearing and motion to stay suspension must be filed with the department not later than the 20th day after the date of service of the notice under Section 23.006. (b) If a request for a hearing is filed, the hearings division of the department shall: (1) promptly schedule a hearing; (2) notify the person and an appropriate representative of the department of the date, time, and location of the hearing; and (3) stay suspension pending the hearing. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.008. ORDER SUSPENDING LICENSE. (a) On making the findings required by Section 23.003, the department shall render an order suspending a license. (b) The department may stay an order suspending a license conditioned on the person's compliance with a reasonable repayment schedule that is incorporated in the order. An order suspending a license with a stay of the suspension may not be served on the licensing authority unless the stay is revoked as provided by this chapter. (c) A final order suspending a license rendered by the department shall be forwarded to the appropriate licensing authority. (d) If the department renders an order suspending a license, the person may also be ordered not to engage in the licensed activity. (e) If the department finds that the petition for suspension should be denied, the petition shall be dismissed without prejudice, and an order suspending a license may not be rendered. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.009. DEFAULT ORDER. The department shall consider the allegations of the petition for suspension to be admitted and shall render an order suspending a license if the person fails to: (1) respond to a notice issued under Section 23.006; (2) request a hearing; or (3) appear at a hearing. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order issued by the department under this chapter is a final agency decision and is subject to review as provided by Chapter 2001, Government Code. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.011. ACTION BY LICENSING AUTHORITY. (a) On receipt of a final order suspending a license, the licensing authority shall immediately determine if the authority has issued a license to the person named on the order and, if a license has been issued: (1) record the suspension of the license in the licensing authority's records; (2) report the suspension as appropriate; and (3) demand surrender of the suspended license if required by law for other cases in which a license is suspended. (b) A licensing authority shall implement the terms of a final order suspending a license without additional review or hearing. The authority may provide notice as appropriate to the license holder or to others concerned with the license. (c) A licensing authority may not modify, remand, reverse, vacate, or stay an order suspending a license issued under this chapter and may not review, vacate, or reconsider the terms of a final order suspending a license. (d) A person who is the subject of a final order suspending a license is not entitled to a refund for any fee or deposit paid to the licensing authority. (e) A person who continues to engage in the licensed activity after the implementation of the order suspending a license by the licensing authority is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of that licensing authority. (f) A licensing authority is exempt from liability to a license holder for any act authorized under this chapter performed by the authority. (g) Except as provided by this chapter, an order suspending a license or dismissing a petition for the suspension of a license does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license. (h) The denial or suspension of a driver's license under this chapter is governed by this chapter and not by Subtitle B, Title 7, Transportation Code. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.012. MOTION TO REVOKE STAY. (a) The department may file a motion with the department's hearings division to revoke the stay of an order suspending a license if the person does not comply with the terms of a reasonable repayment plan entered into by the person. (b) Notice to the person of a motion to revoke stay under this section may be given by personal service or by mail to the address provided by the person, if any, in the order suspending a license. The notice must include a notice of hearing before the hearings division. The notice must be provided to the person not less than 10 days before the date of the hearing. (c) A motion to revoke stay must allege the manner in which the person failed to comply with the repayment plan. (d) If the department finds that the person is not in compliance with the terms of the repayment plan, the department shall revoke the stay of the order suspending a license and render a final order suspending a license. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.013. VACATING OR STAYING ORDER SUSPENDING A LICENSE. (a) The department may render an order vacating or staying an order suspending a license if the person has paid all amounts owed to the department or has established a satisfactory payment record. (b) The department shall promptly deliver an order vacating or staying an order suspending a license to the appropriate licensing authority. (c) On receipt of an order vacating or staying an order suspending a license, the licensing authority shall promptly reinstate and return the affected license to the person if the person is otherwise qualified for the license. (d) An order rendered under this section does not affect the right of the department to any other remedy provided by law, including the right to seek relief under this chapter. An order rendered under this section does not affect the power of a licensing authority to grant, deny, suspend, revoke, terminate, or renew a license as otherwise provided by law. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.014. FEE BY LICENSING AUTHORITY. A licensing authority may charge a fee to a person who is the subject of an order suspending a license in an amount sufficient to recover the administrative costs incurred by the authority under this chapter. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND DEPARTMENT. (a) The department may request from each licensing authority the name, address, social security number, license renewal date, and other identifying information for each individual who holds, applies for, or renews a license issued by the authority. (b) A licensing authority shall provide the requested information in the manner agreed to by the department and the licensing authority. (c) The department may enter into a cooperative agreement with a licensing authority to administer this chapter in a cost-effective manner. (d) The department may adopt a reasonable implementation schedule for the requirements of this section. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997. § 23.016. RULES, FORMS, AND PROCEDURES. The department by rule shall prescribe forms and procedures for the implementation of this chapter. Added by Acts 1997, 75th Leg., ch. 1153, § 5.01(a), eff. Sept. 1, 1997.

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