Tex. Transp. Code § 522.105 · Subchapter I. DRIVING WHILE HAVING ALCOHOL, CONTROLLED SUBSTANCE, OR DRUG IN SYSTEM
DISQUALIFICATION OF DRIVER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On receipt of a report under Section 522.104, the department shall disqualify the person from driving a commercial motor vehicle under Section 522.081 beginning on the 45th day after the date the report is received unless a hearing is granted.
(b) Except as provided by Subsection (c), the procedure for notice and disqualification under this section is that specified by Subchapters C and D, Chapter 724, or Chapter 524.
(c) The department shall disqualify the person from driving a commercial motor vehicle for the period authorized by this chapter if, in a hearing held under this section, the court finds that:
(1) probable cause existed that the person was driving a commercial motor vehicle while having alcohol, a controlled substance, or a drug in the person's system;
(2) the person was offered an opportunity to give a specimen under this chapter; and
(3) the person submitted a specimen that disclosed an alcohol concentration of 0.04 or more or refused to submit a specimen.
(d) An appeal of a disqualification under this section is subject to Sections 524.041-524.044.
Notes and commentary — not statutory text
History
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 752 (H.B. 1888), Sec. 36, eff. January 1, 2016.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.522.htm
- Text hash
- sha256 b934fd41b7e1493a6f00cdf9df79c1128fee7c11c480122544112463fb1da020
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Transportation Code
- Tex. Transp. Code § 522.081DISQUALIFICATION.Printed as Section 522.081
- Tex. Transp. Code § 522.104SUBMISSION OF REPORT TO DEPARTMENT.Printed as Section 522.104
- Tex. Transp. Code § 524.041APPEAL FROM ADMINISTRATIVE HEARING.Printed as Sections 524.041-524.044
- Tex. Transp. Code § 524.044TRANSCRIPT OF ADMINISTRATIVE HEARING.Printed as Sections 524.041-524.044
- Tex. Transp. Code ch. 724IMPLIED CONSENTPrinted as Chapter 724
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.