Tex. Transp. Code § 524.035 · Subchapter D. HEARING AND APPEAL
HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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) reinstate the person's driver's license; and
(2) 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.
Notes and commentary — not statutory text
History
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 (S.B. 328), Sec. 16, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 3, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.524.htm
- Text hash
- sha256 7053b3209274a2422135408b2fe2d52b8254a47cbb9557537aeb6b62df0f8327
- 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.
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.