Tex. Transp. Code § 524.042 · Subchapter D. HEARING AND APPEAL
STAY OF SUSPENSION ON APPEAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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, 49.06, or 49.061, 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.
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. 28, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 17, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 17, 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 7501ab8d8e529395e43c73a8dafb93ad0cf3f6fd30e876f611d0250625e3cb9b
- 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.
Alcoholic Beverage Code
Penal Code
- Tex. Penal Code § 19.05CRIMINALLY NEGLIGENT HOMICIDE.Printed as Section 19.05(a)(2), Penal Code
- Tex. Penal Code § 49.04DRIVING WHILE INTOXICATED.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Penal Code § 49.045DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Penal Code § 49.06BOATING WHILE INTOXICATED.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Penal Code § 49.061BOATING WHILE INTOXICATED WITH CHILD PASSENGER.Printed as Section 49.04, 49.045, 49.06, or 49.061, Penal Code
- Tex. Penal Code § 49.07INTOXICATION ASSAULT.Printed as Section 49.07 or 49.08, Penal Code
- Tex. Penal Code § 49.08INTOXICATION MANSLAUGHTER.Printed as Section 49.07 or 49.08, Penal Code
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.