Tex. Transportation Code § 545.459 — TX Code / Code tn / Chapter 545 / Section 545.459
§ 545.459. ENFORCEMENT.
Status: in_force

(a) If the department determines that an automated motor vehicle operating under an authorization issued by the department under Section 545.456 is not in safe operational condition and the operation of the vehicle on a highway or street in this state endangers the public, the department shall provide to the authorization holder for the vehicle a notice of intent to:

(1) suspend, revoke, or cancel the authorization issued under this subchapter for the vehicle; or

(2) impose restrictions on the operation of the vehicle.

(b) For purposes of Subsection (a), the operation of an automated motor vehicle endangers the public when the operation has resulted in or is likely to result in serious bodily injury as defined by Section 1.07, Penal Code.

(c) A notice of intent under Subsection (a) must:

(1) include a summary of the department's determination and evidence supporting the determination;

(2) provide the authorization holder with a reasonable period to:

(A) correct the issues identified in the department's determination; and

(B) provide to the department the certification described by Subsection (d)(2); and

(3) specify which enforcement actions described by Subsections (a)(1) and (2) the department will take if the authorization holder fails to complete the actions described by Subdivision (2) within the specified period.

(d) Before the expiration of the period specified in a notice of intent provided under Subsection (a), the authorization holder shall:

(1) ensure the issues identified by the department in the notice are corrected; and

(2) provide to the department, in the form and manner prescribed by the department, a certification acknowledging that the issues identified by the department in the notice have been corrected.

(e) The department may extend the period specified in a notice provided under Subsection (a) on a written request for an extension that the department determines is reasonable.

(f) A certification provided under Subsection (d) must include an explanation of how the issues identified by the department in the notice of intent have been corrected, such as identifying specific adjustments made to the automated driving system or operational measures implemented.

(g) If the authorization holder fails to comply with Subsection (d), the department shall:

(1) issue a decision, as specified in the notice of intent, that:

(A) suspends, revokes, or cancels the authorization issued under this subchapter for the vehicle; or

(B) imposes restrictions on the operation of the vehicle; and

(2) notify the authorization holder of the decision issued by the department under Subdivision (1).

(h) An authorization holder notified of a decision issued under Subsection (g) may submit a written request to the department for review of the decision not later than the 10th day after the date the department issued the decision. Not later than the 10th day after the date the department receives a request under this subsection, the department shall review the decision and issue a final determination to the authorization holder either upholding or rescinding the decision. If the authorization holder does not submit a request for review of a decision issued under Subsection (g) during the period provided by this subsection, the decision becomes a final determination on the 11th day after the date the department issued the decision.

(i) A suspension, revocation, cancellation, or restriction under this section takes effect on the date of the final determination of the decision under Subsection (h).

(j) The department shall promptly rescind a suspension, revocation, or cancellation under this section or remove a restriction under this section at any time if the authorization holder subsequently takes the actions required by Subsections (d)(1) and (2).

(k) An authorization holder aggrieved by an action of the department under Subsection (h) may submit a written request for a hearing not later than the 10th day after the date of the department's final determination under that subsection. The department shall file a request with the State Office of Administrative Hearings for an expedited hearing not later than the 10th day after the date the authorization holder requests the hearing. The State Office of Administrative Hearings shall hold a hearing requested under this subsection not later than the 60th day after the date of the department's final determination under Subsection (h). If a hearing is not held during the period required by this subsection, the authorization issued under this subchapter shall be automatically reinstated or the restriction imposed automatically removed, as applicable.

(l) The contested case provisions of Chapter 2001, Government Code, including the right to judicial review, apply to a proceeding under Subsection (k).

(m) Except as provided by Section 545.456, this section provides the exclusive means by which the department may:

(1) suspend, revoke, or cancel an authorization issued under this subchapter for an automated motor vehicle; or

(2) otherwise restrict the operation of an automated motor vehicle operating under an authorization issued by the department under Section 545.456.