reglab/housing_qa huggingface dataset:
TX Transp Code § 524.033 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.033. State Office of Administrative Hearings

Sec. 524.033.  STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  A hearing under this subchapter shall be heard by an administrative law judge employed by the State Office of Administrative Hearings.(b)  The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of the hearing.(c)  The department and chief administrative law judge of the State Office of Administrative Hearings shall adopt and at least biennially update a memorandum of understanding establishing that the State Office of Administrative Hearings has primary scheduling responsibility for a hearing under this subchapter.  The memorandum of understanding must, at a minimum:(1)  set out the roles and responsibilities of the State Office of Administrative Hearings and the department in scheduling a hearing under this subchapter, including which agency is responsible for scheduling each stage of a hearing;(2)  ensure that the State Office of Administrative Hearings and the department have timely access to scheduling and continuance information; and(3)  provide for the transfer of funding for department employees responsible for scheduling hearings under this subchapter from the department to the State Office of Administrative Hearings when the State Office of Administrative Hearings assumes responsibility for initial scheduling of hearings under this subchapter.(d)  The State Office of Administrative Hearings and the department shall consult with the Department of Information Resources and the Office of Court Administration of the Texas Judicial System in developing any information technology solutions needed to complete the transfer of scheduling responsibilities, as outlined in the memorandum of understanding adopted under Subsection (c).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 22, eff. September 1, 2015.|
TX Transp Code § 524.034 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.034. Hearing Location

Sec. 524.034.  HEARING LOCATION.  A hearing under this subchapter shall be held:(1)  at a location designated by the State Office of Administrative Hearings:(A)  in the county of arrest if the arrest occurred in a county with a population of 300,000 or more;  or(B)  in the county in which the person is alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county in which the person was arrested;  or(2)  with the consent of the person and the department, by telephone conference call.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 524.035 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.035. Hearing

Sec. 524.035.  HEARING.  (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)  return the person's driver's license to the person, if the license was taken by a peace officer under Section 524.011(b);(2)  reinstate the person's driver's license;  and(3)  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.|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.|
TX Transp Code § 524.036 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.036. Failure to Appear

Sec. 524.036.  FAILURE TO APPEAR.  A person who requests a hearing and fails to appear without just cause waives the right to a hearing and the department's determination is final.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 524.037 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.037. Continuance

Sec. 524.037.  CONTINUANCE.  (a)  A continuance under Section 524.032 stays the suspension of a driver's license until the date of the final decision of the administrative law judge.(b)  A suspension order may not go into effect pending a final decision of the administrative law judge as a result of a continuance granted under Section 524.039.(c)  If the person's driver's license was taken by a peace officer under Section 524.011(b), the department shall notify the person of the effect of the continuance on the suspension of the person's license before the expiration of any temporary driving permit issued to the person, if the person is otherwise eligible, in a manner that will permit the person to establish to a peace officer that the person's driver's license is not suspended.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 444, Sec. 6, eff. Sept. 1, 2001.|
TX Transp Code § 524.038 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.038. Instrument Reliability and Analysis Validity

Sec. 524.038.  INSTRUMENT RELIABILITY AND ANALYSIS VALIDITY.  (a)  The reliability of an instrument used to take or analyze a specimen of a person's breath to determine alcohol concentration and the validity of the results of the analysis may be attested to in a proceeding under this subchapter by affidavit from the certified breath test technical supervisor responsible for maintaining and directing the operation of breath test instruments in compliance with department rule.(b)  An affidavit submitted under Subsection (a) must contain statements on:(1)  the reliability of the instrument and the analytical results;  and(2)  compliance with state law in the administration of the program.(c)  An affidavit of an expert witness contesting the reliability of the instrument or the results is admissible.(d)  An affidavit from a person whose presence is timely requested under this section is inadmissible if the person fails to appear at a hearing without a showing of good cause.  Otherwise, an affidavit under this section may be submitted in lieu of an appearance at the hearing by the breath test operator, breath test technical supervisor, or expert witness.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 524.039 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.039. Appearance of Technicians at Hearing

Sec. 524.039.  APPEARANCE OF TECHNICIANS AT HEARING.  (a)  Not later than the fifth day before the date of a scheduled hearing, the person who requested a hearing may apply to the State Office of Administrative Hearings to issue a subpoena for the attendance of the breath test operator who took the specimen of the person's breath to determine alcohol concentration or the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, or both.  The State Office of Administrative Hearings shall issue the subpoena only on a showing of good cause.(b)  The department may reschedule a hearing once not less than 48 hours before the hearing if a person subpoenaed under Subsection (a) is unavailable.  The department may also reschedule the hearing on showing good cause that a person subpoenaed under Subsection (a) is not available at the time of the hearing.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 3.01, eff. September 1, 2009.|
TX Transp Code § 524.040 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.040. Notice Requirements

Sec. 524.040.  NOTICE REQUIREMENTS.  (a)  Notice required to be provided by the department under this subchapter may be given by telephone or other electronic means.  If notice is given by telephone or other electronic means, written notice must also be provided.(b)  Notice by mail is considered received on the fifth day after the date the notice is deposited with the United States Postal Service.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 524.041 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.041. Appeal From Administrative Hearing

Sec. 524.041.  APPEAL FROM ADMINISTRATIVE HEARING.  (a)  A person whose driver's license suspension is sustained may appeal the decision by filing a petition not later than the 30th day after the date the administrative law judge's decision is final.  The administrative law judge's final decision is immediately appealable without the requirement of a motion for rehearing.(b)  A petition under Subsection (a) must be filed in a county court at law in the county in which the person was arrested or, if there is not a county court at law in the county, in the county court.  If the county judge is not a licensed attorney, the county judge shall transfer the case to a district court for the county on the motion of either party or of the judge.(c)  A person who files an appeal under this section shall send a copy of the petition by certified mail to the department and to the State Office of Administrative Hearings at each agency's headquarters in Austin.  The copy must be certified by the clerk of the court in which the petition is filed.(d)  The department's right to appeal is limited to issues of law.(e)  A district or county attorney may represent the department in an appeal.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 524.042 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.042. Stay of Suspension on Appeal

Sec. 524.042.  STAY OF SUSPENSION ON APPEAL.  (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, or 49.06, 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.|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.|
TX Transp Code § 524.043 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.043. Review; Additional Evidence

Sec. 524.043.  REVIEW;  ADDITIONAL EVIDENCE.  (a)  Review on appeal is on the record certified by the State Office of Administrative Hearings with no additional testimony.(b)  On appeal, a party may apply to the court to present additional evidence.  If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the administrative law judge, the court may order that the additional evidence be taken before an administrative law judge on conditions determined by the court.(c)  There is no right to a jury trial in an appeal under this section.(d)  An administrative law judge may change a finding or decision as to whether the person had an alcohol concentration of a level specified in Section 49.01, Penal Code, or whether a minor had any detectable amount of alcohol in the minor's system because of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court.(e)  A remand under this section does not stay the suspension of a driver's license.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 29, eff. Sept. 1, 1997.|
TX Transp Code § 524.044 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter D. Hearing and Appeal|Section 524.044. Transcript of Administrative Hearing

Sec. 524.044.  TRANSCRIPT OF ADMINISTRATIVE HEARING.  (a)  To obtain a transcript of an administrative hearing, the party who appeals the administrative law judge's decision must apply to the State Office of Administrative Hearings.(b)  On payment of a fee not to exceed the actual cost of preparing the transcript, the State Office of Administrative Hearings shall promptly furnish both parties with a transcript of the administrative hearing.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 524.051 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle B - Driver's Licenses and Personal Identification Cards|Chapter 524 - Administrative Suspension of Driver's License for Failure to Pass Test for Intoxication|Subchapter E. Reinstatement and Reissuance of Driver's License|Section 524.051. Reinstatement and Reissuance

Sec. 524.051.  REINSTATEMENT AND REISSUANCE.  (a)  A driver's license suspended under this chapter may not be reinstated or another driver's license issued to the person until the person pays the department a fee of $125 in addition to any other fee required by law.(b)  The payment of a reinstatement fee is not required if a suspension under this chapter is:(1)  rescinded by the department;  or(2)  not sustained by an administrative law judge, or a court.(c)  Each fee collected under this section shall be deposited to the credit of the Texas mobility fund.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 444, Sec. 14(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1325, Sec. 11.06, eff. Sept. 1, 2003.|
TX Transp Code § 541.001 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle C - Rules of the Road|Chapter 541 - Definitions|Subchapter A. Persons and Governmental Authorities|Section 541.001. Persons

Sec. 541.001.  PERSONS.  In this subtitle:(1)  "Escort flagger" has the meaning assigned by Section 623.008.(1-a)  "Operator" means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.(2)  "Owner" means, as used in reference to a vehicle, a person who has a property interest in or title to a vehicle.  The term:(A)  includes a person entitled to use and possess a vehicle subject to a security interest;  and(B)  excludes a lienholder and a lessee whose lease is not intended as security.(3)  "Pedestrian" means a person on foot.(4)  "Person" means an individual, firm, partnership, association, or corporation.(5)  "School crossing guard" means a responsible person who is at least 18 years of age and is designated by a local authority to direct traffic in a school crossing zone for the protection of children going to or leaving a school.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.103, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1129 (H.B. 2620), Sec. 1, eff. September 1, 2019.|
TX Transp Code § 541.002 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle C - Rules of the Road|Chapter 541 - Definitions|Subchapter A. Persons and Governmental Authorities|Section 541.002. Governmental Authorities

Sec. 541.002.  GOVERNMENTAL AUTHORITIES.  In this subtitle:(1)  "Department" means the Department of Public Safety acting directly or through its authorized officers and agents.(2)  "Director" means the public safety director.(3)  "Local authority" means:(A)  a county, municipality, or other local entity authorized to enact traffic laws under the laws of this state;  or(B)  a school district created under the laws of this state only when it is designating school crossing guards for schools operated by the district.(4)  "Police officer" means an officer authorized to direct traffic or arrest persons who violate traffic regulations.(5)  "State" has the meaning assigned by Section 311.005, Government Code, and includes a province of Canada.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 541.101 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle C - Rules of the Road|Chapter 541 - Definitions|Subchapter B. Property Areas|Section 541.101. Metropolitan Area

Sec. 541.101.  METROPOLITAN AREA.  In this subtitle, "metropolitan area" means an area that:(1)  contains at least one municipality with a population of at least 100,000;  and(2)  includes the adjacent municipalities and unincorporated urban districts.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 541.102 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle C - Rules of the Road|Chapter 541 - Definitions|Subchapter B. Property Areas|Section 541.102. Restricted Districts

Sec. 541.102.  RESTRICTED DISTRICTS.  In this subtitle:(1)  "Business district" means the territory adjacent to and including a highway if buildings used for business or industrial purposes, including a building used as a hotel, bank, office building, public building, or railroad station:(A)  are located within a 600-foot segment along the highway;  and(B)  within that segment the buildings occupy at least 300 feet of frontage:(i)  on one side of the highway;  or(ii)  collectively on both sides of the highway.(2)  "Residence district" means the territory, other than a business district, adjacent to and including a highway, if at least 300 feet of the highway frontage is primarily improved with:(A)  residences;  or(B)  buildings used for business purposes and residences.(3)  "Urban district" means the territory adjacent to and including a highway, if the territory:(A)  is not in a municipality;  and(B)  is improved with structures that are used for business, industry, or dwelling houses and located at intervals of less than 100 feet for a distance of at least one-quarter mile on either side of the highway.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 541.202 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle C - Rules of the Road|Chapter 541 - Definitions|Subchapter C. Vehicles, Rail Transportation, and Equipment|Section 541.202. Rail Transportation

Sec. 541.202.  RAIL TRANSPORTATION.  In this subtitle:(1)  "Railroad" means a carrier that operates cars, other than streetcars, on stationary rails to transport persons or property.(2)  "Railroad train" means a steam engine or electric or other motor with or without an attached car operated on rails, other than a streetcar.(3)  "Streetcar" means a car, other than a railroad train, used to transport persons or property and operated on rails located primarily within a municipality.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|