reglab/housing_qa huggingface dataset:
TX Transp Code § 724.032 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter C. Suspension or Denial of License on Refusal of Specimen|Section 724.032. Officer's Duties for License Suspension; Written Refusal Report

Sec. 724.032.  OFFICER'S DUTIES FOR LICENSE SUSPENSION;  WRITTEN REFUSAL REPORT.  (a)  If a person refuses to submit to the taking of a specimen, whether expressly or because of an intentional failure of the person to give the specimen, the peace officer shall:(1)  serve notice of license suspension or denial on the person;(2)  take possession of any license issued by this state and held by the person arrested;(3)  issue a temporary driving permit to the person unless department records show or the officer otherwise determines that the person does not hold a license to operate a motor vehicle in this state;  and(4)  make a written report of the refusal to the director of the department.(b)  The director must approve the form of the refusal report.  The report must:(1)  show the grounds for the officer's belief that the person had been operating a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated;  and(2)  contain a copy of:(A)  the refusal statement requested under Section 724.031;  or(B)  a statement signed by the officer that the person refused to:(i)  submit to the taking of the requested specimen;  and(ii)  sign the requested statement under Section 724.031.(c)  The officer shall forward to the department not later than the fifth business day after the date of the arrest:(1)  a copy of the notice of suspension or denial;(2)  any license taken by the officer under Subsection (a);(3)  a copy of any temporary driving permit issued under Subsection (a);  and(4)  a copy of the refusal report.(d)  The department shall develop forms for notices of suspension or denial and temporary driving permits to be used by all state and local law enforcement agencies.(e)  A temporary driving permit issued under this section expires on the 41st day after the date of issuance.  If the person was driving a commercial motor vehicle, as defined by Section 522.003, a temporary driving permit that authorizes the person to drive a commercial motor vehicle is not effective until 24 hours after the time of arrest.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 444, Sec. 9, eff. Sept. 1, 2001.|
TX Transp Code § 724.033 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter C. Suspension or Denial of License on Refusal of Specimen|Section 724.033. Issuance by Department of Notice of Suspension or Denial of License

Sec. 724.033.  ISSUANCE BY DEPARTMENT OF NOTICE OF SUSPENSION OR DENIAL OF LICENSE.  (a)  On receipt of a report of a peace officer under Section 724.032, if the officer did not serve notice of suspension or denial of a license at the time of refusal to submit to the taking of a specimen, the department shall mail notice of suspension or denial, by first class mail, to the address of the person shown by the records of the department or to the address given in the peace officer's report, if different.(b)  Notice is considered received on the fifth day after the date it is mailed.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1409, Sec. 5, eff. Sept. 1, 1999.|
TX Transp Code § 724.034 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter C. Suspension or Denial of License on Refusal of Specimen|Section 724.034. Contents of Notice of Suspension or Denial of License

Sec. 724.034.  CONTENTS OF NOTICE OF SUSPENSION OR DENIAL OF LICENSE.  A notice of suspension or denial of a license must state:(1)  the reason and statutory grounds for the action;(2)  the effective date of the suspension or denial;(3)  the right of the person to a hearing;(4)  how to request a hearing;  and(5)  the period in which a request for a hearing must be received by the department.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 724.035 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter C. Suspension or Denial of License on Refusal of Specimen|Section 724.035. Suspension or Denial of License

Sec. 724.035.  SUSPENSION OR DENIAL OF LICENSE.  (a)  If a person refuses the request of a peace officer to submit to the taking of a specimen, the department shall:(1)  suspend the person's license to operate a motor vehicle on a public highway for 180 days;  or(2)  if the person is a resident without a license, issue an order denying the issuance of a license to the person for 180 days.(b)  The period of suspension or denial is two years if the person's driving record shows one or more alcohol-related or drug-related enforcement contacts, as defined by Section 524.001(3), during the 10 years preceding the date of the person's arrest.(c)  A suspension or denial takes effect on the 40th day after the date on which the person:(1)  receives notice of suspension or denial under Section 724.032(a);  or(2)  is considered to have received notice of suspension or denial under Section 724.033.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.163, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1013, Sec. 35, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 444, Sec. 10, eff. Sept. 1, 2001.|
TX Transp Code § 724.041 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.041. Hearing on Suspension or Denial

Sec. 724.041.  HEARING ON SUSPENSION OR DENIAL.  (a)  If, not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032(a) or is considered to have received notice under Section 724.033, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, the State Office of Administrative Hearings shall hold a hearing.(b)  A hearing shall be held not earlier than the 11th day after the date the person is notified, unless the parties agree to waive this requirement, but before the effective date of the notice of suspension or denial.(c)  A request for a hearing stays the suspension or denial until the date of the final decision of the administrative law judge.  If the person's license was taken by a peace officer under Section 724.032(a), the department shall notify the person of the effect of the request 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 license is not suspended.(d)  A hearing shall be held by an administrative law judge employed by the State Office of Administrative Hearings.(e)  A hearing shall be held:(1)  at a location designated by the State Office of Administrative Hearings:(A)  in the county of arrest if the county has a population of 300,000 or more;  or(B)  in the county in which the person was 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 of arrest if the population of the county of arrest is less than 300,000;  or(2)  with the consent of the person requesting the hearing and the department, by telephone conference call.(f)  The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of a hearing under this subchapter.(g)  An administrative hearing under this section is governed by Sections 524.032(b) and (c), 524.035(e), 524.037(a), and 524.040.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.164, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 444, Sec. 11, eff. Sept. 1, 2001.|
TX Transp Code § 724.042 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.042. Issues at Hearing

Sec. 724.042.  ISSUES AT HEARING.  The issues at a hearing under this subchapter are whether:(1)  reasonable suspicion or probable cause existed to stop or arrest the person;(2)  probable cause existed to believe that the person was:(A)  operating a motor vehicle in a public place while intoxicated;  or(B)  operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated;(3)  the person was placed under arrest by the officer and was requested to submit to the taking of a specimen;  and(4)  the person refused to submit to the taking of a specimen on request of the officer.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 444, Sec. 12, eff. Sept. 1, 2001.|
TX Transp Code § 724.043 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.043. Findings of Administrative Law Judge

Sec. 724.043.  FINDINGS OF ADMINISTRATIVE LAW JUDGE.  (a)  If the administrative law judge finds in the affirmative on each issue under Section 724.042, the suspension order is sustained.  If the person is a resident without a license, the department shall continue to deny to the person the issuance of a license for the applicable period provided by Section 724.035.(b)  If the administrative law judge does not find in the affirmative on each issue under Section 724.042, the department shall return the person's license to the person, if the license was taken by a peace officer under Section 724.032(a), and reinstate the person's license or rescind any order denying the issuance of a license because of the person's refusal to submit to the taking of a specimen under Section 724.032(a).|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 444, Sec. 13, eff. Sept. 1, 2001.|
TX Transp Code § 724.044 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.044. Waiver of Right to Hearing

Sec. 724.044.  WAIVER OF RIGHT TO HEARING.  A person waives the right to a hearing under this subchapter and the department's suspension or denial is final and may not be appealed if the person:(1)  fails to request a hearing under Section 724.041;  or(2)  requests a hearing and fails to appear, without good cause.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 724.045 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.045. Prohibition on Probation of Suspension

Sec. 724.045.  PROHIBITION ON PROBATION OF SUSPENSION.  A suspension under this chapter may not be probated.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 724.046 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.046. Reinstatement of License or Issuance of New License

Sec. 724.046.  REINSTATEMENT OF LICENSE OR ISSUANCE OF NEW LICENSE.  (a)  A license suspended under this chapter may not be reinstated or a new license issued until the person whose license has been suspended pays to the department a fee of $125 in addition to any other fee required by law.  A person subject to a denial order issued under this chapter may not obtain a license after the period of denial has ended until the person pays to the department a fee of $125 in addition to any other fee required by law.(b)  If a suspension or denial under this chapter is rescinded by the department, an administrative law judge, or a court, payment of the fee under this section is not required for reinstatement or issuance of a license.(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(b), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1325, Sec. 11.09, eff. Sept. 1, 2003.|
TX Transp Code § 724.047 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.047. Appeal

Sec. 724.047.  APPEAL.  Chapter 524 governs an appeal from an action of the department, following an administrative hearing under this chapter, in suspending or denying the issuance of a license.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 724.048 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter D. Hearing|Section 724.048. Relationship of Administrative Proceeding to Criminal Proceeding

Sec. 724.048.  RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO CRIMINAL PROCEEDING.  (a)  The determination of the department or administrative law judge:(1)  is a civil matter;(2)  is independent of and is not an estoppel as to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension or denial;  and(3)  does not preclude litigation of the same or similar facts in a criminal prosecution.(b)  Except as provided by Subsection (c), the disposition of a criminal charge does not affect a license suspension or denial under this chapter and is not an estoppel as to any matter in issue in a suspension or denial proceeding under this chapter.(c)  If a criminal charge arising from the same arrest as a suspension under this chapter results in an acquittal, the suspension under this chapter may not be imposed.  If a suspension under this chapter has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the individual.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 36, eff. Sept. 1, 1997.|
TX Transp Code § 724.061 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter E. Admissibility of Evidence|Section 724.061. Admissibility of Refusal of Person to Submit to Taking of Specimen

Sec. 724.061.  ADMISSIBILITY OF REFUSAL OF PERSON TO SUBMIT TO TAKING OF SPECIMEN.  A person's refusal of a request by an officer to submit to the taking of a specimen of breath or blood, whether the refusal was express or the result of an intentional failure to give the specimen, may be introduced into evidence at the person's trial.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 724.062 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter E. Admissibility of Evidence|Section 724.062. Admissibility of Refusal of Request for Additional Test

Sec. 724.062.  ADMISSIBILITY OF REFUSAL OF REQUEST FOR ADDITIONAL TEST.  The fact that a person's request to have an additional analysis under Section 724.019 is refused by the officer or another person acting for or on behalf of the state, that the person was not provided a reasonable opportunity to contact a person specified by Section 724.019(a) to take the specimen, or that reasonable access was not allowed to the arrested person may be introduced into evidence at the person's trial.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 724.063 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter E. Admissibility of Evidence|Section 724.063. Admissibility of Alcohol Concentration or Presence of Substance

Sec. 724.063.  ADMISSIBILITY OF ALCOHOL CONCENTRATION OR PRESENCE OF SUBSTANCE.  Evidence of alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance obtained by an analysis authorized by Section 724.014 is admissible in a civil or criminal action.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.165, eff. Sept. 1, 1997.|
TX Transp Code § 724.064 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 724 - Implied Consent|Subchapter E. Admissibility of Evidence|Section 724.064. Admissibility in Criminal Proceeding of Specimen Analysis

Sec. 724.064.  ADMISSIBILITY IN CRIMINAL PROCEEDING OF SPECIMEN ANALYSIS.  On the trial of a criminal proceeding arising out of an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft, or an offense under Section 106.041, Alcoholic Beverage Code, evidence of the alcohol concentration or presence of a controlled substance, drug, dangerous drug, or other substance as shown by analysis of a specimen of the person's blood, breath, or urine or any other bodily substance taken at the request or order of a peace officer is admissible.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 37, eff. Sept. 1, 1997.|
TX Transp Code § 725.001 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 725 - Transportation of Loose Materials|Subchapter A. General Provisions|Section 725.001. Definitions

Sec. 725.001.  DEFINITIONS.  In this chapter:(1)  "Load" means a load of loose material.(2)  "Loose material" means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents, or other weather.  The term includes dirt, sand, gravel, refuse, and wood chips but excludes an agricultural product in its natural state.(3)  "Motor vehicle" has the meaning assigned by Section 621.001.(4)  "Public highway" includes a public road or street.(4-a)  "Refuse" means trash, rubbish, garbage, or any other discarded material.(5)  "Semitrailer" has the meaning assigned by Section 621.001.(6)  "Trailer" has the meaning assigned by Section 621.001.(7)  "Vehicle" has the meaning assigned by Section 621.001.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 800 (S.B. 387), Sec. 1, eff. September 1, 2007.|
TX Transp Code § 725.002 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 725 - Transportation of Loose Materials|Subchapter A. General Provisions|Section 725.002. Applicability

Sec. 725.002.  APPLICABILITY.  This chapter applies to any motor vehicle, trailer, or semitrailer operated on a public highway except  a vehicle or construction or mining equipment that is:(1)  moving between construction barricades on a public works project; or(2)  crossing a public highway.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 800 (S.B. 387), Sec. 2, eff. September 1, 2007.|
TX Transp Code § 725.003 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 725 - Transportation of Loose Materials|Subchapter A. General Provisions|Section 725.003. Offense; Penalty

Sec. 725.003.  OFFENSE;  PENALTY.  (a)  A person or the person's agent or employee may not transport loose material in violation of this chapter.(b)  A person, excluding this state or a political subdivision of this state but including an agent or employee of this state or a political subdivision of this state, commits an offense if the person violates Subsection (a).(c)  An offense under this section is a misdemeanor punishable by a fine of  not less than $25 or more than $500.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 938 (H.B. 754), Sec. 1, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 800 (S.B. 387), Sec. 3, eff. September 1, 2007.|
TX Transp Code § 725.021 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 725 - Transportation of Loose Materials|Subchapter B. Requirements for Transporting Loose Materials|Section 725.021. Containing Loose Materials

Sec. 725.021.  CONTAINING LOOSE MATERIALS.  (a)  A vehicle subject to this chapter shall be equipped and maintained as required by this section to prevent loose material from escaping by blowing or spilling.(b)  A vehicle bed carrying a load:(1)  may not have a hole, crack, or other opening through which loose material can escape;  and(2)  shall be enclosed:(A)  on both sides by side panels;(B)  on the front by a panel or the vehicle cab;  and(C)  on the rear by a tailgate or panel.(c)  Except as provided by Subsection (e), the load shall be covered and the covering firmly secured at the front and back, unless the load:(1)  is completely enclosed by the load-carrying compartment; or(2)  does not blow from or spill over the top of the load-carrying compartment.(d)  The tailgate of the vehicle shall be securely closed to prevent spillage during transportation.(e)  If the vehicle is a commercial motor vehicle transporting loose material, the load shall be covered and the covering firmly secured at the front and back or shall be completely enclosed by the load-carrying compartment.  For purposes of this section, "commercial motor vehicle" means a motor vehicle, trailer, or semitrailer used primarily in the business of transporting property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 938 (H.B. 754), Sec. 2, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 800 (S.B. 387), Sec. 4, eff. September 1, 2007.|
TX Transp Code § 725.022 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 725 - Transportation of Loose Materials|Subchapter B. Requirements for Transporting Loose Materials|Section 725.022. Maintaining Non-Load-Carrying Vehicle Parts

Sec. 725.022.  MAINTAINING NON-LOAD-CARRYING VEHICLE PARTS.  (a)  Loose material that is spilled because of loading on a vehicle part that does not carry the load shall be removed before the vehicle is operated on a public highway.(b)  After the vehicle is unloaded and before the vehicle is operated on a public highway, residue of transported loose material on a vehicle part that does not carry the load shall be removed from the vehicle part.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|
TX Transp Code § 728.001 (2021)
2021 Texas Statutes|Transportation Code|Title 7 - Vehicles and Traffic|Subtitle J - Miscellaneous Provisions|Chapter 728 - Sale or Transfer of Motor Vehicles and Master Keys|Subchapter A. Sale of Motor Vehicles on Consecutive Saturday and Sunday|Section 728.001. Definitions

Sec. 728.001.  DEFINITIONS.  In this subchapter:(1)  "Employer" means a person who:(A)  owns a facility that sells or offers for sale motor vehicles;  or(B)  has the authority to determine the hours of operation of the facility.(2)  "Motor vehicle" means a self-propelled vehicle of two or more wheels designed to transport a person or property.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.|