reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 723 - Texas Traffic Safety Act › Subchapter B. Preparation and Administration of Traffic Safety Program › Section 723.013. Driver Education and Training Program

Sec. 723.013.  DRIVER EDUCATION AND TRAINING PROGRAM.  (a)  The statewide driver education and training program required by Section 723.012 shall provide for:
(1)  rules that permit controlled innovation and experimentation and that set minimum standards for:
(A)  classroom instruction;
(B)  driving skills training;
(C)  instructor qualifications;
(D)  program content; and
(E)  supplementary materials and equipment;
(2)  a method for continuing evaluation of approved driver education and training programs to identify the practices most effective in preventing traffic collisions; and
(3)  contracts between the governing bodies of centrally located independent school districts or other appropriate public or private agencies and the state to provide approved driver education and training programs.
(b)  Instruction offered under a contract authorized by this section must be offered to any applicant who is over 15 years of age.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 104, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 723 - Texas Traffic Safety Act › Subchapter B. Preparation and Administration of Traffic Safety Program › Section 723.014. Cooperation of State Agencies, Officers, and Employees

Sec. 723.014.  COOPERATION OF STATE AGENCIES, OFFICERS, AND EMPLOYEES.  On the governor's request, a state agency or institution, state officer, or state employee shall cooperate in an activity of the state that is consistent with:
(1)  this chapter;  and
(2)  the agency's, institution's, officer's, or employee's official functions.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 723 - Texas Traffic Safety Act › Subchapter B. Preparation and Administration of Traffic Safety Program › Section 723.015. Participation in Program by Legal or Political Subdivision

Sec. 723.015.  PARTICIPATION IN PROGRAM BY LEGAL OR POLITICAL SUBDIVISION.  A legal or political subdivision of this state may:
(1)  cooperate and contract with the state, another legal or political subdivision of this state, or a private person in establishing, developing, and maintaining a statewide traffic safety program;
(2)  spend money from any source for an activity related to performing a part of the traffic safety program;  and
(3)  contract and pay for a personal service or property to be used in the traffic safety program or for an activity related to the program.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 723 - Texas Traffic Safety Act › Subchapter C. Gifts, Grants, Donations, Grants-in-Aid, and Payments › Section 723.031. Gifts, Grants, and Donations

Sec. 723.031.  GIFTS, GRANTS, AND DONATIONS.  To implement this chapter, the state may accept and spend a gift, grant, or donation of money or other property from a private source.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 723 - Texas Traffic Safety Act › Subchapter C. Gifts, Grants, Donations, Grants-in-Aid, and Payments › Section 723.032. Grants-in-Aid and Contractual Payments

Sec. 723.032.  GRANTS-IN-AID AND CONTRACTUAL PAYMENTS.  (a)  A grant-in-aid for a governmental purpose or a contractual payment may be made to a legal or political subdivision of this state to carry out a duty or activity that is part of the statewide traffic safety program.
(b)  To implement this chapter, a contractual payment may be made from money in the traffic safety fund account for a service rendered or property furnished by a private person or an agency that is not a legal or political subdivision of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.162, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter A. General Provisions › Section 724.001. Definitions

Sec. 724.001.  DEFINITIONS.  In this chapter:
(1)  "Alcohol concentration" has the meaning assigned by Section 49.01, Penal Code.
(2)  "Arrest" includes the taking into custody of a child, as defined by Section 51.02, Family Code.
(3)  "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(4)  "Criminal charge" includes a charge that may result in a proceeding under Title 3, Family Code.
(5)  "Criminal proceeding" includes a proceeding under Title 3, Family Code.
(6)  "Dangerous drug" has the meaning assigned by Section 483.001, Health and Safety Code.
(7)  "Department" means the Department of Public Safety.
(8)  "Drug" has the meaning assigned by Section 481.002, Health and Safety Code.
(9)  "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(10)  "License" has the meaning assigned by Section 521.001.
(11)  "Operate" means to drive or be in actual control of a motor vehicle or watercraft.
(12)  "Public place" has the meaning assigned by Section 1.07, Penal Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 31, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter A. General Provisions › Section 724.002. Applicability

Sec. 724.002.  APPLICABILITY.  The provisions of this chapter that apply to suspension of a license for refusal to submit to the taking of a specimen (Sections 724.013, 724.015, and 724.048 and Subchapters C and D) apply only to a person arrested for an offense involving the operation of a motor vehicle or watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 444, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter A. General Provisions › Section 724.003. Rulemaking

Sec. 724.003.  RULEMAKING.  The department and the State Office of Administrative Hearings shall adopt rules to administer this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter B. Taking and Analysis of Specimen › Section 724.011. Consent to Taking of Specimen

Sec. 724.011.  CONSENT TO TAKING OF SPECIMEN.  (a)  If a person is arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code, the person is deemed to have consented, subject to this chapter, to submit to the taking of one or more specimens of the person's breath or blood for analysis to determine the alcohol concentration or the presence in the person's body of a controlled substance, drug, dangerous drug, or other substance.
(b)  A person arrested for an offense described by Subsection (a) may consent to submit to the taking of any other type of specimen to determine the person's alcohol concentration.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 32, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter B. Taking and Analysis of Specimen › Section 724.013. Prohibition on Taking Specimen if Person Refuses; Exception

Sec. 724.013.  PROHIBITION ON TAKING SPECIMEN IF PERSON REFUSES; EXCEPTION. Except as provided by Section 724.012(a-1) or (b), a specimen may not be taken if a person refuses to submit to the taking of a specimen designated by a peace officer.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1024 (H.B. 558), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter B. Taking and Analysis of Specimen › Section 724.014. Person Incapable of Refusal

Sec. 724.014.  PERSON INCAPABLE OF REFUSAL.  (a)  A person who is dead, unconscious, or otherwise incapable of refusal is considered not to have withdrawn the consent provided by Section 724.011.
(b)  If the person is dead, a specimen may be taken by:
(1)  the county medical examiner or the examiner's designated agent;  or
(2)  a licensed mortician or a person authorized under Section 724.016 or 724.017 if there is not a county medical examiner for the county.
(c)  If the person is alive but is incapable of refusal, a specimen may be taken by a person authorized under Section 724.016 or 724.017.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter B. Taking and Analysis of Specimen › Section 724.016. Breath Specimen

Sec. 724.016.  BREATH SPECIMEN.  (a)  A breath specimen taken at the request or order of a peace officer must be taken and analyzed under rules of the department by an individual possessing a certificate issued by the department certifying that the individual is qualified to perform the analysis.
(b)  The department may:
(1)  adopt rules approving satisfactory analytical methods;  and
(2)  ascertain the qualifications of an individual to perform the analysis.
(c)  The department may revoke a certificate for cause.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter B. Taking and Analysis of Specimen › Section 724.018. Furnishing Information Concerning Test Results

Sec. 724.018.  FURNISHING INFORMATION CONCERNING TEST RESULTS.  On the request of a person who has given a specimen at the request of a peace officer, full information concerning the analysis of the specimen shall be made available to the person or the person's attorney.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 724 - Implied Consent › Subchapter B. Taking and Analysis of Specimen › Section 724.019. Additional Analysis by Request

Sec. 724.019.  ADDITIONAL ANALYSIS BY REQUEST.  (a)  A person who submits to the taking of a specimen of breath, blood, urine, or another bodily substance at the request or order of a peace officer may, on request and within a reasonable time not to exceed two hours after the arrest, have a physician, qualified technician, chemist, or registered professional nurse selected by the person take for analysis an additional specimen of the person's blood.
(b)  The person shall be allowed a reasonable opportunity to contact a person specified by Subsection (a).
(c)  A peace officer or law enforcement agency is not required to transport for testing a person who requests that a blood specimen be taken under this section.
(d)  The failure or inability to obtain an additional specimen or analysis under this section does not preclude the admission of evidence relating to the analysis of the specimen taken at the request or order of the peace officer.
(e)  A peace officer, another person acting for or on behalf of the state, or a law enforcement agency is not liable for damages arising from a person's request to have a blood specimen taken.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 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 724.031. Statement Requested on Refusal

Sec. 724.031.  STATEMENT REQUESTED ON REFUSAL.  If a person refuses the request of a peace officer to submit to the taking of a specimen, the peace officer shall request the person to sign a statement that:
(1)  the officer requested that the person submit to the taking of a specimen;
(2)  the person was informed of the consequences of not submitting to the taking of a specimen;  and
(3)  the person refused to submit to the taking of a specimen.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 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; and
(2)  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; and
(2)  a copy of the refusal report.
(d)  The department shall develop forms for notices of suspension or denial to be used by all state and local law enforcement agencies.
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 4, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 8, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
(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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 5, eff. September 1, 2023.
2023 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.
2023 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 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 6, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 726 - Testing and Inspection of Motor Vehicles by Certain Municipalities › Section 726.001. Applicability

Sec. 726.001.  APPLICABILITY.  (a)  This chapter applies only to a municipality with a population of more than 290,000.
(b)  This section or an ordinance adopted under this section does not apply to a motor vehicle, trailer, or semitrailer operated under a registration certificate issued under Chapter 643.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.166, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 726 - Testing and Inspection of Motor Vehicles by Certain Municipalities › Section 726.002. Testing and Inspection of Motor Vehicles

Sec. 726.002.  TESTING AND INSPECTION OF MOTOR VEHICLES.  A municipality may adopt an ordinance:
(1)  requiring each resident of the municipality, including a corporation having its principal office or place of business in the municipality, who owns a motor vehicle used for the transportation of persons or property and each person operating a motor vehicle on the public thoroughfares of the municipality to have each motor vehicle owned or operated, as appropriate, tested and inspected not more than four times in each calendar year;
(2)  requiring each motor vehicle involved in a collision to be tested and inspected before it may be operated on the public thoroughfares of the municipality; or
(3)  requiring that a motor vehicle operated on the public thoroughfares of the municipality be tested, inspected, and approved by the testing and inspecting authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 106, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 726 - Testing and Inspection of Motor Vehicles by Certain Municipalities › Section 726.003. Motor Vehicle Testing Stations; Testing and Inspection Fee

Sec. 726.003.  MOTOR VEHICLE TESTING STATIONS;  TESTING AND INSPECTION FEE.  (a)  A municipality may acquire, establish, improve, operate, and maintain motor vehicle testing stations and pay for the stations from fees charged for testing and inspecting motor vehicles.
(b)  A municipality may impose a fee for the testing and inspecting of a motor vehicle.  The fee may not exceed $1 a year.  Fees collected under this subsection shall be placed in a separate fund from which may be paid the costs in connection with automotive and safety education programs and the acquisition, establishment, improvement, operation, and maintenance of the testing stations.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 726 - Testing and Inspection of Motor Vehicles by Certain Municipalities › Section 726.004. Financing of Motor Vehicle Testing Stations

Sec. 726.004.  FINANCING OF MOTOR VEHICLE TESTING STATIONS.  (a)  A municipality may borrow money to finance all or part of the cost of the acquisition, establishment, improvement, or repair of motor vehicle testing stations and may pledge all or part of the fees or other receipts derived from the operation of the stations for payment of principal and interest on the loan.
(b)  A municipality may encumber a testing station, including things acquired pertaining to the station, to secure the payment of funds to construct all or part of the station or to improve, operate, or maintain the station.  An encumbrance is not a debt of the municipality but is solely a charge on the property encumbered and may not be considered in determining the power of the municipality to issue bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 727 - Modification Of, Tampering With, and Equipment of Motor Vehicles › Section 727.001. Minimum Road Clearance of Certain Vehicles; Offense

Sec. 727.001.  MINIMUM ROAD CLEARANCE OF CERTAIN VEHICLES;  OFFENSE.  (a)  A person commits an offense if the person operates on a public roadway a passenger or commercial vehicle that has been modified from its original design or weighted so that the clearance between any part of the vehicle other than the wheels and the surface of the level roadway is less than the clearance between the roadway and the lowest part of the rim of any wheel in contact with the roadway.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $50.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 727 - Modification Of, Tampering With, and Equipment of Motor Vehicles › Section 727.002. Tampering With Odometer; Offense

Sec. 727.002.  TAMPERING WITH ODOMETER;  OFFENSE.  (a)  A person commits an offense if the person, with intent to defraud, disconnects or resets an odometer to reduce the number of miles indicated on the odometer.
(b)  Except as provided by Subsection (c), an offense under this section is punishable by:
(1)  confinement in the county jail for not more than two years;
(2)  a fine not to exceed $1,000;  or
(3)  both the confinement and fine.
(c)  If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section, the offense is punishable by:
(1)  confinement in the county jail for not less than 30 days or more than two years;  and
(2)  a fine not to exceed $2,000.
(d)  In this section, "odometer" means an instrument for measuring and recording the distance a motor vehicle travels while in operation but does not include an auxiliary odometer designed to be reset by the operator to record mileage on trips.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 727 - Modification Of, Tampering With, and Equipment of Motor Vehicles › Section 727.003. Tire Equipment of Motor Vehicle, Trailer, or Tractor; Offense

Sec. 727.003.  TIRE EQUIPMENT OF MOTOR VEHICLE, TRAILER, OR TRACTOR;  OFFENSE.  (a)  A person commits an offense if the person operates or permits to be operated on a public highway a motor vehicle, trailer, semitrailer, or tractor equipped with:
(1)  solid rubber tires less than one inch in thickness at any point from the surface to the rim;  or
(2)  pneumatic tires, one or more of which has been removed.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle J - Miscellaneous Provisions › Chapter 727 - Modification Of, Tampering With, and Equipment of Motor Vehicles › Section 727.004. Rim or Tire Width; Offense

Sec. 727.004.  RIM OR TIRE WIDTH;  OFFENSE.  (a)  A person commits an offense if the person sells or offers for sale a road vehicle, including a wagon, that has a rim or tire width less than:
(1)  three inches, if the vehicle has an intended carrying capacity of more than 2,000 pounds and not more than 4,500 pounds;  or
(2)  four inches, if the vehicle has an intended carrying capacity of more than 4,500 pounds.
(b)  This section does not apply to an individual who sells or offers for sale a road vehicle purchased for the individual's use.
(c)  An offense under this section is punishable by a fine of not less than $100 or more than $1,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 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.
2023 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 728.002. Sale of Motor Vehicles on Consecutive Saturday and Sunday Prohibited

Sec. 728.002.  SALE OF MOTOR VEHICLES ON CONSECUTIVE SATURDAY AND SUNDAY PROHIBITED.  (a)  A person may not, on consecutive days of Saturday and Sunday:
(1)  sell or offer for sale a motor vehicle;  or
(2)  compel an employee to sell or offer for sale a motor vehicle.
(b)  Each day a motor vehicle is offered for sale is a separate violation.  Each sale of a motor vehicle is a separate violation.
(c)  This section does not prohibit the occasional sale of a motor vehicle by a person not in a business that includes the sale of motor vehicles.
(d)  This section does not prohibit the quoting of a price for a motor home or tow truck at a show or exhibition described by Section 2301.358, Occupations Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 553 (H.B. 2872), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 132, eff. September 1, 2013.
2023 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 728.003. Civil Penalty

Sec. 728.003.  CIVIL PENALTY.  (a)  A person who violates Section 728.002 is subject to a civil penalty of:
(1)  not more than $500 for a first violation;
(2)  not less than $500 or more than $1,000 for a second violation;  or
(3)  not less than $1,000 or more than $5,000 for a third or subsequent violation.
(b)  On a finding by the trier of fact that a person wilfully or with conscious indifference violated Section 728.002, the court may triple the penalty due under Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 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 728.004. Enforcement; Injunction

Sec. 728.004.  ENFORCEMENT;  INJUNCTION.  (a)  The attorney general or a district, county, or municipal attorney may enforce this subchapter and may bring an action in the county in which a violation is alleged.
(b)  The operation of a business in violation of this subchapter is a public nuisance.  Any person, including a district, county, or municipal attorney, may obtain an injunction restraining a violation of this subchapter.  A person who obtains an injunction under this subsection may recover the person's costs, including court costs and reasonable attorney's fees.
(c)  An employer is a necessary party to an action brought against its employee under this section.  An employer is strictly liable for all amounts, including civil penalties, damages, costs, and attorney's fees, resulting from a violation of Section 728.002 by its employee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 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 B. Sale of Master Key for Motor Vehicle Ignitions › Section 728.011. Sale of Master Key for Motor Vehicle Ignitions

Sec. 728.011.  SALE OF MASTER KEY FOR MOTOR VEHICLE IGNITIONS.  (a)  A person commits an offense if the person sells or offers to sell a master key knowingly designed to fit the ignition switch on more than one motor vehicle.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.