Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 25 - SAFETY RESPONSIBILITY REGULATIONS › Section 25.2 - Crash Suspension Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A Notice of
				Suspension will be issued to the driver and/or owner in a crash that meets the
				criteria in §
									25.1
				of this title (relating to Criteria for Establishing Crash Cases for
				Enforcement). The suspension will be effective 21 days from the date of the
				notice unless a timely administrative hearing is requested or the Department
				receives complete compliance as indicated in subsection (c) of this
				section.
(b) If a hearing is
				requested timely (within 20 days from the date on the Notice), it will be
				granted pursuant to Texas Transportation Code (TRC), §601.156. The
				administrative hearing will be conducted pursuant to TRC 521 Subchapter N and
				37 TAC §§
									15.81-
				15.85 of this
				title (relating to Driver Improvement).
(c) Compliance acceptable to prevent a
				suspension if filed prior to the effective date of the suspension, or to lift
				the suspension after the effective date in any of the following ways:
(1) information indicating liability
				insurance coverage at the time of the crash in the form of a letter on
				insurance company letterhead.
(2)
				evidence of settlement indicating no probability of a judgment, such as:
(A) a copy of the front and back of a
				canceled check/checks totaling the amount of security required in the crash,
				or
(B) evidence that the uninsured
				party had been paid by another party/parties involved or their insurance
				company, or
(C) proof that the
				damaged vehicle was illegally parked at the time of the crash.
(3) form SR-11 (Release) or a
				properly executed document releasing the at-fault individual from all
				liability.
(A) The release must be signed by
				all owners of the damaged property and /or by all parties who sustained
				personal injury.
(B) The document
				must be notarized or signed before two uninvolved witnesses.
(C) If both the owner of the vehicle and the
				driver are suspended under one crash case, a release of either individual is
				deemed a release for both unless the release expressly states
				otherwise.
(D) If evidence is
				received that the owners of the damaged property and/or individuals who have
				sustained personal injury have been paid by their insurance company, the
				release may be signed by an authorized representative of the insurance
				company.
(4) form SR-19
				(Installment Agreement) or other similarly styled document between the parties
				which must be:
(A) executed by the uninsured
				party,
(B) accepted by all parties
				who sustained damage in the crash,
(C) signed before a notary or two witnesses,
				and
(D) if evidence is received
				that the owners of the damaged property and/or individuals who have sustained
				personal injury have been paid by their insurance company, the acceptance
				portion of the installment agreement may be signed by an authorized
				representative of the insurance company.
(5) security deposited in accordance with the
				original Notice of Suspension which must be:
(A) in cash, or
(B) by cashier's check or money order payable
				to the Texas Department of Public Safety, or
(C) by a surety bond written by an insurance
				company authorized to execute surety bonds in this state, or
(D) a bankruptcy petition indicating "filed"
				by the court, a final order of bankruptcy or discharge. A reinstatement fee is
				required prior to the renewal or issuance of a license if acceptable compliance
				is not received prior to the effective date of the suspension, unless the
				suspension was cleared due to bankruptcy proceedings.
(E) If a person satisfies a security deposit
				by the methods described in (c)(5)(A) through (c)(5)(C) of this section, the
				security deposit must also be accompanied by a form SR-22 (insurance
				certificate) and form SR-22A (certificate of a 6 month prepaid liability
				insurance policy).