Texas Laws | Transportation Code Amended by: (31750) Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.0045, eff. September 1, 2005. (31751) Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 11, eff. September 1, 2009. (31752) (a) On receipt of a report under Section 524.011, if the officer did not serve a notice of suspension of driver's license at the time the results of the analysis of a breath or blood specimen were obtained, the department shall determine from the information in the report whether to suspend the person's driver's license. (31754) (b) The department shall suspend the person's driver's license if the department determines that: (31755) (1) 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 (31756) (2) 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. (31757) (c) The department may not suspend a person's driver's license if: (31758) (1) the person is an adult and the analysis of the person's breath or blood specimen determined that the person had an alcohol concentration of a level below that specified by Section 49.01(2)(B), Penal Code, at the time the specimen was taken; or (31759) (2) the person is a minor and the department does not determine that the minor had any detectable amount of alcohol in the minor's system when the minor was arrested. (31760) (d) A determination under this section is final unless a hearing is requested under Section 524.031. (31761) (e) A determination under this section: (31762) (1) is a civil matter; (31763) (2) is independent of and is not an estoppel to any matter in issue in an adjudication of a criminal charge arising from the occurrence that is the basis for the suspension; and (31764) (3) does not preclude litigation of the same or similar facts in a criminal prosecution. (31765) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.102, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 23, eff. Sept. 1, 1997. (31766) Amended by: (31767) Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 12, eff. September 1, 2009. (31768) (a) If the department suspends a person's driver's license, the department shall send a notice of suspension by first class mail to the person's address: (31770) (1) in the records of the department; or (31771) (2) in the peace officer's report if it is different from the address in the department's records. (31772) (b) Notice is considered received on the fifth day after the date the notice is mailed. (31773) (c) If the department determines not to suspend a person's driver's license, the department shall notify the person of that determination and shall rescind any notice of driver's license suspension served on the person. (31774) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1409, Sec. 4, eff. Sept. 1, 1999. (31775) A notice of suspension under Section 524.013 must state: (31777) (1) the reason and statutory grounds for the suspension; (31778) (2) the effective date of the suspension; (31779) (3) the right of the person to a hearing; (31780) (4) how to request a hearing; and (31781) (5) the period in which the person must request a hearing. (31782) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. (31783) (a) Except as provided by Subsection (b), the disposition of a criminal charge does not affect a driver's license suspension under this chapter and does not bar any matter in issue in a driver's license suspension proceeding under this chapter. (31785) (b) A suspension may not be imposed under this chapter on a person who is acquitted of a criminal charge under Section 49.04, 49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage Code, arising from the occurrence that was the basis for the suspension. If a suspension was imposed before the acquittal, the department shall rescind the suspension and shall remove any reference to the suspension from the person's computerized driving record. (31786) Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 24, eff. Sept. 1, 1997. (31787) Amended by: (31788) Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 13, eff. September 1, 2009. (31789) SUBCHAPTER C. SUSPENSION PROVISIONS (31790)(Text)(a) A driver's license suspension under this chapter takes effect on the 40th day after the date the person: (31792)
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