Texas § TN.524.035 - HEARING
Full text of Texas The Texas Constitution § TN.524.035 — HEARING, with citation guidance and answers to common questions.
§ TN.524.035. HEARING
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) reinstate the person's driver's license; and (2) 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. Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528 ), Sec. 3, eff. September 1, 2023.
Frequently Asked Questions About Texas § TN.524.035
What does The Texas Constitution § TN.524.035 cover?
Section TN.524.035 ("HEARING") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § TN.524.035?
A common citation format is "The Texas Constitution § TN.524.035" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § TN.524.035 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.