Texas Laws: Transportation Code

Chapter 524  Administrative Suspension of Driver's License For Failure To Pass Test For Intoxication

Subchapter D  Hearing and Appeal

Texas Laws > Transportation Code > Chapter 524 > Section 524.039

Section 524.039.  Appearance of Technicians At Hearing

§ 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a) Notwithstanding Section 524.038, if not later than the fifth day before the date of a scheduled hearing the department receives from the person who requested a hearing written notice, including a facsimile transmission, requesting the presence at the hearing of the breath test operator who took the specimen of the person's breath to determine alcohol concentration or the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, or both, each requested person must appear at the hearing. (b) The department may reschedule a hearing once not less than 48 hours before the hearing if the person requested to attend under Subsection (a) is unavailable. The department may also reschedule the hearing on showing good cause that the person requested under Subsection (a) is not available at the time of the hearing. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

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