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 524.043

Section 524.043.  Review; Additional Evidence

§ 524.043. REVIEW; ADDITIONAL EVIDENCE. (a) Review on appeal is on the record certified by the State Office of Administrative Hearings with no additional testimony. (b) On appeal, a party may apply to the court to present additional evidence. If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the administrative law judge, the court may order that the additional evidence be taken before an administrative law judge on conditions determined by the court. (c) There is no right to a jury trial in an appeal under this section. (d) An administrative law judge may change a finding or decision as to whether the person had an alcohol concentration of a level specified in Section 49.01, Penal Code, or whether a minor had any detectable amount of alcohol in the minor's system because of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court. (e) A remand under this section does not stay the suspension of a driver's license. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, § 29, eff. Sept. 1, 1997.

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