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.

Section:  Previous  524.036  524.037  524.038  524.039  524.040  524.041  524.042  524.043  524.044  524.051  525.001  541.001  541.002  541.101  541.102  Next