Tex.
Transp. Code Section 522.105
Disqualification of Driver
(a)
On receipt of a report under Section 522.104 (Submission of Report to Department), the department shall disqualify the person from driving a commercial motor vehicle under Section 522.081 (Disqualification) beginning on the 45th day after the date the report is received unless a hearing is granted.(b)
Except as provided by Subsection (c), the procedure for notice and disqualification under this section is that specified by Subchapters C (Suspension Effective Date) and D, Chapter 724 (Implied Consent), or Chapter 524 (Administrative Suspension of Driver’s License for Failure to Pass Test for Intoxication).(c)
The department shall disqualify the person from driving a commercial motor vehicle for the period authorized by this chapter if, in a hearing held under this section, the court finds that:(1)
probable cause existed that the person was driving a commercial motor vehicle while having alcohol, a controlled substance, or a drug in the person’s system;(2)
the person was offered an opportunity to give a specimen under this chapter; and(3)
the person submitted a specimen that disclosed an alcohol concentration of 0.04 or more or refused to submit a specimen.(d)
An appeal of a disqualification under this section is subject to Sections 524.041-524.044.
Source:
Section 522.105 — Disqualification of Driver, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.522.htm#522.105
(accessed Jun. 5, 2024).