(a) On receipt of a report under § 522.104, the department shall disqualify the person from driving a commercial motor vehicle under § 522.081 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 and D, Chapter 724, or Chapter 524.

Terms Used In Texas Transportation Code 522.105

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(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.

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