Texas Transportation Code 524.042 – Stay of Suspension On Appeal
(a) A suspension of a driver’s license under this chapter is stayed on the filing of an appeal petition only if:
(1) the person‘s driver’s license has not been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person’s arrest; and
(2) the person has not been convicted during the 10 years preceding the date of the person’s arrest of an offense under:
(A) Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994;
(B) § 19.05(a)(2), Penal Code, as that law existed before September 1, 1994;
(C) § 49.04, 49.045, 49.06, or 49.061, Penal Code;
(D) § 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle or a watercraft; or
(E) § 106.041, Alcoholic Beverage Code.
(b) A stay under this section is effective for not more than 90 days after the date the appeal petition is filed. On the expiration of the stay, the department shall impose the suspension. The department or court may not grant an extension of the stay or an additional stay.
Terms Used In Texas Transportation Code 524.042
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- 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