In this chapter, the following terms have the meaning indicated:
(1) Adult--An individual twenty-one years of age or
older.
(2) ALR proceeding--A civil administrative proceeding
under Texas Transportation Code, Chapters 522, 524 and/or 724 and
this chapter relating to a driver's license disqualification, suspension,
or denial resulting from an arrest for an offense relating to the
operation of a motor vehicle or watercraft while intoxicated or under
the influence of alcohol or controlled substances.
(3) Alcohol concentration--Defined in Texas Penal Code §49.01.
(4) Alcohol-related or drug-related enforcement contact--Defined
in Texas Transportation Code §524.001.
(5) Certified breath test technical supervisor--A person
who has been certified by DPS to maintain and direct the operation
of a breath test instrument used to analyze breath specimens of persons
suspected of driving while intoxicated.
(6) Contested case--A proceeding brought under Texas
Transportation Code, Chapter 522, Subchapter I; Chapter 524, Subchapter
D; or Chapter 724, Subchapter D.
(7) Defendant--One who holds a license as defined in
Texas Transportation Code, Chapter 521, or an unlicensed driver, whose
legal rights, duties, statutory entitlement, or privileges may be
affected by the outcome of a contested case under this chapter.
(8) Defense counsel--An attorney who is authorized
to participate in an ALR proceeding as a current, former, or prospective
representative of a Defendant. Defense counsel does not include a
non-attorney representative or an attorney who is not authorized to
practice law in Texas and has not obtained permission to appear pursuant
to 1 Texas Administrative Code §155.201(c).
(9) Denial--The non-issuance of a license or permit,
and loss of the privilege to obtain a license or permit.
(10) DPS or the Department--The Texas Department of
Public Safety.
(11) Driver--A person who drives or is in actual physical
control of a motor vehicle.
(12) Efile Texas or eFile Texas--An electronic filing
service provider approved by the Texas Supreme Court for use in electronically
filing and serving documents in cases at SOAH and in judicial courts
of record, available at http://www.efiletexas.gov. In these rules,
the terms "eFile Texas," "electronic filing service provider," and
"electronic filing manager" may be used interchangeably, although
they may be assigned more specific meaning as appropriate in a given
context.
(13) Electronic filing or filed electronically--The
electronic transmission of documents filed in an ALR proceeding by
uploading the documents to the case docket using eFile Texas or another
electronic filing service provider approved by the Texas Supreme Court.
In these rules, the term "electronic filing" may also include the
submission of digital audio and video evidence in the manner specified
on SOAH's website, but does not include the submission of filings
by email, facsimile transmission, or unapproved file sharing platforms.
(14) Electronic Filing Service Provider or Electronic
Filing Manager--An online web portal service offered by an independent
third-party provider and approved by the Texas Supreme Court for use
in electronically filing documents at SOAH and judicial courts of
record, and that acts as the intermediary between the filer and eFileTexas.
(15) Electronic signature or signed electronically--An
electronic version of a person's signature that is the legal equivalent
of the person's handwritten signature. Electronic signature formats
include:
(A) an "/s/" and the person's name typed in the space
where the signature would otherwise appear;
(B) an electronic graphical image or scanned image
of the signature; or
(C) a "digital signature" based on accepted public
key infrastructure technology that guarantees the signer's identity
and data integrity.
(16) Electronic service or served electronically--The
electronic transmission and delivery of documents to a party or a
party's authorized representative by means of an electronic filing
service provider.
(17) Filed--The receipt and acceptance for filing by
the SOAH Chief Clerk's office.
(18) Final decision--The decision issued by a judge
who hears the contested case or another judge who reviewed the record
in its entirety and who is authorized under appropriate law to issue
final decisions in an ALR case.
(19) Intoxicated--Defined in Texas Penal Code §49.01(2).
(20) Minor--An individual under twenty-one years of
age.
(21) Operate--To drive or be in actual physical control
of a motor vehicle.
(22) Peace officer--A person elected, employed, or
appointed as a peace officer under Texas Criminal Procedure Code §2.12
or other law. A peace officer may also be referred to as an arresting
officer.
(23) Public place--Defined in Texas Penal Code §1.07,
Chapter 1, and Texas Transportation Code §524.001, Chapter 524.
(24) Research Texas or re:SearchTX--An online repository
of court case records in Texas, including records filed in ALR proceedings
at SOAH, available at http://research.txcourts.gov.
(25) Test--The taking of blood or breath specimens
as set out in Texas Transportation Code, Chapters 522, 524 and 724.
(26) Videoconference--Technology that provides for
a conference of individuals in different locations, connected by electronic
means through audio and video signals transmitted over the Internet,
where all participants have an opportunity to communicate and participate
in the conference.
(27) The following terms are defined in 1 Texas Administrative
Code §155.5 (relating to Definitions): Administrative Law Judge
or judge; APA; authorized representative; business day; confidential
information; Chief Judge; discovery; evidence; exhibits; ex parte
communication; party; person; personal identifying information; TRCP;
and SOAH.
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| Source Note: The provisions of this §159.3 adopted to be effective January 20, 2009, 34 TexReg 329; amended to be effective January 1, 2017, 41 TexReg 9459; amended to be effective August 4, 2024, 49 TexReg 5758 |
