SECTION 159.3. Definitions

In this chapter, the following terms have the meaning indicated:

(1) Adult--An individual twenty-one years of age or older.

(2) ALR suspension--An administrative driver's license disqualification, suspension, or denial under the ALR Program which is the subject of this chapter.

(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) Denial--The non-issuance of a license or permit, and loss of the privilege to obtain a license or permit.

(9) DPS--The Texas Department of Public Safety.

(10) Driver--A person who drives or is in actual physical control of a motor vehicle.

(11) 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.

(12) Intoxicated--Defined in Texas Penal Code §49.01(2).

(13) Minor--An individual under twenty-one years of age.

(14) Operate--To drive or be in actual physical control of a motor vehicle.

(15) 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.

(16) Public place--Defined in Texas Penal Code §1.07, Chapter 1, and Texas Transportation Code §524.001, Chapter 524.

(17) Test--The taking of blood or breath specimens as set out in Texas Transportation Code, Chapters 522, 524 and 724.

(18) The following terms are defined in 1 Texas Administrative Code §155.5 (relating to Definitions): Administrative Law Judge or judge; APA; authorized representative; Chief Judge; party; person; and SOAH.

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