37 Tex. Admin. Code § 17.2 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Acquittal--A legal
judgment or certification of "not guilty" of a person charged with a crime,
including a judgment following directed verdict, in a court proceeding at which
jeopardy attached.
(2) Address of
record--A person's most recent residence address as shown by the records of the
department in accordance with Texas Transportation Code, Chapter 521 or Chapter
522.
(3) Administrative License
Revocation (ALR)--Refers to the suspension of a driver's license under Texas
Transportation Code, Chapter 524 or Chapter 724, or the disqualification of a
person's privilege to drive a commercial motor vehicle under Texas
Transportation Code, Chapter 522.
(4) Adult--An individual 21 years of age or
older.
(5) Alcohol
concentration--Has the meaning contained in Texas Penal Code, §
49.01.
(6) Alcohol-related or drug-related
enforcement contact--Has the meaning contained in Texas Transportation Code,
Chapter 524.
(7) ALR
contact--Refers to refusal to submit a breath or blood specimen as provided by
Texas Transportation Code, Chapter 724, or refusal to submit a breath, blood or
urine specimen as provided by Texas Transportation Code, Chapter 522; or a
breath or blood test failure as provided by Texas Transportation Code, Chapter
524, or a breath, blood or urine test failure as provided by Texas
Transportation Code, Chapter 522. Also includes the situation where a specimen
test is not requested of a minor, as the presence of alcohol was detected by
other means.
(8) ALR report--A
sworn report of an ALR contact filed by a peace officer and submitted to the
department in accordance with Texas Transportation Code, Chapter 524, or a
written report of an ALR contact submitted to the department in accordance with
Texas Transportation Code, Chapter 724. Also includes a sworn report submitted
by a peace officer in accordance with Texas Transportation Code, Chapter
522.
(9) ALR suspension or ALR
license suspension--A suspension under Texas Transportation Code, Chapter 524
or Chapter 724.
(10) Arresting
officer--Refers to a certified Texas peace officer who arrests a person for any
offense against the laws of the State of Texas.
(11) Breath alcohol test--Has the meaning
assigned in §
19.1 of this title (relating to
Definitions).
(12) Breath test
operator--Refers to the individual who takes a specimen of the person's breath
to determine alcohol concentration.
(13) Child--Has the meaning contained in
Texas Family Code, §
51.02(2).
(14) Commercial driver's license--Has the
meaning assigned by Texas Transportation Code, Chapter 522 and Chapter 16 of
this title (relating to Commercial Driver's License).
(15) Commercial motor vehicle--has the
meaning assigned by Texas Transportation Code, Chapter 522 and Chapter 16 of
this title (relating to Commercial Driver's License).
(16) Criminal complaint--Refers to any
charging instrument, including, but not limited to, a complaint, an
information, an indictment, or a similar sworn document clearly indicating an
intent to proceed with criminal prosecution.
(17) Current address--Refers to the address
given to an arresting officer by an arrested driver at the time of arrest, as
distinguished from the "address of record."
(18) Defendant--Refers to a person who has
received notice of ALR license suspension or disqualification and who has
timely requested a hearing.
(19)
Denial--Refers to the loss of the privilege to obtain a driver's license or
permit.
(20) Department--Has the
meaning assigned in Texas Transportation Code, Chapter 524.
(21) Director--Has the meaning assigned in
Texas Transportation Code, Chapter 524.
(22) Disqualification--Has the meaning
assigned in Texas Transportation Code, Chapter 522.
(23) Drive --Has the meaning assigned in
Texas Transportation Code, Chapter 522.
(24) Driver's license, license, or license to
operate a motor vehicle--Has the meaning assigned in Texas Transportation Code,
Chapter 521. The term also includes a commercial driver's license or a
commercial driver learner's permit issued under Texas Transportation Code,
Chapter 522.
(25) Failure, or
breath, blood or urine test failure--Refers to the analysis of a test specimen
of breath or blood which indicates an alcohol concentration specified in Texas
Penal Code, §
49.01(2)(B),
or where a test specimen of breath, blood or urine is provided pursuant to
Texas Transportation Code, Chapter 522, and the analysis of the specimen
indicates an alcohol concentration of 0.04 or more. Also includes the analysis
of a test specimen provided by a minor that indicates any detectable amount of
alcohol as specified in Texas Transportation Code, §
524.011(a)(2)(B).
(26) Instrument or breath test
instrument--Has the meaning assigned in §
19.1 of this title (relating to
Definitions).
(27) Maintenance
records--Refers to records pertaining to the inspection, maintenance, repair,
and upkeep of the breath test instrument on which the driver's alcohol
concentration was measured. Maintenance records do not have a regulated format
and may be kept in a form as designated by each technical supervisor.
(28) Minor--An individual under 21 years of
age.
(29) Nonresident--Has the
meaning assigned in Texas Transportation Code, Chapter 521.
(30) Peace Officer--Has the meaning assigned
in Texas Penal Code, §
1.07(a).
(31) Peace Officer's sworn report or probable
cause affidavit--A statement in support of a peace officer's belief that a
person committed an offense. This statement shall describe the officer's
reasonable suspicion for making contact with a person and/or the probable cause
to arrest or detain the person. This statement may additionally include any
other grounds known to the officer for believing the person committed the
offense. The peace officer's sworn report or probable cause affidavit is
normally submitted on Form DIC-23, or an approved alternate form.
(32) Person--Refers to the following: an
individual arrested for a violation of an offense listed in Texas
Transportation Code, Chapter 524 or Chapter 724; a minor arrested or detained
for a violation of Texas Alcoholic Beverage Code, §
106.041; or
the operator of a commercial motor vehicle who refused to provide a specimen of
breath, blood or urine when requested to do so by a peace officer, or who
provided a specimen with an alcohol concentration defined in Texas
Transportation Code, Chapter 522, whether or not the operator of the commercial
motor vehicle was arrested for a violation of an offense listed in Texas
Transportation Code, Chapter 524 or Chapter 724.
(33) Public place--Has the meaning assigned
in Texas Transportation Code, Chapter 524.
(34) Refusal--Refers to a refusal to submit a
specimen under the provisions of Texas Transportation Code, Chapter 522 or
Chapter 724.
(35) Revocation of
driver's license--Has the meaning assigned in Texas Transportation Code,
Chapter 521.
(36) Suspension of
driver's license--Has the meaning assigned in Texas Transportation Code,
Chapter 521.
(37) Technical
supervisor or certified breath test technical supervisor--Refers to the person
who is responsible for maintaining and directing the operation of the breath
test instrument used to analyze the specimen of the person's breath, and who
has been certified by the department under the provisions of §
19.4 of this title (relating to
Technical Supervisor Certification).
(38) Test record or breath alcohol test
record--Means the record of a breath alcohol test generated by a breath test
instrument.
(39) Watercraft--means
powered with an engine having a manufacturer's rating of 50 horsepower or
above.
Notes
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