37 Tex. Admin. Code § 17.2 - Definitions

Current through Reg. 47, No. 14; April 8, 2022

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.
(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 an offense under Texas Penal Code, § 49.04, § 49.06, § 49.07, or § 49.08, or Alcoholic Beverage Code, § 106.041, or any other 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) Driver--Has the meaning assigned in Texas Transportation Code, Chapter 521.
(24) Driver's license--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) 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.
(28) 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.
(29) Minor--An individual under 21 years of age.
(30) Nonresident--Has the meaning assigned in Texas Transportation Code, Chapter 521.
(31) Peace Officer--Has the meaning assigned in Texas Penal Code, § 1.07(a).
(32) 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.
(33) Person--Refers to the following: an individual arrested for a violation of Texas Penal Code, § 49.04, § 49.06, § 49.07, or § 49.08; 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 Texas Penal Code, § 49.04, § 49.07, or § 49.08.
(34) Public place--Has the meaning assigned in Texas Transportation Code, Chapter 524.
(35) Refusal--Refers to a refusal to submit a specimen under the provisions of Texas Transportation Code, Chapter 522 or Chapter 724.
(36) Revocation of driver's license--Has the meaning assigned in Texas Transportation Code, Chapter 521.
(37) Suspension of driver's license--Has the meaning assigned in Texas Transportation Code, Chapter 521.
(38) 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 § 19.6 of this title (relating to Technical Supervisor Certification).
(39) Temporary driving permit--Refers to the authorization to operate a motor vehicle issued pursuant to Texas Transportation Code, § 524.011(b)(3) or § 724.032(a)(3). The temporary driving permit is incorporated in the notice of suspension (Form DIC-25) and notice of disqualification (Form DIC-57).
(40) Test record or breath alcohol test record--Means the record of a breath alcohol test generated by a breath test instrument.
(41) Watercraft--means powered with an engine having a manufacturer's rating of 50 horsepower or above.

Notes

37 Tex. Admin. Code § 17.2
The provisions of this §17.2 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective March 11, 2008, 33 TexReg 2042

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