Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS · CHAPTER 524. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE FOR FAILURE TO PASS TEST FOR INTOXICATION
Texas Codes

Tex. Transp. Code § 524.039 (2026)

Appearance Of Technicians At Hearing

✓ current as of May 2026
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Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a) Not later than the fifth day before the date of a scheduled hearing, the person who requested a hearing may apply to the State Office of Administrative Hearings to issue a subpoena for the attendance of the breath test operator who took the specimen of the person's breath to determine alcohol concentration or the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, or both. The State Office of Administrative Hearings shall issue the subpoena only on a showing of good cause.

(b) The department may reschedule a hearing once not less than 48 hours before the hearing if a person subpoenaed under Subsection (a) is unavailable. The department may also reschedule the hearing on showing good cause that a person subpoenaed under Subsection (a) is not available at the time of the hearing.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 3.01, eff. September 1, 2009.

Notes of Decisions
Cited in 3 cases, 1998–2012 · leading case: Texas Dep't of Pub. Saf. v. Walter, 979 S.W.2d 22 (Tex. App. 1998).
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Texas Dep't of Pub. Saf. v. Walter, 979 S.W.2d 22 (Tex. App. 1998). “See Tex. Transp. Code Ann. § 524.039 (a) (Vernon Pamph.”
Phillips v. Texas Dep't of Pub. Saf., 362 S.W.3d 252 (Tex. App. 2012). “See Tex. Transp. Code Ann. § 524.039 (a) (West Supp.”
Texas Dep't of Pub. Saf. v. Jay Alan Dishman (Tex. App. 2009). “" Tex. Transp. Code Ann. § 524.039 (a) (Vernon 2008).”
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