Tex. Codes » Transportation Code · TITLE 7. VEHICLES AND TRAFFIC · SUBTITLE J. MISCELLANEOUS PROVISIONS · CHAPTER 724. IMPLIED CONSENT
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Tex. Transp. Code § 724.041 (2026)

Hearing On Suspension Or Denial

✓ laws through the 89th Legislature (2025)
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Sec. 724.041. HEARING ON SUSPENSION OR DENIAL. (a) If, not later than the 15th day after the date on which the person receives notice of suspension or denial under Section 724.032(a) or is considered to have received notice under Section 724.033, the department receives at its headquarters in Austin, in writing, including a facsimile transmission, or by another manner prescribed by the department, a request that a hearing be held, the State Office of Administrative Hearings shall hold a hearing.

(b) A hearing shall be held not earlier than the 11th day after the date the person is notified, unless the parties agree to waive this requirement, but before the effective date of the notice of suspension or denial.

(c) A request for a hearing stays the suspension or denial until the date of the final decision of the administrative law judge.

(d) A hearing shall be held by an administrative law judge employed by the State Office of Administrative Hearings.

(e) A hearing shall be held:

(1) at a location designated by the State Office of Administrative Hearings:

(A) in the county of arrest if the county has a population of 300,000 or more; or

(B) in the county in which the person was alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county of arrest if the population of the county of arrest is less than 300,000; or

(2) with the consent of the person requesting the hearing and the department, by telephone conference call.

(f) The State Office of Administrative Hearings shall provide for the stenographic or electronic recording of a hearing under this subchapter.

(g) An administrative hearing under this section is governed by Sections 524.032(b) and (c), 524.035(e), 524.037(a), and 524.040.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.164, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, Sec. 11, eff. Sept. 1, 2001.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 766 (H.B. 4528), Sec. 5, eff. September 1, 2023.

Notes of Decisions
Cited in 40 cases (2 in the last 5 years), 1997–2023 · leading case: Texas Dep't of Pub. Saf. v. Mendoza, 956 S.W.2d 808 (Tex. App.—Houston [14th Dist.] 1997).
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Texas Dep't of Pub. Saf. v. Mendoza, 956 S.W.2d 808 (Tex. App.—Houston [14th Dist.] 1997). · cites it 3× “2d at 310 ; see also Tex. TRANSP. Code ANN. § 724.041 (Vernon Pamph.”
Texas Dep't of Pub. Saf. v. Story, 115 S.W.3d 588 (Tex. App.—Waco 2003). · cites it 2× “Laws 1025 , 1824 (amended 1997) (current version at Tex. Transp. Code Ann. § 724.035 (a)(1) (Vernon Supp.”
Texas Dep't of Pub. Saf. v. Alford, 154 S.W.3d 133 (Tex. App.—Waco 2005). · cites it 2× “Tex. Transp. Code Ann. § 724.041 (a), (d) (Vernon Supp.”
Texas Dep't of Pub. Saf. v. Stanley, 982 S.W.2d 36 (Tex. App.—Houston [1st Dist.] 1998). · cites it 3× “See Tex. Transp. Code Ann. § 724.041 (a) (Vernon Pamph.”
Balkum v. Texas Dep't of Pub. Saf., 33 S.W.3d 263 (Tex. App.—El Paso 2000). · cites it 2× “See Tex.Transp.Code Ann. § 724.041 (providing for hearing, upon request, by administrative law judge employed by SOAH).”
Dep't of Pub. Saf. v. Hirschman, 169 S.W.3d 331 (Tex. App.—Waco 2005). “Tex. TRANSP. Code Ann. § 724.041 (a), (d) (Vernon 1999).”
Texas Dep't of Pub. Saf. v. Varme, 262 S.W.3d 34 (Tex. App.—Houston [1st Dist.] 2008). “See Tex. Transp. Code Ann. §§ 724.001 -.064 (Vernon 1999 & Supp.”
Texas Dep't of Pub. Saf. v. Pucek, 22 S.W.3d 63 (Tex. App.—Corpus Christi 2000). “Tex. Transp. Code Ann. § 724.041 (e) (Vernon 1999).”
Texas Dep't of Pub. Saf. v. Watson, 945 S.W.2d 262 (Tex. App.—Houston [1st Dist.] 1997). “See TexTRANsp. Code Ann. § 724.041 (Vernon Pamph.”
Texas Dep't of Pub. Saf. v. Lavender, 935 S.W.2d 925 (Tex. App.—Waco 1997). “Laws 1025, 1870-71 (current version at TexTransp.Code Ann. § 724.041 (Vernon Pamph.”
Texas Dep't of Pub. Saf. v. Norrell, 968 S.W.2d 16 (Tex. App.—Corpus Christi 1998). “Tex. Transp. Code Ann. § 724.041 (Vernon Pamph.”
Texas Dep't of Pub. Saf. v. Duggin, 962 S.W.2d 76 (Tex. App.—Houston [1st Dist.] 1997). “Duggin requested an administrative hearing before an administrative law judge (the AL judge), as provided by Tex. TRANSP. Code § 724.041. The AL judge approved the suspension of Duggin’s license and Duggin appealed to the Brazoria county court, as provided by Tex.”
Show all 40 citing cases →
Tex. Transp. Code § 724.041(a): 4 cases
Texas Dep't of Pub. Saf. v. Alford, 154 S.W.3d 133 (Tex. App.—Waco 2005). “Tex. Transp. Code Ann. § 724.041 (a), (d) (Vernon Supp.”
Texas Dep't of Pub. Saf. v. Amir Turcios, No. 13-14-00332-CV (Tex. App.—Corpus Christi June 9, 2016).
Texas Dep't of Pub. Saf. v. Richard Diaz, No. 06-21-00086-CV (Tex. App.—Texarkana May 16, 2022).
Texas Dep't of Pub. Saf. v. Ward, 225 S.W.3d 55 (Tex. App.—El Paso 2005).
Tex. Transp. Code § 724.041(b): 4 cases
Texas Dep't of Pub. Saf. v. Stanley, 982 S.W.2d 36 (Tex. App.—Houston [1st Dist.] 1998). “See Tex. Transp. Code Ann. § 724.041 (a) (Vernon Pamph.”
Balkum v. Texas Dep't of Pub. Saf., 33 S.W.3d 263 (Tex. App.—El Paso 2000). “See Tex.Transp.Code Ann. § 724.041 (providing for hearing, upon request, by administrative law judge employed by SOAH).”
Texas Dep't of Pub. Saf. v. Sweeny, 97 S.W.3d 597 (Tex. App.—Houston [14th Dist.] 2002).
Texas Dep't of Pub. Saf. v. Ward, 225 S.W.3d 55 (Tex. App.—El Paso 2005).
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