Section 159.3 - DefinitionsIn this chapter, the following terms have the meaning indicated:
(1) Adult--An individual twenty-one years of age or older.(2) ALR proceeding--A civil administrative proceeding under Texas Transportation Code, Chapters 522, 524 and/or 724 and this chapter relating to a driver's license disqualification, suspension, or denial resulting from an arrest for an offense relating to the operation of a motor vehicle or watercraft while intoxicated or under the influence of alcohol or controlled substances.(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) Defense counsel--An attorney who is authorized to participate in an ALR proceeding as a current, former, or prospective representative of a Defendant. Defense counsel does not include a non-attorney representative or an attorney who is not authorized to practice law in Texas and has not obtained permission to appear pursuant to 1 Texas Administrative Code § 155.201(c).(9) Denial--The non-issuance of a license or permit, and loss of the privilege to obtain a license or permit.(10) DPS or the Department--The Texas Department of Public Safety.(11) Driver--A person who drives or is in actual physical control of a motor vehicle.(12) Efile Texas or eFile Texas--An electronic filing service provider approved by the Texas Supreme Court for use in electronically filing and serving documents in cases at SOAH and in judicial courts of record, available at http://www.efiletexas.gov. In these rules, the terms "eFile Texas," "electronic filing service provider," and "electronic filing manager" may be used interchangeably, although they may be assigned more specific meaning as appropriate in a given context.(13) Electronic filing or filed electronically--The electronic transmission of documents filed in an ALR proceeding by uploading the documents to the case docket using eFile Texas or another electronic filing service provider approved by the Texas Supreme Court. In these rules, the term "electronic filing" may also include the submission of digital audio and video evidence in the manner specified on SOAH's website, but does not include the submission of filings by email, facsimile transmission, or unapproved file sharing platforms.(14) Electronic Filing Service Provider or Electronic Filing Manager--An online web portal service offered by an independent third-party provider and approved by the Texas Supreme Court for use in electronically filing documents at SOAH and judicial courts of record, and that acts as the intermediary between the filer and eFileTexas.(15) Electronic signature or signed electronically--An electronic version of a person's signature that is the legal equivalent of the person's handwritten signature. Electronic signature formats include:(A) an "/s/" and the person's name typed in the space where the signature would otherwise appear;(B) an electronic graphical image or scanned image of the signature; or(C) a "digital signature" based on accepted public key infrastructure technology that guarantees the signer's identity and data integrity.(16) Electronic service or served electronically--The electronic transmission and delivery of documents to a party or a party's authorized representative by means of an electronic filing service provider.(17) Filed--The receipt and acceptance for filing by the SOAH Chief Clerk's office.(18) 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.(19) Intoxicated--Defined in Texas Penal Code § 49.01(2).(20) Minor--An individual under twenty-one years of age.(21) Operate--To drive or be in actual physical control of a motor vehicle.(22) 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.(23) Public place--Defined in Texas Penal Code § 1.07, Chapter 1, and Texas Transportation Code § 524.001, Chapter 524.(24) Research Texas or re:SearchTX--An online repository of court case records in Texas, including records filed in ALR proceedings at SOAH, available at http://research.txcourts.gov.(25) Test--The taking of blood or breath specimens as set out in Texas Transportation Code, Chapters 522, 524 and 724.(26) Videoconference--Technology that provides for a conference of individuals in different locations, connected by electronic means through audio and video signals transmitted over the Internet, where all participants have an opportunity to communicate and participate in the conference.(27) The following terms are defined in 1 Texas Administrative Code § 155.5(relating to Definitions): Administrative Law Judge or judge; APA; authorized representative; business day; confidential information; Chief Judge; discovery; evidence; exhibits; ex parte communication; party; person; personal identifying information; TRCP; and SOAH.1 Tex. Admin. Code § 159.3
The provisions of this §159.3 adopted to be effective January 20, 2009, 34 TexReg 329; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9460, eff. 1/1/2017; Amended by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5759, eff. 8/4/2024