CHAPTER 23. SUSPENSION OF DRIVERS OR RECREATIONAL LICENSE FOR FAILURE TO REIMBURSE DEPARTMENT
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE B. STRUCTURE AND FUNCTIONS OF DEPARTMENT OF HUMAN
SERVICES
CHAPTER 23. SUSPENSION OF DRIVERS OR RECREATIONAL LICENSE FOR
FAILURE TO REIMBURSE DEPARTMENT
Sec. 23.001. DEFINITIONS. In this chapter:
(1) "License" means a license, certificate, registration,
permit, or other authorization that:
(A) is issued by a licensing authority;
(B) is subject before expiration to suspension, revocation,
forfeiture, or termination by an issuing licensing authority; and
(C) a person must obtain to:
(i) operate a motor vehicle; or
(ii) engage in a recreational activity, including hunting and
fishing, for which a license or permit is required.
(2) "Order suspending a license" means an order issued by the
department directing a licensing authority to suspend a license.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In this
chapter, "licensing authority" means:
(1) the Parks and Wildlife Department; and
(2) the Department of Public Safety of the State of Texas.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.003. SUSPENSION OF LICENSE. The department may issue an
order suspending a license as provided by this chapter of a
person who, after notice:
(1) has failed to reimburse the department for an amount in
excess of $250 granted in error to the person under the food
stamp program or the program of financial assistance under
Chapter 31;
(2) has been provided an opportunity to make payments toward the
amount owed under a repayment schedule; and
(3) has failed to comply with the repayment schedule.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.004. INITIATION OF PROCEEDING. (a) The department may
initiate a proceeding to suspend a person's license by filing a
petition with the department's hearings division.
(b) The proceeding shall be conducted by the department's
hearings division. The proceeding is a contested case under
Chapter 2001, Government Code, except that Section 2001.054 does
not apply.
(c) The commissioner or the commissioner's designated
representative shall render a final decision in the proceeding.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.005. CONTENTS OF PETITION. A petition under this
chapter must state that license suspension is authorized under
Section 23.003 and allege:
(1) the name and, if known, social security number of the
person;
(2) the type of license the person is believed to hold and the
name of the licensing authority; and
(3) the amount owed to the department.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.006. NOTICE. (a) On initiating a proceeding under
Section 23.004, the department shall give the person named in the
petition:
(1) notice of the person's right to a hearing before the
hearings division of the department;
(2) notice of the deadline for requesting a hearing; and
(3) a form requesting a hearing.
(b) Notice under this section may be served as in civil cases
generally.
(c) The notice must state that an order suspending a license
shall be rendered on the 60th day after the date of service of
the notice unless by that date:
(1) the person pays the amount owed to the department;
(2) the person presents evidence of a payment history
satisfactory to the department in compliance with a reasonable
repayment schedule; or
(3) the person appears at a hearing before the hearings division
and shows that the request for suspension should be denied or
stayed.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.007. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
request for a hearing and motion to stay suspension must be filed
with the department not later than the 20th day after the date of
service of the notice under Section 23.006.
(b) If a request for a hearing is filed, the hearings division
of the department shall:
(1) promptly schedule a hearing;
(2) notify the person and an appropriate representative of the
department of the date, time, and location of the hearing; and
(3) stay suspension pending the hearing.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.008. ORDER SUSPENDING LICENSE. (a) On making the
findings required by Section 23.003, the department shall render
an order suspending a license.
(b) The department may stay an order suspending a license
conditioned on the person's compliance with a reasonable
repayment schedule that is incorporated in the order. An order
suspending a license with a stay of the suspension may not be
served on the licensing authority unless the stay is revoked as
provided by this chapter.
(c) A final order suspending a license rendered by the
department shall be forwarded to the appropriate licensing
authority.
(d) If the department renders an order suspending a license, the
person may also be ordered not to engage in the licensed
activity.
(e) If the department finds that the petition for suspension
should be denied, the petition shall be dismissed without
prejudice, and an order suspending a license may not be rendered.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.009. DEFAULT ORDER. The department shall consider the
allegations of the petition for suspension to be admitted and
shall render an order suspending a license if the person fails
to:
(1) respond to a notice issued under Section 23.006;
(2) request a hearing; or
(3) appear at a hearing.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
issued by the department under this chapter is a final agency
decision and is subject to review as provided by Chapter 2001,
Government Code.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.011. ACTION BY LICENSING AUTHORITY. (a) On receipt of
a final order suspending a license, the licensing authority shall
immediately determine if the authority has issued a license to
the person named on the order and, if a license has been issued:
(1) record the suspension of the license in the licensing
authority's records;
(2) report the suspension as appropriate; and
(3) demand surrender of the suspended license if required by law
for other cases in which a license is suspended.
(b) A licensing authority shall implement the terms of a final
order suspending a license without additional review or hearing.
The authority may provide notice as appropriate to the license
holder or to others concerned with the license.
(c) A licensing authority may not modify, remand, reverse,
vacate, or stay an order suspending a license issued under this
chapter and may not review, vacate, or reconsider the terms of a
final order suspending a license.
(d) A person who is the subject of a final order suspending a
license is not entitled to a refund for any fee or deposit paid
to the licensing authority.
(e) A person who continues to engage in the licensed activity
after the implementation of the order suspending a license by the
licensing authority is liable for the same civil and criminal
penalties provided for engaging in the licensed activity without
a license or while a license is suspended that apply to any other
license holder of that licensing authority.
(f) A licensing authority is exempt from liability to a license
holder for any act authorized under this chapter performed by the
authority.
(g) Except as provided by this chapter, an order suspending a
license or dismissing a petition for the suspension of a license
does not affect the power of a licensing authority to grant,
deny, suspend, revoke, terminate, or renew a license.
(h) The denial or suspension of a driver's license under this
chapter is governed by this chapter and not by Subtitle B, Title
7, Transportation Code.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.012. MOTION TO REVOKE STAY. (a) The department may
file a motion with the department's hearings division to revoke
the stay of an order suspending a license if the person does not
comply with the terms of a reasonable repayment plan entered into
by the person.
(b) Notice to the person of a motion to revoke stay under this
section may be given by personal service or by mail to the
address provided by the person, if any, in the order suspending a
license. The notice must include a notice of hearing before the
hearings division. The notice must be provided to the person not
less than 10 days before the date of the hearing.
(c) A motion to revoke stay must allege the manner in which the
person failed to comply with the repayment plan.
(d) If the department finds that the person is not in compliance
with the terms of the repayment plan, the department shall revoke
the stay of the order suspending a license and render a final
order suspending a license.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.013. VACATING OR STAYING ORDER SUSPENDING A LICENSE.
(a) The department may render an order vacating or staying an
order suspending a license if the person has paid all amounts
owed to the department or has established a satisfactory payment
record.
(b) The department shall promptly deliver an order vacating or
staying an order suspending a license to the appropriate
licensing authority.
(c) On receipt of an order vacating or staying an order
suspending a license, the licensing authority shall promptly
reinstate and return the affected license to the person if the
person is otherwise qualified for the license.
(d) An order rendered under this section does not affect the
right of the department to any other remedy provided by law,
including the right to seek relief under this chapter. An order
rendered under this section does not affect the power of a
licensing authority to grant, deny, suspend, revoke, terminate,
or renew a license as otherwise provided by law.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.014. FEE BY LICENSING AUTHORITY. A licensing authority
may charge a fee to a person who is the subject of an order
suspending a license in an amount sufficient to recover the
administrative costs incurred by the authority under this
chapter.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND
DEPARTMENT. (a) The department may request from each licensing
authority the name, address, social security number, license
renewal date, and other identifying information for each
individual who holds, applies for, or renews a license issued by
the authority.
(b) A licensing authority shall provide the requested
information in the manner agreed to by the department and the
licensing authority.
(c) The department may enter into a cooperative agreement with a
licensing authority to administer this chapter in a
cost-effective manner.
(d) The department may adopt a reasonable implementation
schedule for the requirements of this section.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.
Sec. 23.016. RULES, FORMS, AND PROCEDURES. The department by
rule shall prescribe forms and procedures for the implementation
of this chapter.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 5.01(a), eff. Sept.
1, 1997.