Texas § 524.042 STAY OF SUSPENSION ON APPEAL.

Texas Statutes

§ 524.042 — STAY OF SUSPENSION ON APPEAL.

Texas § 524.042

Code TNTransportation Code

This text of Texas § 524.042 (STAY OF SUSPENSION ON APPEAL.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Transportation Code Code Ann. § 524.042 (2026).

Text

Sec. 524.042. STAY OF SUSPENSION ON APPEAL.

(a)A suspension of a driver's license under this chapter is stayed on the filing of an appeal petition only if:

(1)the person's driver's license has not been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person's arrest; and

(2)the person has not been convicted during the 10 years preceding the date of the person's arrest of an offense under:

(A)Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994;

(B)Section 19.05 (a)(2), Penal Code, as that law existed before September 1, 1994;

(C)Section 49.04 , 49.045 , 49.06 , or 49.061 , Penal Code;

(D)Section 49.07 or 49.08 , Penal Code, if the offense involved the operation of a motor vehicl

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Sec. 524.042. STAY OF SUSPENSION ON APPEAL. (a) A suspension of a driver's license under this chapter is stayed on the filing of an appeal petition only if:
(1) the person's driver's license has not been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person's arrest; and
(2) the person has not been convicted during the 10 years preceding the date of the person's arrest of an offense under:
(A) Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994;
(B) Section 19.05 (a)(2), Penal Code, as that law existed before September 1, 1994;
(C) Section 49.04 , 49.045 , 49.06 , or 49.061 , Penal Code;
(D) Section 49.07 or 49.08 , Penal Code, if the offense involved the operation of a motor vehicle or a watercraft; or
(E) Section 106.041 , Alcoholic Beverage Code.
(b) A stay under this section is effective for not more than 90 days after the date the appeal petition is filed. On the expiration of the stay, the department shall impose the suspension. The department or court may not grant an extension of the stay or an additional stay.

Legislative History

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 28, eff. Sept. 1, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328 ), Sec. 17, eff. September 1, 2009. Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163 ), Sec. 17, eff. September 1, 2023.