1. (a) The judge may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and papers.

2. (b) The judge at the hearing shall determine:

   1. (1) whether there is a reasonable probability that a judgment will be rendered against the person requesting the hearing as a result of the collision; and
   2. (2) if there is a reasonable probability that a judgment will be rendered, the amount of security sufficient to satisfy any judgment for damages resulting from the collision.
3. (c) The amount of security under Subsection (b)(2) may not be less than the amount specified as a minimum by Section 601.154.
4. (d) The judge shall report the judge's determination to the department.
5. (e) The judge may receive a fee to be paid from the general revenue fund of the county for holding a hearing under this subchapter. The fee must be approved by the commissioners court of the county and may not be more than $5 for each hearing.

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

Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 77, eff. September 1, 2023.