1. (a) In this chapter, the following terms have the meaning indicated:

   1. (1) Administrative Law Judge or Judge--An individual appointed by the Chief Administrative Law Judge of the State Office of Administrative Hearings under the Texas Government Code, Chapter 2003 and Texas Transportation Code, Chapters 524 and 724.
   2. (2) Adult--An individual 21 years of age or older.
   3. (3) ALR Suspension--Pursuant to Texas Transportation Code, Chapters 522, 524 or 724 means an administrative driver's license suspension under the Administrative License Revocation (ALR) Program which is the subject of this chapter.

   4. (4) Alcohol concentration--As defined in Penal Code §49.01(1) means:

      1. (A) the number of grams of alcohol per 100 milliliters of blood;
      2. (B) the number of grams of alcohol per 210 liters of breath; or
      3. (C) the number of grams of alcohol per 67 milliliters of urine.

   5. (5) Alcohol-related or drug-related enforcement contact--As defined in Texas Transportation Code, §524.001(3) means a driver's license suspension, disqualification, or prohibition order under the laws of this state or another state following:

      1. (A) a conviction of an offense prohibiting the operation of a motor vehicle while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance;
      2. (B) a refusal to submit to the taking of a blood or breath specimen following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance; or
      3. (C) an analysis of a blood or breath specimen showing an alcohol concentration of the level specified in §49.01(2) of the Penal Code, following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated.
   6. (6) APA--The Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.
   7. (7) Certified Breath Test Technical Supervisor--A person who has been certified by the department to maintain and direct the operation of a breath test instrument used to analyze breath specimens of persons suspected of driving while intoxicated.

   8. (8) Child--As defined in §51.02 of the Texas Family Code, means a person who is:

      1. (A) 10 years of age or older and under 17 years of age; or
      2. (B) 17 years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.
   9. (9) Commercial Driver's License--As defined in Texas Transportation Code, §522.003(3), means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.

   10. (10) Commercial Motor Vehicle--As defined in Texas Transportation Code, §522.003(5), means a motor vehicle or combination of motor vehicles used to transport passengers or property that:

       1. (A) has a gross combination weight rating of 26,001 or more pounds including a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
       2. (B) has a gross vehicle weight rating of 26,001 or more pounds;
       3. (C) is designed to transport 16 or more passengers, including the driver; or
       4. (D) is transporting hazardous materials and is required to be placarded under 49 CFR Part 172, Subpart F.
   11. (11) Contested Case--A proceeding brought under Texas Transportation Code, Chapter 522, Subchapter I, Chapter 524, Subchapter D, or Chapter 724, Subchapter D.
   12. (12) Conviction--When involving minors, includes an adjudication under Title 3 of the Texas Family Code for conduct constituting an offense under §106.041, Alcoholic Beverage Code or under §§49.04, 49.07, 49.08 of the Penal Code. An order of deferred adjudication received by a minor for an offense alleged under the aforementioned sections is also considered a conviction.
   13. (13) Defendant--One who holds a license as defined in paragraph (20) of this subsection and whose legal rights, duties, statutory entitlement, or privileges may be affected by the outcome of a contested case under this chapter.
   14. (14) Denial--The non-issuance of a license or permit, and loss of the privilege to obtain a license or permit, as defined in paragraph (20) of this subsection.
   15. (15) Department--The Department of Public Safety.
   16. (16) Disqualification--As defined in Texas Transportation Code, §522.003(9), means a withdrawal of the privilege to drive a commercial motor vehicle and includes the suspension, cancellation, or revocation of that privilege as authorized by a state or federal law.
   17. (17) Driver--A person who drives or is in actual physical control of a motor vehicle.
   18. (18) Final Decision--The decision issued by a Judge who hears the contested case and who is authorized under Texas Transportation Code, Chapter 522, Subchapter I, Chapter 524, Subchapter D, or Chapter 724, Subchapter D to issue final decisions in driver's license suspension cases.
   19. (19) Intoxicated--Has the meaning assigned by Penal Code, §49.01(2).
   20. (20) License--A driver's license or other license or permit as provided in Texas Transportation Code, §521.001(a)(6) to operate a motor vehicle issued under, or granted by, the laws of this state.
   21. (21) Minor--An individual under 21 years of age.
   22. (22) Nonresident--A person who is not a resident of this state.
   23. (23) Office--The State Office of Administrative Hearings.
   24. (24) Operate--To drive or be in actual physical control of a motor vehicle.
   25. (25) Peace Officer--As used in Texas Transportation Code, Chapters 522, 524 and 724, means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law. A peace officer may also be referred to as an arresting officer.
   26. (26) Public Place--Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

   27. (27) Test--Pursuant to Texas Transportation Code, Chapter 724, Subchapter B, or Chapter 522, Subchapter I, means the following:

       1. (A) one or more specimens of a person's breath for the purpose of analysis to determine the alcohol concentration; or
       2. (B) one or more specimens of a person's blood for the purpose of analysis to determine the alcohol concentration or the presence in his body of a controlled substance, drug, dangerous drug or other substance; or
       3. (C) one or more specimens of a person's urine for the purpose of analysis to determine the alcohol concentration or the presence in his body of a controlled substance, drug, dangerous drug or other substance.

2. (b) The following terms have the meaning set out in this section.

   1. (1) Authorized representative--An attorney authorized to practice law in the State of Texas or, where permitted by applicable law, a person designated by a party to represent the party;
   2. (2) Chief Judge--The Chief Administrative Law Judge of the Office.
   3. (3) Law--State and federal statutes, regulations, and relevant case law.
   4. (4) Party--A person or agency named, or admitted to participate, in a case before the Office.
   5. (5) Person--Any individual, representative, corporation or other entity, including any public or nonprofit corporation, or any agency or instrumentality of federal, state, or local government.

Source Note:The provisions of this §159.3 adopted to be effective December 30, 1994, 19 TexReg 10221; amended to be effective September 15, 1997, 22 TexReg 8943.