1. (a) A suspension order will be issued unless the accident reports and evidence show financial responsibility on the part of the operator of the motor vehicle or the operator comes within the exceptions provided by the Act. An order of suspension has an effective date 21 days from the date of mailing.
2. (b) A reasonable probability of a judgment means it is obvious that a case can be made for a judgment against a person involved in the accident, based on the existing evidence in a motor vehicle accident.
3. (c) Action will be taken against the owner of a motor vehicle only when the injured or damaged party submits evidence acceptable to the department that raises a probability of a judgment for negligence.
4. (d) When a motor vehicle involved in an accident is uninsured, no action will be taken on behalf of passengers against the operator of the vehicle in which the passengers were riding unless acceptable documentary evidence is received by the department.

5. (e) The security deposit required under the Act shall be a deposit:

   1. (1) in cash; or
   2. (2) by certified or cashier's check or money order payable to the Texas Department of Public Safety; or
   3. (3) by a surety bond written by an insurance company duly authorized to execute surety bonds in this state.
6. (f) A joint deposit of security may be made when the owner and operator are separate persons and each one is required to deposit security. The owner or operator making the deposit shall stipulate in writing that such deposit is on behalf of both persons required to deposit the security. The receipt of such joint deposit, stipulation, and deposit will be an acceptable showing of financial responsibility for both the operator and the owner. Only the person making the deposit will have shown financial responsibility when no joint deposit or stipulation is on file. The same rules apply when a surety bonding company stipulates coverage for both owner and operator.
7. (g) Each depositor of security and each person for whom security is deposited are required to sign application form SR-14 or SR-14A to obtain a return of such security.
8. (h) Each depositor of security providing proof of insurance in the form of a SR-22 must also file form SR-22A. The SR-22A is acceptable as proof the SR-22 form has been issued for an insurance policy that has a period of at least six months and for which the premiums have been paid in full.
9. (i) Security deposited with the department as a result of an accident will be released to the injured or damaged party upon receipt of a notice of unsatisfied judgment and a SR-61 form. Security released will be in the amount of the judgment; however, if the amount of the security on file does not satisfy the judgment, the driving and operating privileges of the negligent party will be suspended under the judgment provisions of the law.
10. (j) An injured or damaged party who has obtained a judgment and requests the department to release a surety bond obtained as a result of an accident will be directed to the company issuing the bond. If funds under the surety bond are not released or the funds fail to satisfy the judgment, the driving and operating privileges of the negligent party will be suspended under the judgment provisions of the law.
11. (k) Security deposited with the department as a result of an accident will be released to the injured or damaged party upon receipt of a notarized release signed by the damaged or injured party.

Source Note:The provisions of this §25.3 adopted to be effective January 1, 1976; amended to be effective May 9, 1999, 24 TexReg 3538.