1. (a) Violation report; suspension of license. If any peace officer believes that grounds for suspension exist, the officer shall prepare an affidavit on a form provided by the department stating the reason for the suspension of the license. The officer shall send the department all of the information available to the officer at the time of the preparation of the violation report. The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared. The officer shall send a copy of the form and the attachments to the license holder.

2. (b) Notice of suspension; grounds. The department shall give written notice to each license holder of any suspension of that license. A license may be suspended under this section if the license holder:

   1. (1) is charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code, §42.01, or of a felony under an information or indictment;
   2. (2) fails to display a license as required by the Act;
   3. (3) fails to notify the department of a change of address or name as required by the Act;
   4. (4) carries a concealed handgun under the authority of the Act of a different category than the license holder is licensed to carry; or
   5. (5) fails to return a previously issued license after such license has been modified as required by the Act.
3. (c) Surrender of license. If the license holder has not surrendered the license or the license was not seized as evidence, the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder received the notice of suspension from the department unless the license holder requests a hearing from the department.
4. (d) Hearing request. The license holder may request that the justice court in the justice court precinct in which the license holder resides review the suspension as provided by §6.32 of this title (relating to Request for Hearing; Administrative Review of Denial). If a suspension hearing is held and the court order is ordered by the justice court, the license holder shall surrender the license on the date an order of suspension has been entered by the justice court. If the license holder does not petition the justice court, the suspension takes effect on the 30th day after receipt of written notice.
5. (e) Procedure. Suspension hearings shall be conducted in the same manner as hearings on denial.

6. (f) Length of suspension. A license may be suspended under this section:

   1. (1) for 30 days, if the person's license is subject to suspension for failing to notify the department of a change of address or name, for carrying a concealed handgun of a different category than the license holder is licensed to carry, or for failing to return a previously issued license after the license is modified;
   2. (2) for 90 days, if the person's license is subject to suspension for failing to display the license as required under the Act;
   3. (3) for not less than one year and not more than three years if the person's license is subject to suspension for any of the above reasons and the person's license has been previously suspended for the same reason; or
   4. (4) until dismissal of the charges, if the person's license is subject to suspension because the license holder is charged with the commission of a Class A or Class B misdemeanor or an offense under Texas Penal Code §42.01 or of a felony under an information or indictment.
7. (g) A license holder whose license expires during a suspension period may renew the license; however, the renewed license will not be issued by the department until the expiration of the suspension period.

Source Note:The provisions of this §6.61 adopted to be effective January 8, 1996, 20 TexReg 11128; amended to be effective August 19, 1999, 24 TexReg 6308.