1. (a) The officer's accident report for the crash will be used by the department to determine eligibility for a memorial sign.
2. (b) If the officer's accident report does not indicate that the driver of one of the vehicles was impaired or that drinking was a factor or condition of the accident, the department will review other governmental records provided by the applicant to determine eligibility for a memorial sign.
3. (c) To be eligible for a sign the officer's accident report must indicate that the crash occurred on the state highway system.
4. (d) A person is not eligible for a memorial sign if the victim was operating a vehicle involved in the crash and the officer's accident report or another submitted governmental document shows that the victim was impaired at the time of the crash.
5. (e) A victim may be memorialized by only one sign, excluding a replacement sign, installed under the Memorial Sign Program for Victims of Impaired Driving. The department will deny an application for a victim that is submitted after an application for the same victim has been approved.

Source Note:The provisions of this §25.953 adopted to be effective December 6, 2007, 32 TexReg 8858.