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Texas Transportation Code - TRANSP § 521.319. Revocation for Medical Reasons

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A person may not operate a motor vehicle if the person:

(1) is a chemically dependent person who:

(A) is likely to cause serious harm to the person or to others;  or

(B) will, if not treated, continue to suffer abnormal mental, emotional, or physical distress, or to deteriorate in ability to function independently;  or

(2) has been determined by a judgment of a court to be totally incapacitated or incapacitated to act as the operator of a motor vehicle.

(b) The driver's license of a person is revoked on:

(1) the judgment of a court that the person is totally incapacitated or incapacitated to act as the operator of a motor vehicle;  or

(2) the order of a court of involuntary treatment of the person under Subchapter D   1, Chapter 462, Health and Safety Code.

(c) If the person has not been issued a driver's license, the judgment or order of a court under Subsection (b) automatically prohibits the department from issuing a driver's license to the person.

(d) The clerk of the court that renders a judgment or enters an order under Subsection (b) shall notify the department of the court's judgment or order before the 10th day after the date the court renders the judgment or enters the order.

(e) The revocation of a driver's license under Subsection (b) or the prohibition against the issuance of a driver's license under Subsection (c) expires on the date on which:

(1) the person is:

(A) restored to capacity by judicial decree;  or

(B) released from a hospital for the mentally incapacitated on a certificate of the superintendent or administrator that the person has regained capacity;  or

(2) the order of involuntary treatment of the chemically dependent person expires.

(f) Before the 10th day after the date under Subsection (e)(1)(A) or (2), the clerk of the appropriate court shall notify the department that:

(1) the person has been restored to capacity by judicial decree;  or

(2) the order of involuntary treatment has expired or has been terminated under Section 462.080(d), Health and Safety Code.

(g) Before the 10th day after the date under Subsection (e)(1)(B), the superintendent or administrator of the hospital shall notify the department that the person has been released from the hospital on a certificate that the person has regained capacity.

(h) In this section:

(1) “Chemically dependent person” means a person with chemical dependency.

(2) “Chemical dependency” and “treatment” have the meanings assigned by Section 462.001, Health and Safety Code.

1  V.T.C.A., Health & Safety Code § 462.061 et seq.
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Cite this article: FindLaw.com - Texas Transportation Code - TRANSP § 521.319. Revocation for Medical Reasons - last updated January 01, 2024 | https://codes.findlaw.com/tx/transportation-code/transp-sect-521-319/

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