The department must notify the affected person of a determination, and the notice must explain possible suspension, the 20-day response deadline, and the right to request a hearing.
Sec. 601.155. NOTICE OF DETERMINATION. (a) The department shall notify the affected person of a determination made under Section 601.154 by: (1) personal service; (2) first class mail; or (3) e-mail if the person has provided an e-mail address to the department and has elected to receive notice electronically. (b) The notice must state that: (1) the person's driver's license and vehicle registration or the person's nonresident's operating privilege will be suspended unless the person, not later than the 20th day after the date the notice was personally served or sent, establishes that: (A) this subchapter does not apply to the person, and the person has previously provided this information to the department; or (B) there is no reasonable probability that a judgment will be rendered against the person as a result of the collision; and (2) the person is entitled to a hearing under this subchapter if a written request for a hearing is delivered or mailed to the department not later than the 20th day after the date the notice was personally served or sent. (c) Notice under this section that is mailed by first class mail must be mailed to the person's last known address, as shown by the department's records. (d) For purposes of this section, notice is presumed to be received if the notice was sent to the person's last known address or e-mail address, as shown by the department's records. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1395, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 6, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 76, eff. September 1, 2023.