1-1 AN ACT
1-2 relating to the appeal of a driver's license or vehicle
1-3 registration suspension, cancellation, or revocation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.302, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 521.302. Appeal; Judicial Review. (a) A person whose
1-8 driver's license has been suspended under this subchapter, whose
1-9 license suspension has been probated under Section 521.303, or who
1-10 is denied a license or whose driver's license has been canceled or
1-11 revoked by the department may appeal the action unless the
1-12 suspension, cancellation, or revocation is automatic under this
1-13 chapter or Chapter 522.
1-14 (b) To appeal the action, the person must file a petition,
1-15 not later than the 30th day after the date the administrative
1-16 ruling is final, in the county court at law of the county in which
1-17 the person resides or, if there is no county court at law, in the
1-18 county court. A person who files an appeal under this section
1-19 shall send a file-stamped copy of the petition by certified mail to
1-20 the department at the agency's headquarters in Austin. The copy
1-21 must be certified by the clerk of the court in which the petition
1-22 is filed. [To appeal the action, the person must file a petition
1-23 not later than the 30th day after the date on which the department
1-24 order was entered in the county court at law of the county in which
2-1 the person resides, or, if there is no county court at law, in the
2-2 county court. The person must send a copy of the petition,
2-3 certified by the clerk of the court in which the petition is filed,
2-4 to the department by certified mail.]
2-5 (c) The court shall notify the department of the hearing not
2-6 later than the 31st day before the date the court sets for the
2-7 hearing.
2-8 (d) The court shall take testimony, examine the facts of the
2-9 case, and determine whether the petitioner is entitled to a license
2-10 or is subject to the cancellation, denial, suspension, [or]
2-11 revocation, or probated suspension of a license under this chapter.
2-12 (e) A trial on appeal is a trial de novo[, and the license
2-13 holder has the right to trial by jury].
2-14 (f) The filing of a petition of appeal as provided by this
2-15 section stays an order of cancellation, suspension, probated
2-16 suspension, or revocation. A stay under this section is effective
2-17 for not more than 90 days after the date the appeal petition was
2-18 filed. On the expiration of the stay, the department shall impose
2-19 the cancellation, suspension, probated suspension, or revocation.
2-20 The department or court may not grant an extension of the stay or
2-21 an additional stay. [The filing of a petition of appeal as
2-22 provided by this section stays an order of cancellation,
2-23 suspension, probated suspension, or revocation until the trial is
2-24 completed and final judgment is rendered.]
2-25 SECTION 2. Section 601.158, Transportation Code, is amended
2-26 to read as follows:
2-27 Sec. 601.158. APPEAL. (a) If, after a hearing under this
3-1 subchapter, the judge determines that there is a reasonable
3-2 probability that a judgment will be rendered against the person
3-3 requesting the hearing as a result of the accident, the person may
3-4 appeal the determination.
3-5 (b) To appeal the action, the person must file a petition
3-6 not later than the 30th day after the date of the administrative
3-7 ruling in the county court at law of the county in which the person
3-8 resides or, if there is no county court at law, in the county
3-9 court. A person who files an appeal under this section shall send
3-10 a file-stamped copy of the petition by certified mail to the
3-11 department at the agency's headquarters in Austin. The copy must
3-12 be certified by the clerk of the court in which the petition is
3-13 filed.
3-14 (c) The filing of a petition of appeal as provided by this
3-15 section stays an order of suspension. A stay under this section is
3-16 effective for not more than 90 days after the date the appeal
3-17 petition was filed. On the expiration of the stay, the department
3-18 shall impose the suspension. The department or court may not grant
3-19 an extension of the stay or an additional stay.
3-20 (d) A trial on appeal is a trial de novo. [An appeal under
3-21 this section is by trial de novo to the county court of the county
3-22 in which the hearing was held.]
3-23 SECTION 3. Section 601.401, Transportation Code, is amended
3-24 to read as follows:
3-25 Sec. 601.401. DEPARTMENT ACTS SUBJECT TO REVIEW. (a) An
3-26 act of the department under this chapter may be appealed, unless an
3-27 order of suspension by the department is based on an existing
4-1 unsatisfied final judgment that is rendered against a person by a
4-2 court in this state and that arises out of the use of a motor
4-3 vehicle in this state or the suspension is automatic under Section
4-4 601.231(a).
4-5 (b) To appeal the action, the person must file a petition
4-6 not later than the 30th day after the date of the departmental
4-7 action in the county court at law of the county in which the person
4-8 resides or, if there is no county court at law, in the county
4-9 court. A person who files an appeal under this section shall send
4-10 a file-stamped copy of the petition by certified mail to the
4-11 department at the agency's headquarters in Austin. The copy must
4-12 be certified by the clerk of the court in which the petition is
4-13 filed.
4-14 (c) The filing of an appeal under this section stays an act
4-15 of the department that is the subject of the appeal. A stay under
4-16 this section is effective for not more than 90 days after the date
4-17 the appeal petition was filed. On expiration of the stay, the
4-18 department shall impose the suspension. The department or court
4-19 may not grant an extension of the stay or an additional stay.
4-20 (d) A trial on appeal is a trial de novo. [An act of the
4-21 department under this chapter may be appealed by a person in
4-22 interest in:]
4-23 [(1) the county court at law in which the person
4-24 resides;]
4-25 [(2) the county court of the county in which the
4-26 person resides, if the county does not have a county court at law;
4-27 or]
5-1 [(3) the district court of the county in which the
5-2 person resides if:]
5-3 [(A) the county does not have a county court at
5-4 law; and]
5-5 [(B) the county court does not have the civil
5-6 jurisdiction provided by general law for a county court.]
5-7 SECTION 4. Sections 601.160, 601.402, 601.403, 601.404,
5-8 601.405, 601.406, 601.407, 601.408, 601.409, and 601.410,
5-9 Transportation Code, are repealed.
5-10 SECTION 5. This Act takes effect September 1, 1999.
5-11 SECTION 6. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3685 was passed by the House on May
4, 1999, by the following vote: Yeas 143, Nays 1, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3685 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor