1-1 By: Flores (Senate Sponsor - Lucio) H.B. No. 3685
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appeal of a driver's license or vehicle
1-9 registration suspension, cancellation, or revocation.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 521.302, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 521.302. Appeal; Judicial Review. (a) A person whose
1-14 driver's license has been suspended under this subchapter, whose
1-15 license suspension has been probated under Section 521.303, or who
1-16 is denied a license or whose driver's license has been canceled or
1-17 revoked by the department may appeal the action unless the
1-18 suspension, cancellation, or revocation is automatic under this
1-19 chapter or Chapter 522.
1-20 (b) To appeal the action, the person must file a petition,
1-21 not later than the 30th day after the date the administrative
1-22 ruling is final, in the county court at law of the county in which
1-23 the person resides or, if there is no county court at law, in the
1-24 county court. A person who files an appeal under this section
1-25 shall send a file-stamped copy of the petition by certified mail to
1-26 the department at the agency's headquarters in Austin. The copy
1-27 must be certified by the clerk of the court in which the petition
1-28 is filed. [To appeal the action, the person must file a petition
1-29 not later than the 30th day after the date on which the department
1-30 order was entered in the county court at law of the county in which
1-31 the person resides, or, if there is no county court at law, in the
1-32 county court. The person must send a copy of the petition,
1-33 certified by the clerk of the court in which the petition is filed,
1-34 to the department by certified mail.]
1-35 (c) The court shall notify the department of the hearing not
1-36 later than the 31st day before the date the court sets for the
1-37 hearing.
1-38 (d) The court shall take testimony, examine the facts of the
1-39 case, and determine whether the petitioner is entitled to a license
1-40 or is subject to the cancellation, denial, suspension, [or]
1-41 revocation, or probated suspension of a license under this chapter.
1-42 (e) A trial on appeal is a trial de novo[, and the license
1-43 holder has the right to trial by jury].
1-44 (f) The filing of a petition of appeal as provided by this
1-45 section stays an order of cancellation, suspension, probated
1-46 suspension, or revocation. A stay under this section is effective
1-47 for not more than 90 days after the date the appeal petition was
1-48 filed. On the expiration of the stay, the department shall impose
1-49 the cancellation, suspension, probated suspension, or revocation.
1-50 The department or court may not grant an extension of the stay or
1-51 an additional stay. [The filing of a petition of appeal as
1-52 provided by this section stays an order of cancellation,
1-53 suspension, probated suspension, or revocation until the trial is
1-54 completed and final judgment is rendered.]
1-55 SECTION 2. Section 601.158, Transportation Code, is amended
1-56 to read as follows:
1-57 Sec. 601.158. APPEAL. (a) If, after a hearing under this
1-58 subchapter, the judge determines that there is a reasonable
1-59 probability that a judgment will be rendered against the person
1-60 requesting the hearing as a result of the accident, the person may
1-61 appeal the determination.
1-62 (b) To appeal the action, the person must file a petition
1-63 not later than the 30th day after the date of the administrative
1-64 ruling in the county court at law of the county in which the person
2-1 resides or, if there is no county court at law, in the county
2-2 court. A person who files an appeal under this section shall send
2-3 a file-stamped copy of the petition by certified mail to the
2-4 department at the agency's headquarters in Austin. The copy must
2-5 be certified by the clerk of the court in which the petition is
2-6 filed.
2-7 (c) The filing of a petition of appeal as provided by this
2-8 section stays an order of suspension. A stay under this section is
2-9 effective for not more than 90 days after the date the appeal
2-10 petition was filed. On the expiration of the stay, the department
2-11 shall impose the suspension. The department or court may not grant
2-12 an extension of the stay or an additional stay.
2-13 (d) A trial on appeal is a trial de novo. [An appeal under
2-14 this section is by trial de novo to the county court of the county
2-15 in which the hearing was held.]
2-16 SECTION 3. Section 601.401, Transportation Code, is amended
2-17 to read as follows:
2-18 Sec. 601.401. DEPARTMENT ACTS SUBJECT TO REVIEW. (a) An
2-19 act of the department under this chapter may be appealed, unless an
2-20 order of suspension by the department is based on an existing
2-21 unsatisfied final judgment that is rendered against a person by a
2-22 court in this state and that arises out of the use of a motor
2-23 vehicle in this state or the suspension is automatic under Section
2-24 601.231(a).
2-25 (b) To appeal the action, the person must file a petition
2-26 not later than the 30th day after the date of the departmental
2-27 action in the county court at law of the county in which the person
2-28 resides or, if there is no county court at law, in the county
2-29 court. A person who files an appeal under this section shall send
2-30 a file-stamped copy of the petition by certified mail to the
2-31 department at the agency's headquarters in Austin. The copy must
2-32 be certified by the clerk of the court in which the petition is
2-33 filed.
2-34 (c) The filing of an appeal under this section stays an act
2-35 of the department that is the subject of the appeal. A stay under
2-36 this section is effective for not more than 90 days after the date
2-37 the appeal petition was filed. On expiration of the stay, the
2-38 department shall impose the suspension. The department or court
2-39 may not grant an extension of the stay or an additional stay.
2-40 (d) A trial on appeal is a trial de novo. [An act of the
2-41 department under this chapter may be appealed by a person in
2-42 interest in:]
2-43 [(1) the county court at law in which the person
2-44 resides;]
2-45 [(2) the county court of the county in which the
2-46 person resides, if the county does not have a county court at law;
2-47 or]
2-48 [(3) the district court of the county in which the
2-49 person resides if:]
2-50 [(A) the county does not have a county court at
2-51 law; and]
2-52 [(B) the county court does not have the civil
2-53 jurisdiction provided by general law for a county court.]
2-54 SECTION 4. Sections 601.160, 601.402, 601.403, 601.404,
2-55 601.405, 601.406, 601.407, 601.408, 601.409, and 601.410,
2-56 Transportation Code, are repealed.
2-57 SECTION 5. This Act takes effect September 1, 1999.
2-58 SECTION 6. The importance of this legislation and the
2-59 crowded condition of the calendars in both houses create an
2-60 emergency and an imperative public necessity that the
2-61 constitutional rule requiring bills to be read on three several
2-62 days in each house be suspended, and this rule is hereby suspended.
2-63 * * * * *