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.
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