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