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