Texas Transportation Code 601.401 – Department Actions Subject to Review
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(a) An action of the department under this chapter may be appealed, unless:
(1) an order of suspension by the department is based on an existing unsatisfied final judgment rendered against a person by a court in this state arising out of the use of a motor vehicle in this state; or
(2) the suspension is automatic under § 601.231(a).
(b) To appeal an action of the department, the person must file a petition not later than the 30th day after the date of the action in the county court at law in the county in which the person resides or the county court of the county in which the person resides, if the county does not have a county court at law.
Terms Used In Texas Transportation Code 601.401
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A person who files an appeal under this section shall send a file-stamped copy of the petition by certified mail to the department at the department’s headquarters in Austin. The copy must be certified by the clerk of the court in which the petition is filed.
(d) The filing of a petition of appeal as provided by this section stays an order of suspension until the earlier of the 91st day after the date the appeal petition is filed or the date the trial is completed and final judgment is rendered.
(e) On expiration of the stay, the department shall impose the suspension. The stay may not be extended, and an additional stay may not be granted.
(f) A trial on appeal is de novo.