Texas Property Code 74.506 – Appeal
Current as of: 2024 | Check for updates
|
Other versions
(a) A person who has filed a claim that complies with § 74.501(c) may appeal the decision of the comptroller on the claim before the 61st day after the day on which it was rendered.
(b) If a claim that complies with § 74.501(c) has not been decided before the 91st day after the day on which it was filed, the claimant may file an appeal if, after the claimant provides notice by certified mail to the comptroller of the intent to file an appeal, the comptroller does not reach a decision on the claim on or before the 60th day after the date the notice is delivered to the comptroller. An appeal under this section must be made within one year of the date the claim was filed.
Terms Used In Texas Property Code 74.506
- 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.
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- 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
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) An appeal under this section must be made by filing suit against the state in a district court in Travis County, Texas. The state’s immunity from suit without consent is abolished with respect to suits brought under this section.
(d) A court shall try an action filed under this section de novo and shall apply the rules of practice of the court.