Tex. Transp. Code Section 548.408
Judicial Review of Administrative Action


(a)

A person dissatisfied with the final decision of the director may appeal the decision by filing a petition as provided by Subchapter G (Judicial Review), Chapter 2001 (Administrative Procedure), Government Code.

(b)

The district or county attorney or the attorney general shall represent the director in the appeal, except that an attorney who is a full-time employee of the department may represent the director in the appeal with the approval of the attorney general.

(c)

The court in which the appeal is filed shall:

(1)

set the matter for hearing after 10 days’ written notice to the director and the attorney representing the director; and

(2)

determine whether an enforcement action of the director shall be suspended pending hearing and enter an order for the suspension.

(d)

The court order takes effect when served on the director.

(e)

The director shall provide a copy of the petition and court order to the attorney representing the director.

(f)

A stay under this section may not be effective for more than 90 days after the date the petition for appeal is filed. On the expiration of the stay, the director’s enforcement action shall be reinstated or imposed. The department or court may not extend the stay or grant an additional stay.

(g)

Judicial review of the final decision of the director is under the substantial evidence rule.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 33, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1169, Sec. 3, eff. Sept. 1, 2001.

Source: Section 548.408 — Judicial Review of Administrative Action, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­548.­htm#548.­408 (accessed Mar. 23, 2024).

548.001
Definitions
548.002
Department Rules
548.003
Department Certification and Supervision of Inspection Stations
548.004
Department Certification of Inspection Stations for Political Subdivisions and State Agencies
548.005
Inspection Only by Certain Inspection Stations
548.006
Advisory Committee
548.007
Contracts and Instruments to Implement Certain Inspection and Maintenance Programs
548.008
Vehicle Inspection Program Director
548.009
Assembled Vehicles
548.051
Vehicles and Equipment Subject to Inspection
548.052
Vehicles Not Subject to Inspection
548.053
Reinspection of Vehicle Requiring Adjustment, Correction, or Repair
548.054
Inspection of Certain Travel Trailers by Owner
548.101
General One-year Inspection Period
548.102
Two-year Initial Inspection Period for Passenger Car or Light Truck
548.103
Extended Inspection Period for Certain Vehicles
548.104
Equipment-related Prerequisites to Issuance of Passing Vehicle Inspection Report
548.105
Evidence of Financial Responsibility as Prerequisite to Issuance of Passing Vehicle Inspection Report
548.201
Commercial Motor Vehicle Inspection Program
548.202
General Applicability of Chapter to Commercial Motor Vehicles
548.203
Exemptions
548.251
Department to Maintain Database
548.252
Issuance of Vehicle Inspection Reports
548.253
Information to Be Submitted on Completion of Inspection
548.254
Validity of Vehicle Inspection Report
548.255
Reinspection of Vehicle Requiring Adjustment, Correction, or Repair
548.256
Proof of Compliance with Inspection Requirements Required to Register Vehicle
548.257
Timing of Inspection for Registration-based Enforcement
548.258
Use of State Electronic Internet Portal
548.301
Commission to Establish Program
548.302
Commission to Adopt Standards and Requirements
548.303
Program Administration
548.304
Stations Licensed to Conduct Emissions Inspections
548.306
Excessive Motor Vehicle Emissions
548.307
Alternative Testing Methodology for Certain Counties
548.401
Certification Generally
548.402
Application for Certification as Inspection Station
548.403
Approval and Certification as Inspection Station
548.404
Application for Certification as Inspector
548.405
Denial, Revocation, or Suspension of Certificate
548.407
Hearing on Denial, Revocation, or Suspension of Certificate
548.408
Judicial Review of Administrative Action
548.410
Expiration of Certificate
548.501
Inspection Fees Generally
548.502
Inspection by Political Subdivision or State Agency
548.503
Initial Two-year Inspection of Passenger Car or Light Truck
548.504
Inspection of Commercial Motor Vehicle
548.505
Emissions-related Inspection Fee
548.506
Fee for Certification as Inspector
548.507
Fee for Certification as Inspection Station
548.508
Disposition of Fees
548.509
Collection of Fee During Registration
548.510
Fee for Certain Exempted Vehicles
548.511
Vehicles Not Subject to Inspection Program Replacement Fee
548.601
Offense Generally
548.603
Fictitious or Counterfeit Inspection Certificate or Insurance Document
548.604
Penalty for Certain Violations
548.605
Operating a Vehicle Without Complying with Inspection Requirements as Certified
548.1025
Three-year Initial Inspection Period for Certain Rental Vehicles
548.2521
Evidence of Financial Responsibility as Prerequisite to Issuance of Passing Vehicle Inspection Report
548.3011
Emissions Test on Resale
548.3012
Exemption: Vehicle Not Used Primarily in County of Registration
548.3045
Appointment of Decentralized Facility
548.3065
Administrative Penalty
548.3075
Limited Emissions Inspections
548.4035
Entry onto Premises
548.4045
Bond Required for Certain Inspection Stations
548.4055
Rules Regarding Criminal Convictions
548.5035
Initial Three-year Inspection of Certain Rental Vehicles
548.5055
Texas Emissions Reduction Plan Fee
548.6015
Civil Penalties
548.6035
Fraudulent Emissions Inspection of Motor Vehicle
548.6036
Actions of Employee

Accessed:
Mar. 23, 2024

§ 548.408’s source at texas​.gov