Texas Transportation Code
Sec. § 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, 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
Last accessed
Sep. 30, 2020