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 Jun. 5, 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
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Accessed:
Jun. 5, 2024

§ 548.408’s source at texas​.gov