Tex. Transp. Code § 548.408 · Subchapter G. CERTIFICATION OF INSPECTION STATION OR INSPECTOR
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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, 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.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.548.htm
- Text hash
- sha256 36b68e7cc1d68d74e1f78c9b90b31fcf39fddf4c074f460518464ee2dbdb60da
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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