Texas Statutes
Subchapter N. General Provisions Relating to License Denial, Suspension, or Revocation
Section 521.308. Appeal; Judicial Review

Sec. 521.308. APPEAL; JUDICIAL REVIEW. (a) A person whose driver's license suspension or revocation has been sustained by a presiding officer under this subchapter may appeal the decision of the presiding officer.
(b) To appeal the decision of the presiding officer, the person must file a petition not later than the 30th day after the date on which the department order was entered in the county court at law of the county in which the person resides, or, if there is no county court at law, in the county court. The person must send a file-stamped copy of the petition, certified by the clerk of the court in which the petition is filed, to the department by certified mail.
(c) The court shall notify the department of the hearing not later than the 31st day before the date the court sets for the hearing.
(d) The court shall take testimony, examine the facts of the case, and determine whether the petitioner is subject to the suspension or revocation of a license under this subchapter.
(e) A trial on appeal is a trial de novo, and the person has the right to trial by jury.
(f) The filing of a petition of appeal as provided by this section stays an order of suspension, probated suspension, or revocation until the earlier of the 91st day after the date the appeal petition is filed or the date the trial is completed and final judgment is rendered.
(g) On expiration of the stay, the department shall impose the suspension, probated suspension, or revocation. The stay may not be extended, and an additional stay may not be granted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Renumbered from Sec. 521.302 and amended by Acts 1999, 76th Leg., ch. 1117, Sec. 1, eff. Sept. 1, 2000.

Structure Texas Statutes

Texas Statutes

Transportation Code

Title 7 - Vehicles and Traffic

Subtitle B - Driver's Licenses and Personal Identification Cards

Chapter 521 - Driver's Licenses and Certificates

Subchapter N. General Provisions Relating to License Denial, Suspension, or Revocation

Section 521.291. Rules

Section 521.292. Department's Determination for License Suspension

Section 521.293. Period of Suspension Under Section 521

Section 521.294. Department's Determination for License Revocation

Section 521.295. Notice of Department's Determination

Section 521.296. Notice of Suspension or Revocation

Section 521.297. Suspension, Revocation, or Disqualification Effective Date

Section 521.298. Hearing Request

Section 521.299. Hearing Date; Rescheduling

Section 521.300. Hearing: Location; Presiding Officer

Section 521.301. Issue at Hearing

Section 521.302. Failure to Appear

Section 521.303. Continuance

Section 521.304. Cancellation of Minor's License on Cosigner's Request; Release From Liability

Section 521.305. Cancellation of Minor's License on Death of Cosigner

Section 521.306. Effect of Conduct in Other Jurisdiction; Suspension Under Driver's License Compact

Section 521.307. Suspension of Certain Provisional Licenses

Section 521.308. Appeal; Judicial Review

Section 521.309. Probation of Suspension

Section 521.310. Probation Violation

Section 521.311. Effective Date of Order

Section 521.312. Period of Suspension or Revocation; Reinstatement of License

Section 521.313. Reinstatement and Reissuance; Fee

Section 521.314. Cancellation Authority

Section 521.315. Surrender of License; Return

Section 521.316. Suspended Foreign License

Section 521.317. Denial of License Renewal After Warning

Section 521.318. Nonresidents

Section 521.319. Revocation for Medical Reasons

Section 521.320. Suspension for Certain Criminal Mischief; License Denial