Sec. 61.062. JUDICIAL REVIEW. (a) A party who has exhausted the party's administrative remedies under this chapter, other than a motion for rehearing, may bring a suit to appeal the order.
(b) The suit must be filed not later than the 30th day after the date the final order is mailed.
(c) The commission and any other party to the proceeding before the commission must be made defendants in the suit.
(d) The suit must be brought in the county of the claimant's residence. If the claimant is not a resident of this state, the suit must be brought in the county in this state in which the employer has its principal place of business.
(e) An appeal under this subchapter is by trial de novo with the substantial evidence rule being the standard of review in the manner as applied to an appeal from a final decision under Subtitle A, Title 4.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.14(b), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 378 (S.B. 1408), Sec. 13, eff. September 1, 2005.
Structure Texas Statutes
Title 2 - Protection of Laborers
Section 61.051. Filing Wage Claim
Section 61.052. Preliminary Wage Determination Order
Section 61.0525. Establishment of Wage Claim Appeal Tribunals
Section 61.053. Bad Faith; Administrative Penalty
Section 61.054. Request for Hearing on Preliminary Order
Section 61.055. Preliminary Order Final if Hearing Not Requested
Section 61.056. Payment Required if Hearing Not Requested
Section 61.057. Notice; Time for Hearing
Section 61.058. Hearing Procedures
Section 61.059. Consideration of Preliminary Wage Determination Order
Section 61.060. Order After Hearing
Section 61.061. Notice and Finality of Order
Section 61.0611. Removal or Transfer of Claim Pending Before Wage Claim Appeal Tribunal
Section 61.0612. Commission Review of Wage Claim Appeal Tribunal Order
Section 61.0613. Notice of Commission Action
Section 61.0614. Finality of Commission Order
Section 61.062. Judicial Review
Section 61.063. Payment to Commission; Escrow Pending Review
Section 61.064. Payment to Employee
Section 61.065. Deposit of Penalty