HEARING ON REFUSAL TO ISSUE OR REVOCATION OR SUSPENSION OF TITLE; APPEAL.
Tex. TRANSP Code § 501.052.
in effect(a) Except as provided by Subsection (f), an interested person aggrieved by a refusal, rescission, cancellation, suspension, or revocation under Section 501.051 may apply for a hearing to the county assessor-collector for the county in which the person is a resident. On the day an assessor-collector receives the application, the assessor-collector shall notify the department of the date of the hearing.
(b) The assessor-collector shall hold the hearing not earlier than the 11th day and not later than the 15th day after the date the assessor-collector receives the application for a hearing.
(c) At the hearing, the applicant and the department may submit evidence.
(d) A determination of the assessor-collector is binding on the applicant and the department as to whether the department correctly refused to issue or correctly rescinded, canceled, revoked, or suspended the title.
(e) An applicant aggrieved by the determination under Subsection (d) may appeal only to the county or district court of the county of the applicant's residence. An applicant must file an appeal not later than the fifth day after receipt of the assessor-collector's determination. The judge shall try the appeal in the manner of other civil cases. All rights and immunities granted in the trial of a civil case are available to the interested parties. If the department's action is not sustained, the department shall promptly issue a title for the vehicle.
(f) A person may not apply for a hearing under this section if the department's decision under Section 501.051 is related to:
(1) a title for a salvage motor vehicle or a nonrepairable motor vehicle, as defined by Section 501.091 ; or
(2) a title for a vehicle:
(A) that is the subject of any pending litigation or court proceedings;
(B) for which a court has awarded ownership or possession to another person; or
(C) that is held as evidence in a criminal investigation.
(g) A county assessor-collector who receives an application for a hearing submitted in violation of Subsection (f):
(1) shall deny the application; and
(2) is not required to send notice under Subsection (a) or hold a hearing under Subsection (b).
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357 ), Sec. 29, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357 ), Sec. 30, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741 ), Sec. 52, eff. September 1, 2013.