Texas Transportation Code 372.108 – Appeal
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(a) A registered owner may appeal the justice of the peace’s decision by filing a petition not later than the 30th day after the date on which the decision is rendered:
(1) in the county court at law of the county in which the justice of the peace precinct is located; or
(2) if there is no county court at law in that county, in the county court.
(b) The registered owner must send a file-stamped copy of the petition, certified by the clerk of the court, to the toll project entity by certified mail not later than the 30th day after the date the appeal petition is filed.
Terms Used In Texas Transportation Code 372.108
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The court shall notify the toll project entity of the hearing not later than the 31st day before the date the court sets for the hearing.
(d) A trial on appeal is a trial de novo on the issues under § 372.107(d).
(e) Neither the filing of the appeal petition nor service of notice of the appeal stays the toll project entity’s exercise of the habitual violator remedies unless the person who files the appeal posts a bond with the toll project entity issued by a sufficient surety in the total amount of unpaid tolls and fees owed by the registered owner to the toll project entity.