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General Warranty Complaints
Section 3.08(i). The owner of a motor vehicle or the
owner's designated agent may make a complaint concerning
defects in a motor vehicle which are covered by a manufacturer's,
converter's, or distributor's warranty agreement applicable
to the vehicle. Any such complaint must be made in writing
to the applicable dealer, manufacturer, converter, or
distributor and must specify the defects in the vehicle
which are covered by the warranty. The owner may also
invoke the Board's jurisdiction by sending the Board
a copy of the complaint. A hearing may be scheduled
on all complaints arising under this subsection which
are not privately resolved between the owner and the
dealer, manufacturer, converter, or distributor.
Warranty Performance Obligations
Section 6.07. (a) In addition to the other powers and
duties provided for in this Act, the Board shall cause
manufacturers, converters, and distributors to perform
the obligations imposed by this section. In this section
"owner" means a person who: (1) purchased
a vehicle at retail from a licensee and is entitled
to enforce the terms of a manufacturer's warranty with
respect to the vehicle; (2) is a lessor or lesee, other
than a sublessee, who purchased or leased the vehicle
from a licensee; or (3) is the transferee or assignee
of any of the persons described in Subdivisions (1)
or (2) of this subsection if the transferee or assignee
is a Texas resident and is entitled to enforce the terms
of a manufacturer's warranty.
(b) If a new motor vehicle does not conform to all
applicable manufacturer's, converter's, or distributor's
express warranties, the manufacturer, converter, or
distributor shall make the repairs necessary to conform
the vehicle to the applicable express warranties, notwithstanding
that the repairs are made after the expiration of the
warranties, if: (1) the owner or the owner's designated
agent reported the nonconformity to the manufacturer,
converter, or distributor, its agent, or its franchised
dealer during the term of such express warranties; or
(2) a rebuttable presumption relating to the vehicle
was created under Subsection (d) of this section. This
section does not in any way limit the remedies available
to an owner under a new motor vehicle warranty that
extends beyond the provisions of this section.
(c) If the manufacturer, converter, or distributor
is unable to conform the motor vehicle to an applicable
express warranty by repairing or correcting any defect
or condition which creates a serious safety hazard or
substantially impairs the use or market value of the
motor vehicle after a reasonable number of attempts,
the manufacturer, converter, or distributor shall (1)
replace the motor vehicle with a comparable motor vehicle;
or (2) accept return of the vehicle from the owner and
refund to the owner the full purchase price less a reasonable
allowance for the owner's use of the vehicle and any
other allowances or refunds payable to the owner. In
this section, "impairment of market value"
means a substantial loss in market value caused by a
defect specific to the vehicle. In addition to replacing
the vehicle or refunding the purchase price, the manufacturer,
converter, or distributor shall reimburse the owner
for reasonable incidental costs resulting from loss
of use of the motor vehicle because of the nonconformity
or defect. As necessary to promote the public interest,
the Commission by rule shall define the incidental costs
that are eligible for reimbursement, shall specify other
requirements necessary to determine an eligible cost,
and may set a maximum amount that is eligible for reimbursement,
either by type of eligible cost or a total for all costs.
Refunds shall be made to the owner and lienholder, if
any, as their interests may appear. A reasonable allowance
for use shall be that amount directly attributable to
use of the motor vehicle when the vehicle is not out
of service for repair. An order to refund or to replace
may not be issued by the Executive Director against
a manufacturer, converter, or distributor unless the
manufacturer, converter, or distributor has been mailed
prior written notification of the alleged nonconformity
or defect from or on behalf of the owner and has been
given an opportunity to cure the alleged defect or nonconformity.
In any hearing before the Executive Director under this
section, a manufacturer, converter, or distributor may
plead and prove as an affirmative defense to the remedies
provided hereunder that (1) the nonconformity is the
result of abuse, neglect, or unauthorized modifications
or alterations of the motor vehicle; or (2) the nonconformity
does not substantially impair the use or market value
of the motor vehicle. In this section, "serious
safety hazard" means a life-threatening malfunction
or nonconformity that substantially impedes a person's
ability to control or operate a motor vehicle for ordinary
use or intended purposes or that creates a substantial
risk of fire or explosion.
(d) There is a rebuttable presumption that a reasonable
number of attempts have been undertaken to conform a
motor vehicle to the applicable express warranties if
(1) the same nonconformity has been subject to repair
four or more times by the manufacturer, converter, or
distributor, its agent, or its franchised dealer and
two of the repair attempts have been made within a period
of 12 months following the date of original delivery
to an owner, or 12,000 miles, whichever occurs first,
and the other two repair attempts occur within the 12
months or 12,000 miles immediately following the date
of the second repair attempt, whichever occurs first,
but such nonconformity continues to exist; (2) the same
nonconformity creates a serious safety hazard and has
caused the vehicle to have been subject to repair two
or more times by the manufacturer, converter, or distributor,
or an authorized agent or franchised dealer, and at
least one attempt to repair the nonconformity was made
in the period of 12 months or 12,000 miles, whichever
occurs first, and at least one other attempt made in
the period of 12 months or 12,000 miles after the first
repair attempt, whichever occurs first, but the nonconformity
continues to exist; or (3) the vehicle is out of service
for repair for a cumulative total of 30 or more days
in the 24 months or 24,000 miles, whichever occurs first,
and at least two repair attempts were made in the first
12 months or 12,000 miles immediately following the
date of original delivery to an owner and a nonconformity
still exists that substantially impairs the vehicle's
use or market value. The initial 12-month period or
12,000 mile limit, the subsequent 12-month period or
12,000 mile limit, and the 30-day period shall be extended
by any period of time during which repair services are
not available to the owner because of a war, invasion,
strike or fire, flood, or other natural disaster. During
any period of time that the manufacturer or distributor
lends a comparable motor vehicle to the owner during
the time the vehicle is being repaired by a franchised
dealer, the 30-day period provided for in this subsection
is tolled.
(e)
(1) The Board shall adopt rules for the enforcement
and implementation of this section.
(2) The Director shall, in accordance with rules adopted
by the Board, conduct hearings and issue final orders
for the enforcement and implementation of this section.
Orders issued by the Director under this section are
considered final orders of the Board.
(3) Except as provided by Subdivision (6) of this subsection,
the provisions of this section are not available to
an owner in an action seeking a refund or replacement
based upon the alleged nonconformity of a motor vehicle
to an express warranty applicable to the motor vehicle
unless the owner has first exhausted the administrative
remedies provided herein.
(4) The provisions of this section are not available
to a party in an action against a seller under Chapter
2 or Chapter 17, Business & Commerce Code, as amended.
(5) Except as provided by Subdivision (6) of this subsection,
the provisions of this section are available in an action
against a manufacturer, converter, or distributor brought
under Chapter 17, Business & Commerce Code, after
the owner has exhausted the administrative remedies
provided by this section.
(6) If, after a complaint has been filed under this
section, the Hearing Examiner has not issued a proposal
for decision and recommended to the Director a final
order before the expiration of the 150th day after the
date the complaint was filed, the Director shall, in
writing sent by certified mail, so inform the complainant
and the manufacturer, converter, or distributor of the
expiration of the 150-day period and of the complainant's
right to file a civil action. The Board shall extend
the 150-day period if a delay is requested or is caused
by the complainant.
(7) After receipt of the notice of the right to file
a civil action, the complainant may file a civil action
against one or more of the persons complained of in
the complaint.
(8) A failure by the Board to issue a notice of the
right to file a civil action does not affect a complainant's
right to bring an action under this Act.
(9) Any party to a proceeding under this section before
the Director that is affected by a final order of the
Director is entitled to judicial review of the order
under the substantial evidence rule in a District Court
of Travis County, Texas. The judicial review is subject
to Chapter 2001, Government Code, except to the extent
that that Act is inconsistent with this Act.
(f) (f) This section does not limit the rights or remedies
otherwise available to an owner under any other law.
(g) In a hearing under this section, the Director shall
make its order with respect to responsibility for payment
of the cost of any refund or replacement and no manufacturer,
converter, or distributor may cause any franchised dealer
to pay directly or indirectly any sum not specifically
so ordered by the Director. If the Director orders a
manufacturer, converter, or distributor to refund or
replace a motor vehicle because it meets the criteria
set forth in this section, the Director may order the
franchised dealer to reimburse the owner, lienholder,
manufacturer, converter, or distributor only for items
or options added to the vehicle by the franchised dealer
and only to the extent that one or more of such items
or options contributed to the defect that served as
the basis for the Director's order of refund or replacement.
In a case involving a leased vehicle, the Director may
terminate the lease and apportion the allowance for
use and other allowances or refunds between the lessee
and lessor of the vehicle.
(h) A proceeding brought under this section shall be
commenced within six months following the earlier of
(1) expiration of the express warranty term or (2) 24
months or 24,000 miles following the date of original
delivery of the motor vehicle to an owner.
(i) A contractual provision that excludes or modifies
the remedies provided for in this section is prohibited
and shall be deemed null and void as against public
policy unless the exclusion or modification is done
with respect to a settlement agreement between the owner
and the manufacturer, converter, or distributor.
(j)
(1) A manufacturer, distributor, or converter that
has been ordered to repurchase or replace a vehicle
shall, through its franchised dealer, issue a disclosure
statement stating that the vehicle was repurchased or
replaced by the manufacturer, distributor, or converter
under this section. The disclosure statement must accompany
the vehicle through the first retail purchase. The manufacturer,
distributor, or converter must restore the cause of
the repurchase or replacement to factory specifications
and issue a new 12-month, 12,000-mile warranty on the
vehicle. The disclosure statement must include a toll-free
telephone number of the Board that will enable a purchaser
of a repurchased or replaced vehicle to obtain information
about the condition or defect that was the basis of
the order for repurchase or replacement. The Board shall
adopt rules for the enforcement of this subdivision.
(2) The Board shall provide a toll-free telephone number
for providing information to persons who request information
about a condition or defect that was the basis for repurchase
or replacement by an order of the Director. The Board
shall maintain an effective method of providing information
to persons who make the requests.
(k) The Commission shall publish an annual report on
the motor vehicles ordered repurchased or replaced under
this section. The report must list the number of vehicles
by brand name and model and include a brief description
of the conditions or defects that caused the repurchase
or replacement. The Commission shall make the report
available to the public. The Commission may charge a
reasonable fee to recover the cost of the report.
(l) Information filed with the Board under this section
is not a public record and is not subject to release
under the open records law, Chapter 552, Government
Code, until the complaint is finally resolved by order
of the Board.
Judicial Review
Appeal
Section 7.01. (a) Any party to a proceeding before
the Board that is affected by a final order, rule, decision,
or other final action of the Board is entitled to judicial
review of any such final Board action, under the substantial
evidence rule, in a District Court of Travis County,
Texas, or in the Court of Appeals for the Third Court
of Appeals District, and to the extent not in consistent
herewith, pursuant to the Administrative Procedure and
Texas Register Act (Article 6252-13a, Vernon's Texas
Civil Statutes). Appeals initiated in the District Courts
of Travis County shall be removable to the Court of
Appeals upon notice of removal to any such district
court by any party at any time prior to trial in the
district court. Appeals initiated in or removed to the
Court of Appeals shall be initiated under the Administrative
Procedure and Texas Register Act as if initiated in
a Travis County District Court and shall, upon the filing
thereof, be thereafter governed by the Texas Rules of
Appellate Procedure.
(b) A final action, ruling, order, or decision of the
Motor Vehicle Board of the Texas Department of Transportation,
or the Director of the Motor Vehicle Division of the
Texas Department of Transportation, as appropriate under
the terms of this Act or other law, is the final action
with respect to a matter arising under this Act, and
is subject to review only by judicial review as provided
by this Act. The petition for judicial review must be
filed within 30 days of the date on which an action,
ruling, order, or decision of the Board or the director
first becomes final and appealable.
(c) Citation must be served on the Director. Citation
must also be served on all other parties of record before
the Board. For appeals initiated in the Court of Appeals,
the court shall cause citation to be issued.
(d) Appeals in which evidence outside the Board's record
is to be taken under Section 19(d)(3), Administrative
Procedure and Texas Register Act (Article 6252-13a,Version's
Texas Civil Statutes), or otherwise, shall be initiated
in a Travis County District Court, or having been initiated
in the Court of Appeals, shall be subject to remand
to a Travis County District Court for proceedings in
accordance with instructions from the Court of Appeals.
(e) Codified as Occupations Code Chapter 2301 effective
June 1, 2003 Formerly TEXAS MOTOR VEHICLE COMMISSION
CODE (ARTICLE 4413(36) VERNON'S TEXAS CIVIL STATUTES)
(LEMON LAW STATUTES) Statutes Rules General Warranty
Complaints Section 3.08(i). Warranty Performance Obligations
Section 6.07. Judicial Review - Appeal Section 7.01.
Warranty Performance Obligations 16 TAC §§107.1-107.11
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General Warranty Complaints Section 3.08(i). The owner
of a motor vehicle or the owner's designated agent may
make a complaint concerning defects in a motor vehicle
which are covered by a manufacturer's, converter's,
or distributor's warranty agreement applicable to the
vehicle. Any such complaint must be made in writing
to the applicable dealer, manufacturer, converter, or
distributor and must specify the defects in the vehicle
which are covered by the warranty. The owner may also
invoke the Board's jurisdiction by sending the Board
a copy of the complaint. A hearing may be scheduled
on all complaints arising under this subsection which
are not privately resolved between the owner and the
dealer, manufacturer, converter, or distributor. --------------------------------------------------------------------------------
Warranty Performance Obligations Section 6.07. (a) In
addition to the other powers and duties provided for
in this Act, the Board shall cause manufacturers, converters,
and distributors to perform the obligations imposed
by this section. In this section "owner" means
a person who: (1) purchased a vehicle at retail from
a licensee and is entitled to enforce the terms of a
manufacturer's warranty with respect to the vehicle;
(2) is a lessor or lesee, other than a sublessee, who
purchased or leased the vehicle from a licensee; or
(3) is the transferee or assignee of any of the persons
described in Subdivisions (1) or (2) of this subsection
if the transferee or assignee is a Texas resident and
is entitled to enforce the terms of a manufacturer's
warranty. (b) If a new motor vehicle does not conform
to all applicable manufacturer's, converter's, or distributor's
express warranties, the manufacturer, converter, or
distributor shall make the repairs necessary to conform
the vehicle to the applicable express warranties, notwithstanding
that the repairs are made after the expiration of the
warranties, if: (1) the owner or the owner's designated
agent reported the nonconformity to the manufacturer,
converter, or distributor, its agent, or its franchised
dealer during the term of such express warranties; or
(2) a rebuttable presumption relating to the vehicle
was created under Subsection (d) of this section. This
section does not in any way limit the remedies available
to an owner under a new motor vehicle warranty that
extends beyond the provisions of this section. (c) If
the manufacturer, converter, or distributor is unable
to conform the motor vehicle to an applicable express
warranty by repairing or correcting any defect or condition
which creates a serious safety hazard or substantially
impairs the use or market value of the motor vehicle
after a reasonable number of attempts, the manufacturer,
converter, or distributor shall (1) replace the motor
vehicle with a comparable motor vehicle; or (2) accept
return of the vehicle from the owner and refund to the
owner the full purchase price less a reasonable allowance
for the owner's use of the vehicle and any other allowances
or refunds payable to the owner. In this section, "impairment
of market value" means a substantial loss in market
value caused by a defect specific to the vehicle. In
addition to replacing the vehicle or refunding the purchase
price, the manufacturer, converter, or distributor shall
reimburse the owner for reasonable incidental costs
resulting from loss of use of the motor vehicle because
of the nonconformity or defect. As necessary to promote
the public interest, the Commission by rule shall define
the incidental costs that are eligible for reimbursement,
shall specify other requirements necessary to determine
an eligible cost, and may set a maximum amount that
is eligible for reimbursement, either by type of eligible
cost or a total for all costs. Refunds shall be made
to the owner and lienholder, if any, as their interests
may appear. A reasonable allowance for use shall be
that amount directly attributable to use of the motor
vehicle when the vehicle is not out of service for repair.
An order to refund or to replace may not be issued by
the Executive Director against a manufacturer, converter,
or distributor unless the manufacturer, converter, or
distributor has been mailed prior written notification
of the alleged nonconformity or defect from or on behalf
of the owner and has been given an opportunity to cure
the alleged defect or nonconformity. In any hearing
before the Executive Director under this section, a
manufacturer, converter, or distributor may plead and
prove as an affirmative defense to the remedies provided
hereunder that (1) the nonconformity is the result of
abuse, neglect, or unauthorized modifications or alterations
of the motor vehicle; or (2) the nonconformity does
not substantially impair the use or market value of
the motor vehicle. In this section, "serious safety
hazard" means a life-threatening malfunction or
nonconformity that substantially impedes a person's
ability to control or operate a motor vehicle for ordinary
use or intended purposes or that creates a substantial
risk of fire or explosion. (d) There is a rebuttable
presumption that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable
express warranties if (1) the same nonconformity has
been subject to repair four or more times by the manufacturer,
converter, or distributor, its agent, or its franchised
dealer and two of the repair attempts have been made
within a period of 12 months following the date of original
delivery to an owner, or 12,000 miles, whichever occurs
first, and the other two repair attempts occur within
the 12 months or 12,000 miles immediately following
the date of the second repair attempt, whichever occurs
first, but such nonconformity continues to exist; (2)
the same nonconformity creates a serious safety hazard
and has caused the vehicle to have been subject to repair
two or more times by the manufacturer, converter, or
distributor, or an authorized agent or franchised dealer,
and at least one attempt to repair the nonconformity
was made in the period of 12 months or 12,000 miles,
whichever occurs first, and at least one other attempt
made in the period of 12 months or 12,000 miles after
the first repair attempt, whichever occurs first, but
the nonconformity continues to exist; or (3) the vehicle
is out of service for repair for a cumulative total
of 30 or more days in the 24 months or 24,000 miles,
whichever occurs first, and at least two repair attempts
were made in the first 12 months or 12,000 miles immediately
following the date of original delivery to an owner
and a nonconformity still exists that substantially
impairs the vehicle's use or market value. The initial
12-month period or 12,000 mile limit, the subsequent
12-month period or 12,000 mile limit, and the 30-day
period shall be extended by any period of time during
which repair services are not available to the owner
because of a war, invasion, strike or fire, flood, or
other natural disaster. During any period of time that
the manufacturer or distributor lends a comparable motor
vehicle to the owner during the time the vehicle is
being repaired by a franchised dealer, the 30-day period
provided for in this subsection is tolled. (e) (1) The
Board shall adopt rules for the enforcement and implementation
of this section. (2) The Director shall, in accordance
with rules adopted by the Board, conduct hearings and
issue final orders for the enforcement and implementation
of this section. Orders issued by the Director under
this section are considered final orders of the Board.
(3) Except as provided by Subdivision (6) of this subsection,
the provisions of this section are not available to
an owner in an action seeking a refund or replacement
based upon the alleged nonconformity of a motor vehicle
to an express warranty applicable to the motor vehicle
unless the owner has first exhausted the administrative
remedies provided herein. (4) The provisions of this
section are not available to a party in an action against
a seller under Chapter 2 or Chapter 17, Business &
Commerce Code, as amended. (5) Except as provided by
Subdivision (6) of this subsection, the provisions of
this section are available in an action against a manufacturer,
converter, or distributor brought under Chapter 17,
Business & Commerce Code, after the owner has exhausted
the administrative remedies provided by this section.
(6) If, after a complaint has been filed under this
section, the Hearing Examiner has not issued a proposal
for decision and recommended to the Director a final
order before the expiration of the 150th day after the
date the complaint was filed, the Director shall, in
writing sent by certified mail, so inform the complainant
and the manufacturer, converter, or distributor of the
expiration of the 150-day period and of the complainant's
right to file a civil action. The Board shall extend
the 150-day period if a delay is requested or is caused
by the complainant. (7) After receipt of the notice
of the right to file a civil action, the complainant
may file a civil action against one or more of the persons
complained of in the complaint. (8) A failure by the
Board to issue a notice of the right to file a civil
action does not affect a complainant's right to bring
an action under this Act. (9) Any party to a proceeding
under this section before the Director that is affected
by a final order of the Director is entitled to judicial
review of the order under the substantial evidence rule
in a District Court of Travis County, Texas. The judicial
review is subject to Chapter 2001, Government Code,
except to the extent that that Act is inconsistent with
this Act. (f) This section does not limit the rights
or remedies otherwise available to an owner under any
other law. (g) In a hearing under this section, the
Director shall make its order with respect to responsibility
for payment of the cost of any refund or replacement
and no manufacturer, converter, or distributor may cause
any franchised dealer to pay directly or indirectly
any sum not specifically so ordered by the Director.
If the Director orders a manufacturer, converter, or
distributor to refund or replace a motor vehicle because
it meets the criteria set forth in this section, the
Director may order the franchised dealer to reimburse
the owner, lienholder, manufacturer, converter, or distributor
only for items or options added to the vehicle by the
franchised dealer and only to the extent that one or
more of such items or options contributed to the defect
that served as the basis for the Director's order of
refund or replacement. In a case involving a leased
vehicle, the Director may terminate the lease and apportion
the allowance for use and other allowances or refunds
between the lessee and lessor of the vehicle. (h) A
proceeding brought under this section shall be commenced
within six months following the earlier of (1) expiration
of the express warranty term or (2) 24 months or 24,000
miles following the date of original delivery of the
motor vehicle to an owner. (i) A contractual provision
that excludes or modifies the remedies provided for
in this section is prohibited and shall be deemed null
and void as against public policy unless the exclusion
or modification is done with respect to a settlement
agreement between the owner and the manufacturer, converter,
or distributor. (j) (1) A manufacturer, distributor,
or converter that has been ordered to repurchase or
replace a vehicle shall, through its franchised dealer,
issue a disclosure statement stating that the vehicle
was repurchased or replaced by the manufacturer, distributor,
or converter under this section. The disclosure statement
must accompany the vehicle through the first retail
purchase. The manufacturer, distributor, or converter
must restore the cause of the repurchase or replacement
to factory specifications and issue a new 12-month,
12,000-mile warranty on the vehicle. The disclosure
statement must include a toll-free telephone number
of the Board that will enable a purchaser of a repurchased
or replaced vehicle to obtain information about the
condition or defect that was the basis of the order
for repurchase or replacement. The Board shall adopt
rules for the enforcement of this subdivision. (2) The
Board shall provide a toll-free telephone number for
providing information to persons who request information
about a condition or defect that was the basis for repurchase
or replacement by an order of the Director. The Board
shall maintain an effective method of providing information
to persons who make the requests. (k) The Commission
shall publish an annual report on the motor vehicles
ordered repurchased or replaced under this section.
The report must list the number of vehicles by brand
name and model and include a brief description of the
conditions or defects that caused the repurchase or
replacement. The Commission shall make the report available
to the public. The Commission may charge a reasonable
fee to recover the cost of the report. (l) Information
filed with the Board under this section is not a public
record and is not subject to release under the open
records law, Chapter 552, Government Code, until the
complaint is finally resolved by order of the Board.
--------------------------------------------------------------------------------
Judicial Review Appeal Section 7.01. (a) Any party to
a proceeding before the Board that is affected by a
final order, rule, decision, or other final action of
the Board is entitled to judicial review of any such
final Board action, under the substantial evidence rule,
in a District Court of Travis County, Texas, or in the
Court of Appeals for the Third Court of Appeals District,
and to the extent not in consistent herewith, pursuant
to the Administrative Procedure and Texas Register Act
(Article 6252-13a, Vernon's Texas Civil Statutes). Appeals
initiated in the District Courts of Travis County shall
be removable to the Court of Appeals upon notice of
removal to any such district court by any party at any
time prior to trial in the district court. Appeals initiated
in or removed to the Court of Appeals shall be initiated
under the Administrative Procedure and Texas Register
Act as if initiated in a Travis County District Court
and shall, upon the filing thereof, be thereafter governed
by the Texas Rules of Appellate Procedure. (b) A final
action, ruling, order, or decision of the Motor Vehicle
Board of the Texas Department of Transportation, or
the Director of the Motor Vehicle Division of the Texas
Department of Transportation, as appropriate under the
terms of this Act or other law, is the final action
with respect to a matter arising under this Act, and
is subject to review only by judicial review as provided
by this Act. The petition for judicial review must be
filed within 30 days of the date on which an action,
ruling, order, or decision of the Board or the director
first becomes final and appealable. (c) Citation must
be served on the Director. Citation must also be served
on all other parties of record before the Board. For
appeals initiated in the Court of Appeals, the court
shall cause citation to be issued. (d) Appeals in which
evidence outside the Board's record is to be taken under
Section 19(d)(3), Administrative Procedure and Texas
Register Act (Article 6252-13a,Version's Texas Civil
Statutes), or otherwise, shall be initiated in a Travis
County District Court, or having been initiated in the
Court of Appeals, shall be subject to remand to a Travis
County District Court for proceedings in accordance
with instructions from the Court of Appeals. (e) Appellants
shall pursue appeals with reasonable diligence. If an
appellant fails to prosecute an appeal within six months
after the appeal is filed, the court shall presume that
the appeal has been abandoned. The court shall dismiss
any such appeal on a motion for dismissal made by the
Attorney General or other party unless the appellant,
after receiving due notice, demonstrates good cause
for the delay.
(f) Appeal shall not affect the enforcement of a final
Board order unless its enforcement is enjoyable under
Section 65.001 et seq., Civil Practice and Remedies
Code, and under principles of primary jurisdiction.
Amended by Chapter 266, Acts of the 63rd Legislature,
Regular Session, 1973, effective June 11, 1973; amended
by Chapter 128, Acts of the 64th Legislature, Regular
Session, 1975, effective May 6, 1975; amended by Chapter
357, Acts of the 65th Legislature, Regular Session,
1977, effective June 10, 1977; amended by Chapter 709,
Acts of the 66th Legislature, Regular Session, 1979,
effective September 1, 1979; amended by Chapter 235,
Acts of the 67th Legislature, Regular Session, 1981,
effective May 28, 1981; amended by Chapters 81 and 844,
Acts of the 68th Legislature, Regular Session, 1983,
effective June 19,1983; amended by Chapter 241, Acts
of the 69th Legislature, Regular Session, 1985, effective
June 4, 1985; amended by Chapter 357, Acts of the 70th
Legislature, Regular Session, 1987, effective June 11,
1987; amended by Chapter 1130, Acts of the 71st Legislature,
Regular Session, 1989, effective June 16, 1989; amended
by House Bill 524, 72nd Legislature, Regular Session,
1991, effective June 13, 1991; amended by Chapter 61,
Acts of the 73rd Legislature, Regular Session, 1993,
effective April 19, 1993; amended by Chapters 345 and
357, Acts of the 74th Legislature, Regular Session,
1995, effective June 8, 1995; amended by House Bill
3092, Acts of the 76th Legislature, Regular Session,
1999, effective June 19, 1999; amended by House Bill
2537, Acts of the 76th Legislature, Regular Session,
1999, effective September 1, 1999.
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