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)
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
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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