Sec. 74.506. APPEAL. (a) A person who has filed a claim that complies with Section 74.501(c) may appeal the decision of the comptroller on the claim before the 61st day after the day on which it was rendered.
(b) If a claim that complies with Section 74.501(c) has not been decided before the 91st day after the day on which it was filed, the claimant may file an appeal if, after the claimant provides notice by certified mail to the comptroller of the intent to file an appeal, the comptroller does not reach a decision on the claim on or before the 60th day after the date the notice is delivered to the comptroller. An appeal under this section must be made within one year of the date the claim was filed.
(c) An appeal under this section must be made by filing suit against the state in a district court in Travis County, Texas. The state's immunity from suit without consent is abolished with respect to suits brought under this section.
(d) A court shall try an action filed under this section de novo and shall apply the rules of practice of the court.
Added by Acts 1985, 69th Leg., ch. 230, Sec. 17, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1037, Sec. 30, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 13, eff. May 18, 2021.
Notes of Decisions
Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000).
· cites it 2× “"); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
Arnett Ex Rel. Est. of Arnett v. Strayhorn, 515 F. Supp. 2d 690 (W.D. Tex. 2006).
“See Tex. Prop.Code Ann. § 74.506(b) (person *696 aggrieved by decision under this chapter has right to appeal by filing suit in state district court).”
City of Oak Ridge North v. Mendes, 339 S.W.3d 222 (Tex. App. 2011).
“”); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
the City of Midlothian, Texas v. Letha Black (Tex. App. 2008).
“010(d) (Vernon 2005) ("Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b)."); TEX. GOV’T CODE ANN.”
— Tex. Prop. Code § 74.506(a) — 2 cases
— Tex. Prop. Code § 74.506(b) — 1 case
Arnett Ex Rel. Est. of Arnett v. Strayhorn, 515 F. Supp. 2d 690 (W.D. Tex. 2006).
“See Tex. Prop.Code Ann. § 74.506(b) (person *696 aggrieved by decision under this chapter has right to appeal by filing suit in state district court).”
— Tex. Prop. Code § 74.506(c) — 9 cases
Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1 (Tex. 2000).
“"); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
City of Oak Ridge North v. Mendes, 339 S.W.3d 222 (Tex. App. 2011).
“”); Tex. Prop.Code § 74.506(c) ("The state's immunity from suit without consent is abolished with respect to suits brought under this section.”
— Tex. Prop. Code § 74.506(d) — 1 case
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