Tex. Codes » Transportation Code · TITLE 6. ROADWAYS · SUBTITLE G. TURNPIKES AND TOLL PROJECTS · CHAPTER 372. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF TOLL PROJECT
Texas Codes

Tex. Transp. Code § 372.108 (2026)

Appeal

✓ current as of May 2026
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Sec. 372.108. APPEAL. (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.

(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 Section 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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.

Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: in the Interest of A.L.M.-f., A.M., J.A.-f., N.A.-f., & E.A.-f., Child. (Tex. 2019).
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in the Interest of A.L.M.-f., A.M., J.A.-f., N.A.-f., & E.A.-f., Child. (Tex. 2019). “”46 The applicable rules are express in stating that trial de novo is “a new trial in which the entire case is presented as if there had been no previous trial.”
— Tex. Transp. Code § 372.108(d) — 1 case
in the Interest of A.L.M.-f., A.M., J.A.-f., N.A.-f., & E.A.-f., Child. (Tex. 2019). “”46 The applicable rules are express in stating that trial de novo is “a new trial in which the entire case is presented as if there had been no previous trial.”
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