Art. 56.48. JUDICIAL REVIEW. (a) Not later than the 40th day after the attorney general renders a final decision, a claimant or victim may file with the attorney general a notice of dissatisfaction with the decision. Not later than the 40th day after the claimant or victim gives notice, the claimant or victim shall bring suit in the district court having jurisdiction in the county in which:
(1) the injury or death occurred;
(2) the victim resided at the time the injury or death occurred; or
(3) if the victim resided out of state at the time of the injury or death, in the county where the injury or death occurred or in a district court of Travis County.
(b) While judicial review of a decision by the attorney general is pending, the attorney general:
(1) shall suspend payments to the claimant or victim; and
(2) may not reconsider the award.
(c) The court shall determine the issues by trial de novo. The burden of proof is on the party who filed the notice of dissatisfaction.
(d) A court may award not more than 25 percent of the total recovery by the claimant or victim for attorney fees in the event of review.
(e) In computing a period under this article, if the last day is a legal holiday or Sunday, the last day is not counted, and the time is extended to include the next business day.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997.
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