Where Your Case Is Heard
Filing From San Antonio: Where It Goes, Who Decides It, and Which Courthouse You Never See
The question San Antonio drivers ask first is whether a lemon law claim means a day at the courthouse on Dolorosa. It does not. A Texas lemon law claim is an administrative complaint before it is anything else, filed online, and almost all of it happens on paper. What matters before you start is where each stage physically sits, because for a Bexar County driver the answer changes from stage to stage, and two of them are right here in the city.
Stage One Is in San Antonio: the Repair Record
Everything that decides your claim is created here, in a service drive somewhere in Bexar County. The repair orders, the dates, the odometer readings, the loaner paperwork. A claim is won or lost on those documents long before anyone in Austin reads them, and there is no state record running alongside them any more. Since 1 January 2025 a non-commercial Texas vehicle no longer gets an annual safety inspection, so the only dated third-party record of your vehicle's condition is the one your dealer writes. Ask for a printed copy of every repair order before you leave, and check that the odometer reading is on it.
Stage Two Is in Austin, and It Is Online
The complaint goes to the Texas Department of Motor Vehicles, not to a Bexar County clerk. Filing is through TxDMV's online complaint application and the $35 statutory fee is taken at submission. Section 2301.712(a) sets that at thirty-five dollars for a Subchapter M complaint against two hundred for anything else, and § 2301.712(b) makes the non-prevailing party reimburse it, which in practice means the thirty-five dollars is added back into a successful repurchase total. Two things to know before you sit down to file: there is no downloadable complaint form any more, and the online application cannot be saved and resumed. Have every document and the payment ready in one sitting.
Stage Three Is Mediation, and Plenty of Claims End There
Before any hearing, a TxDMV staff case advisor is assigned and mediation is mandatory and nonbinding. Section 2301.160 tolls the chapter's time limits while required mediation is pending, so the clock is not running against you while it happens. Nobody travels for this.
Stage Four Comes Back to San Antonio, and You Bring the Car
If mediation does not resolve the complaint, the hearing does not happen in Austin. TxDMV's Office of Administrative Hearings holds hearings around the state and says so plainly: “OAH attempts to set the hearing in a location near the Complainant's home,” and “All hearings are scheduled for four hours and are conducted in or near the complainant's city of residence.” The department lists seven main hearing locations, and San Antonio is one of them. The others are Austin, Carrollton, Corpus Christi, Fort Worth, Houston and Pharr. The examiners are based in Austin and travel to hold the hearings. Bring the vehicle: TxDMV's own rules generally require the complainant to bring the subject vehicle to the hearing so it can be inspected and test driven, unless the examiner excuses it for good cause. The person deciding your case will, in the ordinary run of things, drive your car.
A hearings examiner, not a judge and not a jury
Section 2301.704(a) sends most Chapter 2301 hearings to an administrative law judge at the State Office of Administrative Hearings, but subsection (a-1) carves Subchapter M out and requires a hearings examiner instead, and subsection (c) says that examiner “shall issue a final order.” A hearings examiner is a TxDMV employee and a licensed Texas attorney. The examiner can put witnesses on oath, subpoena them and compel documents. It is a final order, not a recommendation somebody else signs off.
Stage five is Travis County, and this is the one people get wrong
If the final order goes against you, § 2301.609(a) gives judicial review “under the substantial evidence rule in a district court of Travis County.” Not Bexar County. Government Code § 2001.176(b)(1) says the same thing for contested cases generally, and § 2001.176(a) gives you until the 30th day after the order is final and appealable to file the petition.
So a San Antonio lemon law claim that goes all the way ends up eighty miles north of San Antonio, in a courthouse most Bexar County drivers will never otherwise visit. Georgia leaves venue to its ordinary rules and gives you a fresh trial; Florida gives a trial de novo in the consumer's own county if the consumer chooses it. Texas gives one county for the whole state and a deferential standard of review. That is why the hearing is the main event and the appeal usually is not.
And the appeal after that never reaches San Antonio's own appellate court
Bexar County sits inside the Fourth Court of Appeals District, which Government Code § 22.201(e) composes of thirty-two counties, and the Fourth Court sits in San Antonio. A lemon law order will not go there. Government Code § 22.220(d)(1) gives the Fifteenth Court of Appeals exclusive intermediate appellate jurisdiction over civil matters brought by or against a state agency, and § 22.201(p) composes that district of every county in the state. TxDMV is a state agency, so the road out of a Travis County district court runs to the Fifteenth Court in Austin.
There is a second judicial review provision in the chapter, and it is easy to read the wrong one. Section 2301.751(a), the chapter-wide judicial review provision, lets a party go either to a Travis County district court or directly to the Fifteenth Court of Appeals. That is the route for a warranty performance complaint under § 2301.204 and for dealer licensing matters. It is not the route for a lemon law claim. Subchapter M has its own provision, § 2301.609(a), and it names one forum: a district court of Travis County. TxDMV's own hearings page still describes that alternative route as going to the “Third Court of Appeals,” which the Legislature changed to the Fifteenth in 2023. Read the section, not the webpage.
Rehearing and judicial review: the day counts, and where they come from
Section 2301.609 sets the venue and the standard but states no number of days. The counts come from Government Code Chapter 2001, the Administrative Procedure Act, which § 2301.609(b) expressly incorporates.
- A motion for rehearing is due by the 25th day after the decision or order is signed, under Government Code § 2001.146(a). Section 2301.713(a) sends you to Chapter 2001 for the procedure, and § 2301.713(c) requires the motion to be filed with the chief hearings examiner.
- A reply to that motion is due by the 40th day after the order is signed, under § 2001.146(b).
- The agency must act on the motion by the 55th day, under § 2001.146(c), or it is overruled by operation of law. Extensions are possible, never past the 100th day.
- A petition for judicial review is due by the 30th day after the order becomes final and appealable, under Government Code § 2001.176(a), in a Travis County district court, on the substantial evidence standard.
- Government Code § 2001.145(a) makes a timely motion for rehearing a prerequisite to an appeal in a contested case, subject to the exceptions that section names. Whether that applies to a Subchapter M order is a question to put to a Texas-admitted attorney on your own facts before you rely on either answer.
A rehearing motion has to be specific. It must identify with particularity the findings of fact or conclusions of law complained of, and any evidentiary or legal ruling said to be wrong.
The Bexar County courts a warranty case can actually reach, and the federal one
A lemon law order is not the only route a San Antonio driver has, and the alternatives do sit in Bexar County.
Justice courts. Government Code § 27.031(a)(1) gives a Texas justice court original jurisdiction where the amount in controversy is not more than $20,000, exclusive of interest. Bexar County's justice courts sit across the county's precincts, and a corporation does not need a lawyer to appear in one under § 27.031(d). For a small out-of-pocket warranty dispute that ceiling is often enough.
District and county courts at law. A larger warranty suit, or a Deceptive Trade Practices Act claim against the manufacturer, is filed in Bexar County's civil district courts or its statutory county courts at law, downtown. Bexar County runs 27 district courts, 14 of them civil, and 15 county courts at law.
Federal court. A Magnuson-Moss claim can be filed in the Western District of Texas, and 28 U.S.C. § 124(d)(4) composes the San Antonio Division of Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real and Wilson counties, fourteen counties, with court held at San Antonio. The district clerk's San Antonio office is at 262 West Nueva Street, Room 1-400. Federal court stays the exception: 15 U.S.C. § 2310(d)(3) bars a Magnuson-Moss claim from federal court unless the amount in controversy reaches $50,000 exclusive of interests and costs, and most single-vehicle claims do not reach it. The fee-shifting provision in § 2310(d)(2) applies just the same in a Texas state court.
Exhaustion, and the door the DTPA opens afterwards
Section 2301.607(a) makes exhaustion mandatory: no refund or replacement under the subchapter without going through TxDMV first. Section 2301.607(b) then splits the difference. The subchapter's remedy is not available against a seller under Business & Commerce Code chapter 2 or 17, but it is available against a manufacturer, converter or distributor in a Chapter 17 DTPA action, after exhaustion.
If that door opens, the DTPA brings its own rules with it. Section 17.505(a) requires 60 days' written notice before filing suit, setting out the complaint in reasonable detail and the amount claimed. Section 17.50(b)(1) allows economic damages, and up to three times economic damages where the trier of fact finds the conduct was committed knowingly. Section 17.565 gives a two-year limitation from the act or from the date the consumer discovered it, or reasonably should have, extendable by 180 days in the narrow case that section describes. A straight breach-of-warranty claim runs on a different clock again: Business & Commerce Code § 2.725(a) gives four years, and subsection (b) says the cause of action accrues on tender of delivery unless the warranty explicitly extends to future performance.
The 150th day, and what happens on the 151st
Section 2301.607(c) puts a limit on how long TxDMV can take. If it has not issued a final order before the 151st day after your complaint was filed, it shall send written notice by certified mail to you and to the manufacturer, converter or distributor, stating that the 150-day period has expired and that you have the right to file a civil action. Section 2301.607(d) then lets you sue any person named in the complaint, the exhaustion requirement notwithstanding, and § 2301.607(e) adds that a failure to send the notice does not affect that right. The department must extend the 150 days where the delay was your doing.
Three possible defendants, and one of them is a Texas invention
Section 2301.603(a) names the manufacturer, converter or distributor. “Converter” is a Texas concept, defined in § 2301.002 as someone who, before the retail sale, assembles, installs or affixes a body, cab or special equipment to a chassis. On an upfitted work truck, a service van or a motorhome that is a genuinely different defendant from the chassis manufacturer, and TxDMV's own filing form asks for a copy of your notice letter to the converter or distributor where one applies.
The two dates that close a San Antonio claim
Neither of them moves, and neither of them is the date you bought the car:
- The rights period. Section 2301.605(a)(1)(B): 24 months or 24,000 miles from original delivery, whichever comes first. Your repair attempts have to fall inside it. In Bexar County the miles usually get there first.
- Six months after that. Section 2301.606(d): six months after the earliest of your express warranty expiring, 24 months passing, or 24,000 miles passing. Whichever arrived first is the one that started your six months.
If you are anywhere near either date, do not wait to organize your paperwork first. We date the rights period from the delivery record rather than from memory, which is usually where the confusion starts.
Not sure which of your three clocks started the six months, or which of the three tests your record clears? We work that out first, at no cost.
- Bring your repair invoices and the dates. That is usually enough to see whether your record clears the four-times, the two-attempt safety or the 30-day route.
- You speak with the people who would work the file, not an intake desk.
- The six months under § 2301.606(d) is already running while the paperwork gets sorted out. Waiting is not free here.
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