Texas Department of Public Safety v. Danish Mahmood Shaikh, Licensee, 2013 Tex. App. LEXIS 887

Shaikh's concealed handgun license (CHL) was revoked; he requested a hearing before a justice court; the Department petitioned for revocation; the justice court held a hearing; the Department prevailed on the merits but the county court at law later dismissed for lack of jurisdiction over timing deadlines; Shaikh argued the statutory deadlines in Govt. Code §411.180(b) were mandatory and deprived court review when not met; the county court found the sixty-day provision mandatory and jurisdictional and dismissed the case; the district court reversed the dismissal and ordered a trial de novo.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §411.180(b)'s sixty-day hearing timing is mandatory or directory	Department contends the sixty-day timing is directory	Shaikh contends the timing is mandatory and noncompliance affects jurisdiction	Directory, not jurisdictional

Texas Dep't of Pub. Safety v. Forsgard, 108 S.W.3d 344 (Tex. App.—Tyler 2003) (timing provision treated as directory; no explicit consequences for noncompliance)
Guerra v. Texas Dep't of Pub. Safety, 970 S.W.2d 645 (Tex. App.—Austin 1998) (absence of consequences for noncompliance suggests non-jurisdictional reading)
Wilkins v. Helena Chem. Co., 47 S.W.3d 486 (Tex. 2001) (mandatory language with noncompliance consequences analyzed; often directory without jurisdictional effect)
City of DeSoto v. White, 288 S.W.3d 389 (Tex. 2009) (explicit jurisdictional analysis absence/nonexistence of penalties informs directory vs. jurisdictional distinction)
Tex. Dep’t of Pub. Safety v. Guerra, 970 S.W.2d 645 (Tex. App.—Austin 1998) (nonjurisdictional view when no consequences for noncompliance)
City of Rockwall v. Hughes, 246 S.W.3d 621 (Tex. 2008) (statutory words construed; ordinary meaning; consequences of construction)