§ 401.240 — JUDICIAL REVIEW.

Texas § 401.240

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 401.240. JUDICIAL REVIEW. (a) Notwithstanding any other law, a person affected by an action of the commission under this subchapter may file a petition for judicial review of the action only after the commission takes final action on a license application under Section 401.239 (d). A petition must be filed not later than the 30th day after the date of the final action.
(b) In its review of an action under this subchapter, a court may not substitute its judgment for the judgment of the commission on the weight of the evidence the commission considered, but:
(1) may affirm the action in whole or in part; and
(2) shall reverse or remand the case for further proceedings if substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions:
(A) are in violation of a constitutional or statutory provision;
(B) are in excess of the commission's statutory authority;
(C) are made through unlawful procedure;
(D) are affected by other error of law;
(E) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or
(F) are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Legislative History

Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.