Texas § 158.0121 REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.

Texas Statutes

§ 158.0121 — REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.

Texas § 158.0121

Code LGLocal Government Code

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Bluebook

Tex. Local Government Code Code Ann. § 158.0121 (2026).

Text

Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In an appeal under Section 158.012 , the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission's discretion but:

(1)may affirm the commission's decision 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 commission's findings, inferences, conclusions, or decisions are:

(A)in violation of a constitutional or statutory provision;

(B)in excess of the commission's authority;

(C)made through unlawful procedure;

(D)affected by other error of law;

(E)not reasonably supported by substantial evidence considering the reliable and probat

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Sec. 158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE. In an appeal under Section 158.012 , the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission's discretion but:
(1) may affirm the commission's decision 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 commission's findings, inferences, conclusions, or decisions are:
(A) in violation of a constitutional or statutory provision;
(B) in excess of the commission's authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or
(F) arbitrary or capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion.