Texas § LG.158.0121 - REVIEW UNDER SUBSTANTIAL EVIDENCE RULE

§ LG.158.0121. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE

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. Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1, 1997.