Texas § HS.361.321 - APPEALS

§ HS.361.321. APPEALS

APPEALS. (a) A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a district court of Travis County in the time required by Section 5.351 , Water Code. (b) A person affected by a ruling, order, decision, or other act of a county, or of a political subdivision exercising the authority granted by Section 361.165 , may appeal by filing a petition in a district court with jurisdiction in the county or political subdivision. (c) A petition described by Subsection (b) must be filed not later than the 30th day after the date of the ruling, order, decision, or other act of the governmental entity whose action is appealed. Service of citation of the petition must be accomplished not later than the 30th day after the date on which the petition is filed. (d) The plaintiff shall pursue the action with reasonable diligence. The court shall presume that the action has been abandoned if the plaintiff does not prosecute the action within one year after it is filed and shall dismiss the suit on a motion for dismissal made by the governmental entity whose action is appealed unless the plaintiff, after receiving notice, can show good and sufficient cause for the delay. (e) Except as provided by Section 361.322 (e), in an appeal from an action of the commission, a county, or a political subdivision exercising the authority granted by Section 361.165 , the issue is whether the action is invalid, arbitrary, or unreasonable. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 28, eff. Sept. 6, 1990; Acts 1995, 74th Leg., ch. 76, Sec. 11.71, eff. Sept. 1, 1995. Amended by: Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211 ), Sec. 1, eff. September 1, 2021.