Texas § HS.401.240 - JUDICIAL REVIEW

§ HS.401.240. JUDICIAL REVIEW

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