Tex. Gov't Code Section 2001.175
Procedures for Review Under Substantial Evidence Rule or Undefined Scope of Review


(a)

The procedures of this section apply if the manner of review authorized by law for the decision in a contested case that is the subject of complaint is other than by trial de novo.

(b)

After service of the petition on a state agency and within the time permitted for filing an answer or within additional time allowed by the court, the agency shall send to the reviewing court the original or a certified copy of the entire record of the proceeding under review. The record shall be filed with the clerk of the court. The record may be shortened by stipulation of all parties to the review proceedings. The court may assess additional costs against a party who unreasonably refuses to stipulate to limit the record, unless the party is subject to a rule adopted under Section 2001.177 (Cost of Preparing Agency Record) requiring payment of all costs of record preparation. The court may require or permit later corrections or additions to the record.

(c)

A party may apply to the court to present additional evidence. If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the state agency, the court may order that the additional evidence be taken before the agency on conditions determined by the court. The agency may change its findings and decision by reason of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court.

(d)

The party seeking judicial review shall offer, and the reviewing court shall admit, the state agency record into evidence as an exhibit.

(e)

A court shall conduct the review sitting without a jury and is confined to the agency record, except that the court may receive evidence of procedural irregularities alleged to have occurred before the agency that are not reflected in the record.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Source: Section 2001.175 — Procedures for Review Under Substantial Evidence Rule or Undefined Scope of Review, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2001.­htm#2001.­175 (accessed Nov. 25, 2023).

2001.001
Purpose
2001.002
Short Title
2001.003
Definitions
2001.004
Requirement to Adopt Rules of Practice and Index Rules, Orders, and Decisions
2001.005
Rule, Order, or Decision Not Effective Until Indexed
2001.006
Actions Preparatory to Implementation of Statute or Rule
2001.007
Certain Explanatory Information Made Available Through Internet
2001.021
Petition for Adoption of Rules
2001.022
Local Employment Impact Statements
2001.023
Notice of Proposed Rule
2001.024
Content of Notice
2001.025
Effective Date of Notice
2001.026
Notice to Persons Requesting Advance Notice of Proposed Rules
2001.027
Withdrawal of Proposed Rule
2001.028
Notice of Proposed Law Enforcement Rules
2001.029
Public Comment
2001.030
Statement of Reasons for or Against Adoption
2001.031
Informal Conferences and Advisory Committees
2001.032
Legislative Review
2001.033
State Agency Order Adopting Rule
2001.034
Emergency Rulemaking
2001.035
Substantial Compliance Requirement
2001.036
Effective Date of Rules
2001.037
Official Text of Rule
2001.038
Declaratory Judgment
2001.039
Agency Review of Existing Rules
2001.040
Scope and Effect of Order Invalidating Agency Rule
2001.041
Compliance with Law on Decentralization
2001.0045
Requirement for Rule Increasing Costs to Regulated Persons
2001.051
Opportunity for Hearing and Participation
2001.052
Contents of Notice
2001.053
Right to Counsel
2001.054
Licenses
2001.055
Interpreters for Deaf or Hearing Impaired Parties and Witnesses
2001.056
Informal Disposition of Contested Case
2001.057
Continuances
2001.058
Hearing Conducted by State Office of Administrative Hearings
2001.059
Transcript
2001.060
Record
2001.061
Ex Parte Consultations
2001.062
Examination of Record by State Agency
2001.081
Rules of Evidence
2001.082
Exclusion of Evidence
2001.083
Privilege
2001.084
Objections to Evidence
2001.085
Written Evidence
2001.086
Documentary Evidence
2001.087
Cross-examination
2001.088
Witnesses
2001.089
Issuance of Subpoena
2001.090
Official Notice
2001.091
Discovery from Parties: Orders for Production or Inspection
2001.092
Discovery from Parties: Identity of Witness or Potential Party
2001.093
Discovery from Parties: Copy of Previous Statement
2001.094
Issuance of Commission Requiring Deposition
2001.095
Deposition of State Agency Board Member
2001.096
Place of Deposition
2001.097
Objections to Deposition Testimony
2001.098
Preparation of Deposition
2001.099
Submission of Deposition to Witness
2001.100
Return of Deposition to State Agency
2001.101
Opening of Deposition by State Agency Employee
2001.102
Use of Deposition
2001.103
Expenses of Witness or Deponent
2001.121
Statement or Testimony by Certain Child Abuse Victims
2001.122
Hearsay Statement of Child Abuse Victim
2001.141
Form of Decision
2001.142
Notification of Decisions and Orders
2001.143
Time of Decision
2001.144
Decisions or Orders
2001.145
Motions for Rehearing: Prerequisites to Appeal
2001.146
Motions for Rehearing: Procedures
2001.147
Agreement to Modify Time Limits
2001.171
Judicial Review
2001.172
Scope of Judicial Review
2001.173
Trial De Novo Review
2001.174
Review Under Substantial Evidence Rule or Undefined Scope of Review
2001.175
Procedures for Review Under Substantial Evidence Rule or Undefined Scope of Review
2001.176
Petition Initiating Judicial Review
2001.177
Cost of Preparing Agency Record
2001.178
Cumulative Effect
2001.201
Court Enforcement of Subpoena or Commission
2001.202
Court Enforcement of Final Orders, Decisions, and Rules
2001.0221
Government Growth Impact Statements
2001.221
Driver’s Licenses
2001.222
State Agency Personnel Rules and Practices
2001.223
Exceptions from Declaratory Judgment, Court Enforcement, and Contested Case Provisions
2001.224
Texas Employment Commission
2001.225
Certain Alcoholic Beverage Code Appeals
2001.0225
Regulatory Analysis of Major Environmental Rules
2001.226
Texas Department of Criminal Justice and Texas Board of Criminal Justice
2001.227
Texas Civil Commitment Office
2001.0261
Notice to Certain Persons
2001.901
Appeal from District Court
2001.902
Saving Clause
2001.903
Recovery of Attorney’s Fees and Costs in Contested Cases Involving Frivolous Regulatory Action
2001.1775
Modification of Agency Findings or Decision

Accessed:
Nov. 25, 2023

§ 2001.175’s source at texas​.gov