Tex.
Gov't Code Section 545.0154
Judicial Review
(a)
An appeal of a decision made by a hearing officer for the commission or a health and human services agency related to public assistance benefits brought by an applicant for or recipient of the benefits:(1)
is governed by Subchapters G and H, Chapter 2001 (Administrative Procedure), except as provided by this subchapter; and(2)
takes precedence over all civil cases except workers’ compensation and unemployment compensation cases.(b)
For purposes of Section 2001.171 (Judicial Review), an applicant for or recipient of public assistance benefits has exhausted all available administrative remedies and a decision, including a decision under Section 31.034 (Appeal from Local Eligibility Offices) or 32.035 (Appeals), Human Resources Code, is final and appealable on the date that, after a hearing:(1)
the hearing officer for the commission or a health and human services agency reaches a final decision related to the benefits; and(2)
the appropriate attorney completes an administrative review of the decision and notifies the applicant or recipient in writing of the results of that review.(c)
For purposes of Section 2001.171 (Judicial Review), an applicant for or recipient of public assistance benefits is not required to file a motion for rehearing with the commission or a health and human services agency, as applicable.(d)
Notwithstanding Section 2001.177 (Cost of Preparing Agency Record), the cost of preparing the record and transcript of a hearing described by Section 545.0152 (Electronic Recording of Hearing) that is required to be sent to a reviewing court may not be charged to the applicant for or recipient of the public assistance benefits.(e)
Judicial review of a decision described by Subsection (a) is:(1)
instituted by filing a petition with a district court in Travis County, as provided by Subchapter G (Judicial Review), Chapter 2001 (Administrative Procedure); and(2)
under the substantial evidence rule.(f)
The appellee is the commission.
Source:
Section 545.0154 — Judicial Review, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.545.htm#545.0154 (accessed Jun. 5, 2024).
