Tex.
Health & Safety Code Section 401.240
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 (Contested Case; Final Action on Application)(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.
Source:
Section 401.240 — Judicial Review, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.401.htm#401.240 (accessed Jun. 5, 2024).
