Sec. 1001.461. JUDICIAL REVIEW

(a) A decision under Section 1001.460 may be appealed to a district court in Travis County.

(b) Unless stayed by the court on a showing of good cause, the commissioner's decision may not be superseded during appeal.

(c) On filing the appeal, citation shall be served on the commissioner, who shall make a complete record of all proceedings before the commissioner and certify a copy to the court.

(d) Trial is before the court and shall be based on the record before the commissioner. The court shall make its decision based on the record. The court shall affirm the commissioner's decision if the court finds substantial evidence in the record to support the decision, unless the court finds the commissioner's decision to be:

(1) arbitrary and capricious;

(2) in violation of the constitution or a law of the United States or this state; or

(3) in violation of a rule adopted by the commissioner under this chapter.

(e) A decision of the court is subject to appeal in the manner provided for civil actions generally.

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.