Sec. 36.413. DECISION; WHEN FINAL    


Latest version.
  • (a) A decision by the board on a permit or permit amendment application is final:

    (1) if a request for rehearing is not filed on time, on the expiration of the period for filing a request for rehearing; or

    (2) if a request for rehearing is filed on time, on the date:

    (A) the board denies the request for rehearing; or

    (B) the board renders a written decision after rehearing.

    (b) Except as provided by Subsection (c), an applicant or a party to a contested hearing may file a suit against the district under Section 36.251 to appeal a decision on a permit or permit amendment application not later than the 60th day after the date on which the decision becomes final.

    (c) An applicant or a party to a contested hearing may not file suit against the district under Section 36.251 if a request for rehearing was not filed on time.

Added by Acts 2005, 79th Leg., Ch. 970 , Sec. 17, eff. September 1, 2005.