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Tex. Health & Safety Code § 401.240

JUDICIAL REVIEW

Known as the Texas Radiation Control Act

The act spans §§ 401–401 (189 sections).

Applied in 1 court decision — leading case the Texas Commission on Environmental Quality and Waste Control Specialists, LLC v. Sierra Club (2014)

Most recently applied in the Texas Commission on Environmental Quality and Waste Control Specialists, LLC v. Sierra Club (December 2014)

Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff

(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(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.