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Tex. Loc. Gov't Code § 158.0121

REVIEW UNDER SUBSTANTIAL EVIDENCE RULE

Applied in 2 court decisions — leading case Bustamante v. Bexar County Sheriff's Civil Service Commission (2000)

Most recently applied in Parks v. Harris County Civil Service Commission (February 2006)

Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff

In an appeal under Section 158.012, the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission's discretion but:

(1) may affirm the commission's decision 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 commission's findings, inferences, conclusions, or decisions are:

(A) in violation of a constitutional or statutory provision;

(B) in excess of the commission's authority;

(C) made through unlawful procedure;

(D) affected by other error of law;

(E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or

(F) arbitrary or capricious, characterized by abuse of discretion, or clearly an 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.