Section 247.097 - Court Vacating Order(a) On a finding described by Subsection (b), a court shall: (1) on application of a facility, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department; or(2) on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of a facility.(b) A court shall vacate an arbitrator's order under Subsection (a) only on a finding that: (1) the order was procured by corruption, fraud, or misrepresentation;(2) the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or(3) the order exceeded the jurisdiction of the arbitrator under Section 247.094(a).(c) If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.(d) A suit to vacate an arbitrator's order must be filed not later than the 30th day after:(1) the date of the award; or(2) the date the facility or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.(e) Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.Tex. Health and Safety Code § 247.097
Added by Acts 2013, 83rd Leg. - Regular Session, ch. 218,Sec. 2, eff. 9/1/2013.