Section 401.240 - Judicial Review(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.Tex. Health and Safety Code § 401.240
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. 9/1/2003.