reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.088. Witnesses

Sec. 2001.088.  WITNESSES.  A state agency may swear witnesses and take their testimony under oath in connection with a contested case held under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.089. Issuance of Subpoena

Sec. 2001.089.  ISSUANCE OF SUBPOENA.  On its own motion or on the written request of a party to a contested case pending before it, a state agency shall issue a subpoena addressed to the sheriff or to a constable to require the attendance of a witness or the production of books, records, papers, or other objects that may be necessary and proper for the purposes of a proceeding if:
(1)  good cause is shown;  and
(2)  an amount is deposited that will reasonably ensure payment of the amounts estimated to accrue under Section 2001.103.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.090. Official Notice; State Agency Evaluation of Evidence

Sec. 2001.090.  OFFICIAL NOTICE;  STATE AGENCY EVALUATION OF EVIDENCE.  (a)  In connection with a hearing held under this chapter, official notice may be taken of:
(1)  all facts that are judicially cognizable;  and
(2)  generally recognized facts within the area of the state agency's specialized knowledge.
(b)  Each party shall be notified either before or during the hearing, or by reference in a preliminary report or otherwise, of the material officially noticed, including staff memoranda or information.
(c)  Each party is entitled to be given an opportunity to contest material that is officially noticed.
(d)  The special skills or knowledge of the state agency and its staff may be used in evaluating the evidence.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.091. Discovery From Parties: Orders for Production or Inspection

Sec. 2001.091.  DISCOVERY FROM PARTIES:  ORDERS FOR PRODUCTION OR INSPECTION.  (a)  On the motion of a party, on notice to each other party, and subject to limitations of the kind provided for discovery under the Texas Rules of Civil Procedure, a state agency in which a contested case is pending may order a party:
(1)  to produce and to permit the party making the motion or a person on behalf of that party to inspect and to copy or photograph a designated document, paper, book, account, letter, photograph, or tangible thing in the party's possession, custody, or control that:
(A)  is not privileged;  and
(B)  constitutes or contains, or is reasonably calculated to lead to the discovery of, evidence that is material to a matter involved in the contested case;  and
(2)  to permit entry to designated land or other property in the party's possession or control to inspect, measure, survey, or photograph the property or a designated object or operation on the property that may be material to a matter involved in the contested case.
(b)  An order under this section:
(1)  must specify the time, place, and manner of making the inspection, measurement, or survey or of making copies or photographs;  and
(2)  may prescribe other terms and conditions that are just.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.092. Discovery From Parties: Identity of Witness or Potential Party; Expert Reports

Sec. 2001.092.  DISCOVERY FROM PARTIES:  IDENTITY OF WITNESS OR POTENTIAL PARTY;  EXPERT REPORTS.  (a)  The identity and location of a potential party or witness in a contested case may be obtained from a communication or other paper in a party's possession, custody, or control.
(b)  A party may be required to produce and permit the inspection and copying of a report, including factual observations and opinions, of an expert who will be called as a witness.
(c)  This section does not extend to other communications:
(1)  made after the occurrence or transaction on which the contested case is based;
(2)  made in connection with the prosecution, investigation, or defense of the contested case or the circumstances from which the case arose;  and
(3)  that are:
(A)  written statements of witnesses;
(B)  in writing and between agents, representatives, or employees of a party;  or
(C)  between a party and the party's agent, representative, or employee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.093. Discovery From Parties: Copy of Previous Statement

Sec. 2001.093.  DISCOVERY FROM PARTIES:  COPY OF PREVIOUS STATEMENT.  (a)  On request, a person, including a person who is not a party, is entitled to obtain a copy of a statement in a party's possession, custody, or control that the person has previously made about the contested case or its subject matter.
(b)  A person whose request under Subsection (a) is refused may move for a state agency order under Section 2001.091.
(c)  In this section, a statement is considered to be previously made if it is:
(1)  a written statement signed or otherwise adopted or approved by the person making it;  or
(2)  a stenographic, mechanical, electrical, or other recording, or a transcription of the recording, which is a substantially verbatim recital of an oral statement by the person making it and that was contemporaneously recorded.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.094. Issuance of Commission Requiring Deposition

Sec. 2001.094.  ISSUANCE OF COMMISSION REQUIRING DEPOSITION.  (a)  On its own motion or on the written request of a party to a contested case pending before it, and on deposit of an amount that will reasonably ensure payment of the amount estimated to accrue under Section 2001.103, a state agency shall issue a commission, addressed to the officers authorized by statute to take a deposition, requiring that the deposition of a witness be taken.
(b)  The commission shall authorize the issuance of any subpoena necessary to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purpose of the proceeding.
(c)  The commission shall require an officer to whom it is addressed to:
(1)  examine the witness before the officer on the date and at the place named in the commission;  and
(2)  take answers under oath to questions asked the witness by a party to the proceeding, the state agency, or an attorney for a party or the agency.
(d)  The commission shall require the witness to remain in attendance from day to day until the deposition is begun and completed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.095. Deposition of State Agency Board Member

Sec. 2001.095.  DEPOSITION OF STATE AGENCY BOARD MEMBER.  The deposition of a member of a state agency board may not be taken after a date has been set for hearing in a contested case.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.096. Place of Deposition

Sec. 2001.096.  PLACE OF DEPOSITION.  A deposition in a contested case shall be taken in the county where the witness:
(1)  resides;
(2)  is employed;  or
(3)  regularly transacts business in person.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.097. Objections to Deposition Testimony

Sec. 2001.097.  OBJECTIONS TO DEPOSITION TESTIMONY.  (a)  The officer taking an oral deposition in a contested case may not:
(1)  sustain an objection to the testimony taken;  or
(2)  exclude testimony.
(b)  An objection to deposition testimony is reserved for the action of the state agency before which the matter is pending.
(c)  The administrator or other officer conducting the contested case hearing may consider objections other than those made at the taking of the testimony.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.098. Preparation of Deposition

Sec. 2001.098.  PREPARATION OF DEPOSITION.  (a)  A deposition witness in a contested case shall be carefully examined.
(b)  The testimony shall be reduced to writing or typewriting by the officer taking the deposition, a person under the officer's personal supervision, or the deposition witness in the officer's presence.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.099. Submission of Deposition to Witness; Signature

Sec. 2001.099.  SUBMISSION OF DEPOSITION TO WITNESS;  SIGNATURE.  (a)  A deposition in a contested case shall be submitted to the witness for examination after the testimony is fully transcribed and shall be read to or by the witness.
(b)  The witness and the parties may waive in writing the examination and reading of a deposition under Subsection (a).
(c)  If the witness is a party to the contested case pending before the agency with an attorney of record, the deposition officer shall notify the attorney of record in writing by registered or certified mail that the deposition is ready for examination and reading at the office of the deposition officer and that if the witness does not appear and examine, read, and sign the deposition before the 21st day after the date on which the notice is mailed, the deposition shall be returned as provided by this subchapter for unsigned depositions.
(d)  A witness must sign a deposition at least three days before the date of the hearing or the deposition shall be returned as an unsigned deposition as provided by this subchapter.
(e)  The officer taking a deposition shall enter on the deposition:
(1)  a change in form or substance that the witness desires to make;  and
(2)  a statement of the reasons given by the witness for making the change.
(f)  After the deposition officer has entered any change and a statement of reasons for the change on the deposition under Subsection (e), the witness shall sign the deposition unless:
(1)  the parties present at the taking of the deposition by stipulation waive the signing;
(2)  the witness is ill;
(3)  the witness cannot be found;  or
(4)  the witness refuses to sign.
(g)  If a deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the witness's waiver, illness, absence, or refusal to sign and the reason given, if any, for failure to sign.  The deposition may then be used as though signed by the witness.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.100. Return of Deposition to State Agency

Sec. 2001.100.  RETURN OF DEPOSITION TO STATE AGENCY.  (a)  A deposition may be returned to the state agency before which the contested case is pending by mail or by a party interested in taking the deposition or another person.
(b)  For a deposition returned by mail, the state agency shall:
(1)  endorse on the deposition the fact that it was received from the post office;  and
(2)  have it signed by the agency employee receiving the deposition.
(c)  For a deposition returned by means other than mail, the person delivering it to the state agency shall execute an affidavit before the agency stating that:
(1)  the person received it from the hands of the officer before whom it was taken;
(2)  it has not been out of the person's possession since the person received it;  and
(3)  it has not been altered.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.101. Opening of Deposition by State Agency Employee

Sec. 2001.101.  OPENING OF DEPOSITION BY STATE AGENCY EMPLOYEE.  (a)  At the request of a party or the party's counsel, a deposition in a contested case that is filed with a state agency may be opened by an employee of the agency.
(b)  A state agency employee who opens a deposition shall:
(1)  endorse on the deposition the day and at whose request it was opened;  and
(2)  sign the deposition.
(c)  The deposition shall remain on file with the state agency for the inspection of any party.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter D. Contested Cases: Evidence, Witnesses, and Discovery › Section 2001.102. Use of Deposition

Sec. 2001.102.  USE OF DEPOSITION.  A party is entitled to use a deposition taken under this subchapter in the contested case pending before the state agency without regard to whether a cross-interrogatory has been propounded.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter E. Contested Cases: Testimony of Child › Section 2001.122. Hearsay Statement of Child Abuse Victim

Sec. 2001.122.  HEARSAY STATEMENT OF CHILD ABUSE VICTIM.  (a)  This section applies:
(1)  to a proceeding held under this chapter or a judicial review of a final decision under this chapter, whether by trial de novo or under the substantial evidence rule, in which an issue is the abuse of a child 12 years of age or younger;  and
(2)  only to a statement that describes an alleged incident of child abuse that:
(A)  was made by the child who is the alleged victim of the incident;  and
(B)  was made to the first individual 18 years of age or older, other than the individual accused of abuse, to whom the child made a statement about the incident.
(b)  A statement that meets the requirements of Subsection (a)(2) is not inadmissible as hearsay if:
(1)  on or before the seventh day before the date on which the proceeding or hearing begins, the party intending to offer the statement:
(A)  notifies each other party of the party's intention to do so;
(B)  provides each other party with the name of the witness through whom it intends to offer the statement;  and
(C)  provides each other party with a written summary of the statement;
(2)  the presiding official conducting the proceeding finds that the statement is reliable based on the time, content, and circumstances of the statement;  and
(3)  the child who is the alleged victim testifies or is available to testify at the hearing in court, at the proceeding, or in any other manner provided by law.
(c)  The finding required by Subsection (b)(2) shall be made in a hearing conducted outside the presence of the jury, if the hearing is before a jury.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing › Section 2001.141. Form of Decision; Findings of Fact and Conclusions of Law

Sec. 2001.141.  FORM OF DECISION;  FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (a)  A decision or order of a state agency that may become final under Section 2001.144 that is adverse to any party in a contested case must be in writing and signed by a person authorized by the agency to sign the agency decision or order.
(b)  A decision or order that may become final under Section 2001.144 must include findings of fact and conclusions of law, separately stated.
(c)  Findings of fact may be based only on the evidence and on matters that are officially noticed.
(d)  Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(e)  If a party submits under a state agency rule proposed findings of fact or conclusions of law, the decision or order shall include a ruling on each proposed finding or conclusion.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing › Section 2001.143. Time of Decision

Sec. 2001.143.  TIME OF DECISION.  (a)  A decision or order that may become final under Section 2001.144 in a contested case should be signed not later than the 60th day after the date on which the hearing is finally closed.
(b)  In a contested case heard by other than a majority of the officials of a state agency, the agency or the person who conducts the contested case hearing may extend the period in which the decision or order may be signed.
(c)  Any extension shall be announced at the conclusion of the hearing.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing › Section 2001.144. Decisions or Orders; When Final

Sec. 2001.144.  DECISIONS OR ORDERS; WHEN FINAL.  (a)  A decision or order in a contested case is final:
(1)  if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;
(2)  if a motion for rehearing is timely filed, on the date:
(A)  the order overruling the latest filed motion for rehearing is signed; or
(B)  the latest filed motion for rehearing is overruled by operation of law;
(3)  if a state agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision or order is signed, provided that the agency incorporates in the decision or order a factual and legal basis establishing an imminent peril to the public health, safety, or welfare; or
(4)  on:
(A)  the date specified in the decision or order for a case in which all parties agree to the specified date in writing or on the record; or
(B)  if the agreed specified date is before the date the decision or order is signed, the date the decision or order is signed.
(b)  If a decision or order is final under Subsection (a)(3), a state agency must recite in the decision or order the finding made under Subsection (a)(3) and the fact that the decision or order is final and effective on the date signed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 611, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 7, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing › Section 2001.145. Motions for Rehearing: Prerequisites to Appeal

Sec. 2001.145.  MOTIONS FOR REHEARING:  PREREQUISITES TO APPEAL.  (a)  A timely motion for rehearing is a prerequisite to an appeal in a contested case except that a motion for rehearing of a decision or order that is final under Section 2001.144(a)(3) or (4) is not a prerequisite for appeal.
(b)  A decision or order that is final under Section 2001.144(a)(2), (3), or (4) is appealable.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing › Section 2001.147. Agreement to Modify Time Limits

Sec. 2001.147.  AGREEMENT TO MODIFY TIME LIMITS.  The parties to a contested case, with state agency approval, may agree to modify the times prescribed by Sections 2001.143 and 2001.146.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.171. Judicial Review

Sec. 2001.171.  JUDICIAL REVIEW.  A person who has exhausted all administrative remedies available within a state agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.172. Scope of Judicial Review

Sec. 2001.172.  SCOPE OF JUDICIAL REVIEW.  The scope of judicial review of a state agency decision in a contested case is as provided by the law under which review is sought.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.173. Trial De Novo Review

Sec. 2001.173.  TRIAL DE NOVO REVIEW.  (a)  If the manner of review authorized by law for the decision in a contested case that is the subject of complaint is by trial de novo, the reviewing court shall try each issue of fact and law in the manner that applies to other civil suits in this state as though there had not been an intervening agency action or decision but may not admit in evidence the fact of prior state agency action or the nature of that action except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court.
(b)  On demand, a party to a trial de novo review may have a jury determination of each issue of fact on which a jury determination could be obtained in other civil suits in this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.174. Review Under Substantial Evidence Rule or Undefined Scope of Review

Sec. 2001.174.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW.  If the law authorizes review of a decision in a contested case under the substantial evidence rule or if the law does not define the scope of judicial review, a court may not substitute its judgment for the judgment of the state agency on the weight of the evidence on questions committed to agency discretion but:
(1)  may affirm the agency decision in whole or in part;  and
(2)  shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(A)  in violation of a constitutional or statutory provision;
(B)  in excess of the agency's statutory 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 or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.175. Procedures for Review Under Substantial Evidence Rule or Undefined Scope of Review

Sec. 2001.175.  PROCEDURES FOR REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW.  (a)  The procedures of this section apply if the manner of review authorized by law for the decision in a contested case that is the subject of complaint is other than by trial de novo.
(b)  After service of the petition on a state agency and within the time permitted for filing an answer or within additional time allowed by the court, the agency shall send to the reviewing court the original or a certified copy of the entire record of the proceeding under review.  The record shall be filed with the clerk of the court.  The record may be shortened by stipulation of all parties to the review proceedings.  The court may assess additional costs against a party who unreasonably refuses to stipulate to limit the record, unless the party is subject to a rule adopted under Section 2001.177 requiring payment of all costs of record preparation.  The court may require or permit later corrections or additions to the record.
(c)  A party may apply to the court to present additional evidence.  If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the state agency, the court may order that the additional evidence be taken before the agency on conditions determined by the court.  The agency may change its findings and decision by reason of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the reviewing court.
(d)  The party seeking judicial review shall offer, and the reviewing court shall admit, the state agency record into evidence as an exhibit.
(e)  A court shall conduct the review sitting without a jury and is confined to the agency record, except that the court may receive evidence of procedural irregularities alleged to have occurred before the agency that are not reflected in the record.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.176. Petition Initiating Judicial Review

Sec. 2001.176.  PETITION INITIATING JUDICIAL REVIEW.  (a)  A person initiates judicial review in a contested case by filing a petition not later than the 30th day after the date the decision or order that is the subject of complaint is final and appealable.  In a contested case in which a motion for rehearing is a prerequisite for seeking judicial review, a prematurely filed petition is effective to initiate judicial review and is considered to be filed:
(1)  on the date the last timely motion for rehearing is overruled; and
(2)  after the motion is overruled.
(b)  Unless otherwise provided by statute:
(1)  the petition must be filed in a Travis County district court;
(2)  a copy of the petition must be served on the state agency and each party of record in the proceedings before the agency;  and
(3)  the filing of the petition vacates a state agency decision for which trial de novo is the manner of review authorized by law but does not affect the enforcement of an agency decision for which another manner of review is authorized.
(c)  A Travis County district court in which an action is brought under this section, on its own motion or on motion of any party, may request transfer of the action to the Court of Appeals for the Fifteenth Court of Appeals District if the district court finds that the public interest requires a prompt, authoritative determination of the legal issues in the case and the case would ordinarily be appealed.  After filing of the district court's request with the court of appeals, transfer of the action may be granted by the court of appeals if it agrees with the findings of the district court concerning the application of the statutory standards to the action.  On entry of an order by the court of appeals granting transfer, the action is transferred to the court of appeals for decision, and the agency decision in the contested case is subject to judicial review by the court of appeals.  The administrative record and the district court record shall be filed by the district clerk with the clerk of the court of appeals.  The court of appeals may direct the district court to conduct any necessary evidentiary hearings in connection with the action.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 894, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 10, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.11, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.177. Cost of Preparing Agency Record

Sec. 2001.177.  COST OF PREPARING AGENCY RECORD.  (a)  A state agency by rule may require a party who appeals a final decision in a contested case to pay all or a part of the cost of preparation of the original or a certified copy of the record of the agency proceeding that is required to be sent to the reviewing court.
(b)  A charge imposed under this section is a court cost and may be assessed by the court in accordance with the Texas Rules of Civil Procedure.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.1775. Modification of Agency Findings or Decision

Sec. 2001.1775.  MODIFICATION OF AGENCY FINDINGS OR DECISION.  Except as provided by Section 2001.175(c), an agency may not modify its findings or decision in a contested case after proceedings for judicial review of the case have been instituted under Section 2001.176 and during the time that the case is under judicial review.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.21(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter G. Contested Cases: Judicial Review › Section 2001.178. Cumulative Effect

Sec. 2001.178.  CUMULATIVE EFFECT.  This subchapter is cumulative of other means of redress provided by statute.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter H. Court Enforcement › Section 2001.201. Court Enforcement of Subpoena or Commission

Sec. 2001.201.  COURT ENFORCEMENT OF SUBPOENA OR COMMISSION.  (a)  If a person fails to comply with a subpoena or commission issued under this chapter, the state agency issuing the subpoena or commission, acting through the attorney general, or the party requesting the subpoena or commission may bring suit to enforce the subpoena or commission in a district court in Travis County or in the county in which a hearing conducted by the agency may be held.
(b)  A court that determines that good cause exists for the issuance of the subpoena or commission shall order compliance with the subpoena or commission.  The court may hold in contempt a person who does not obey the order.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter H. Court Enforcement › Section 2001.202. Court Enforcement of Final Orders, Decisions, and Rules

Sec. 2001.202.  COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS, AND RULES.  (a)  The attorney general, on the request of a state agency to which it appears that a person is violating, about to violate, or failing or refusing to comply with a final order or decision or an agency rule, may bring an action in a district court authorized to exercise judicial review of the final order or decision or the rule to:
(1)  enjoin or restrain the continuation or commencement of the violation;  or
(2)  compel compliance with the final order or decision or the rule.
(b)  The action authorized by this section is in addition to any other remedy provided by law.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.221. Driver's Licenses

Sec. 2001.221.  DRIVER'S LICENSES.  This chapter does not apply to a suspension, revocation, cancellation, denial, or disqualification of a driver's license or commercial driver's license as authorized by:
(1)  Subchapter N, Chapter 521, Transportation Code, except Sections 521.304 and 521.305 of that subchapter, or by Subchapter O  or P of that chapter;
(2)  Chapter 522, Transportation Code;
(3)  Chapter 601, Transportation Code; or
(4)  Article 42A.406 or 42A.407, Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.22(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.197, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1117, Sec. 7, eff. Sept. 1, 2000.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.62, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.222. State Agency Personnel Rules and Practices

Sec. 2001.222.  STATE AGENCY PERSONNEL RULES AND PRACTICES.  This chapter does not apply to matters related solely to the internal personnel rules and practices of a state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.223. Exceptions From Declaratory Judgment, Court Enforcement, and Contested Case Provisions

Text of section effective until April 01, 2025
Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and Subchapters C through H do not apply to:
(1)  except as provided by Section 531.019, the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under service programs that were operated by the former Texas Department of Human Services before September 1, 2003, and are operated on and after that date by the Health and Human Services Commission or a health and human services agency, as defined by Section 531.001;
(2)  action by the Banking Commissioner or the Finance Commission of Texas regarding the issuance of a state bank or state trust company charter for a bank or trust company to assume the assets and liabilities of a financial institution that the commissioner considers to be in hazardous condition as defined by Section 31.002(a) or 181.002(a), Finance Code, as applicable;
(3)  a hearing or interview conducted by the Board of Pardons and Paroles or the Texas Department of Criminal Justice relating to the grant, rescission, or revocation of parole or other form of administrative release; or
(4)  the suspension, revocation, or termination of the certification of a breath analysis operator or technical supervisor under the rules of the Department of Public Safety.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 914, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 769, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.62, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1161 (H.B. 75), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.087, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.17, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.223. Exceptions From Declaratory Judgment, Court Enforcement, and Contested Case Provisions

Text of section effective on April 01, 2025
Sec. 2001.223.  EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT ENFORCEMENT, AND CONTESTED CASE PROVISIONS.  Section 2001.038 and Subchapters C through H do not apply to:
(1)  except as provided by Subchapter D, Chapter 545, the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under service programs that were operated by the former Texas Department of Human Services before September 1, 2003, and are operated on and after that date by the Health and Human Services Commission or a health and human services agency, as defined by Section 521.0001;
(2)  action by the Banking Commissioner or the Finance Commission of Texas regarding the issuance of a state bank or state trust company charter for a bank or trust company to assume the assets and liabilities of a financial institution that the commissioner considers to be in hazardous condition as defined by Section 31.002(a) or 181.002(a), Finance Code, as applicable;
(3)  a hearing or interview conducted by the Board of Pardons and Paroles or the Texas Department of Criminal Justice relating to the grant, rescission, or revocation of parole or other form of administrative release; or
(4)  the suspension, revocation, or termination of the certification of a breath analysis operator or technical supervisor under the rules of the Department of Public Safety.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 914, Sec. 4, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 769, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 7.62, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1161 (H.B. 75), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.087, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.17, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.224. Texas Employment Commission

Sec. 2001.224.  TEXAS EMPLOYMENT COMMISSION.  Section 2001.038 and Subchapters C through H  do not apply to a hearing by the Texas Employment Commission to determine whether or not a claimant is entitled to unemployment compensation, and the remainder of this chapter does not apply other than to matters of unemployment insurance maintained by the commission.  Regarding unemployment insurance matters, the commission may not comply with Section 2001.004(3) or 2001.005 relating to orders and decisions.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.225. Certain Alcoholic Beverage Code Appeals

Sec. 2001.225.  CERTAIN ALCOHOLIC BEVERAGE CODE APPEALS.  Section 2001.176(b)(1) does not apply to an appeal under Section 32.18, Alcoholic Beverage Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.226. Texas Department of Criminal Justice and Texas Board of Criminal Justice

Sec. 2001.226.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND TEXAS BOARD OF CRIMINAL JUSTICE.  This chapter does not apply to a rule or internal procedure of the Texas Department of Criminal Justice or Texas Board of Criminal Justice that applies to an inmate or any other person under the custody or control of the department or to an action taken under that rule or procedure.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.23(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter I. Exceptions › Section 2001.227. Texas Civil Commitment Office

Sec. 2001.227.  TEXAS CIVIL COMMITMENT OFFICE.  This chapter does not apply to a rule or internal procedure of the Texas Civil Commitment Office that applies to a person who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, or to an action taken under that rule or procedure.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter Z. Miscellaneous › Section 2001.901. Appeal From District Court

Sec. 2001.901.  APPEAL FROM DISTRICT COURT.  (a)  A party may appeal a final district court judgment under this chapter in the manner provided for civil actions generally.
(b)  An appeal bond may not be required of a state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter Z. Miscellaneous › Section 2001.902. Saving Clause

Sec. 2001.902.  SAVING CLAUSE.  This chapter does not repeal a statutory provision that confers investigatory authority on a state agency, including a provision that grants an agency the power, in connection with investigatory authority, to:
(1)  take depositions;
(2)  administer oaths or affirmations;
(3)  examine witnesses;
(4)  receive evidence;
(5)  conduct hearings;  or
(6)  issue subpoenas or summons.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2001 - Administrative Procedure › Subchapter Z. Miscellaneous › Section 2001.903. Recovery of Attorney's Fees and Costs in Contested Cases Involving Frivolous Regulatory Action

Sec. 2001.903.  RECOVERY OF ATTORNEY'S FEES AND COSTS IN CONTESTED CASES INVOLVING FRIVOLOUS REGULATORY ACTION.  The administrative law judge in a contested case may award a person, in addition to all other costs allowed by law or rule, an amount not to exceed $1 million for reasonable attorney's fees and costs incurred in defending against a frivolous regulatory action during the case if there is no judicial review of the decision in the case and:
(1)  the person prevails in the case; and
(2)  there is a final determination that the regulatory action is frivolous.
Added by Acts 2019, 86th Leg., R.S., Ch. 504 (S.B. 27), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle A - Administrative Procedure and Practice › Chapter 2002 - Texas Register and Administrative Code › Subchapter A. General Provisions › Section 2002.001. Definitions

Sec. 2002.001.  DEFINITIONS.  In this chapter:
(1)  "Administrative code" means the Texas Administrative Code.
(2)  "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet.
(3)  "State agency" means a state officer, board, commission, or department with statewide jurisdiction that makes rules or determines contested cases other than:
(A)  an agency wholly financed by federal money;
(B)  the legislature;
(C)  the courts;
(D)  the Texas Department of Insurance, as regards proceedings and activities under Title 5, Labor Code, of the department, the commissioner of insurance, or the commissioner of workers' compensation; or
(E)  an institution of higher education.
(4)  The following terms have the meanings assigned by Section 2001.003:
(A)  "contested case";
(B)  "license";
(C)  "licensing";
(D)  "party";
(E)  "person";  and
(F)  "rule."
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 455, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.008, eff. September 1, 2005.