Texas Special District Local Laws Code - Section 8801.202. Appeal Of District Actions
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Texas Laws > Special District Local Laws Code > Texas Special District Local Laws Code - Section 8801.202. Appeal Of District Actions
Section: 8801.158 8801.159 8801.160 8801.161 8801.162 8801.163 8801.201 8801.202 8801.204 8802.001 8802.002 8802.003 8802.004 8802.051 8802.052
§ 8801.202. APPEAL OF DISTRICT ACTIONS. (a) A person who
is adversely affected by a rule, order, or other official action of
the district under this chapter, including a person residing in or
owning real property in the district whose residence or real
property is subsiding, may appeal the action in a district court in
any county in the district only after any administrative appeal to
the district is finally resolved. An appeal under this section must
be filed not later than the 45th day after the date any
administrative appeal is finally resolved.
(b) On a written request from a person residing in or owning
real property in the district, the board shall make written
findings and conclusions regarding a rule, order, or other official
action of the district. The board shall provide certified copies of
those findings and conclusions to the person not later than the 35th
day after the date the board receives the request.
(c) An appeal under this section is governed by the
substantial evidence rule as provided by Subchapter G, Chapter
2001, Government Code. The burden of proof is on the petitioner,
and the challenged rule, order, or other official action of the
district is considered prima facie valid.
(d) The district court shall set for trial as expeditiously
as possible an appeal brought under this section and may not
postpone or continue the suit unless the reasons for postponement
or continuance are imperative.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005. Amended
by Acts 2005, 79th Leg., ch. 238, § 21, eff. May 27, 2005.
Last modified: August 11, 2007