Court Opinions

State Laws

US Code

US Constitution

Texas Special District Local Laws Code - Section 8801.202. Appeal Of District Actions

Legal Research Home > Texas Laws > Special District Local Laws Code > Texas Special District Local Laws Code - Section 8801.202. Appeal Of District Actions

§ 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