Sec. 21.307. JUDICIAL APPEALS. (a) Either party may appeal the commissioner's decision to:
(1) a district court in the county in which the district's central administrative offices are located; or
(2) if agreed by all parties, a district court in Travis County.
(b) An appeal under this section must be perfected not later than the 30th day after:
(1) the date the party or the party's representative receives notice of the commissioner's decision or the date on which the decision of the board of trustees is affirmed by operation of law if the commissioner fails to issue a decision within the required period; or
(2) if a request for rehearing is filed under Section 21.3041, the date on which the request is denied by order of the commissioner or by operation of law under Section 21.3041(c).
(c) The commissioner and each party to the appeal to the commissioner must be made a party to an appeal under this section.
(d) The perfection of an appeal under this section does not affect the enforcement of the commissioner's decision.
(e) The court shall, under the substantial evidence rule, review the evidence on the evidentiary record made at the local level and any evidence taken by the commissioner but may not take additional evidence.
(f) The court may not reverse the decision of the commissioner unless the decision was not supported by substantial evidence or unless the commissioner's conclusions of law are erroneous.
(g) The court may not reverse a decision of the commissioner based on a procedural irregularity or error by a hearing examiner, a board of trustees or board subcommittee, or the commissioner unless the court determines that the irregularity or error was likely to have led to an erroneous decision by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 16, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 5, eff. June 20, 2003.
Last modified: September 28, 2016