Sec. 541.405. JUDICIAL REVIEW OF DEPARTMENT ACTION. (a) A person aggrieved by the denial of a petition under Section 541.402 or the adoption, amendment, or repeal of or failure to adopt a rule under this subchapter may file a petition in a district court in Travis County for:
(1) a declaratory judgment on the validity or applicability of an adopted, amended, or repealed rule; or
(2) review of the denial of a petition under Section 541.402.
(b) The commissioner must be made a party to the action.
(c) An action of the commissioner under this subchapter in adopting, amending, repealing, or failing to adopt a rule or denying a petition may be invalidated only if the court finds that the action:
(1) violates a constitutional or state statutory provision;
(2) exceeds the commissioner's statutory authority;
(3) is arbitrary or capricious or characterized by abuse of discretion or unwarranted exercise of discretion;
(4) is so vague that it does not establish sufficiently definite standards to which conduct can be conformed;
(5) is made following unlawful procedure; or
(6) is clearly erroneous in view of the reliable, probative, and substantial evidence in the whole record as submitted.
(d) The court may issue an injunction in an action under this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Last modified: September 28, 2016