Texas Government Code 545.0154 – Judicial Review
(a) An appeal of a decision made by a hearing officer for the commission or a health and human services agency related to public assistance benefits brought by an applicant for or recipient of the benefits:
(1) is governed by Subchapters G and H, Chapter 2001, except as provided by this subchapter; and
(2) takes precedence over all civil cases except workers’ compensation and unemployment compensation cases.
(b) For purposes of § 2001.171, an applicant for or recipient of public assistance benefits has exhausted all available administrative remedies and a decision, including a decision under § 31.034 or 32.035, Human Resources Code, is final and appealable on the date that, after a hearing:
(1) the hearing officer for the commission or a health and human services agency reaches a final decision related to the benefits; and
(2) the appropriate attorney completes an administrative review of the decision and notifies the applicant or recipient in writing of the results of that review.
Terms Used In Texas Government Code 545.0154
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Rule: includes regulation. See Texas Government Code 311.005
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(c) For purposes of § 2001.171, an applicant for or recipient of public assistance benefits is not required to file a motion for rehearing with the commission or a health and human services agency, as applicable.
(d) Notwithstanding § 2001.177, the cost of preparing the record and transcript of a hearing described by § 545.0152 that is required to be sent to a reviewing court may not be charged to the applicant for or recipient of the public assistance benefits.
(e) Judicial review of a decision described by Subsection (a) is:
(1) instituted by filing a petition with a district court in Travis County, as provided by Subchapter G, Chapter 2001; and
(2) under the substantial evidence rule.
(f) The appellee is the commission.
Text of section effective on April 01, 2025