Texas Local Government Code 158.0121 – Review Under Substantial Evidence Rule
Terms Used In Texas Local Government Code 158.0121
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
In an appeal under § 158.012, the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission’s discretion but:
(1) may affirm the commission’s decision in whole or in part; and
(2) shall reverse or remand the case for further proceedings if substantial rights of the petitioner have been prejudiced because the commission’s findings, inferences, conclusions, or decisions are:
(A) in violation of a constitutional or statutory provision;
(B) in excess of the commission’s authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or
(F) arbitrary or capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion.