(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.

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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