Texas Insurance Code 541.405 – Judicial Review of Department Action
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(a) A person aggrieved by the denial of a petition under § 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(1) a declaratory judgment on the validity or applicability of an adopted, amended, or repealed rule; or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 § 541.402.
(b) The commissioner must be made a party to the action.
Terms Used In Texas Insurance Code 541.405
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(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.