Tex. Health & Safety Code § 247.097 · Subchapter E. ARBITRATION
COURT VACATING ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On a finding described by Subsection (b), a court shall:
(1) on application of a facility, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department; or
(2) on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of a facility.
(b) A court shall vacate an arbitrator's order under Subsection (a) only on a finding that:
(1) the order was procured by corruption, fraud, or misrepresentation;
(2) the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or
(3) the order exceeded the jurisdiction of the arbitrator under Section 247.094(a).
(c) If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.
(d) A suit to vacate an arbitrator's order must be filed not later than the 30th day after:
(1) the date of the award; or
(2) the date the facility or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.
(e) Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 218 (H.B. 33), Sec. 2, eff. September 1, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.247.htm
- Text hash
- sha256 f11145d9cc51f7b4074ae6097863e22b5598e7921ffa1f6aa04a9eb7c62a023a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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