Tex. Health & Safety Code § 382.032 · Subchapter B. POWERS AND DUTIES OF COMMISSION
APPEAL OF COMMISSION ACTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person affected by a ruling, order, decision, or other act of the commission or of the executive director, if an appeal to the commission is not provided, may appeal the action by filing a petition in a district court of Travis County.
(b) The petition must be filed in the time required by Section 5.351, Water Code, unless the appeal relates to the commission's failure to take final action on an application for a federal operating permit, a reopening of a federal operating permit, a revision to a federal operating permit, or a permit renewal application for a federal operating permit in accordance with Section 382.0542(b), in which case the petition may be filed at any time before the commission or the executive director takes final action.
(c) Service of citation on the commission must be accomplished within 30 days after the date on which the petition is filed. Citation may be served on the executive director or any commission member.
(d) The plaintiff shall pursue the action with reasonable diligence. If the plaintiff does not prosecute the action within one year after the date on which the action is filed, the court shall presume that the action has been abandoned. The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff, after receiving due notice, can show good and sufficient cause for the delay.
(e) In an appeal of an action of the commission or executive director other than cancellation or suspension of a variance, the issue is whether the action is invalid, arbitrary, or unreasonable.
(f) An appeal of the cancellation or suspension of a variance must be tried in the same manner as appeals from the justice court to the county court.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 5, eff. June 9, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.155, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 3, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.382.htm
- Text hash
- sha256 12635b7cd1a7b2eb52fc90de236fb0075c1e7fbc67e5c13176abeb34018d729e
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 382.032. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 382.05191EMISSIONS REDUCTION PERMITS: NOTICE AND HEARING.Printed as Section 382.032
- Tex. Health & Safety Code § 382.05197MULTIPLE PLANT PERMIT: NOTICE AND HEARING.Printed as Section 382.032
- Tex. Health & Safety Code § 382.0542ISSUANCE OF FEDERAL OPERATING PERMIT; APPEAL OF DELAY.Printed as Section 382.032
- Tex. Health & Safety Code § 382.0543REVIEW AND RENEWAL OF FEDERAL OPERATING PERMIT.Printed as Section 382.032
- Tex. Health & Safety Code § 382.0563PUBLIC PETITION TO THE ADMINISTRATOR.Printed as Section 382.032
- Tex. Health & Safety Code § 382.059HEARING AND DECISION ON PERMIT AMENDMENT APPLICATION OF CERTAIN ELECTRIC GENERATING FACILITIES.Printed as Section 382.032
- Tex. Health & Safety Code § 382.061DELEGATION OF POWERS AND DUTIES.Printed as Section 382.032
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.