Tex. Ins. Code § 541.405 · Subchapter I. RULEMAKING
JUDICIAL REVIEW OF DEPARTMENT ACTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person aggrieved by the denial of a petition under Section 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(1) a declaratory judgment on the validity or applicability of an adopted, amended, or repealed rule; or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 Section 541.402.
(b) The commissioner must be made a party to the action.
(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.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.541.htm
- Text hash
- sha256 a3c51a6763a44dff0ac6de226900cb4ffcc2b333d48b568b444a73e5317b9510
- 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.
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.