REVIEW UNDER SUBSTANTIAL EVIDENCE RULE.
Tex. LOC. GOV'T Code § 158.0121.
in effectIn an appeal under Section 158.012 , the district court may not substitute its judgment for the judgment of the commission on the weight of the evidence on questions committed to the commission's discretion but:
(1) may affirm the commission's decision in whole or in part; and
(2) shall reverse or remand the case for further proceedings if substantial rights of the petitioner have been prejudiced because the commission's findings, inferences, conclusions, or decisions are:
(A) in violation of a constitutional or statutory provision;
(B) in excess of the commission's authority;
(C) made through unlawful procedure;
(D) affected by other error of law;
(E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or
(F) arbitrary or capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion.
Added by Acts 1997, 75th Leg., ch. 68, Sec. 2, eff. Sept. 1, 1997.