Sec. 131.047. JUDICIAL REVIEW. (a) Any party to the administrative proceedings whose interest is or may be adversely affected by a ruling, order, decision, or other act of the commission may appeal by filing a petition in a district court of Travis County or in the county in which the greater portion of the land in question is located.
(b) The plaintiff shall pursue his action with reasonable diligence, and if the plaintiff does not prosecute his action within one year after 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.
(c) The court shall hear the complaint solely on the record made before the commission. The findings of the commission, if supported by substantial evidence on the record considered as a whole, shall be upheld.
(d) The court may, under conditions it may prescribe, grant temporary relief that it considers appropriate pending final determination of the proceedings.
(e) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commission.
(f) Repealed by Acts 1981, 67th Leg., p. 2647, ch. 707, Sec. 4(48), eff. Aug. 31, 1981.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 2, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(48), eff. Aug. 31, 1981.
Structure Texas Statutes
Chapter 131 - Uranium Surface Mining and Reclamation Act
Subchapter B. Powers and Duties of the Commission
Section 131.021. General Authority of Commission
Section 131.022. Jurisdiction of Commission
Section 131.023. Commission Procedure
Section 131.024. Compliance With Federal Surface Mining Laws
Section 131.025. Hearing Procedure
Section 131.033. Differing Terms and Provisions of Rules
Section 131.034. Exploration Activities
Section 131.035. Rules Designating Unsuitable Land
Section 131.036. Survey of Land
Section 131.037. Commission Statement
Section 131.038. Reasons for Unsuitable Designation
Section 131.039. Petition and Hearing on Designation
Section 131.040. Modifying, Amending, and Terminating Designations
Section 131.041. Applicability of Subchapter
Section 131.042. Records, Reports, Monitoring Equipment, and Information
Section 131.043. Inspection by Commission
Section 131.044. Time and Procedures for Inspections
Section 131.046. Procedure on Detection of Violation
Section 131.047. Judicial Review
Section 131.048. Confidentiality
Section 131.049. Temporary Orders Prior to Notice and Hearing