Sec. 2001.144. DECISIONS OR ORDERS; WHEN FINAL. (a) A decision or order in a contested case is final:
(1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;
(2) if a motion for rehearing is timely filed, on the date:
(A) the order overruling the latest filed motion for rehearing is signed; or
(B) the latest filed motion for rehearing is overruled by operation of law;
(3) if a state agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision or order is signed, provided that the agency incorporates in the decision or order a factual and legal basis establishing an imminent peril to the public health, safety, or welfare; or
(4) on:
(A) the date specified in the decision or order for a case in which all parties agree to the specified date in writing or on the record; or
(B) if the agreed specified date is before the date the decision or order is signed, the date the decision or order is signed.
(b) If a decision or order is final under Subsection (a)(3), a state agency must recite in the decision or order the finding made under Subsection (a)(3) and the fact that the decision or order is final and effective on the date signed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 611, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 7, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 4, eff. September 1, 2017.
Structure Texas Statutes
Subtitle A - Administrative Procedure and Practice
Chapter 2001 - Administrative Procedure
Subchapter F. Contested Cases: Final Decisions and Orders; Motions for Rehearing
Section 2001.141. Form of Decision; Findings of Fact and Conclusions of Law
Section 2001.142. Notification of Decisions and Orders
Section 2001.143. Time of Decision
Section 2001.144. Decisions or Orders; When Final
Section 2001.145. Motions for Rehearing: Prerequisites to Appeal