Sec. 2001.173. TRIAL DE NOVO REVIEW. (a) If the manner of review authorized by law for the decision in a contested case that is the subject of complaint is by trial de novo, the reviewing court shall try each issue of fact and law in the manner that applies to other civil suits in this state as though there had not been an intervening agency action or decision but may not admit in evidence the fact of prior state agency action or the nature of that action except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court.
(b) On demand, a party to a trial de novo review may have a jury determination of each issue of fact on which a jury determination could be obtained in other civil suits in this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Subtitle A - Administrative Procedure and Practice
Chapter 2001 - Administrative Procedure
Subchapter G. Contested Cases: Judicial Review
Section 2001.171. Judicial Review
Section 2001.172. Scope of Judicial Review
Section 2001.173. Trial De Novo Review
Section 2001.174. Review Under Substantial Evidence Rule or Undefined Scope of Review
Section 2001.175. Procedures for Review Under Substantial Evidence Rule or Undefined Scope of Review
Section 2001.176. Petition Initiating Judicial Review
Section 2001.177. Cost of Preparing Agency Record
Section 2001.1775. Modification of Agency Findings or Decision