Sec. 2306.049. DECISION BY COURT. (a) Judicial review of a board order imposing an administrative penalty is under the substantial evidence rule.
(b) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(c) If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed and may award the person reasonable attorney's fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 10, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 1.06, eff. September 1, 2013.
Structure Texas Statutes
Subtitle G - Economic Development Programs Involving Both State and Local Governments
Chapter 2306 - Texas Department of Housing and Community Affairs
Subchapter B. Governing Board and Department
Section 2306.022. Application of Sunset Act
Section 2306.024. Board Members: Appointment and Composition
Section 2306.025. Terms of Board Members
Section 2306.030. Presiding Officer; Other Officers
Section 2306.031. Members' Compensation
Section 2306.032. Board Meetings
Section 2306.0321. Appeal of Board and Department Decisions
Section 2306.033. Removal of Members
Section 2306.034. Disqualification of Members and Certain Employees
Section 2306.035. Lobbyist Restriction
Section 2306.036. Employment of Director
Section 2306.037. Director's Compensation
Section 2306.038. Acting Director
Section 2306.039. Open Meetings and Open Records
Section 2306.040. Department Participation in Legislative Hearing
Section 2306.041. Imposition of Penalty
Section 2306.042. Amount of Penalty
Section 2306.043. Report and Notice of Violation and Penalty
Section 2306.044. Penalty to Be Paid or Hearing Requested
Section 2306.046. Decision by Board
Section 2306.047. Options Following Decision: Pay or Appeal
Section 2306.048. Stay of Enforcement of Penalty
Section 2306.049. Decision by Court
Section 2306.050. Remittance of Penalty and Interest
Section 2306.0501. Release of Bond
Section 2306.0502. Collection of Penalty