Sec. 5.351. JUDICIAL REVIEW OF COMMISSION ACTS. (a) A person affected by a ruling, order, decision, or other act of the commission may file a petition to review, set aside, modify, or suspend the act of the commission.
(b) A person affected by a ruling, order, or decision of the commission must file a petition within 30 days after the effective date of the ruling, order, or decision. A person affected by an act other than a ruling, order, or decision must file a petition within 30 days after the date the commission performed the act.
(c) Notwithstanding Subsection (b) or another provision of law to the contrary, a person affected by a ruling, order, or decision on a matter delegated to the executive director under Section 5.122 or other law may, after exhausting any administrative remedies, file a petition to review, set aside, modify, or suspend the ruling, order, or decision not later than the 30th day after:
(1) the effective date of the ruling, order, or decision; or
(2) if the executive director's ruling, order, or decision is appealed to the commission as authorized by Section 5.122(b) or other law, the earlier of:
(A) the date the commission denies the appeal; or
(B) the date the appeal is overruled by operation of law in accordance with commission rules.
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff. Sept. 1, 1985.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1065 (H.B. 3177), Sec. 2, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 174 (S.B. 211), Sec. 4, eff. September 1, 2021.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Chapter 5 - Texas Commission on Environmental Quality
Section 5.351. Judicial Review of Commission Acts
Section 5.352. Remedy for Commission or Executive Director Inaction
Section 5.353. Diligent Prosecution of Suit
Section 5.355. Appeal of District Court Judgment