Sec. 571.133. APPEAL OF FINAL DECISION. (a) To appeal a final decision of the commission, the respondent or the respondent's agent may file a petition in a district court in Travis County or in the county in which the respondent resides.
(b) The petition must be filed not later than the 30th business day after the date the respondent received the decision.
(c) Not later than the 30th day after the date on which the petition is filed, the respondent may request that the appeal be transferred to a district court in Travis County or in the county in which the respondent resides, as appropriate. The court in which the appeal is originally filed shall transfer the appeal to a district court in the other county on receipt of the request.
(d) An appeal brought under this section is not limited to questions of law, and the substantial evidence rule does not apply. The action shall be determined by trial de novo. The reviewing court shall try all issues of fact and law in the manner applicable to other civil suits in this state but may not admit in evidence the fact of prior action by the commission or the nature of that action, except to the limited extent necessary to show compliance with statutory provisions that vest jurisdiction in the court. A party is entitled, on demand, to a jury determination of any issue of fact on which a jury determination is available in other civil suits in this state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 857 (H.B. 1290), Sec. 1, eff. September 1, 2007.
Structure Texas Statutes
Title 5 - Open Government; Ethics
Chapter 571 - Texas Ethics Commission
Subchapter E. Complaint Procedures and Hearings
Section 571.121. General Powers
Section 571.1212. Categorization of Violations
Section 571.122. Filing of Complaint; Contents
Section 571.1221. Dismissal of Complaint Filed at Direction or Urging of Nonresident
Section 571.1222. Dismissal of Complaint Challenging Certain Information in Political Report
Section 571.123. Processing of Complaint
Section 571.1231. Designation of Agent by Certain Respondents
Section 571.124. Preliminary Review: Initiation
Section 571.1241. Review of Executive Director's Determination of Jurisdiction
Section 571.1242. Preliminary Review
Section 571.1244. Preliminary Review and Preliminary Review Procedures
Section 571.125. Preliminary Review Hearing: Procedure
Section 571.126. Preliminary Review Hearing: Resolution
Section 571.129. Formal Hearing: Standard of Evidence
Section 571.130. Formal Hearing: Subpoenas and Witnesses
Section 571.131. Formal Hearing: Procedure
Section 571.132. Formal Hearing: Resolution
Section 571.133. Appeal of Final Decision
Section 571.134. Delay of Referral
Section 571.135. Public Interest Information
Section 571.1351. Status of Complaint
Section 571.136. Extension of Deadline
Section 571.138. Status of Complainant
Section 571.139. Applicability of Other Acts
Section 571.140. Confidentiality; Offense
Section 571.141. Availability of Commission Orders on Internet