Texas Local Government Code

§ 161.207 — APPEALS

LG § 161.207Title 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES · Part B. COUNTY OFFICERS AND EMPLOYEES · Ch. 161. COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES · Art. E. ENFORCEMENT

Statute text

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(a)A respondent may appeal the decision by filing a petition in a district court in the county within 30 days after the date of the decision.

(b)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.

(c)If the district court renders judgment for the petitioner, and the petitioner is a county employee, the court may order reinstatement of the county employee, payment of back pay, or other appropriate relief.

(d)If the district court renders judgment for the petitioner, the court may order appropriate relief, including costs and attorney's fees.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.