Sec. 2001.174.  REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR UNDEFINED SCOPE OF REVIEW.  If the law authorizes review of a decision in a contested case under the substantial evidence rule or if the law does not define the scope of judicial review, a court may not substitute its judgment for the judgment of the state agency on the weight of the evidence on questions committed to agency discretion but:
(1)  may affirm the agency decision in whole or in part;  and
(2)  shall reverse or remand the case for further proceedings if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(A)  in violation of a constitutional or statutory provision;
(B)  in excess of the agency's statutory authority;
(C)  made through unlawful procedure;
(D)  affected by other error of law;
(E)  not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole;  or
(F)  arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.