JUDICIAL REVIEW OF DEPARTMENT ACTION

(a) A person aggrieved by the denial of a petition under Section 541.402 or the adoption, amendment, or repeal of or failure to adopt a rule under this subchapter may file a petition in a district court in Travis County for: (1) a declaratory judgment on the validity or applicability of an adopted, amended, or repealed rule; or (2) review of the denial of a petition under Section 541.402. (b) The commissioner must be made a party to the action. (c) An action of the commissioner under this subchapter in adopting, amending, repealing, or failing to adopt a rule or denying a petition may be invalidated only if the court finds that the action: (1) violates a constitutional or state statutory provision; (2) exceeds the commissioner's statutory authority; (3) is arbitrary or capricious or characterized by abuse of discretion or unwarranted exercise of discretion; (4) is so vague that it does not establish sufficiently definite standards to which conduct can be conformed; (5) is made following unlawful procedure; or (6) is clearly erroneous in view of the reliable, probative, and substantial evidence in the whole record as submitted. (d) The court may issue an injunction in an action under this section.