Legal Opinion

Texas Health Enterprises, Inc. v. Texas Department of Human Services

Texas Supreme Court

Decided July 9, 1997No. 96-0969PublishedCited by 21 opinions

1Per curiam

The Administrative Procedure Act (APA) provides that a party seeking judicial review of an agency’s decision “shall offer, and the reviewing court shall admit, the state agency record into evidence as an exhibit.” Tex. Gov’t Code § 2001.175(d). The issue in this cause is whether that provision precludes an appellate court from filing an administrative record that the parties and the district court treated as admitted evidence, although it was not formally tendered as evidence. We hold that the court of appeals should have filed the record, and we remand this cause to that court with…

2Cases cited11 opinions

  1. Heberling v. StateCourt of Criminal Appeals of Texas · 1992
  2. Killion v. StateCourt of Criminal Appeals of Texas · 1973
  3. Texas Department of Public Safety v. Latimer, Texas Court of Appeals, 3rd District (Austin)1997
  4. Nueces Canyon Consolidated Independent School District v. Central Education AgencyTexas Supreme Court · 1996
  5. Cornish v. StateCourt of Criminal Appeals of Texas · 1993

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Hartwell v. Lone Star, PCACourt of Appeals of Texas · 2017
  2. Turner v. Peril, Texas Court of Appeals, 5th District (Dallas)2001
  3. Texas Department of Public Safety v. Guajardo, Texas Court of Appeals, 14th District (Houston)1998
  4. Texas Department of Public Safety v. Monroe, Texas Court of Appeals, 14th District (Houston)1998
  5. Travelers Indemnity Co. of Rhode Island v. Starkey, Texas Court of Appeals, 5th District (Dallas)2005

16 more not listed; retrieve them via the Exa API.

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