Texas Department of Public Safety v. Moore

I respectfully dissent. Section 2001.174 of the Government Code, which defines the standard of review, provides that the court of appeals may not “substitute its own judgment for that of the state agency on the weight of the evidence on questions committed to agency discretion.” Tex. Gov’t Code Ann. § 2001.174 (Vernon 2000). The statute further provides that the court of appeals may affirm in whole or in part, but “shall reverse” when “substantial rights of the appellant have been prejudiced” for any of a number of listed reasons, including an error of law. Id. § 2001.174.

The majority rejects…