Texas Occupations Code 2026.052 – Exclusion or Ejection From Enclosure; Hearing; Appeal
Current as of: 2024 | Check for updates
|
Other versions
(a) A person who is excluded or ejected from an enclosure under a commission rule may apply to the commission for a hearing on the question of the applicability of the rule to that person.
(b) An application for a hearing under Subsection (a) constitutes a contested case under Chapter 2001, Government Code. If, after a hearing as provided under Subchapter C of that chapter, the commission determines that the exclusion or ejection was proper:
(1) the commission shall issue an order to that effect and enter the order in the commission’s minutes; and
(2) the person shall continue to be excluded from each racetrack association’s enclosure.
Terms Used In Texas Occupations Code 2026.052
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
(c) A person excluded or ejected may appeal an adverse decision of the commission by filing a petition for judicial review in the manner provided by Subchapter G, Chapter 2001, Government Code. Venue for the review is in a district court in Travis County.
(d) The judgment of the court may be appealed as in other civil cases. The person appealing the commission’s ruling under this subtitle shall continue to be excluded from all enclosures in this state during the pendency of the appeal.