Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 242.267 - Court Vacating Order(a) On a finding described by Subsection (b), a court shall: (1) on application of an institution, vacate an arbitrator's order with respect to an arbitration conducted at the election of the department; or(2) on application of the department, vacate an arbitrator's order with respect to an arbitration conducted at the election of an institution.(b) A court shall vacate an arbitrator's order under Subsection (a) only on a finding that: (1) the order was procured by corruption, fraud, or misrepresentation;(2) the decision of the arbitrator was arbitrary or capricious and against the weight of the evidence; or(3) the order exceeded the jurisdiction of the arbitrator under Section 242.264(a).(c) If the order is vacated, the dispute shall be remanded to the department for another arbitration proceeding.(d) A suit to vacate an arbitrator's order must be filed not later than the 30th day after:(1) the date of the award; or(2) the date the institution or department knew or should have known of a basis for suit under this section, but in no event later than the first anniversary of the date of the order.(e) Venue for a suit to vacate an arbitrator's order is in the county in which the arbitration was conducted.Tex. Health and Safety Code § 242.267
Redesignated from Health and Safety Code, Subchapter J, Chapter 242 by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.001(26), eff. 9/1/2011.