Texas Insurance Code - INS § 541.405. Judicial Review of Department Action

(1) a declaratory judgment on the validity or applicability of an adopted, amended, or repealed rule;  or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.

(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.