SECTION 850.77. Rules of Evidence

(a) The rules of evidence as applied in nonjury civil cases by the district courts of the State of Texas apply to a hearing under this subchapter.

(b) Exceptions--evidence inadmissible under the rules of evidence applied in nonjury civil cases by the district courts of the State of Texas may be admitted:

(1) if it consists of any documents contained in any Agency file related to the appellant; or

(2) if it is:

(A) necessary to ascertain the facts not reasonably susceptible of proof under those rules;

(B) not precluded by statute; and

(C) of a type on which reasonably prudent individuals commonly rely in the conduct of their affairs.

(c) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

Source Note: The provisions of this §850.77 adopted to be effective May 13, 2019, 44 TexReg 2364