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Texas Insurance Code - Section 84.046. Stay Of Enforcement Of Penalty

Legal Research Home > Texas Lawyer > Insurance Code > Texas Insurance Code - Section 84.046. Stay Of Enforcement Of Penalty

§ 84.046. STAY OF ENFORCEMENT OF PENALTY.  (a) A person 
who files a petition for judicial review without paying the 
administrative penalty may, within the 30-day period prescribed by 
Section 84.045:
		(1)  stay enforcement of the penalty by:                                      
			(A)  paying the penalty to the court for placement 
in an escrow account;  or
			(B)  giving the court a supersedeas bond approved 
by the court that:       
				(i)  is for the amount of the penalty;  and                                 
				(ii)  is effective until all judicial review 
of the board's order is final;  or
		(2)  request the court to stay enforcement of the 
penalty by:               
			(A)  filing with the court an affidavit stating 
that the person is financially unable to pay the penalty and is 
financially unable to give the supersedeas bond;  and
			(B)  giving a copy of the affidavit to the 
commissioner by certified mail. 
	(b)  If the commissioner receives a copy of an affidavit 
under Subsection (a)(2), the commissioner may file with the court, 
not later than the fifth day after the date the copy is received, a 
contest to the affidavit.  The court shall hold a hearing on the 
facts alleged in the affidavit as soon as practicable and shall stay 
the enforcement of the penalty on finding that the alleged facts are 
true.  The person who files an affidavit has the burden of proving 
that the person is financially unable to pay the penalty and to give 
a supersedeas bond.

Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.           

Last modified: August 11, 2007