Texas Natural Resources Code - Section 81.0533. Payment Of Penalty; Refund
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Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 81.0533. Payment Of Penalty; Refund
Section: 81.051 81.052 81.0521 81.0522 81.053 81.0531 81.0532 81.0533 81.0534 81.054 81.055 81.056 81.057 81.091 81.092
§ 81.0533. PAYMENT OF PENALTY; REFUND. (a) On the
issuance of an order finding that a violation has occurred, the
commission shall inform the person charged within 30 days of the
amount of the penalty.
(b) Within the 30-day period immediately following the day
on which the decision or order is final as provided in Subchapter F,
Chapter 2001, Government Code, the person charged with the penalty
(1) pay the penalty in full; or
(2) if the person seeks judicial review of either the
amount of the penalty or the fact of the violation, or both:
(A) forward the amount to the commission for
placement in an escrow account; or
(B) in lieu of payment into escrow, post with the
commission a supersedeas bond in a form approved by the commission
for the amount of the penalty, such bond to be effective until all
judicial review of the order or decision is final.
(c) If through judicial review of the decision or order it
is determined that no violation occurred or that the amount of the
penalty should be reduced or not assessed, the commission shall,
within the 30-day period immediately following that determination,
if the penalty has been paid to the commission, remit the
appropriate amount to the person, with accrued interest, or where a
supersedeas bond has been posted, the commission shall execute a
release of such bond.
(d) Failure to forward the money to the commission within
the time provided by Subsection (b) of this section results in a
waiver of all legal rights to contest the violation or the amount of
(e) Judicial review of the order or decision of the
commission assessing the penalty shall be under the substantial
evidence rule and shall be instituted by filing a petition with the
district court of Travis County, Texas, and not elsewhere, as
provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1407, ch. 286, § 1, eff. Sept.
1, 1983. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(53),
(59), eff. Sept. 1, 1995.
Last modified: August 11, 2007