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Texas Natural Resources Code - Section 81.0533. Payment Of Penalty; Refund

Legal Research Home > Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 81.0533. Payment Of Penalty; Refund

§ 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 
shall:
		(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 
the penalty.
	(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