Sec. 91.263. PAYMENT OF ADMINISTRATIVE PENALTY. (a) Not later than the 30th day after the date on which the commission's order imposing an administrative penalty becomes final as provided by Section 2001.144, Government Code, the person charged with the violation shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition for judicial review contesting:
(A) the amount of the penalty;
(B) the fact of the violation; or
(C) both the amount of the penalty and the fact of the violation; or
(3) without paying the amount of the penalty, file a petition for judicial review contesting:
(A) the amount of the penalty;
(B) the fact of the violation; or
(C) both the amount of the penalty and the fact of the violation.
(b) Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1) stay the enforcement of the penalty by:
(A) paying the amount of the penalty to the court for placement in an escrow account; or
(B) giving to the court a supersedeas bond in a form approved by the court that is effective until all judicial review of the order or decision is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and
(B) delivering a copy of the affidavit to the commission.
(c) If the commission receives a copy of an affidavit under Subsection (b), the commission may file a contest to the affidavit with the court not later than the fifth day after the date the copy is received. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond.
(d) If the person does not pay the amount of the penalty and the penalty is not stayed, the commission may refer the matter to the attorney general for enforcement.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 5, eff. Sept. 1, 1997.
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