Tex.
Code of Crim. Proc. Article 56B.506
Options Following Decision: Pay or Appeal
(a)
Not later than the 30th day after the date the attorney general’s order becomes final under Section 2001.144 (Decisions or Orders; When Final), Government Code, the person shall:(1)
pay the administrative penalty;(2)
pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or(3)
without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.(b)
Within the 30-day period, a person who acts under Subsection (a)(3) may:(1)
stay enforcement of the penalty by:(A)
paying the penalty to the court for placement in an escrow account; or(B)
giving to the court a supersedeas bond that is approved by the court and that is:(i)
for the amount of the penalty; and(ii)
effective until judicial review of the attorney general’s order is final; or(2)
request the court to stay enforcement of the penalty by:(A)
filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty or give the supersedeas bond; and(B)
delivering a copy of the affidavit to the attorney general by certified mail.(c)
On receipt by the attorney general of a copy of an affidavit under Subsection (b)(2), the attorney general may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.(d)
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. A person who files an affidavit under Subsection (b)(2) has the burden of proving that the person is financially unable to pay the penalty or give a supersedeas bond.
Source:
Article 56B.506 — Options Following Decision: Pay or Appeal, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.56B.htm#56B.506 (accessed Jun. 5, 2024).
