Tex. Occ. Code Section 1301.708
Stay of Enforcement of Penalty

(a)

Within the 30-day period prescribed by Section 1301.707 (Options Following Decision: Pay or Appeal), a person who files a petition for judicial review may:

(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 a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

(B)

sending a copy of the affidavit to the board by certified mail.

(b)

If the board receives a copy of an affidavit under Subsection (a)(2), the executive director may file with the court, not later than the fifth day after the date the copy is received, a contest to the affidavit.

(c)

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 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 137 (H.B. 636), Sec. 30, eff. May 26, 2021.

Source: Section 1301.708 — Stay of Enforcement of Penalty, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1301.­htm#1301.­708 (accessed Jun. 5, 2024).

1301.001
Short Title 1301.002
Definitions 1301.003
Application of Sunset Act 1301.004
Nonapplicability of Law Governing Cancellation of Certain Transactions 1301.051
Plumbing by Property Owner in Homestead 1301.052
Work Inside Counties or Inside or Outside Municipalities 1301.053
Work Incidental to Other Professions 1301.054
Irrigators and Water Well Pump Installers 1301.055
Lp Gas Installers 1301.056
Lawn Irrigation Systems 1301.057
Self-help Project 1301.058
Testing of Medical Gas and Vacuum Piping 1301.059
Work Performed on Certain Private Property 1301.151
Texas State Board of Plumbing Examiners Membership 1301.152
Eligibility of Public Members 1301.153
Membership and Employee Restrictions 1301.154
Terms 1301.155
Issuance of Commission 1301.156
Grounds for Removal 1301.157
Officers 1301.158
Per Diem 1301.159
Training 1301.201
Executive Director and Staff 1301.202
Certain Plumbing Examiners 1301.203
Field Representative 1301.204
Career Ladder Program 1301.205
Equal Employment Opportunity Policy 1301.207
Standards of Conduct 1301.208
Separation of Responsibilities 1301.251
General Duties of Board 1301.252
Rules Restricting Advertising or Competitive Bidding 1301.253
Fees 1301.254
Seal 1301.255
Adoption of Plumbing Codes 1301.256
Subpoena 1301.258
Advisory Committees 1301.259
Memorandum of Understanding 1301.260
Policy on Technological Solutions 1301.261
Negotiated Rulemaking and Alternative Dispute Resolution 1301.262
Plumbing Inspector Code of Conduct 1301.263
Examination Administration and Content 1301.301
Consumer Interest Information 1301.302
Contract Information 1301.303
Complaints 1301.304
Investigation of Complaints 1301.305
Public Access to Information Relating to Disciplinary Actions 1301.351
License, Endorsement, or Registration Required 1301.352
Examination Required 1301.353
Inspector Conflicts Prohibited 1301.354
Plumber’s Apprentice 1301.355
Examination Results 1301.356
Endorsement: Medical Gas Piping Installation 1301.357
Endorsement: Water Supply Protection Specialist 1301.359
Statewide Validity of License, Endorsement, or Registration 1301.360
Temporary License 1301.401
Annual Renewal Required 1301.402
Notice of License, Endorsement, or Registration Expiration 1301.403
Procedure for Renewal 1301.404
Mandatory Continuing Professional Education 1301.405
Mandatory Training for Drain Cleaner, Drain Cleaner-restricted Registrant, and Residential Utilities Installer 1301.406
Transfer of License Number 1301.407
Procedures for Verifying Certain Exemptions 1301.451
Disciplinary Powers of Board 1301.452
Grounds for Disciplinary Action 1301.453
Hearing 1301.454
Administrative Procedure 1301.501
Backflow Prevention 1301.502
Citation 1301.503
Enforcement by Plumbing Inspector 1301.504
Injunction 1301.506
Appeal Bond Not Required 1301.507
Civil Penalty 1301.508
Criminal Penalty 1301.551
Municipal Plumbing Ordinances and Permits 1301.552
Certificate of Insurance for Plumbing Permit in Political Subdivision 1301.553
Plumbing Inspections in Municipality that Overlaps Another Political Subdivision 1301.651
Definition 1301.652
Public Education Effort 1301.701
Imposition of Penalty 1301.702
Amount of Penalty 1301.703
Notice of Violation and Penalty 1301.704
Penalty to Be Paid or Hearing Requested 1301.705
Hearing 1301.706
Decision by Board 1301.707
Options Following Decision: Pay or Appeal 1301.708
Stay of Enforcement of Penalty 1301.709
Decision by Court 1301.710
Remittance of Penalty and Interest 1301.711
Release of Bond 1301.712
Collection of Penalty 1301.713
Administrative Procedure 1301.3015
Public Participation 1301.3515
Criminal History Record Information for License Issuance 1301.3521
Examination Fee Refund 1301.3522
Examination Review Course 1301.3541
Apprentice Registration Requirements 1301.3542
Career and Technology Education Program for Tradesman Plumber-limited License 1301.3565
Endorsement: Multipurpose Residential Fire Protection Sprinkler Specialist 1301.3575
Registration of Certain Persons 1301.3576
Certificate of Insurance for Responsible Master Plumber 1301.3581
Reciprocity 1301.3585
License Eligibility Requirements for Applicants with Military Experience 1301.4055
Period for Completing Continuing Education 1301.4521
Consequences of Criminal Conviction 1301.5045
Cease and Desist Order 1301.5071
Informal Settlement Conference
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 1301.708’s source at texas​.gov