Tex. Occ. Code § 1301.708 · Subchapter N. ADMINISTRATIVE PENALTY
STAY OF ENFORCEMENT OF PENALTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Within the 30-day period prescribed by Section 1301.707, 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.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1301.htm
- Text hash
- sha256 d34629704a78222535ee78386c1c123bca415a6ef0538b54d5ca5a6a46d6895d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.