Texas Health and Safety Code 401.389 – Disposition of Penalty; Judicial Review
(a) Not later than the 30th day after the date on which the department’s order is final, the person charged with the penalty shall pay the full amount of the penalty or file a petition for judicial review.
(b) If the person seeks judicial review of the violation, the amount of the penalty, or both, the person, within the time provided by Subsection (a), shall:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow account; or
(B) posting with the court a supersedeas bond in a form approved by the court for the amount of the penalty; or
(2) request that the department 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 department.
Terms Used In Texas Health and Safety Code 401.389
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(b-1) If the department receives a copy of an affidavit under Subsection (b)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit. 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 or to give a supersedeas bond.
(c) The department may request enforcement by the attorney general if the person charged fails to comply with this section.
(d) Judicial review of the order or decision of the department assessing the penalty shall be under Subchapter G, Chapter 2001, Government Code.