Section 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, 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.Tex. Code Crim. Proc. § 56B.506
Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.06, eff. 1/1/2021.