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Texas Code of Criminal Procedure - CRIM P Art. § 56B.506. Options Following Decision: Pay or Appeal

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 56B.506. Options Following Decision: Pay or Appeal - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-56b-506/

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