Texas § 504.307 OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

Texas Statutes

§ 504.307 — OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

Texas § 504.307

Code OCOccupations Code

This text of Texas § 504.307 (OPTIONS FOLLOWING DECISION: PAY OR APPEAL.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Occupations Code Code Ann. § 504.307 (2026).

Text

Sec. 504.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

(a)Not later than the 30th day after the date the department's order becomes final, the person shall:

(1)pay the administrative penalty;

(2)pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both; or

(3)without paying the penalty, file a petition for judicial review contesting the fact 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 approved by the court that:

(i)is for the amount of the penalty; and

(ii)is effective un

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Sec. 504.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the department's order becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both; or
(3) without paying the penalty, file a petition for judicial review contesting the fact 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 approved by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of the 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) giving a copy of the affidavit to the department by certified mail.
(c) If the department receives a copy of an affidavit under Subsection (b)(2), the department 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 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.

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155 ), Sec. 18, eff. September 1, 2007.