Texas § 801.457 OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

Texas Statutes

§ 801.457 — OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

Texas § 801.457

Code OCOccupations Code

This text of Texas § 801.457 (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. § 801.457 (2026).

Text

Sec. 801.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

(a)Not later than the 30th day after the date the board'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 order; or

(3)without paying the penalty, file a petition for judicial review contesting the order.

(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 the court a supersedeas bond that is approved by the court and that:

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

(ii)is effective until judicial review of the board's order is final; or

(2)request the court to stay enforcement of t

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Sec. 801.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the board'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 order; or
(3) without paying the penalty, file a petition for judicial review contesting the order.
(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 the court a supersedeas bond that is approved by the court and that:
(i) is for the amount of the penalty; and
(ii) is effective until 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) giving a copy of the affidavit to the executive director by certified mail.
(c) If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director 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 stay enforcement of the penalty on finding that the alleged facts are true. The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give the supersedeas bond.

Carl Mitz, Dena Corbin, Randy Riedinger, Brady George, Gary Barnes and Tony Greaves v. Texas State Board of Veterinary Medical Examiners Robert L. Lastovica, DVM, in His Official Capacity as President of the Board Bud E. Alldredge, Jr., DVM, in His Official Capacity as Vice-President of the Board Patrick M. Allen

(Court of Appeals of Texas, 2008)

Martin Doane v. Thomas F. Cooke

(Court of Appeals of Texas, 2008)

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2025, 89th Leg., R.S., Ch. 874 (S.B. 2155 ), Sec. 34, eff. September 1, 2025.