Texas statute
Tex. Code Crim. Proc. art. 56B.506 — Options following decision: pay or appeal
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 56B: CRIME VICTIMS' COMPENSATION, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 56B.506
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
This reference is informational and is not legal advice.