Texas statute
Tex. Health & Safety Code § 485.108 — Stay of enforcement of penalty
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 485: ABUSABLE VOLATILE CHEMICALS, Texas Health and Safety Code.
Full text of Tex. Health & Safety Code § 485.108
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) Within the 30-day period prescribed by Section 485.107 , a person who files a petition for judicial review 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 approved by the court that: (i) is for the amount of the penalty; and (ii) is effective until all judicial review of the department'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) sending a copy of the affidavit to the department by certified mail. (b) If the department receives a copy of an affidavit under Subsection (a)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit. 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. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.
Official sources
This reference is informational and is not legal advice.