Sec. 401.389. DISPOSITION OF PENALTY; JUDICIAL REVIEW. (a) Not later than the 30th day after the date on which the department's order is final, the person charged with the penalty shall pay the full amount of the penalty or file a petition for judicial review. (b) If the person seeks judicial review of the violation, the amount of the penalty, or both, the person, within the time provided by Subsection (a), shall: (1) stay enforcement of the penalty by: (A) paying the penalty to the court for placement in an escrow account; or (B) posting with the court a supersedeas bond in a form approved by the court for the amount of the penalty; or (2) request that the department 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. (b-1) If the department receives a copy of an affidavit under Subsection (b)(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. (c) The department may request enforcement by the attorney general if the person charged fails to comply with this section. (d) Judicial review of the order or decision of the department assessing the penalty shall be under Subchapter G , Chapter 2001 , Government Code.
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