Texas Water Code
§ 29.049 — PAYMENT OF PENALTY; REFUND
WA § 29.049Title 2. WATER ADMINISTRATION · Part D. WATER QUALITY CONTROL · Ch. 29. OIL AND GAS WASTE HAULERS · Art. D. OFFENSES; PENALTIES
Statute text
View on source(a)On the issuance of an order finding that a violation has occurred, the railroad commission shall inform the permittee and any other person charged within 30 days of the amount of the penalty.
(b)Within the 30-day period immediately following the day on which the decision or order is final as provided in Subchapter F, Chapter 2001, Government Code, the person charged with the penalty shall:
(1)pay the penalty in full; or
(2)if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)forward the amount to the railroad commission for placement in an escrow account; or
(B)in lieu of payment into escrow, post a supersedeas bond with the railroad commission under the following conditions. If the decision or order being appealed is the first final railroad commission decision or order assessing any administrative penalty against the person, the railroad commission shall accept a supersedeas bond. In the case of appeal of any subsequent decision or order assessing any administrative penalty against the person, regardless of the finality of judicial review of any previous decision or order, the railroad commission may accept a supersedeas bond. Each supersedeas bond shall be for the amount of the penalty and in a form approved by the railroad commission and shall stay the collection of the penalty until all judicial review of the decision or order is final.
…
Legislative history
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff. Aug. 29, 1983. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(53), (59), eff. Sept. 1, 1995.