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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
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Subtitle D. NUCLEAR AND RADIOACTIVE MATERIALS |
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Chapter 401. RADIOACTIVE MATERIALS AND OTHER SOURCES OF RADIATION |
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Subchapter J. ENFORCEMENT |
Sec. 401.389. DISPOSITION OF PENALTY; JUDICIAL REVIEW
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(a) Not later than the 30th day after the date on which the commissioner'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) send the amount of the penalty to the commissioner for placement in an escrow account; or
(2) post with the commissioner a supersedeas bond in a form approved by the commissioner for the amount of the penalty, the bond to be effective until judicial review of the order or decision is final.
(c) The commissioner 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 commissioner assessing the penalty shall be under Subchapter G, Chapter 2001, Government Code.