Sec. 7.063. CONSENT TO AFFIDAVIT. If the executive director receives a copy of an affidavit under Section 7.062(2), the executive director 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 give the supersedeas bond.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Subchapter C. Administrative Penalties
Section 7.051. Administrative Penalty
Section 7.052. Maximum Penalty
Section 7.0525. Penalties for Violations Related to Certain Dry Cleaning Facilities
Section 7.053. Factors to Be Considered in Determination of Penalty Amount
Section 7.054. Report of Violation
Section 7.055. Notice of Report
Section 7.059. Notice of Decision
Section 7.060. Notice of Penalty
Section 7.061. Payment of Penalty; Petition for Review
Section 7.063. Consent to Affidavit
Section 7.064. Judicial Review
Section 7.065. Penalty Reduced or Not Assessed
Section 7.066. Referral to Attorney General
Section 7.067. Supplemental Environmental Projects
Section 7.068. Full and Complete Satisfaction
Section 7.069. Disposition of Penalty
Section 7.070. Findings of Fact Not Required; Reservations
Section 7.071. Inadmissibility
Section 7.072. Recovery of Penalty