(a) Not later than the 30th day after the date the commission’s order becomes final, the respondent shall:
(1) pay the penalty; or
(2) file a petition for judicial review contesting the order and:
(A) forward the penalty to the department for deposit in an escrow account; or
(B) give the department a supersedeas bond in a form approved by the department that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of the decision is final.
(b) A respondent who is financially unable to comply with Subsection (a)(2) is entitled to judicial review if the respondent files with the court, as part of the respondent’s petition for judicial review, a sworn statement that the respondent is unable to meet the requirements of Subsection (a)(2).