Texas Natural Resources Code 91.264 – Judicial Review of Administrative Penalty
(a) Judicial review of a commission order imposing an administrative penalty is:
(1) instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and
(2) under the substantial evidence rule.
(b) If the person paid the amount of the penalty and that amount is reduced or is not assessed by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond, the court shall order the release of the bond:
(1) without further action by the person if the penalty is not assessed by the court; or
(2) on payment of the penalty in the amount determined by the court.
Terms Used In Texas Natural Resources Code 91.264
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) A penalty collected under this section shall be deposited to the credit of the general revenue fund.