Sec. 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.
(c)  A penalty collected under this section shall be deposited to the credit of the general revenue fund.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 5, eff. Sept. 1, 1997.
Amended by: 
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.19, eff. September 28, 2011.