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A BILL TO BE ENTITLED
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AN ACT
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relating to toilet accommodations at filling stations; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.061, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.061. TOILET FACILITIES. An operator, manager, or |
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superintendent of a public building, schoolhouse, theater, |
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[filling station,] tourist court, bus station, or tavern shall |
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provide and maintain sanitary toilet accommodations. |
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SECTION 2. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.0615 to read as follows: |
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Sec. 341.0615. FILLING STATIONS. (a) In this section, |
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"filling station" means a facility that: |
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(1) sells motor fuel; |
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(2) provides one or more attendants; and |
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(3) offers one or more of the following products or |
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services: |
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(A) tire repair; |
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(B) oil change; |
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(C) battery charging; |
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(D) motor vehicle repair; |
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(E) food service; or |
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(F) retail or wholesale sale of goods in |
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conjunction with the sale of motor fuel. |
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(b) An operator, manager, or superintendent of a filling |
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station shall provide and maintain sanitary toilet accommodations. |
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(c) Toilet accommodations must be: |
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(1) permanently installed; |
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(2) in compliance with all applicable building and |
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plumbing codes; |
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(3) made available to the traveling public or |
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customers during normal business hours; and |
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(4) cleaned and serviced at least once during each |
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24-hour period. |
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(d) An operator, manager, or superintendent of a filling |
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station shall post a sign in a conspicuous location readily visible |
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to a person entering the toilet accommodations. The sign must |
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contain the following statement in letters at least one inch in |
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height: "Please report deficiencies in cleanliness or |
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serviceability, water leakage, waste of water, or lack of supplies |
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to the Texas State Board of Plumbing Examiners, Austin, Texas, at |
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1-800-845-6584." |
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(e) The Texas State Board of Plumbing Examiners shall |
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enforce this section. |
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(f) The Texas State Board of Plumbing Examiners may inspect |
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a filling station to determine compliance with this section. |
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SECTION 3. The heading to Subchapter F, Chapter 341, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER F. CRIMINAL AND CIVIL PENALTIES |
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SECTION 4. Chapter 341, Health and Safety Code, is amended |
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by adding Subchapter G to read as follows: |
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SUBCHAPTER G. ADMINISTRATIVE PENALTY |
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Sec. 341.101. DEFINITION. Notwithstanding Section |
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341.001, in this subchapter, "board" means the Texas State Board of |
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Plumbing Examiners. |
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Sec. 341.102. IMPOSITION OF PENALTY. The board may impose |
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an administrative penalty on a person who violates Section |
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341.0615. |
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Sec. 341.103. AMOUNT OF PENALTY. (a) The amount of an |
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administrative penalty may not exceed $1,000 for each violation. |
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Each day a violation continues or occurs is a separate violation for |
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purposes of imposing a penalty. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the economic harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) orts made to correct the violation; and |
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(6) any other matter that justice may require. |
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(c) The board by rule or through procedures adopted by the |
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board and published in the Texas Register shall develop a |
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standardized penalty schedule based on the criteria listed in |
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Subsection (b). |
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Sec. 341.104. REPORT AND NOTICE OF VIOLATION AND PENALTY. |
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(a) If the enforcement committee determines that a violation |
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occurred, the enforcement committee may issue to the board a report |
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stating: |
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(1) the facts on which the determination is based; and |
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(2) the committee's recommendation on the imposition |
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of the penalty, including a recommendation on the amount of the |
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penalty. |
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(b) Not later than the 14th day after the date the report is |
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issued, the enforcement committee shall give written notice of the |
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report to the person. |
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(c) The notice must: |
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(1) include a brief summary of the alleged violation; |
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(2) state the amount of the recommended penalty; and |
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(3) inform the person of the person's right to a |
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hearing on the occurrence of the violation, the amount of the |
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penalty, or both. |
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Sec. 341.105. PENALTY TO BE PAID OR HEARING REQUESTED. (a) |
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Not later than the 20th day after the date the person receives the |
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notice, the person in writing may: |
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(1) accept the determination and recommended penalty |
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of the enforcement committee; or |
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(2) make a request for a hearing on the occurrence of |
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the violation, the amount of the penalty, or both. |
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(b) If the person accepts the determination and recommended |
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penalty of the enforcement committee, the board by order shall |
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approve the determination and impose the recommended penalty. |
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Sec. 341.106. HEARING. (a) If the person requests a |
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hearing or fails to respond in a timely manner to the notice, the |
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enforcement committee shall set a hearing and give written notice |
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of the hearing to the person. An administrative law judge of the |
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State Office of Administrative Hearings shall hold the hearing. |
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(b) The administrative law judge shall make findings of fact |
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and conclusions of law and promptly issue to the board a proposal |
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for a decision about the occurrence of the violation and the amount |
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of a proposed penalty. |
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Sec. 341.107. DECISION BY BOARD. (a) Based on the findings |
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of fact, conclusions of law, and proposal for a decision, the board |
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by order may: |
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(1) find that a violation occurred and impose a |
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penalty; or |
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(2) find that a violation did not occur. |
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(b) The notice of the board's order given to the person must |
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include a statement of the right of the person to judicial review of |
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the order. |
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Sec. 341.108. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
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Not later than the 30th day after the date the board's order becomes |
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final, the person shall: |
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(1) pay the penalty; or |
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(2) file a petition for judicial review contesting the |
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occurrence of the violation, the amount of the penalty, or both. |
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Sec. 341.109. STAY OF ENFORCEMENT OF PENALTY. (a) Within |
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the 30-day period prescribed by Section 341.108, a person who files |
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a petition for judicial review may: |
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(1) stay enforcement of the penalty by: |
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(A) paying the penalty to the court for placement |
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in an escrow account; or |
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(B) giving the court a supersedeas bond approved |
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by the court that: |
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(i) is for the amount of the penalty; and |
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(ii) is effective until all judicial review |
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of the board's order is final; or |
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(2) request the court to stay enforcement of the |
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penalty by: |
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(A) filing with the court a sworn affidavit of |
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the person stating that the person is financially unable to pay the |
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penalty and is financially unable to give the supersedeas bond; and |
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(B) sending a copy of the affidavit to the |
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enforcement committee by certified mail. |
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(b) If the enforcement committee receives a copy of an |
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affidavit under Subsection (a)(2), the executive director may file |
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with the court, not later than the fifth day after the date the copy |
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is received, a contest to the affidavit. |
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(c) The court shall hold a hearing on the facts alleged in |
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the affidavit as soon as practicable and shall stay the enforcement |
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of the penalty on finding that the alleged facts are true. The |
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person who files an affidavit has the burden of proving that the |
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person is financially unable to pay the penalty and to give a |
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supersedeas bond. |
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Sec. 341.110. DECISION BY COURT. (a) If the court sustains |
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the finding that a violation occurred, the court may uphold or |
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reduce the amount of the penalty and order the person to pay the |
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full or reduced amount of the penalty. |
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(b) If the court does not sustain the finding that a |
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violation occurred, the court shall order that a penalty is not |
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owed. |
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Sec. 341.111. REMITTANCE OF PENALTY AND INTEREST. (a) If |
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the person paid the penalty and if the amount of the penalty is |
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reduced or the penalty is not upheld by the court, the court shall |
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order, when the court's judgment becomes final, that the |
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appropriate amount plus accrued interest be remitted to the person. |
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(b) The interest accrues at the rate charged on loans to |
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depository institutions by the New York Federal Reserve Bank. |
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(c) The interest shall be paid for the period beginning on |
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the date the penalty is paid and ending on the date the penalty is |
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remitted. |
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Sec. 341.112. RELEASE OF BOND. (a) If the person gave a |
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supersedeas bond and the penalty is not upheld by the court, the |
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court shall order, when the court's judgment becomes final, the |
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release of the bond. |
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(b) If the person gave a supersedeas bond and the amount of |
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the penalty is reduced, the court shall order the release of the |
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bond after the person pays the reduced amount. |
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Sec. 341.113. COLLECTION OF PENALTY. (a) If the person |
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does not pay the penalty and the enforcement of the penalty is not |
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stayed, the penalty may be collected. |
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(b) The attorney general may sue to collect the penalty. |
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Sec. 341.114. ADMINISTRATIVE PROCEDURE. A proceeding to |
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impose the penalty is considered to be a contested case under |
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Chapter 2001, Government Code. |
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SECTION 5. This Act takes effect September 1, 2011. |