Texas § HS.486.028 - STAY OF ENFORCEMENT OF PENALTY
Full text of Texas The Texas Constitution § HS.486.028 — STAY OF ENFORCEMENT OF PENALTY, with citation guidance and answers to common questions.
§ HS.486.028. STAY OF ENFORCEMENT OF PENALTY
STAY OF ENFORCEMENT OF PENALTY. (a) Within the period prescribed by Section 486.027 , a person who files a petition for judicial review may: (1) stay enforcement of the penalty by: (A) paying the amount of the penalty to the court for placement in an escrow account; or (B) giving the court a supersedeas bond approved by the court that: (i) is for the amount of the penalty; and (ii) is effective until all judicial review of the order is final; or (2) request the court to stay enforcement of the penalty by: (A) filing with the court an affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and (B) sending a copy of the affidavit to the department by certified mail. (b) Following receipt of a copy of an affidavit under Subsection (a)(2), the department may file with the court, before the sixth day after the date of receipt, 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 to give a supersedeas bond. Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164 ), Sec. 9, eff. August 1, 2005. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1258, eff. April 2, 2015.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § HS.486.028
What does The Texas Constitution § HS.486.028 cover?
Section HS.486.028 ("STAY OF ENFORCEMENT OF PENALTY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.486.028?
A common citation format is "The Texas Constitution § HS.486.028" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.486.028 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.