Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Labor Code § 51.038: PAYMENT TO COMMISSION; ESCROW PENDING REVIEW.

(a) Not later than the 30th day after the date a commission order becomes final, the person required to pay a penalty shall:
(1) pay the amount to the commission; or
(2) if the person files a petition for judicial review in a court of competent jurisdiction contesting the final order, send the amount to the commission for deposit in an interest-bearing escrow account.
(b) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted.
Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.

Where this section sits in the code

LABOR CODE
TITLE 2. PROTECTION OF LABORERS
SUBTITLE B. RESTRICTIONS ON LABOR
CHAPTER 51. EMPLOYMENT OF CHILDREN
SUBCHAPTER D. PENALTY AND DEFENSE

(a) Not later than the 30th day after the date a commission order becomes final, the person required to pay a penalty shall:

(1) pay the amount to the commission; or

(2) if the person files a petition for judicial review in a court of competent jurisdiction contesting the final order, send the amount to the commission for deposit in an interest-bearing escrow account.

(b) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted.

Added by Acts 2023, 88th Leg., R.S., Ch. 720 (H.B. 2459), Sec. 2, eff. September 1, 2023.

Collected 2026-08-27T01:47:24Z. Source file · JSON

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