Tex. Code of Crim. Proc. Article 42.15
Fines and Costs


(a)

When the defendant is fined, the judgment shall be that the defendant pay the amount of the fine and all costs to the state.

(a-1)

Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.13 (Plea of Guilty or Nolo Contendere in Felony), 27.14 (Plea of Guilty or Nolo Contendere in Misdemeanor)(a), or 27.16 (Plea of Not Guilty, How Made)(a), a court shall inquire on the record whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:

(1)

subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals;

(2)

discharged by performing community service under, as applicable, Article 43.09 (Fine Discharged)(f), Article 45.049, Article 45.0492 (Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants), as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492 (Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants), as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;

(3)

waived in full or in part under Article 43.091 or 45.0491; or

(4)

satisfied through any combination of methods under Subdivisions (1)-(3).

(a-1)

Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.13 (Plea of Guilty or Nolo Contendere in Felony), 27.14 (Plea of Guilty or Nolo Contendere in Misdemeanor)(a), or 27.16 (Plea of Not Guilty, How Made)(a), a court shall inquire on the record whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:

(1)

subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals;

(2)

discharged by performing community service under, as applicable, Article 43.09 (Fine Discharged)(f), 45A.254 (Community Service to Satisfy Fines or Costs), 45A.459 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants), or 45A.460 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds);

(3)

waived in full or in part under Article 43.091 or 45A.257 (Waiver of Payment of Fines and Costs); or

(4)

satisfied through any combination of methods under Subdivisions (1)-(3).

(a-2)

A defendant may waive the requirement for the inquiry described by Subsection (a-1) to be on the record.

(b)

Subject to Subsections (c) and (d) and Article 43.091, when imposing a fine and costs, a court may direct a defendant:

(1)

to pay the entire fine and costs when sentence is pronounced;

(2)

to pay the entire fine and costs at some later date; or

(3)

to pay a specified portion of the fine and costs at designated intervals.

(c)

When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.

(d)

A judge may allow a defendant who is a child, as defined by Article 45.058 (Children Taken into Custody)(h), to elect at the time of conviction, as defined by Section 133.101 (Meaning of Conviction), Local Government Code, to discharge the fine and costs by:

(1)

performing community service or receiving tutoring under Article 45.0492 (Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants), as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011; or

(2)

paying the fine and costs in a manner described by Subsection (b).

(d)

A judge may allow a defendant who is a child, as defined by Article 45A.453 (Child Taken into Custody)(a), to elect at the time of conviction, as defined by Section 133.101 (Meaning of Conviction), Local Government Code, to discharge the fine and costs by:

(1)

performing community service or receiving tutoring under Article 45A.460 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds); or

(2)

paying the fine and costs in a manner described by Subsection (b).

(e)

The election under Subsection (d) must be made in writing, signed by the defendant, and, if present, signed by the defendant’s parent, guardian, or managing conservator. The court shall maintain the written election as a record of the court and provide a copy to the defendant.

(f)

The requirement under Article 45.0492 (Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants)(a), as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, that an offense occur in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the offense does not apply to the performance of community service or the receipt of tutoring to discharge a fine or costs under Subsection (d)(1).

(f)

The requirement under Article 45A.460 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds)(a) that an offense occur in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the offense does not apply to the performance of community service or the receipt of tutoring to discharge a fine or costs under Subsection (d)(1).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 1, eff. June 15, 1971.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 464 (H.B. 27), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 464 (H.B. 27), Sec. 2, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1320 (S.B. 395), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 4, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.13(1), eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 106 (S.B. 1373), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.024, eff. January 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.005, eff. September 1, 2023.

Source: Article 42.15 — Fines and Costs, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­15 (accessed Apr. 20, 2024).

42.02
Sentence
42.04
Sentence When Appeal Is Taken
42.05
If Court Is About to Adjourn
42.07
Reasons to Prevent Sentence
42.08
Cumulative or Concurrent Sentence
42.10
Satisfaction of Judgment as in Misdemeanor Convictions
42.011
Judgment Affecting an Officer or Jailer
42.012
Finding that Controlled Substance Used to Commit Offense
42.013
Finding of Family Violence
42.014
Finding that Offense Was Committed Because of Bias or Prejudice
42.14
In Absence of Defendant
42.015
Finding of Age of Victim
42.15
Fines and Costs
42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders
42.16
On Other Judgment
42.017
Finding Regarding Age-based Offense
42.17
Transfer Under Treaty
42.018
Notice Provided by Clerk of Court
42.019
Motor Fuel Theft
42.20
Immunities
42.21
Notice of Release of Family Violence Offenders
42.22
Restitution Liens
42.023
Judge May Consider Alternative Sentencing
42.23
Notification of Court of Family Violence Conviction
42.24
Prohibiting Contact with Victim
42.025
Sentencing Hearing at Secondary School
42.25
Filing of Reporter Notes
42.033
Sentence to Serve Time During Off-work Hours
42.034
County Jail Work Release Program
42.035
Electronic Monitoring
42.036
Community Service
42.037
Restitution
42.038
Reimbursement for Confinement Expenses
42.039
Completion of Sentence in Federal Custody
42.111
Deferral of Proceedings in Cases Appealed to County Court
42.122
[Adult Probation Officers of the 222nd Judicial District
42.0131
Required Notice for Persons Convicted of Misdemeanors Involving Family Violence
42.141
Battering Intervention and Prevention Program
42.151
Fees for Abused Children’s Counseling
42.152
Repayment of Reward
42.0175
Finding Regarding Certain Health Care Professionals
42.0181
Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court
42.0182
Findings Regarding Tax Fraud
42.0183
Notice of Family Violence Offenses Provided by Clerk of Court
42.0191
Finding Regarding Victims of Trafficking or Other Abuse
42.0192
Finding Regarding Offense Related to Performance of Public Service
42.0193
Finding Regarding Offense Related to Conduct of Certain Corrections Employees
42.0194
Finding Regarding Felony Conviction
42.0196
Finding Regarding Offense Related to Performance of Public Service
42.0197
Finding Regarding Gang-related Conduct
42.0198
Finding Regarding Delay in Arrest of Defendant
42.0199
Finding Regarding Diligent Participation Credit
42.0371
Mandatory Restitution for Kidnapped or Abducted Children
42.0372
Mandatory Restitution for Child Victims of Trafficking of Persons or Compelling Prostitution
42.0373
Mandatory Restitution for Child Witness of Family Violence
42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter
42.01991
Finding Regarding Agreement on Parole Eligibility for Certain Defendants

Accessed:
Apr. 20, 2024

Art. 42.15’s source at texas​.gov