Tex.
Code of Crim. Proc. Article 43.05
Issuance and Recall of Capias Pro Fine
(a)
A capias pro fine issued for the arrest and commitment of a defendant convicted of a misdemeanor or felony, or found in contempt, the penalty for which includes a fine, shall recite the judgment and sentence and command a peace officer to immediately bring the defendant before the court.(a-1)
A court may not issue a capias pro fine for the defendant’s failure to satisfy the judgment according to its terms unless the court holds a hearing to determine whether the judgment imposes an undue hardship on the defendant and the defendant fails to:(1)
appear at the hearing; or(2)
comply with an order issued under Subsection (a-3) as a result of the hearing.(a-2)
If the court determines at the hearing under Subsection (a-1) that the judgment imposes an undue hardship on the defendant, the court shall determine whether the fine and costs should be satisfied through one or more methods listed under Article 42.15 (Fines and Costs)(a-1). The court retains jurisdiction for the purpose of making a determination under this subsection.(a-3)
If the court determines at the hearing under Subsection (a-1) that the judgment does not impose an undue hardship on the defendant, the court shall order the defendant to comply with the judgment not later than the 30th day after the date the determination is made.(a-4)
The court shall recall a capias pro fine if, before the capias pro fine is executed, the defendant:(1)
provides notice to the court under Article 43.035 (Reconsideration of Fine or Costs) and a hearing is set under that article; or(2)
voluntarily appears and makes a good faith effort to resolve the capias pro fine.(b)
A capias pro fine authorizes a peace officer to place the defendant in jail until the business day following the date of the defendant’s arrest if the defendant cannot be brought before the court immediately.(c)
If the court that issued the capias pro fine is unavailable, the arresting officer may, in lieu of placing the defendant in jail, take the defendant to:(1)
another court in the same county with jurisdiction over Class A and Class B misdemeanors or a county criminal law magistrate court in the same county, if the court that issued the capias pro fine was a county court or a statutory county court with Class A and Class B misdemeanor jurisdiction; or(2)
another court in the same county with jurisdiction over felony cases or a county criminal law magistrate court in the same county, if the court that issued the capias pro fine was a district court with felony jurisdiction.(c)
If the court that issued the capias pro fine is unavailable, the arresting officer may take the defendant to one of the following locations in lieu of placing the defendant in jail:(1)
if the court that issued the capias pro fine was a county court or a statutory county court with Class A and Class B misdemeanor jurisdiction, to another court in the same county with concurrent jurisdiction over Class A and Class B misdemeanors or to a county criminal law magistrate in the same county; or(2)
if the court that issued the capias pro fine was a district court with felony jurisdiction, to another court in the same county with concurrent jurisdiction over felony cases or to a county criminal law magistrate in the same county.
Source:
Article 43.05 — Issuance and Recall of Capias Pro Fine, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.43.htm#43.05 (accessed Apr. 13, 2024).
