Tex.
Code of Crim. Proc. Article 43.09
Fine Discharged
(a)
When a defendant is convicted of a misdemeanor and the defendant’s punishment is assessed at a pecuniary fine or is confined in a jail after conviction of a felony for which a fine is imposed, if the defendant is unable to pay the fine and costs adjudged against the defendant, the defendant may for such time as will satisfy the judgment be put to work in the county jail industries program, in the workhouse, or on the county farm, or public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, as provided in Article 43.10 (Manual Labor); or if there is no such county jail industries program, workhouse, farm, or improvements and maintenance projects, the defendant shall be confined in jail for a sufficient length of time to discharge the full amount of fine and costs adjudged against the defendant; rating such confinement at $100 for each day and rating such labor at $100 for each day; provided, however, that the defendant may pay the pecuniary fine assessed against the defendant at any time while the defendant is serving at work in the county jail industries program, in the workhouse, or on the county farm, or on the public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, or while the defendant is serving the defendant’s jail sentence, and in such instances the defendant is entitled to the credit earned under this subsection during the time that the defendant has served and the defendant shall only be required to pay the balance of the pecuniary fine assessed against the defendant. A defendant who performs labor under this article during a day in which the defendant is confined is entitled to both the credit for confinement and the credit for labor provided by this article.(b)
In its discretion, the court may order that for each day’s confinement served by a defendant under this article, the defendant receive credit toward payment of the pecuniary fine and credit toward payment of costs adjudged against the defendant. Additionally, the court may order that the defendant receive credit under this article for each day’s confinement served by the defendant as punishment for the offense.(c)
In its discretion, the court may order that a defendant serving concurrent, but not consecutive, sentences for two or more misdemeanors may, for each day served, receive credit toward the satisfaction of costs and fines imposed for each separate offense.(d)
Notwithstanding any other provision of this article, in its discretion, the court or the sheriff of the county may grant an additional two days credit for each day served to any inmate participating in an approved work program under this article or a rehabilitation, restitution, or education program.(e)
A court in a county that operates an electronic monitoring program or contracts with a private vendor to operate an electronic monitoring program under Section 351.904 (Electronic Monitoring Program), Local Government Code, or that is served by a community supervision and corrections department that operates an electronic monitoring program approved by the community justice assistance division of the Texas Department of Criminal Justice, may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by participating in the program. A defendant who participates in an electronic monitoring program under this subsection discharges fines and costs in the same manner as if the defendant were confined in county jail.(f)
A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service.(g)
In the court’s order requiring a defendant to perform community service under Subsection (f), the court must specify:(1)
the number of hours of community service the defendant is required to perform;(2)
whether the community supervision and corrections department or a court-related services office will perform the administrative duties required by the placement of the defendant in the community service program; and(3)
the date by which the defendant must submit to the court documentation verifying the defendant’s completion of the community service.(h)
The court may order the defendant to perform community service under Subsection (f):(1)
by attending:(A)
a work and job skills training program;(B)
a preparatory class for the high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations), Education Code;(C)
an alcohol or drug abuse program;(D)
a rehabilitation program;(E)
a counseling program, including a self-improvement program;(F)
a mentoring program; or(G)
any similar activity; or(2)
for:(A)
a governmental entity;(B)
a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the court; or(C)
an educational institution.(h-1)
An entity that accepts a defendant under Subsection (f) to perform community service must agree to supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service and report on the defendant’s community service to the district probation department or court-related services office.(i)
The court may require bail of a defendant to ensure the defendant’s faithful performance of community service under Subsection (f) of this article and may attach conditions to the bail as it determines are proper.(j)
A court may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.(k)
A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article.(l)
A sheriff, employee of a sheriff’s department, county commissioner, county employee, county judge, an employee of a community corrections and supervision department, restitution center, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant under this article to perform community service is not liable for damages arising from an act or failure to act in connection with manual labor performed by an inmate or community service performed by a defendant under this article if the act or failure to act:(1)
was performed pursuant to confinement or other court order; and(2)
was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.(m)
Repealed by Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 22, eff. September 1, 2007.(n)
This article does not apply to a court governed by Chapter 45 (Justice and Municipal Courts).(n)
This article does not apply to a court governed by Chapter 45A (Justice and Municipal Courts).(a)
A court may waive payment of all or part of a fine imposed on a defendant if the court determines that:(1)
the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or was, at the time the offense was committed, a child as defined by Article 45.058 (Children Taken into Custody)(h); and(2)
each alternative method of discharging the fine under Article 43.09 (Fine Discharged) or 42.15 (Fines and Costs) would impose an undue hardship on the defendant.(a)
A court may waive payment of all or part of a fine imposed on a defendant if the court determines that:(1)
the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or was, at the time the offense was committed, a child as defined by Article 45A.453 (Child Taken into Custody)(a); and(2)
each alternative method of discharging the fine under Article 43.09 (Fine Discharged) or 42.15 (Fines and Costs) would impose an undue hardship on the defendant.(b)
A determination of undue hardship made under Subsection (a)(2) is in the court’s discretion. In making that determination, the court may consider, as applicable, the defendant’s:(1)
significant physical or mental impairment or disability;(2)
pregnancy and childbirth;(3)
substantial family commitments or responsibilities, including child or dependent care;(4)
work responsibilities and hours;(5)
transportation limitations;(6)
homelessness or housing insecurity; and(7)
any other factor the court determines relevant.(c)
A court may waive payment of all or part of the costs imposed on a defendant if the court determines that the defendant:(1)
is indigent or does not have sufficient resources or income to pay all or part of the costs; or(2)
was, at the time the offense was committed, a child as defined by Article 45.058 (Children Taken into Custody)(h).(c)
A court may waive payment of all or part of the costs imposed on a defendant if the court determines that the defendant:(1)
is indigent or does not have sufficient resources or income to pay all or part of the costs; or(2)
was, at the time the offense was committed, a child as defined by Article 45A.453 (Child Taken into Custody)(a).(d)
This subsection applies only to a defendant placed on community supervision, including deferred adjudication community supervision, whose fine or costs are wholly or partly waived under this article. At any time during the defendant’s period of community supervision, the court, on the court’s own motion or by motion of the attorney representing the state, may reconsider the waiver of the fine or costs. After providing written notice to the defendant and an opportunity for the defendant to present information relevant to the defendant’s ability to pay, the court may order the defendant to pay all or part of the waived amount of the fine or costs only if the court determines that the defendant has sufficient resources or income to pay that amount.
Source:
Article 43.09 — Fine Discharged, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.43.htm#43.09 (accessed Apr. 13, 2024).
