Tex.
Code of Crim. Proc. Article 45.040
State Not Entitled to New Trial
(a)
The judgment and sentence, in case of conviction in a criminal action before a justice of the peace or municipal court judge, shall be that the defendant pay the amount of the fine and 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 27.14 (Plea of Guilty or Nolo Contendere in Misdemeanor)(a) or 27.16 (Plea of Not Guilty, How Made)(a), the justice or judge shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the justice or judge determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the justice or judge shall determine whether the fine and costs should be:(1)
subject to Subsection (b-2), 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 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 45.0491; or(4)
satisfied through any combination of methods under Subdivisions (1)-(3).(a-2)
In a case involving a child who is eligible for diversion under Article 45.304 (Diversion Eligibility) that results in a trial, if the court determines that the evidence presented in a bench trial would support a finding of guilt, or if a jury returns a verdict of guilty, the court shall provide the child and the child’s parents the opportunity to accept placement in diversion, under Article 45.310 (Diversion by Justice or Judge), instead of entering an adjudication of guilt. If the child and the child’s parents accept the opportunity for placement in diversion under Article 45.310 (Diversion by Justice or Judge), the court shall place the child in diversion. If the child and the child’s parents decline the opportunity for placement in diversion under Article 45.310 (Diversion by Justice or Judge), the court shall find the child guilty and proceed to sentencing.(b)
Subject to Subsections (b-2) and (b-3) and Article 45.0491, the justice or judge may direct the defendant:(1)
to pay:(A)
the entire fine and costs when sentence is pronounced;(B)
the entire fine and costs at some later date; or(C)
a specified portion of the fine and costs at designated intervals;(2)
if applicable, to make restitution to any victim of the offense; and(3)
to satisfy any other sanction authorized by law.(b-1)
Restitution made under Subsection (b)(2) may not exceed $5,000 for an offense under Section 32.41 (Issuance of Bad Check or Similar Sight Order), Penal Code.(b-2)
When imposing a fine and costs, if the justice or judge determines that the defendant is unable to immediately pay the fine and costs, the justice or judge shall allow the defendant to pay the fine and costs in specified portions at designated intervals.(b-3)
If a diversion is not required under Subchapter E or Subsection (a-2), a judge shall 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 45.049; or(2)
paying the fine and costs in a manner described by Subsection (b).(b-4)
The election under Subsection (b-3) 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.(b-5)
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 (b-3)(1).(b-6)
Notwithstanding Subsection (a-1) or any other provision of this chapter, when imposing a fine and costs, the justice or judge may not require a defendant who is under the conservatorship of the Department of Family and Protective Services or in extended foster care as provided by Subchapter G (Definitions), Chapter 263 (Review of Placement of Children Under Care of Department of Family and Protective Services), Family Code, to pay any amount of the fine and costs. In lieu of the payment of fine and costs, the justice or judge may require the defendant to perform community service as provided by Article 45.049, 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 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011, as appropriate.(c)
The justice or judge shall credit the defendant for time served in jail as provided by Article 42.03. The credit under this subsection shall be applied to the amount of the fine and costs at the rate provided by Article 45.048 (Discharged from Jail).(c-1)
In addition to credit under Subsection (c), in imposing a fine and costs in a case involving a misdemeanor punishable by a fine only, the justice or judge shall credit the defendant for any time the defendant was confined in jail or prison while serving a sentence for another offense if that confinement occurred after the commission of the misdemeanor. The credit under this subsection shall be applied to the amount of the fine and costs at the rate of not less than $150 for each day of confinement.(d)
All judgments, sentences, and final orders of the justice or judge shall be rendered in open court.
Source:
Article 45.040 — State Not Entitled to New Trial, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.040 (accessed Apr. 13, 2024).
