Tex. Code of Crim. Proc. Article 45.0445
Reconsideration of Satisfaction of Fine or Costs


(a)

If the defendant notifies the justice or judge that the defendant has difficulty paying the fine and costs in compliance with the judgment, the justice or judge shall hold a hearing to determine whether the judgment imposes an undue hardship on the defendant.

(b)

For purposes of Subsection (a), a defendant may notify the justice or judge by:

(1)

voluntarily appearing and informing the justice or judge or the clerk of the court in the manner established by the justice or judge for that purpose;

(2)

filing a motion with the justice or judge;

(3)

mailing a letter to the justice or judge; or

(4)

any other method established by the justice or judge for that purpose.

(c)

If the justice or judge determines at the hearing under Subsection (a) that the judgment imposes an undue hardship on the defendant, the justice or judge shall consider whether to allow the defendant to satisfy the fine and costs through one or more methods listed under Article 45.041(a-1).

(d)

The justice or judge may decline to hold a hearing under Subsection (a) if the justice or judge:

(1)

previously held a hearing under that subsection with respect to the case and is able to determine without holding a hearing that the judgment does not impose an undue hardship on the defendant; or

(2)

is able to determine without holding a hearing that:

(A)

the judgment imposes an undue hardship on the defendant; and

(B)

the fine and costs should be satisfied through one or more methods listed under Article 45.041(a-1).

(e)

The justice or judge retains jurisdiction for the purpose of making a determination under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.09, eff. January 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 16.01 (Examining Trial), eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Art. 45.045. CAPIAS PRO FINE.

(a)

If the defendant is not in custody when the judgment is rendered or if the defendant fails to satisfy the judgment according to its terms, the court may order a capias pro fine, as defined by Article 43.015 (Definitions), issued for the defendant’s arrest. The capias pro fine shall state the amount of the judgment and sentence, and command the appropriate peace officer to bring the defendant before the court immediately or 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.

(a-1)

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)

a justice of the peace court or county criminal law magistrate court with jurisdiction over Class C misdemeanors that is located in the same county, if the court that issued the capias pro fine was a justice of the peace court; or

(2)

a municipal court that is located in the same municipality, if the court that issued the capias pro fine was a municipal court.

(a-1)

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 justice of the peace, to a justice of the peace or county criminal law magistrate court with jurisdiction over Class C misdemeanors that is located within the same county; or

(2)

if the court that issued the capias pro fine was a municipal court, to a municipal court judge that is located within the same city.

(a-2)

The 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-4) as a result of the hearing.

(a-3)

If the justice or judge determines at the hearing under Subsection (a-2) that the judgment imposes an undue hardship on the defendant, the justice or judge shall determine whether the fine and costs should be satisfied through one or more methods listed under Article 45.041(a-1). The justice or judge retains jurisdiction for the purpose of making a determination under this subsection.

(a-4)

If the justice or judge determines at the hearing under Subsection (a-2) that the judgment does not impose an undue hardship on the defendant, the justice or judge shall order the defendant to comply with the judgment not later than the 30th day after the date the determination is made.

(a-5)

The court shall recall a capias pro fine if, before the capias pro fine is executed, the defendant:

(1)

provides notice to the justice or judge under Article 45.0445 (Reconsideration of Satisfaction 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 may not be issued for an individual convicted for an offense committed before the individual’s 17th birthday unless:

(1)

the individual is 17 years of age or older;

(2)

the court finds that the issuance of the capias pro fine is justified after considering:

(A)

the sophistication and maturity of the individual;

(B)

the criminal record and history of the individual; and

(C)

the reasonable likelihood of bringing about the discharge of the judgment through the use of procedures and services currently available to the court; and

(3)

the court has proceeded under Article 45.050 (Failure to Pay Fine; Failure to Appear; Contempt: Juveniles) to compel the individual to discharge the judgment.

(c)

This article does not limit the authority of a court to order a child taken into custody under Article 45.058 (Children Taken into Custody).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971, 62nd Leg., p. 2991, ch. 987, Sec. 6, eff. June 15, 1971. Renumbered from Vernon’s Ann.C.C.P. art. 45.51 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 45, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 31, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 16, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1171 (S.B. 873), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 9.02, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 13, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 12, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.10, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.11, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.13(4), eff. January 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 1, eff. September 1, 2023.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.

Source: Article 45.0445 — Reconsideration of Satisfaction of Fine or Costs, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45.­htm#45.­0445 (accessed Jun. 5, 2024).

45.001
Objectives of Chapter
45.002
Application of Chapter
45.003
Definition for Certain Prosecutions
45.004
General Definition
45.011
Rules of Evidence
45.012
Electronically Created Records
45.013
Filing with Clerk by Mail
45.015
Defendant Placed in Jail
45.016
Personal Bond
45.017
Criminal Docket
45.018
Complaint
45.020
Appearance by Counsel
45.021
Pleadings
45.022
Plea of Guilty or Nolo Contendere
45.023
Defendant’s Plea
45.024
Defendant’s Refusal to Plead
45.025
Defendant May Waive Jury
45.026
Jury Trial
45.027
Jury Summoned
45.028
Other Jurors Summoned
45.029
Peremptory Challenges
45.030
Formation of Jury
45.031
Counsel for State Not Present
45.032
Directed Verdict
45.033
Jury Charge
45.034
Jury Kept Together
45.035
Mistrial
45.036
Verdict
45.037
Motion for New Trial
45.038
New Trial Granted
45.039
Only One New Trial Granted
45.040
State Not Entitled to New Trial
45.042
Appeal
45.043
Effect of Appeal
45.044
Forfeiture of Cashbond in Satisfaction of Fine
45.046
Commitment
45.047
Civil Collection of Fines After Judgment
45.048
Discharged from Jail
45.050
Failure to Pay Fine
45.052
Dismissal of Misdemeanor Charge on Completion of Teen Court Program
45.053
Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person
45.056
Juvenile Case Managers
45.058
Children Taken into Custody
45.060
Unadjudicated Children, Now Adults
45.061
Proceedings Concerning Electronic Transmission of Certain Visual Material Depicting Minor
45.101
Justice Court Prosecutions
45.102
Offenses Committed in Another County
45.103
Warrant Without Complaint
45.0201
Appearance by Telephone or Videoconference
45.201
Municipal Prosecutions
45.202
Service of Process
45.203
Collection of Fines and Costs
45.0211
Plea by Defendant Charged with Family Violence Offense
45.0215
Plea by Minor and Appearance of Parent
45.0216
Expunction of Certain Conviction Records
45.0217
Confidential Records Related to Charges Against or Conviction of a Child
45.0218
Confidential Records Related to Fine-only Misdemeanor
45.0241
Acceptance of Defendant’s Plea
45.301
Definitions
45.302
Applicability
45.303
Transfer to Juvenile Court Not Affected
45.304
Diversion Eligibility
45.305
Diversion Strategies
45.306
Youth Diversion Plan
45.307
Youth Diversion Coordinator
45.308
Diversion Agreement
45.309
Intermediate Diversion
45.310
Diversion by Justice or Judge
45.311
Referral to Court
45.312
Local Youth Diversion Administrative Fee
45.313
Diversion Records
45.0425
Appeal Bond
45.0426
Filing Bond Perfects Appeal
45.0445
Reconsideration of Satisfaction of Fine or Costs
45.0492
Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants
45.0511
Driving Safety Course or Motorcycle Operator Course Dismissal Procedures
45.0541
Expunction of Failure to Attend School Records

Accessed:
Jun. 5, 2024

Art. 45.0445’s source at texas​.gov