Tex. Code of Crim. Proc. Article 45.050
Failure to Pay Fine; Failure to Appear; Contempt: Juveniles


(a)

In this article, “child” has the meaning assigned by Article 45.058 (Children Taken into Custody)(h).

(b)

A justice or municipal court may not order the confinement of a child for:

(1)

the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only;

(2)

the failure to appear for an offense committed by the child; or

(3)

contempt of another order of a justice or municipal court.

(c)

If a child fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court, after providing notice and an opportunity to be heard, may:

(1)

refer the child to the appropriate juvenile court for delinquent conduct for contempt of the justice or municipal court order; or

(2)

retain jurisdiction of the case, hold the child in contempt of the justice or municipal court, and order either or both of the following:

(A)

that the contemnor pay a fine not to exceed $500; or

(B)

that the Department of Public Safety suspend the contemnor’s driver’s license or permit or, if the contemnor does not have a license or permit, to deny the issuance of a license or permit to the contemnor until the contemnor fully complies with the orders of the court.

(d)

A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if:

(1)

the person was convicted for an offense committed before the person’s 17th birthday;

(2)

the person failed to obey the order while the person was 17 years of age or older; and

(3)

the failure to obey occurred under circumstances that constitute contempt of court.

(e)

A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if the person, while younger than 17 years of age, engaged in conduct in contempt of an order issued by the justice or municipal court, but contempt proceedings could not be held before the person’s 17th birthday.

(f)

A court that orders suspension or denial of a driver’s license or permit under Subsection (c)(2)(B) shall notify the Department of Public Safety on receiving proof of compliance with the orders of the court.

(g)

A justice or municipal court may not refer a child who violates a court order while 17 years of age or older to a juvenile court for delinquency proceedings for contempt of court.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 86, eff. Jan. 1, 1996. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 76, Sec. 7, eff. Sept. 1, 1999. Renumbered from Vernon’s Ann.C.C.P. art. 45.522 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1, 1999. Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1297, Sec. 51, eff. Sept. 1, 2001. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 8, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 32, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1071 (H.B. 3272), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1071 (H.B. 3272), Sec. 2, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL DISPOSITION.

(a)

On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a fine on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The fine may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the fine for good cause shown by the defendant. If the judge orders the collection of a fine under this subsection, the judge shall require that the amount of the fine be credited toward the payment of the amount of any fine imposed by the judge as punishment for the offense. An order of deferral under this subsection terminates any liability under a bond given for the charge.

(a-1)

Notwithstanding any other provision of law, as an alternative to requiring a defendant charged with one or more offenses to make payment of all fines and court costs as required by Subsection (a), the judge may:

(1)

allow the defendant to enter into an agreement for payment of those fines and costs in installments during the defendant’s period of probation;

(2)

require an eligible defendant to discharge all or part of those fines and costs by performing community service or attending a tutoring program under Article 45.049 or 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;

(3)

waive all or part of those fines and costs under Article 45.0491; or

(4)

take any combination of actions authorized by Subdivision (1), (2), or (3).

(b)

During the deferral period, the judge may require the defendant to:

(1)

post a bond in the amount of the fine assessed as punishment for the offense to secure payment of the fine;

(2)

pay restitution to the victim of the offense in an amount not to exceed the fine assessed as punishment for the offense;

(3)

submit to professional counseling;

(4)

submit to diagnostic testing for alcohol or a controlled substance or drug;

(5)

submit to a psychosocial assessment;

(6)

successfully complete an alcohol awareness or substance misuse treatment or education program, such as:

(A)

a substance misuse education program that is designed to educate persons on the dangers of substance misuse in accordance with Section 521.374 (Educational Program or Equivalent Education)(a)(1), Transportation Code, and that is regulated by the Texas Department of Licensing and Regulation under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code; or

(B)

an alcohol awareness program described by Section 106.115 (Alcohol Awareness Program; License Suspension), Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code;

(7)

pay as reimbursement fees the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs;

(8)

complete a driving safety course approved under Chapter 1001 (Driver and Traffic Safety Education), Education Code, or another course as directed by the judge;

(9)

present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this article; and

(10)

comply with any other reasonable condition.

(b-1)

If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation:

(1)

Subsection (b)(8) does not apply;

(2)

during the deferral period, the judge shall require the defendant to complete a driving safety course approved under Chapter 1001 (Driver and Traffic Safety Education), Education Code; and

(3)

if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by Section 521.161 (Examination of License Applicants)(b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously.

(b-2)

A person examined as required by Subsection (b-1)(3) must pay a $10 reimbursement fee for the examination.

(b-3)

The reimbursement fee collected under Subsection (b-2) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521 (Driver’s Licenses and Certificates), Transportation Code.

(c)

On determining that the defendant has complied with the requirements imposed by the judge under this article, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction.

(c-1)

If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court shall:

(1)

notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and

(2)

require the defendant to appear at the time and place stated in the notice to show cause why the order of deferral should not be revoked.

(c-2)

On the defendant’s showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court may allow an additional period during which the defendant may present evidence of the defendant’s compliance with the requirements.

(d)

If on the date of a show cause hearing under Subsection (c-1) or, if applicable, by the conclusion of an additional period provided under Subsection (c-2) the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose the fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant. This subsection does not apply to a defendant required under Subsection (b-1) to complete a driving safety course approved under Chapter 1001 (Driver and Traffic Safety Education), Education Code, or an examination under Section 521.161 (Examination of License Applicants)(b)(2), Transportation Code.

(d-1)

If the defendant was required to complete a driving safety course or an examination under Subsection (b-1) and on the date of a show cause hearing under Subsection (c-1) or, if applicable, by the conclusion of an additional period provided under Subsection (c-2) the defendant does not present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed. The imposition of the fine constitutes a final conviction of the defendant.

(e)

Records relating to a complaint dismissed as provided by this article may be expunged under Article 55.01. If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose.

(f)

This article does not apply to:

(1)

an offense to which Section 542.404 (Fine for Offense in Construction or Maintenance Work Zone), Transportation Code, applies; or

(2)

a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who:

(A)

holds a commercial driver’s license; or

(B)

held a commercial driver’s license when the offense was committed.

(g)

If a judge requires a defendant under Subsection (b) to successfully complete an alcohol awareness program or substance misuse education program as described by Subdivision (6) of that subsection, unless the judge determines that the defendant is indigent and unable to pay the cost, the judge shall require the defendant to pay a reimbursement fee for the cost of the program. The judge may allow the defendant to pay the fee in installments during the deferral period.
Added by Acts 1981, 67th Leg., p. 894, ch. 318, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1987, 70th Leg., ch. 226, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 399, Sec. 1, eff. June 14, 1989. Subsec. (1) amended by Acts 1991, 72nd Leg., ch. 775, Sec. 19, eff. Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 835, Sec. 4, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 5.07, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 532, Sec. 1, eff. Sept. 1, 1999; 1999, 76th Leg., ch. 1387, Sec. 1, eff. Sept. 1, 1999. Renumbered from Vernon’s Ann.C.C.P. art. 45.54 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 50, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 3.002, eff. Sept. 1, 2001; Amended by Acts 2003, 78th Leg., ch. 991, Sec. 12, eff. Sept. 1, 2003; Amended by Acts 2003, 78th Leg., ch. 1182, Sec. 1, eff. Sept. 1, 2003; Subsec. (c) amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.01, eff. Jan. 11, 2004; Subsec. (c-1) amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.03, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 90 (S.B. 1005), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 3.01(a), eff. June 14, 2005.
Acts 2005, 79th Leg., Ch. 357 (S.B. 1257), Sec. 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 508 (S.B. 545), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 714 (H.B. 2267), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 3.001, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1121 (H.B. 1544), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 227 (H.B. 350), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 914 (S.B. 1330), Sec. 1, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1004 (H.B. 642), Sec. 4, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 21, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 20, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.19 (Report as to Prisoners), eff. January 1, 2020.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.20 (Deputy), eff. January 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.58, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 11, 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1021 (H.B. 5183), Sec. 4, eff. June 18, 2023.

Source: Article 45.050 — Failure to Pay Fine; Failure to Appear; Contempt: Juveniles, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45.­htm#45.­050 (accessed Mar. 23, 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:
Mar. 23, 2024

Art. 45.050’s source at texas​.gov