Tex.
Code of Crim. Proc. Article 45A.259
Capias Pro Fine
(a)
If the defendant is not in custody when the judgment is imposed or if the defendant fails to satisfy the judgment according to the terms of the judgment, the court may order a capias pro fine, as defined by Article 43.015 (Definitions), issued for the defendant’s arrest.(b)
The capias pro fine ordered under Subsection (a) must:(1)
state the amount of the judgment and sentence; and(2)
command the appropriate peace officer to:(A)
bring the defendant before the court immediately; or(B)
place the defendant in jail until the first 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)
a justice 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 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.(d)
The court may not issue a capias pro fine for the defendant’s failure to satisfy the judgment according to the terms of the judgment 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 (f) as a result of the hearing.(e)
If the justice or judge determines at the hearing under Subsection (d) 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 45A.252 (Sufficiency of Resources to Pay Fines or Costs). The justice or judge retains jurisdiction for the purpose of making a determination under this subsection.(f)
If the justice or judge determines at the hearing under Subsection (d) 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 that determination is made.(g)
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 45A.258 (Reconsideration of Satisfaction of Fines 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.(h)
A capias pro fine may not be issued for a person convicted for an offense committed before the person’s 17th birthday unless:(1)
the person 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 person;(B)
the criminal record and history of the person; 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 45A.461 (Failure to Pay Fine or Appear) to compel the person to discharge the judgment.(i)
This article does not limit the authority of a court to order a child taken into custody under Article 45A.453 (Child Taken into Custody) or 45A.455 (Child Taken into Custody for Violation of Juvenile Curfew or Order).
Source:
Article 45A.259 — Capias Pro Fine, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm#45A.259 (accessed Jun. 5, 2024).
