Tex.
Code of Crim. Proc. Article 45A.303
Deferred Disposition Requirements
(a)
Notwithstanding any other law, as an alternative to requiring a defendant charged with one or more offenses to pay all fines and court costs as required by Article 45A.302 (Deferred Disposition), the judge may:(1)
allow the defendant to enter into an agreement to pay those fines and costs in installments during the defendant’s period of deferral;(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 45A.254 (Community Service to Satisfy Fines or Costs) or 45A.460 (Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds);(3)
waive all or part of those fines and costs under Article 45A.257 (Waiver of Payment of Fines and Costs); 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)
secure payment of the fine by posting a bond in the amount of the fine assessed as punishment for the offense;(2)
pay restitution to the victim of the offense in an amount not to exceed the amount of 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 or drug abuse treatment or education program, such as:(A)
a drug education program that is designed to educate persons on the dangers of drug abuse 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 the costs of any diagnostic testing, psychosocial assessment, or treatment or education program participation as reimbursement fees:(A)
directly; or(B)
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 subchapter; and(10)
comply with any other reasonable condition.(c)
A judge who requires a defendant to successfully complete an alcohol awareness program or drug education program as described by Subsection (b)(6) shall require the defendant to pay a reimbursement fee for the cost of the program, unless the judge determines that the defendant is indigent and unable to pay the cost.(d)
The judge may allow the defendant to pay the fee described by Subsection (c) in installments during the deferral period.
Source:
Article 45A.303 — Deferred Disposition Requirements, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm#45A.303 (accessed Jun. 5, 2024).
