Tex. Code of Crim. Proc. Article 45A.459
Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants


(a)

This article applies only to a defendant younger than 17 years of age who is assessed a fine or cost for a Class C misdemeanor.

(b)

A justice or judge may require a defendant described by Subsection (a) to discharge all or part of the fine or cost by performing community service.

(c)

An order requiring a defendant to perform community service under this article must specify:

(1)

the number of hours of community service the defendant is required to perform, not to exceed 200 hours; and

(2)

the date by which the defendant must submit to the court documentation verifying that the defendant completed the community service.

(d)

The justice or judge may order the defendant to perform community service under this article:

(1)

by attending:

(A)

a work and job skills training program;

(B)

a preparatory class for the high school equivalency examination administered under Section 7.111 (High School Equivalency Examinations), Education Code;

(C)

an alcohol or drug abuse program;

(D)

a rehabilitation program;

(E)

a counseling program, including a self-improvement program;

(F)

a mentoring program; or

(G)

any similar activity; or

(2)

for:

(A)

a governmental entity;

(B)

a nonprofit organization or another organization that provides to the general public services that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or

(C)

an educational institution.

(e)

An entity that accepts a defendant to perform community service under this article must agree to:

(1)

supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service; and

(2)

report on the defendant’s community service to the justice or judge who ordered the service.

(f)

A justice or judge may not order a defendant to perform more than 16 hours of community service each week under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s family, as defined by Section 71.003 (Family), Family Code.

(g)

A sheriff, employee of a sheriff’s department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant to perform community service under this article is not liable for damages arising from an act or failure to act in connection with community service performed by a defendant under this article if the act or failure to act:

(1)

was performed pursuant to court order; and

(2)

was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.

(h)

A local juvenile probation department or a court-related services office may provide the administrative and other services necessary to supervise a defendant required to perform community service under this article.

(i)

A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article.

(j)

A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Source: Article 45A.459 — Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­45A.­htm#45A.­459 (accessed Jun. 5, 2024).

45A.001
Chapter Purpose and Objectives
45A.002
Definitions
45A.003
Applicability
45A.004
Rules of Evidence
45A.005
Prosecuting Attorney
45A.006
General Duties of Municipal Attorneys
45A.051
Electronic Records
45A.052
Court Seal
45A.053
Docket
45A.054
Filing by Mail
45A.055
Confidential Records Related to Fine-only Misdemeanors
45A.101
Complaint
45A.102
Objection to Charging Instrument
45A.103
Service of Process for Municipal Court
45A.104
Arrest Warrant
45A.105
Arrest Warrant Without Complaint
45A.106
Defendant Placed in Jail
45A.107
Bail
45A.108
Felony Offense Committed in Another County
45A.151
Defendant’s Plea
45A.152
Defendant’s Refusal to Plead
45A.153
Plea of Guilty or Nolo Contendere Generally
45A.154
Plea of Guilty or Nolo Contendere by Defendant in Jail
45A.155
Jury Waiver
45A.156
Jury Summoned
45A.157
Failure to Appear for Jury Trial
45A.158
Attorney Representing State Not Present for Trial
45A.159
Jury Selection and Formation
45A.160
Defendant’s Right to Attorney
45A.161
Order of Argument
45A.162
Directed Verdict
45A.163
Jury Charge
45A.164
Jury Kept Together During Deliberation
45A.165
Mistrial
45A.166
Verdict
45A.201
New Trial
45A.202
Appeal
45A.203
Appeal Bond
45A.204
Effect of Appeal
45A.251
Judgment
45A.252
Sufficiency of Resources to Pay Fines or Costs
45A.253
Discharging Fines or Costs
45A.254
Community Service to Satisfy Fines or Costs
45A.255
Community Service in Certain Cases Involving Deferred Disposition
45A.256
Forfeiture of Cash Bond to Satisfy Fines and Costs
45A.257
Waiver of Payment of Fines and Costs
45A.258
Reconsideration of Satisfaction of Fines or Costs
45A.259
Capias Pro Fine
45A.260
Appearance by Telephone or Videoconference
45A.261
Commitment
45A.262
Discharged from Jail
45A.263
Civil Collection of Fines and Costs After Judgment
45A.264
Collection of Fines and Costs by Municipality
45A.301
Applicability
45A.302
Deferred Disposition
45A.303
Deferred Disposition Requirements
45A.304
Deferred Disposition Requirements: Moving Violation Committed by Young Defendant
45A.305
Dismissal of Complaint on Compliance with Judicial Requirements
45A.306
Show Cause Hearing on Failure to Comply with Judicial Requirements
45A.307
Judicial Actions on Show Cause Hearing
45A.351
Applicability
45A.352
Driving Safety or Motorcycle Operator Training Course Completion
45A.353
Certain Defendants Entitled to Complete Driving Safety or Motorcycle Operator Training Course
45A.354
Content of Notice to Appear
45A.355
Extension for Good Cause
45A.356
Judicial Actions Following Plea
45A.357
Effect of Dismissal or Course Completion
45A.358
Additional Fines and Fees Relating to Course Request
45A.359
Driving Record Retrieval and Related Fee
45A.401
Dismissal of Misdemeanor Charge on Completion of Teen Court Program
45A.402
Dismissal of Complaint on Commitment of Person with Chemical Dependency
45A.403
Dismissal of Parent Contributing to Nonattendance Charge
45A.451
Juvenile Case Managers
45A.452
Plea
45A.453
Child Taken into Custody
45A.454
Conduct Alleged on School Property
45A.455
Child Taken into Custody for Violation of Juvenile Curfew or Order
45A.456
Continuing Obligation to Appear for Unadjudicated Child, Now Adult
45A.457
Finding that Offense Committed
45A.458
Finding of Electronic Transmission of Certain Visual Material Depicting Minor
45A.459
Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants
45A.460
Community Service to Satisfy Fines or Costs for Certain Juvenile Defendants for Offenses on School Grounds
45A.461
Failure to Pay Fine or Appear
45A.462
Confidential Records Related to Certain Charges Against or Convictions of Child
45A.463
Expunction of Certain Records of Child or Minor
45A.464
Expunction of Records Related to Failure to Attend School

Accessed:
Jun. 5, 2024

Art. 45A.459’s source at texas​.gov