Texas Code of Criminal Procedure

§ 42.15 — FINES AND COSTS

CR § 42.15Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42. JUDGMENT AND SENTENCE

Statute text

(a)When the defendant is fined, the judgment shall be that the defendant pay the amount of the fine and all costs to the state. (a-1) Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire on the record whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:

(1)subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals;

(2)discharged by performing community service under, as applicable, Article 43.09(f), 45A.254, 45A.459, or 45A.460;

(3)waived in full or in part under Article 43.091 or 45A.257; or

(4)satisfied through any combination of methods under Subdivisions (1)-(3). (a-2) A defendant may waive the requirement for the inquiry described by Subsection (a-1) to be on the record.

(b)Subject to Subsections (c) and (d) and Article 43.091, when imposing a fine and costs, a court may direct a defendant:

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 464 (H.B. 27), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 464 (H.B. 27), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1320 (S.B. 395), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 1, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 4, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 4, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.13(1), eff. January 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 106 (S.B. 1373), Sec. 1, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.024, eff. January 1, 2025. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 12.005, eff. September 1, 2023.