Texas Code of Criminal Procedure

§ 42A.655 — ABILITY TO PAY

CR § 42A.655Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. N. PAYMENTS; FEES

Statute text

(a)The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter.

(b)Notwithstanding any other law and subject to Subsection (c), the court shall consider whether the defendant has sufficient resources or income to make any payments under this chapter, excluding restitution but including any fee, fine, reimbursement cost, court cost, rehabilitation cost, program cost, service cost, counseling cost, ignition interlock cost, assessment cost, testing cost, education cost, treatment cost, payment required under Article 42A.652, or any other payment or cost authorized or required under this chapter. The court shall consider under this subsection whether a defendant has sufficient resources or income:

(1)before or immediately after placing the defendant on community supervision, including deferred adjudication community supervision; and

(2)during the period of community supervision, before or immediately after the court orders or requires the defendant to make any payments under this chapter.

(c)Subsection (b) does not apply to consideration of a defendant's ability to pay restitution.

(d)Notwithstanding any other law, if a defendant is ordered to make a payment included under Subsection (b), the court shall reconsider whether the defendant has sufficient resources or income to make the payment at any hearing held under Article 42A.751(d).

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 8, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.025, eff. January 1, 2025.