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Texas Code of Criminal Procedure

§ 43.091 — WAIVER OF PAYMENT OF FINES AND COSTS FOR CERTAIN DEFENDANTS AND FOR CHILDREN

CR § 43.091Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 43. EXECUTION OF JUDGMENT

Statute text

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(a)A court may waive payment of all or part of a fine imposed on a defendant if the court determines that:
(1)the defendant is indigent or does not have sufficient resources or income to pay all or part of the fine or was, at the time the offense was committed, a child as defined by Article 45A.453(a); and
(2)each alternative method of discharging the fine under Article 43.09 or 42.15 would impose an undue hardship on the defendant.
(b)A determination of undue hardship made under Subsection (a)(2) is in the court's discretion. In making that determination, the court may consider, as applicable, the defendant's:
(1)significant physical or mental impairment or disability;
(2)pregnancy and childbirth;

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 15, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1320 (S.B. 395), Sec. 2, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 2, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 8, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 7, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.07, eff. January 1, 2020. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.028, eff. January 1, 2025.

Source: Texas Code of Criminal Procedure § 43.091 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.