Texas Code of Criminal Procedure

§ 45A.262 — DISCHARGED FROM JAIL

CR § 45A.262Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 45A. JUSTICE AND MUNICIPAL COURTS · Art. F. JUDGMENT, FINES, AND COSTS

Statute text

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(a)A defendant placed in jail due to failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:

(1)is indigent and cannot pay the fine and costs; or

(2)has remained in jail for a cumulative period that is sufficient to satisfy the fine and costs, at the rate of not less than $150 for each separate period served, as specified by the convicting court in the judgment in the case.

(b)A convicting court may specify a period that is not less than eight hours or more than 24 hours as the period for which a defendant who fails to pay the fine and costs in the case must remain in jail to satisfy $150 of the fine and costs.

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.