Tex. Code Crim. Proc. art. 42.15 · Chapter 42. JUDGMENT AND SENTENCE
FINES AND COSTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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:
(1) to pay the entire fine and costs when sentence is pronounced;
(2) to pay the entire fine and costs at some later date; or
(3) to pay a specified portion of the fine and costs at designated intervals.
(c) When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.
(d) A judge may allow a defendant who is a child, as defined by Article 45A.453(a), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by:
(1) performing community service or receiving tutoring under Article 45A.460; or
(2) paying the fine and costs in a manner described by Subsection (b).
(e) The election under Subsection (d) must be made in writing, signed by the defendant, and, if present, signed by the defendant's parent, guardian, or managing conservator. The court shall maintain the written election as a record of the court and provide a copy to the defendant.
(f) The requirement under Article 45A.460(a) that an offense occur in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the offense does not apply to the performance of community service or the receipt of tutoring to discharge a fine or costs under Subsection (d)(1).
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 1, eff. June 15, 1971.
Amended by:
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42.htm
- Text hash
- sha256 43d0df4bf9e8b59b3f5106d1bec7f19e279fb76c2fdcdbed8821edf381abddeb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 27.13PLEA OF GUILTY OR NOLO CONTENDERE IN FELONY.Printed as Article 27.13, 27.14(a), or 27.16(a)
- Tex. Code Crim. Proc. art. 27.14PLEA OF GUILTY OR NOLO CONTENDERE IN MISDEMEANOR.Printed as Article 27.13, 27.14(a), or 27.16(a)
- Tex. Code Crim. Proc. art. 27.16PLEA OF NOT GUILTY, HOW MADE.Printed as Article 27.13, 27.14(a), or 27.16(a)
- Tex. Code Crim. Proc. art. 43.09FINE DISCHARGED.Printed as Article 43.09(f), 45A.254, 45A.459, or 45A.460
- Tex. Code Crim. Proc. art. 43.091WAIVER OF PAYMENT OF FINES AND COSTS FOR CERTAIN DEFENDANTS AND FOR CHILDREN.Printed as Article 43.091 | Article 43.091 or 45A.257
- Tex. Code Crim. Proc. art. 45A.254COMMUNITY SERVICE TO SATISFY FINES OR COSTS.Printed as Article 43.09(f), 45A.254, 45A.459, or 45A.460
- Tex. Code Crim. Proc. art. 45A.257WAIVER OF PAYMENT OF FINES AND COSTS.Printed as Article 43.091 or 45A.257
- Tex. Code Crim. Proc. art. 45A.453CHILD TAKEN INTO CUSTODY.Printed as Article 45A.453(a)
- Tex. Code Crim. Proc. art. 45A.459COMMUNITY SERVICE TO SATISFY FINES OR COSTS FOR CERTAIN JUVENILE DEFENDANTS.Printed as Article 43.09(f), 45A.254, 45A.459, or 45A.460
- Tex. Code Crim. Proc. art. 45A.460COMMUNITY SERVICE TO SATISFY FINES OR COSTS FOR CERTAIN JUVENILE DEFENDANTS FOR OFFENSES ON SCHOOL GROUNDS.Printed as Article 43.09(f), 45A.254, 45A.459, or 45A.460 | Article 45A.460 | Article 45A.460(a)
Cited by 3 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 42.15. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 43.035RECONSIDERATION OF FINE OR COSTS.Printed as Article 42.15
- Tex. Code Crim. Proc. art. 43.05ISSUANCE AND RECALL OF CAPIAS PRO FINE.Printed as Article 42.15
- Tex. Code Crim. Proc. art. 43.091WAIVER OF PAYMENT OF FINES AND COSTS FOR CERTAIN DEFENDANTS AND FOR CHILDREN.Printed as Article 43.09 or 42.15
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.