Tex. Code Crim. Proc. art. 45A.253 · Subchapter F. JUDGMENT, FINES, AND COSTS
DISCHARGING FINES OR COSTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In imposing a fine and costs, the justice or judge shall allow the defendant to pay the fine and costs in specified portions at designated intervals if the justice or judge determines that the defendant is unable to immediately pay the fine and costs.
(b) If a diversion is not required under Subchapter K, a judge shall 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, regardless of whether the applicable offense occurred at a location specified by Subsection (a) of that article; or
(2) paying the fine and costs in a manner described by Article 45A.251(b).
(c) The defendant must make the election under Subsection (b) in writing. The defendant and, if present, the defendant's parent, guardian, or managing conservator must sign the election. The court shall maintain the written election as a record of the court and provide a copy to the defendant.
(d) Notwithstanding Article 45A.252 or any other provision of this chapter, in imposing a fine and costs, the justice or judge may not require a defendant who is under the conservatorship of the Department of Family and Protective Services or in extended foster care as provided by Subchapter G, Chapter 263, Family Code, to pay any amount of the fine and costs. In lieu of the payment of fine and costs, the justice or judge may require the defendant to perform community service as provided by Article 45A.254, 45A.459, or 45A.460, as appropriate.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.017(b), eff. September 1, 2025.
Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 10.01, eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm
- Text hash
- sha256 dd912f045999773ce2d762a17682ffb662c80b52d657decd9eacaa365f10af8b
- 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. 45A.251JUDGMENT.Printed as Article 45A.251(b)
- Tex. Code Crim. Proc. art. 45A.252SUFFICIENCY OF RESOURCES TO PAY FINES OR COSTS.Printed as Article 45A.252
- Tex. Code Crim. Proc. art. 45A.254COMMUNITY SERVICE TO SATISFY FINES OR COSTS.Printed as Article 45A.254, 45A.459, or 45A.460
- 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 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 45A.254, 45A.459, or 45A.460 | Article 45A.460
Cited by 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 45A.253. Each shows the citation as that text prints it.
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.