Tex. Code Crim. Proc. art. 45A.261 · Subchapter F. JUDGMENT, FINES, AND COSTS
COMMITMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge at a hearing makes a written determination that:
(1) the defendant is not indigent and has failed to make a good faith effort to discharge the fines or costs; or
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to discharge the fines or costs under Article 45A.254; and
(B) could have discharged the fines or costs under Article 45A.254 without experiencing any undue hardship.
(b) A certified copy of the judgment, sentence, and order is sufficient to authorize confinement under Subsection (a).
(c) For purposes of a hearing described by Subsection (a), a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court. For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.
(d) For purposes of a hearing described by Subsection (a), if the court that issued the capias pro fine is unavailable, the following may conduct the hearing:
(1) a justice court or county criminal law magistrate court with jurisdiction over Class C misdemeanors that is located in the same county as the issuing court, if the issuing court was a justice court; or
(2) a municipal court that is located in the same municipality as the issuing court, if the issuing court was a municipal court.
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.
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 8061857b37243eee02d0fb218228f5e507e3f576e6d024da98a8e27fe753686a
- 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
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.