Texas Code of Criminal Procedure - Article 43.03. Payment Of Fine
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Art. 43.03. [787] [871] [849] PAYMENT OF FINE. (a) If a
defendant is sentenced to pay a fine or costs or both and the
defendant defaults in payment, the court after a hearing under
Subsection (d) of this article may order the defendant confined in
jail until discharged as provided by law, may order the defendant to
discharge the fines and costs in any other manner provided by
Article 43.09 of this code, or may waive payment of the fines and
costs as provided by Article 43.091. A certified copy of the
judgment, sentence, and order is sufficient to authorize
confinement under this subsection.
(b) A term of confinement for default in payment of fine or
costs or both may not exceed the maximum term of confinement
authorized for the offense for which the defendant was sentenced to
pay the fine or costs or both. If a court orders a term of
confinement for default in payment of fines or costs under this
article at a time during which a defendant is serving another term
of confinement for default or is serving a term of confinement for
conviction of an offense, the term of confinement for default runs
concurrently with the other term of confinement, unless the court
orders the terms to run consecutively under Article 42.08 of this
code.
(c) If a defendant is sentenced both to confinement and to
pay a fine or costs or both, and he defaults in payment of either, a
term of confinement for the default, when combined with the term of
confinement already assessed, may not exceed the maximum term of
confinement authorized for the offense for which the defendant was
sentenced.
(d) A court may not order a defendant confined under
Subsection (a) of this article unless the court at a hearing:
(1) determines that the defendant is not indigent or
determines that the defendant wilfully refused to pay or failed to
make sufficient bona fide efforts legally to acquire the resources
to pay and enters that determination in writing in the court docket;
and
(2) determines that no alternative method of discharging
fines and costs provided by Article 43.09 of this code is
appropriate for the defendant.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971,
62nd Leg., p. 2990, ch. 987, Sec. 2, eff. June 15, 1971; Acts 1973,
63rd Leg., p. 974, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1,
1993; Subsec. (a) amended by Acts 2001, 77th Leg., ch. 1111, Sec.
1, eff. Sept. 1, 2001.
Article: 42.19 42.20 42.21 42.22 42.23 43.01 43.02 43.03 43.04 43.05 43.06 43.07 43.08 43.09 43.091
Last modified: August 11, 2007
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