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Texas Code of Criminal Procedure - Article 43.10. Manual Labor

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 43.10. Manual Labor

Art. 43.10. MANUAL LABOR.  Where the punishment assessed in 
a conviction for misdemeanor is confinement in jail for more than 
one day, or where in such conviction the punishment is assessed only 
at a pecuniary fine and the party so convicted is unable to pay the 
fine and costs adjudged against him, or where the party is sentenced 
to jail for a felony or is confined in jail after conviction of a 
felony, the party convicted shall be required to work in the county 
jail industries program or shall be required to do manual labor in 
accordance with the provisions of this article under the following 
rules and regulations:
	1. Each commissioners court may provide for the erection of a 
workhouse and the establishment of a county farm in connection 
therewith for the purpose of utilizing the labor of said parties so 
convicted;
	2. Such farms and workhouses shall be under the control and 
management of the sheriff, and the sheriff may adopt such rules and 
regulations not inconsistent with the rules and regulations of the 
Commission on Jail Standards and with the laws as the sheriff deems 
necessary;
	3. Such overseers and guards may be employed by the sheriff 
under the authority of the commissioners court as may be necessary 
to prevent escapes and to enforce such labor, and they shall be paid 
out of the county treasury such compensation as the commissioners 
court may prescribe;
	4. They shall be put to labor upon public works and 
maintenance projects, including public works and maintenance 
projects for a political subdivision located in whole or in part in 
the county.  They may be put to labor upon maintenance projects for 
a cemetery that the commissioners court uses public funds, county 
employees, or county equipment to maintain under Section 713.028, 
Health and Safety Code.  They may also be put to labor providing 
maintenance and related services to a nonprofit organization that 
qualifies for a tax exemption under Section 501(a), Internal 
Revenue Code of 1986, as an organization described by Section 
501(c)(3) of that code, and is organized as a nonprofit corporation 
under the Texas Non-Profit Corporation Act (Article 1396-1.01 et 
seq., Vernon's Texas Civil Statutes), provided that, at the 
sheriff's request, the commissioners court determines that the 
nonprofit organization provides a public service to the county or 
to a political subdivision located in whole or in part in the 
county;
	5. One who from age, disease, or other physical or mental 
disability is unable to do manual labor shall not be required to 
work.  His inability to do manual labor may be determined by a 
physician appointed for that purpose by the county judge or the 
commissioners court, who shall be paid for such service such 
compensation as said court may allow;  and
	6. For each day of manual labor, in addition to any other 
credits allowed by law, a defendant is entitled to have one day 
deducted from each sentence he is serving.  The deduction 
authorized by this article, when combined with the deduction 
required by Article 42.10 of this code, may not exceed two-thirds 
(2/3) of the sentence.

Amended by Acts 1981, 67th Leg., p. 2647, ch. 708, Sec. 1, eff. Aug. 
31, 1981;  Acts 1989, 71st Leg., ch. 753, Sec. 2, eff. Sept. 1, 1989;  
Acts 1989, 71st Leg., ch. 785, Sec. 4.14, eff. Sept. 1, 1989;  Acts 
1991, 72nd Leg., ch. 900, Sec. 2, eff. Aug. 26, 1991;  Subsec. (a) 
amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.09, eff. 
Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 578, Sec. 3, eff. 
June 11, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 
1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 3.19, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 321, Sec. 3.015, eff. Sept. 1, 
1995;  Acts 2005, 79th Leg., ch. 853, Sec. 2, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1187, Sec. 1, eff. June 18, 2005.

Last modified: August 11, 2007