Texas Code of Criminal Procedure - Article 45.049. Community Service In Satisfaction Of Fine Or Costs
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 45.049. Community Service In Satisfaction Of Fine Or Costs
Art. 45.049. COMMUNITY SERVICE IN SATISFACTION OF FINE OR
COSTS. (a) A justice or judge may require a defendant who fails to
pay a previously assessed fine or costs, or who is determined by the
court to have insufficient resources or income to pay a fine or
costs, to discharge all or part of the fine or costs by performing
community service. A defendant may discharge an obligation to
perform community service under this article by paying at any time
the fine and costs assessed.
(b) In the justice's or judge's order requiring a defendant
to participate in community service work under this article, the
justice or judge must specify the number of hours the defendant is
required to work.
(c) The justice or judge may order the defendant to perform
community service work under this article only for a governmental
entity or a nonprofit organization that provides services to the
general public that enhance social welfare and the general
well-being of the community. A governmental entity or nonprofit
organization that accepts a defendant under this article to perform
community service must agree to supervise the defendant in the
performance of the defendant's work and report on the defendant's
work to the justice or judge who ordered the community service.
(d) A justice or judge may not order a defendant to perform
more than 16 hours per week of community service under this article
unless the justice or judge determines that requiring the defendant
to work additional hours does not work a hardship on the defendant
or the defendant's dependents.
(e) A defendant is considered to have discharged not less
than $50 of fines or costs for each eight hours of community service
performed under this article.
(f) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county is not liable for damages arising
from an act or failure to act in connection with manual labor
performed by a defendant under this article if the act or failure to
act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly negligent, or
performed with conscious indifference or reckless disregard for the
safety of others.
Added by Acts 1993, 73rd Leg., ch. 298, Sec. 1, eff. May 27, 1993.
Renumbered from Vernon's Ann.C.C.P. art. 45.521 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1, 1999; Subsec. (e)
amended by Acts 2003, 78th Leg., ch. 209, Sec. 66(a), eff. Jan. 1,
2004.
Article: 45.0426 45.043 45.044 45.045 45.046 45.047 45.048 45.049 45.050 45.051 45.0511 45.052 45.053 45.054 45.055
Last modified: August 11, 2007
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