Texas Code of Criminal Procedure - Article 45.050. Failure To Pay Fine; Contempt: Juveniles
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Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
In this article, "child" has the meaning assigned by Article
45.058(h).
(b) A justice or municipal court may not order the
confinement of a child for:
(1) the failure to pay all or any part of a fine or costs
imposed for the conviction of an offense punishable by fine only;
or
(2) contempt of another order of a justice or municipal
court.
(c) If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1) refer the child to the appropriate juvenile court for
delinquent conduct for contempt of the justice or municipal court
order; or
(2) retain jurisdiction of the case, hold the child in
contempt of the justice or municipal court, and order either or both
of the following:
(A) that the contemnor pay a fine not to exceed $500; or
(B) that the Department of Public Safety suspend the
contemnor's driver's license or permit or, if the contemnor does not
have a license or permit, to deny the issuance of a license or
permit to the contemnor until the contemnor fully complies with the
orders of the court.
(d) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if:
(1) the person was convicted for an offense committed before
the person's 17th birthday;
(2) the person failed to obey the order while the person was
17 years of age or older; and
(3) the failure to obey occurred under circumstances that
constitute contempt of court.
(e) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if the
person, while younger than 17 years of age, engaged in conduct in
contempt of an order issued by the justice or municipal court, but
contempt proceedings could not be held before the person's 17th
birthday.
(f) A court that orders suspension or denial of a driver's
license or permit under Subsection (c)(2)(B) shall notify the
Department of Public Safety on receiving proof of compliance with
the orders of the court.
(g) A justice or municipal court may not refer a child who
violates a court order while 17 years of age or older to a juvenile
court for delinquency proceedings for contempt of court.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 86, eff. Jan. 1, 1996.
Subsec. (b) amended by Acts 1999, 76th Leg., ch. 76, Sec. 7, eff.
Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.522 and
amended by Acts 1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1,
1999. Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1297, Sec.
51, eff. Sept. 1, 2001. Amended by Acts 2001, 77th Leg., ch. 1514,
Sec. 8, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 32,
eff. Sept. 1, 2003.
Article: 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 45.056
Last modified: August 11, 2007
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