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Texas Code of Criminal Procedure - Article 45.050. Failure To Pay Fine; Contempt: Juveniles

Legal Research Home > Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 45.050. Failure To Pay Fine; Contempt: Juveniles

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.

Last modified: August 11, 2007