Texas Government Code - Section 21.002. Contempt Of Court
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§ 21.002. CONTEMPT OF COURT. (a) Except as provided by
Subsection (g), a court may punish for contempt.
(b) The punishment for contempt of a court other than a
justice court or municipal court is a fine of not more than $500 or
confinement in the county jail for not more than six months, or both
such a fine and confinement in jail.
(c) The punishment for contempt of a justice court or
municipal court is a fine of not more than $100 or confinement in
the county or city jail for not more than three days, or both such a
fine and confinement in jail.
(d) An officer of a court who is held in contempt by a trial
court shall, on proper motion filed in the offended court, be
released on his own personal recognizance pending a determination
of his guilt or innocence. The presiding judge of the
administrative judicial region in which the alleged contempt
occurred shall assign a judge who is subject to assignment by the
presiding judge other than the judge of the offended court to
determine the guilt or innocence of the officer of the court.
(e) Except as provided by Subsection (h), this section does
not affect a court's power to confine a contemner to compel the
contemner to obey a court order.
(f) Article 42.033, Code of Criminal Procedure, and Chapter
157, Family Code, apply when a person is punished by confinement for
contempt of court for disobedience of a court order to make periodic
payments for the support of a child. Subsection (h) does not apply
to that person.
(g) A court may not punish by contempt an employee or an
agency or institution of this state for failure to initiate any
program or to perform a statutory duty related to that program:
(1) if the legislature has not specifically and
adequately funded the program; or
(2) until a reasonable time has passed to allow
implementation of a program specifically and adequately funded by
the legislature.
(h) Notwithstanding any other law, a person may not be
confined for contempt of court longer than:
(1) 18 months, including three or more periods of
confinement for contempt arising out of the same matter that equal a
cumulative total of 18 months, if the confinement is for criminal
contempt; or
(2) the lesser of 18 months or the period from the date
of confinement to the date the person complies with the court order
that was the basis of the finding of contempt, if the confinement is
for civil contempt.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 2, § 8.44(1), eff. Aug. 28, 1989;
Acts 1989, 71st Leg., ch. 560, § 1, eff. June 14, 1989; Acts
1989, 71st Leg., ch. 646, § 1, eff. Aug. 28, 1989; Acts 1989,
71st Leg., 1st C.S., ch. 25, § 34, eff. Nov. 1, 1989; Acts 1995,
74th Leg., ch. 262, § 87, eff. Jan. 1, 1996; Acts 1997, 75th
Leg., ch. 165, § 7.24, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,
ch. 1297, § 71(4), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
425 § 1, eff. June 20, 2003.
Section: 1.001 1.002 1.003 21.001 21.002 21.004 21.005 21.006 21.007 21.008 21.009 22.001 22.002 22.003 22.004
Last modified: August 10, 2007
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