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State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Texas Fines and Costs(a-1),(c) Tex. Code Crim. Proc. Art. 42.15

(a-1) [2 Versions: As added by Acts 2017, 85th Leg., ch. 1127] Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in

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which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs. If the court determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the court shall determine whether the fine and costs should be:
(1) subject to Subsection (c), required to be paid at some later date or in a specified portion at designated intervals;
(2) discharged by performing community service under, as applicable, Article 43.09(f), Article 45.049, Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011, or Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011;
(3) waived in full or in part under Article 43.091 or 45.0491; or
(4) satisfied through any combination of methods under Subdivisions (1)—(3).
(c) When imposing a fine and costs in a misdemeanor case, if the court determines that the defendant is unable to immediately pay the fine and costs, the court shall allow the defendant to pay the fine and costs in specified portions at designated intervals.

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Sufficient resources or income to immediately pay all or part of the fine and costs

Before imposition of fine or fee Not provided for Determined by judge without hearing No

Court may order payment (1) at some later date or in a specified portion at designated intervals, (2) discharged by performing community service, (3) waived in full or in part, or

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(4) satisfied through any combination of methods (case in which the defendant entered a plea); pay the fine and costs in specified portions at designated intervals (misdemeanor).

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Texas Tex. Gov't. Code § 103.021(3-a) Additional Fees and Costs in Criminal or Civil Cases: Code of Criminal Procedure

An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the

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court or otherwise required:
(3-a) costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) ... actual costs, subject to a determination of indigency;

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Indigent

Before imposition of fine or fee Not provided for Not provided for No

Not provided for

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Texas Tex. Code Crim. Proc. Art. 42A.655 Ability to Pay

The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter.

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Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing No Not provided for