Ability to Pay

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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 Tex. Code Crim. Proc. Art. 37.073 Repayment of Rewards

(a) After a defendant has been convicted of a felony offense, the judge may order a defendant to pay a fine repaying all or part of a reward paid by a

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crime stoppers organization.

(b) In determining whether the defendant must repay the reward or part of the reward, the court shall consider: (1) the ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment; and (2) the importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the state with due regard for the confidentiality of the crime stoppers organization records.

Felony

Not provided for

Before imposition of fine or fee Not provided for Other Yes

Nonpayment or partial payment/

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Texas Tex. Code Crim. Proc. Art. 42A.452 Treatment, Specialized Supervision, or Rehabilitation

On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay a reimbursement fee for all or part of the reasonable

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and necessary costs of the treatment, supervision, or rehabilitation.

Felony

Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

None specified

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Texas Tex. Code Crim. Proc. Art. 42A.408(f) Use of Ignition Interlock Device

If the court determines the defendant is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to exceed twice the length of

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the period of the court’s order.

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Not provided for

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

Reasonable payment schedule

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Texas Tex. Code Crim. Proc. Art. 42A.303(f) Substance Abuse Felony Program

In establishing the amount of a fee under Subsection (d)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated. The judge may not:

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(1) establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or (2) require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.

All

N/A

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

N/A

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Texas Tex. Code Crim. Proc. Art. 102.020(j) Costs Related to DNA Testing [Repealed Effective January 1, 2020]

The court may waive the imposition of a court cost under this article if the court determines that the defendant is indigent and unable to pay the cost.

All

Indigent and unable to pay the cost

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. 102.018(b) Reimbursement Fees and Expenses Attendant to Intoxication Convictions

Except as provided by Subsection (d), on conviction of an offense relating to the driving or operating of a motor vehicle punishable under Section 49.04(b), Penal Code, the court shall impose

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as a reimbursement fee on the defendant an amount that is equal to the reimbursement fee of an evaluation of the defendant performed under Article 42A.402(a). Reimbursement fees imposed under this subsection are in addition to other court costs and are due whether or not the defendant is granted community supervision in the case, except that if the court determines that the defendant is indigent and unable to pay the fee, the court may waive the imposition of the fee

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Indigent

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

Fee waiver

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Texas Tex. Code Crim. Proc. Art. 43.03(c) Payment of Fine

A court may not order a defendant confined under Subsection (a) of this article unless the court at a hearing makes a written determination that:(1) the defendant is not indigent

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and has failed to make a good faith effort to discharge the fines and costs; or (2) the defendant is indigent and: (A) has failed to make a good faith effort to discharge the fines and costs under Article 43.09(f); and (B) could have discharged the fines and costs under Article 43.09 without experiencing any undue hardship.

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For the purpose of establishing a right to representation by counsel, “indigent” means a person who is not financially able to employ counsel: Tex. Code Crim. Proc. art. 1.051.

At enforcement of fine or fee Not provided for Determined by judge after hearing Yes

None specified

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Texas Tex. Code Crim. Proc. Art. 42A.751(i) Violation of Conditions of Community Supervision; Detention and Hearing

(i) In a revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community

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supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.

All

Not provided for

At enforcement of fine or fee Burden on government to show ability to pay Determined by judge after hearing Yes

None specified

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Texas Tex. Code Crim. Proc. Art. 26.05(g) Compensation of Counsel Appointed to Defend

If the judge determines that a defendant has financial resources that enable the defendant to offset in part or in whole the costs of the legal services provided to the

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defendant in accordance with Article 1.051(c) or (d), including any expenses and costs, the judge shall order the defendant to pay during the pendency of the charges or, if convicted, as a reimbursement fee the amount that the judge finds the defendant is able to pay.

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge without hearing Yes

Pay only attorney fee that defendant can afford to pay.

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Texas Tex. Code Crim. Proc. art. 42.038(c)-(d) Reimbursement for Confinement Expenses

(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant’s sworn statement or affidavit filed with the court.

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A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered. The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered.

(d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant’s employment status, earning ability, and financial resources; and (2) any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.

Misdemeanor

The defendant’s employment status, earning ability, and financial resources; and any other special circumstances that may affect the defendant’s ability to pay, including child support obligations and including any financial

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responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.

Before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge without hearing No

May not require reimbursement.

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Texas Tex. Code Crim. Proc. Art. 42A.652(b) Monthly Reimbursement Fee

The judge may make payment of the monthly reimbursement fee a condition of granting or continuing the community supervision. The judge may waive or reduce the reimbursement fee or suspend

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a monthly payment of the fee if the judge determines that payment of the reimbursement fee would cause the defendant a significant financial hardship.

All

"significant financial hardship"

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

Waive or reduce the reimbursement fee or suspend a monthly payment of the fee

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Texas Tex. Code Crim. Proc. Art. 42.037(h) Restitution

(h) If a defendant is placed on community supervision or is paroled or released on mandatory supervision, the court or the parole panel shall order the payment of restitution ordered

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under this article as a condition of community supervision, parole, or mandatory supervision. The court may revoke community supervision and the parole panel may revoke parole or mandatory supervision if the defendant fails to comply with the order. In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider:
(1) the defendant’s employment status;
(2) the defendant’s current and future earning ability;
(3) the defendant’s current and future financial resources;
(4) the willfulness of the defendant’s failure to pay;
(5) any other special circumstances that may affect the defendant’s ability to pay; and
(6) the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense.

All

Consideration of the defendant’s employment status; the defendant’s current and future earning ability; the defendant’s current and future financial resources; the willfulness of the defendant’s failure to pay; any other special

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circumstances that may affect the defendant’s ability to pay; and the victim’s financial resources or ability to pay expenses incurred by the victim as a result of the offense.

At enforcement of fine or fee Not provided for Not provided for No

Will not revoke community supervision, parole, or mandatory supervision for failure to pay restitution as a condition.

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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.

All

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 § 76.017(e) Treatment Alternative to Incarceration Program

(e) A department may contract for the provision of treatment services. The department may pay for services only if other adequate public or private sources of payment are not available.

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A person is responsible for the payment of any treatment program recommended under this section if it is determined that a person referred for treatment is able to pay for the costs of treatment or if the person has insurance that will pay for the treatment. If a person is able to pay for treatment or if the person has insurance that will pay for the treatment, the payment may be made a condition for receiving treatment.

All

Not provided for

At enforcement of fine or fee Not provided for Administrative decision No

Not responsible for treatment program costs.

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Texas Tex. Gov't. Code § 79.034(a)(4) Policies and Standards

(a) The commission shall develop policies and standards for providing legal representation and other defense services to indigent defendants at trial, on appeal, and in postconviction proceedings. The policies and

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standards may include:
(4) standards for determining whether a person accused of a crime or juvenile offense is indigent;

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Indigent

Not provided for Not provided for Not provided for No Not provided for
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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.

All

Not provided for

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