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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Texas | Tex. Penal Code § 12.21 | fine for Class A misdemeanor |
An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not + See moreto exceed one year; or (3) both such fine and confinement.
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$0 - $4000 | Misdemeanor | No | Court | N/A |
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Texas | Tex. Penal Code § 12.22 | fine for Class B misdemeanor |
An individual adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed + See more180 days; or (3) both such fine and confinement.
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$0 - $2000 | Misdemeanor | No | Court | N/A |
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Texas | Tex. Penal Code § 12.23 | fine for Class C misdemeanor | An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500. | $0 - $500 | Misdemeanor | No | Court | N/A |
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Texas | Tex. Penal Code § 12.32-35 | fine for Felony |
In addition to imprisonment, an individual adjudged guilty of a felony of the first [second, third, or state jail felony ] degree may be punished by a fine not to + See moreexceed $10,000.
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$0 - $10000 | Felony | No | Court | N/A |
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Texas | Tex. Code Crim. Proc. Art. 102.014(d) | court costs for parent contributing to truancy |
A person convicted of an offense under Section 25.093, Education Code, shall pay as taxable court costs $20 in addition to other taxable court costs. The additional court costs under + See morethis subsection shall be collected in the same manner that other fines and taxable court costs in the case are collected.
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$20 | Misdemeanor | Yes | Court | N/A |
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Texas | Tex. Code Crim. Proc. Art. 102.014(c) | court costs for school zone violation |
person convicted of an offense under Subtitle C, Title 7, Transportation Code, when the offense occurs within a school crossing zone . . . shall pay as court costs $25 + See morein addition to other taxable court costs . . .
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$25 | Misdemeanor | Yes | Court | N/A |
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Texas | Tex. Code Crim. Proc. Art. 102.014(b) | court costs for traffic and safety violations |
The governing body of a municipality with a population greater than 850,000 according to the most recent federal decennial census that has adopted an ordinance, regulation, or order regulating the + See morestopping, standing, or parking of vehicles as allowed by Section 542.202, Transportation Code, or Chapter 682, Transportation Code, shall by order assess a court cost on each parking violation not less than $2 and not to exceed $5. . . the governing body of a municipality with a population less than 850,000 according to the most recent federal decennial census that has adopted an ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles as allowed by Section 542.202, Transportation Code, or Chapter 682, Transportation Code, may by order assess a court cost on each parking violation not to exceed $5. The additional court cost under this subsection shall be collected in the same manner that other fines in the case are collected.
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$2 - $5 | Traffic | No | Court | Authority is delegated to municipality |
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Texas | Tex. Penal Code § 12.43 | fine for Habitual Misdemeanor Offenders (Class A) |
If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on + See moreconviction he shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for any term of not more than one year or less than 90 days; or (3)both such fine and confinement.
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$0 - $4000 | Misdemeanor | No | Court | N/A |
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Texas | Tex. Penal Code § 12.43 | fine for Habitual Misdemeanor Offenders (Class B) |
If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree + See moreof felony, on conviction he shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for any term of not more than 180 days or less than 30 days; or (3)both such fine and confinement.
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$0 - $2000 | Misdemeanor | No | Court | N/A |
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Texas | Tex. Penal Code § 12.43 | fine for Habitual Misdemeanor Offenders (Class C) |
If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either + See moreof those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by: (1)a fine not to exceed $2,000; (2)confinement in jail for a term not to exceed 180 days; or (3)both such fine and confinement.
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$0 - $2000 | Misdemeanor | No | Court | N/A |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Texas | Tex. Code Crim. Proc. Art 43.09 (f),(j)-(k) | Fine Discharged |
(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service. (j) A court may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) unless the court determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s dependents.
(k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article |
Community service | All | No |
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Texas | Tex. Code Crim. Proc. art. 42.15(c) | Fines and Costs |
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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Payment plan/installment plan | Misdemeanor | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.752(a)-(b) | Continuation or Modification of Community Supervision After Violation |
(a) If after a hearing under Article 42A.751(d) a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including: (1) a requirement that the defendant perform community service for a number of hours specified by the court under Article 42A.304, or an increase in the number of hours that the defendant has previously been required to perform under that article in an amount not to exceed double the number of hours permitted by that article; (2) an extension of the period of community supervision, in the manner described by Article 42A.753; (3) an increase in the defendant’s fine, in the manner described by Subsection (b); or (4) the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code . . .
(b) A judge may impose a sanction on a defendant described by Subsection (a)(3) by increasing the fine imposed on the defendant. The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced. The judge shall deposit money received from an increase in the defendant’s fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code. |
Community service, Extension of probation/supervision, Increased fine | All | No |
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Texas | Tex. Loc. Gov't Code § 133.103(a) | Time Payment fee |
A person convicted of an offense shall pay, in addition to all other costs, a fee of $25 if the person:(1) has been convicted of a felony or misdemeanor; and (2) pays any part of a fine, court costs, or restitution on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution.
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Increased fine | All | Yes |
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Texas | Tex. Code Crim. Proc. art. 102.072 | Administrative Fee |
An officer listed in Article 103.003 or a community supervision and corrections department may assess an administrative fee for each transaction made by the officer or department relating to the collection of fines, fees, restitution, or other costs imposed by a court. The fee may not exceed $2 for each transaction.
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Increased fine | All | No |
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Texas | Tex. Code Crim. Proc. Art. 43.07 | Execution for Fine and Costs |
In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine may issue for the defendant though an execution was issued against the defendant's property. The execution shall be collected and returned as in civil actions. When the execution has been collected, the defendant shall be at once discharged; and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.
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Property liens | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(a)(8)-(9) | Basic Discretionary Conditions |
The judge of the court having jurisdiction of the case shall determine the conditions of community supervision. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include conditions requiring the defendant to:
(8) pay in one or more amounts: (A) the defendant’s fine, if one is assessed; and (B) all court costs, regardless of whether a fine is assessed; (9) support the defendant’s dependents |
Condition or extension of supervision | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.751(b),(e) | Violation of Conditions of Community Supervision; Detention and Hearing |
(b) At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be arrested. Any supervision officer, police officer, or other officer with the power of arrest may arrest the defendant with or without a warrant on the order of the judge to be noted on the docket of the court. Subject to Subsection (c), a defendant arrested under this subsection may be detained in the county jail or other appropriate place of confinement until the defendant can be taken before the judge for a determination regarding the alleged violation.
(e) A judge may revoke without a hearing the community supervision of a defendant who is imprisoned in a penal institution if the defendant in writing before a court of record or a notary public in the jurisdiction where the defendant is imprisoned |
Incarceration | All | No |
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Texas | Tex. Code Crim. Proc. Art. 42A.607 | Disposition of Salary |
If a defendant who is required as a condition of community supervision to serve a term of confinement under this subchapter is not required by the judge to deliver the defendant’s salary to the restitution center director, the employer of the defendant shall deliver the salary to the director. The director shall deposit the salary into a fund to be given to the defendant on release after the director deducts:
(1) the cost to the center for the defendant’s food, housing, and supervision; (2) the necessary expense for the defendant’s travel to and from work and community service projects, and other incidental expenses of the defendant; (3) support of the defendant’s dependents; and (4) restitution to the victims of an offense committed by the defendant |
Wage/bank account garnishment | All | Yes |
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Texas | Tex. Code Crim. Proc. Art. 42A.652(b) | Monthly Reimbursement Fee |
The judge may make payment of the monthly fee a condition of granting or continuing the community supervision. |
Condition or extension of supervision | All | No |
Ability to Pay
| 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 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 and necessary costs of the treatment, supervision, or rehabilitation.
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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 the period of the court’s order.
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All |
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: (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.
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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 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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All |
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 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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All |
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 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.
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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 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.
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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. 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 responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.
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Before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
May not require reimbursement. |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Texas | Tex. Code Crim. Proc. Art. 103.010 | Receipt book |
(a) Each county shall provide a receipt book to each officer collecting fines and fees in criminal cases for the county. The book must contain duplicate official receipts. Each receipt must bear a distinct number and a facsimile of the official seal of the county.
(b) An officer who collects fines or fees in a criminal case shall give the person paying the money a receipt from the receipt book. The receipt must show: (1) the amount of money paid;(2) the date the money was paid;(3) the style and number of the case in which the costs were accrued;(4) the item of costs; (5) the name of the person paying the money; and (6) the official signature of the officer receiving the money. (c) Instead of a receipt book, each officer collecting fines or fees in criminal cases for the county may maintain the information listed in Subsections (b)(1)-(5) in a computer database.The officer shall provide a receipt to each person paying a fine or fee. |
Obligation to collect or record | Clerk, County, Law enforcement |
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Texas | Tex. Loc. Gov't Code Sec. 133.054 | General record of fees collected - officer/clerk |
(a) An officer or clerk collecting a fee shall keep a record of the money collected. (b) The treasurer shall keep a record of the money collected and on deposit in the treasury.
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Obligation to collect or record | Clerk, Law enforcement |
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Texas | Tex. Code Crim. Proc. Art. 103.009(a)(c) | Fee Records |
(a) Each clerk of a court, county judge, justice of the peace, sheriff, constable, and marshal shall keep a fee record. The record must contain: (1) a statement of each fee or item of cost charged for a service rendered in a criminal action or proceeding;(2) the number and style of the action or proceeding; and (3) the name of the officer or person who is entitled to receive the fee.
(b) Any person may inspect a fee record described by Subsection (a). (c) A statement of an item of cost in a fee record is prima facie evidence of the correctness of the statement. (d) The county shall provide to officers required to keep a fee record by this article equipment and supplies necessary to keep the record. |
Obligation to collect or record, Obligation to report/conduct analysis, Obligation to respond to public records requests | Clerk, State courts |
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Texas | Tex. Code Crim. Proc. Art. 102.0185(d)-(e)(1) | Fine for Intoxication Convictions: Emergency Medical Services, Trauma Facilities, and Trauma Care Systems |
(d) The officer collecting the fines under this article shall keep separate records of the money collected and shall pay the money to the custodian of the municipal or county treasury. (e) The custodian of the municipal or county treasury shall: (1) keep records of the amount of money collected under this article that is deposited with the treasury under this article
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Obligation to collect or record | County, Municipality/municipal agency |
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Texas | Tex. Code Crim. Proc. Art. 102.0178(c)-(d),(f),(h) | Costs Attendant to Certain Intoxication and Drug Convictions |
(c) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury, as appropriate.
(d) The custodian of a county treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) except as provided by Subsection (e), send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) Funds collected under this article are subject to audit by the comptroller. |
Obligation to collect or record, Obligation to report/conduct analysis | County |
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Texas | Tex. Code Crim. Proc. Art. 102.020(d)-(e),(g),(i) | Costs Related to DNA Testing Currentness |
(d) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury.
(e) The custodian of a county treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (g) If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (i) Funds collected under this article are subject to audit by the comptroller. |
Obligation to collect or record, Obligation to report/conduct analysis | County |
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Texas | Tex. Gov't Code Sec. 51.851(j)-(k) | Electronic Filing Fee |
(j) The comptroller may audit the records of a county related to costs and fees collected under this section. (k) Money spent from costs and fees collected under this section is subject to audit by the state auditor.
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Obligation to report/conduct analysis | Clerk, State courts |
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Texas | Tex. Code Crim. Proc. Art. 102.015(e),(i) | Court Costs: Truancy Prevention and Diversion Fund Currentness |
(e) The custodian of a county treasury or municipal treasury, as applicable, shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter, except that the custodian may retain 50 percent of funds collected under this article for the purpose of operating or establishing a juvenile case manager program, if the county or municipality has established or is attempting to establish a juvenile case manager program.
(i) Funds collected under this article are subject to audit by the comptroller. |
Obligation to collect or record, Obligation to report/conduct analysis | County, Municipality/municipal agency |
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Texas | Tex. Code Crim. Proc. Art. 102.001(f) | Reimbursment Fees for Services of Peace Officers |
(f) An officer who receives fees imposed under Subsection (a)(1) of this section in a municipal court shall keep separate records of the funds collected and shall deposit the funds in the municipal treasury. The officer collecting the fees under Subsection (a)(1) or (a)(2) of this article in a justice, county, or district court shall keep separate records of the funds collected and shall deposit the funds in the county treasury.
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Obligation to collect or record | Law enforcement |
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Texas | Tex. Loc. Gov't Code Sec. 133.056 | Quarterly Report for Criminal Fees Currentness |
(a) On the last day of the month following a calendar quarter, the treasurer shall report the criminal fees collected for the preceding calendar quarter. (b) For fees collected for convictions of offenses committed on or after January 1, 2004, a municipality or county shall report the fees collected for a calendar quarter categorized according to the class of offense.
(c) For fees collected for convictions of offenses committed before January 1, 2004, a municipality or county shall report the total of fees collected for a calendar quarter. |
Obligation to report/conduct analysis | County, Municipality/municipal agency |
Collections Infrastructure
| State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Texas | Tex. Code Crim. Proc. Art. 103.003 | Collection |
(a) District and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace may collect money payable under this title. (b) A community supervision and corrections department and a county treasurer may collect money payable under this title with the written approval of the clerk of the court or fee officer, and may collect money payable as otherwise provided by law.
(c) This article does not limit the authority of a commissioners court to contract with a private vendor or private attorney for the provision of collection services under Article 103.0031. |
County, District Attorneys, Law enforcement, Private actors, State courts, Supervision agency |
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Texas | Tex. Code Crim. Proc. Art. 103.0031(a)-(i) | Collection Contracts |
(a) The commissioners court of a county or the governing body of a municipality may enter into a contract with a private attorney or a public or private vendor for the provision of collection services for one or more of the following items: (1) debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by: (A) a court serving the county or a court serving the municipality, as applicable; or (B) a hearing officer serving the municipality under Chapter 682, Transportation Code; (3) false alarm penalties or fees imposed by a county under Chapter 118 or 233, Local Government Code, or by a municipality under a municipal ordinance.
(b) A commissioners court or governing body of a municipality that enters into a contract with a private attorney or private vendor under this article may authorize the addition of a collection fee in the amount of 30 percent on each item described in Subsection (a) that is more than 60 days past due and has been referred to the attorney or vendor for collection. The collection fee does not apply to a case that has been dismissed by a court of competent jurisdiction or to any amount that has been satisfied through time-served credit or community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than 60 days past due. Unless the contract provides otherwise, the court shall calculate the amount of any collection fee due to the governmental entity or to the private attorney or private vendor performing the collection services and shall receive all fees, including the collection fee. With respect to cases described by Subsection (a)(2), the amount to which the 30 percent collection fee applies is: (1) the amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case, if the accused voluntarily agrees to pay that amount; or (2) the amount ordered paid by the court after plea or trial. (c) The governing body of a municipality with a population of more than 1.9 million may authorize the addition of collection fees under Subsection (b) for a collection program performed by employees of the governing body. (d) A defendant is not liable for the collection fees authorized under Subsection (b) if the court of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs. (e) If a county or municipality has entered into a contract under Subsection (a) and a person pays an amount that is less than the aggregate total to be collected under Subsections (a) and (b), the allocation to the comptroller, the county or municipality, and the private attorney or vendor shall be reduced proportionately. (f) An item subject to collection services under Subsection (a) and to the additional collection fee authorized by Subsection (b) is considered more than 60 days past due under Subsection (b) if it remains unpaid on the 61st day after the following appropriate date: (1) with respect to an item described by Subsection (a)(1), the date on which the debt, fine, fee, forfeited bond, or court cost must be paid in full as determined by the court or hearing officer; (2) with respect to an item described by Subsection (a)(2), the date by which the accused promised to appear or was notified, summoned, or ordered to appear; or (3) with respect to an item described by Subsection (a)(3), the date on which a penalty or fee is due under a rule or order adopted under Chapter 233, Local Government Code, or an ordinance, policy, procedure, or rule of a municipality. (g) A county or municipality that enters into a contract under Subsection (a) may not use the additional 30 percent collection fee authorized by Subsection (b) for any purpose other than compensating the private attorney or private vendor who earns the fee. (h) This section does not apply to the collection of commercial bail bonds. (i) The commissioners court of a county or the governing body of a municipality may enter into a contract as described in this article to collect a debt incurred as a result of the commission of a criminal or civil offense committed before the effective date of this subsection. The collection fee does not apply to a debt collected pursuant to a contract entered into under this subsection. |
Private actors |
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Texas | Tex. Code Crim. Proc. Art. 102.0185(c) | Fine for Intoxication Convictions: Emergency Medical Services, Trauma Facilities, and Trauma Care Systems |
(c) Fines imposed under this article are collected in the manner provided for the collection of court costs by Subchapter B, Chapter 133, Local Government Code. |
Court |
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Texas | Tex. Gov't. Code § 76.012 | Reporting and Management Services |
A department may enter into a contract with a public or private vendor to provide telephone reporting, automated caseload management, and collection services for fines, fees, restitution, and other costs ordered to be paid by a court or fees imposed by a department.
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Texas | Tex. Code Crim. Proc. Art. 102.0121 | Fees for Certain Expenses Related to Pretrial Intervention Programs |
(a) A district attorney, criminal district attorney, or county attorney may collect a fee in an amount not to exceed $500 to be used to reimburse a county for expenses, including expenses of the district attorney's, criminal district attorney's, or county attorney's office, related to a defendant's participation in a pretrial intervention program offered in that county.
(b) The district attorney, criminal district attorney, or county attorney may collect the fee from any defendant who participates in a pretrial intervention program administered in any part by the attorney's office. |
District attorney |
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Texas | Tex. Code Crim. Proc. Art. 102.0178(c) | Costs Attendant to Certain Intoxication and Drug Convictions |
(c) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury, as appropriate.
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Texas | Tex. Code Crim. Proc. Art. 102.0186(c) | Fine for Certain Child Sexual Assault and Related Convictions |
(c) The clerks of the respective courts shall collect the fines and pay the fines to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county child abuse prevention fund. A fund designated by this subsection may be used only to fund child abuse prevention programs in the county where the court is located.
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Texas | Tex. Code Crim. Proc. Art. 103.025 | Alternative Payment Procedure for Certain Past Due Fines and Costs |
a) This article applies to a defendant's past due payment on a judgment for a fine and related court costs if a capias pro fine has been issued in the case.
(b) Notwithstanding any other provision of law, the court may adopt an alternative procedure for collecting a past due payment described by Subsection (a). Under the procedure, a peace officer who executes a capias pro fine or who is authorized to arrest a defendant on other grounds and knows that the defendant owes a past due payment described by Subsection (a): (1) shall inform the defendant of: (A) the possibility of making an immediate payment of the fine and related court costs by use of a credit or debit card; and (B) the defendant's available alternatives to making an immediate payment; and (2) may accept, on behalf of the court, the defendant's immediate payment of the fine and related court costs by use of a credit or debit card, after which the peace officer may release the defendant as appropriate based on the officer's authority for the arrest. (c) A peace officer accepting a payment under Subsection (b)(2) may also accept payment for fees for the issuance and execution of the capias pro fine. |
Court, Law enforcement, Other |
Revenue Flow
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Texas | Tex. Code Crim. Proc. Art. 102.0171 | Fines: Juvenile Delinquency Prevention Funds |
(a) A defendant convicted of an offense under Section 28.08, Penal Code, in a county court, county court at law, or district court shall pay a fine of $50 for juvenile delinquency prevention and graffiti eradication.
(c) The clerks of the respective courts shall collect the fines and pay the fines to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county juvenile delinquency prevention fund. A fund designated by this subsection may be used only to: (1) repair damage caused by the commission of offenses under Section 28.08, Penal Code; (2) provide educational and intervention programs and materials, including printed educational materials for distribution to primary and secondary school students, designed to prevent individuals from committing offenses under Section 28.08, Penal Code; (3) provide to the public rewards for identifying and aiding in the apprehension and prosecution of offenders who commit offenses under Section 28.08, Penal Code; (4) provide funding for teen recognition and teen recreation programs; (5) provide funding for local teen court programs; (6) provide funding for the local juvenile probation department; and (7) provide educational and intervention programs designed to prevent juveniles from engaging in delinquent conduct. (d) The county juvenile delinquency prevention fund shall be administered by or under the direction of the commissioners court. |
County | N/A | Misdemeanor |
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Texas | Tex. Loc. Gov't Code Sec. 414.001; Tex. Code Crim. Proc. Art. 37.073 | Definitions; Repayment of Rewards; Fines |
Tex. Loc. Gov't Code Sec. 414.001(2) “Crime stoppers organization” means: (A) a private, nonprofit organization that is operated on a local or statewide level, that accepts donations and expends funds for rewards to persons who submit tips under Section 414.0015(a), and that forwards the information received from tips to the appropriate law enforcement agency, school district, or open-enrollment charter school as provided by Section 414.0015(b); or (B) a public organization that is operated on a local or statewide level, that pays rewards to persons who submit tips under Section 414.0015(a), and that forwards the information received from tips to the appropriate law enforcement agency, school district, or open-enrollment charter school as provided by Section 414.0015(b).
Tex. Code Crim. Proc. Art. 37.073(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 crime stoppers organization. |
Private actors |
Public agencies, which also may act as "crime stoppers" organizations |
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Texas | Tex. Code Crim. Proc.. Art. 102.017(a)-(b) | Courthouse Security Fund; Municipal Court Building Security Fund; Justice Court Building Security Fund |
(a) The courthouse security fund is a fund in the county treasury, and the municipal court building security fund is a fund in the municipal treasury. The funds consist of money allocated to the funds under Sections 134.101, 134.102, and 134.103, Local Government Code.
(b) Money deposited in a courthouse security fund may be used only for security personnel, services, and items related to buildings that house the operations of district, county, or justice courts, and money deposited in a municipal court building security fund may be used only for security personnel, services, and items related to buildings that house the operations of municipal courts. For purposes of this subsection, operations of a district, county, or justice court include the activities of associate judges, masters, magistrates, referees, hearing officers, criminal law magistrate court judges, and masters in chancery . . . |
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Municipal courts |
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Texas | Tex. Code Crim. Proc. Art. 102.0186(a),(c) | ine for Certain Child Sexual Assault and Related Convictions |
(a) A person convicted of an offense under Section 21.02, 21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26, Penal Code, shall pay a fine of $100 on conviction of the offense. (c) The clerks of the respective courts shall collect the fines and pay the fines to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county child abuse prevention fund. A fund designated by this subsection may be used only to fund child abuse prevention programs in the county where the court is located.
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child abuse prevention programs |
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Texas | Tex. Transp. Code Sec. 542.403(a)-(b) | Fines |
(a) In addition to other costs, the court shall order a person convicted of a misdemeanor under this subtitle to pay a fine of $3. (b) The officer who collects a fine under this section shall:
(1) deposit in the municipal treasury a fine collected in a municipal court case; and (2) deposit in the county treasury a fine collected in a justice court case or in a county court case, including a case appealed from a justice or municipal court. |
Municipality/municipal agency |
County |
Misdemeanor |
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Texas | Tex. Code Crim. Proc. Art. 102.014(f)-(h) | Fines for Child Safety Fund in Municipalities |
(f) In a municipality with a population greater than 850,000 according to the most recent federal decennial census, the officer collecting a fine in a municipal court case shall deposit money collected under this article in the municipal child safety trust fund established as required by Chapter 106, Local Government Code.
(g) In a municipality with a population less than 850,000 according to the most recent federal decennial census, the money collected under this article in a municipal court case must be used for a school crossing guard program if the municipality operates one. If the municipality does not operate a school crossing guard program or if the money received from fines from municipal court cases exceeds the amount necessary to fund the school crossing guard program, the municipality may: (1) deposit the additional money in an interest-bearing account; (2) expend the additional money for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention; or (3) expend the additional money for programs designed to enhance public safety and security. (h) Money collected under this article in a justice, county, or district court shall be used to fund school crossing guard programs in the county where they are collected. If the county does not operate a school crossing guard program, the county may: (1) remit fine revenues to school districts in its jurisdiction for the purpose of providing school crossing guard services; (2) fund programs the county is authorized by law to provide which are designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention; (3) provide funding to the sheriff’s department for school-related activities; (4) provide funding to the county juvenile probation department; or (5) deposit the money in the general fund of the county. |
Municipality/municipal agency |
Local law enforcement; school districts; children; county programs; county general fund. |
Misdemeanor |
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Texas | Tex. Code Crim. Proc. Art. 42A.653(c) | Additional Monthly Fine for Certain Sex Offenders |
(c) A community supervision and corrections department shall deposit a fine collected under this article to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code. The comptroller shall deposit the fine in the sexual assault program fund under Section 420.008, Government Code.
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Sexual Assault fund |
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Texas | Tex. Loc. Gov't Code Sec. 133.102 | Consolidated Fees on Conviction |
(e) The comptroller shall allocate the court costs received under this section to the following accounts and funds so that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following percentages:
(1) crime stoppers assistance account 0.2427 percent; (2) breath alcohol testing account 0.3900 percent; (3) Bill Blackwood Law Enforcement Management Institute account 1.4741 percent; (4) Texas Commission on Law Enforcement account 3.4418 percent; (5) law enforcement and custodial officer supplement retirement trust fund 7.2674 percent; (6) criminal justice planning account 8.5748 percent; (7) an account in the state treasury to be used only for the establishment and operation of the Center for the Study and Prevention of Juvenile Crime and Delinquency at Prairie View A&M University 0.8540 percent; (8) compensation to victims of crime account 24.6704 percent; (9) emergency radio infrastructure account 3.6913 percent; (10) judicial and court personnel training account3.3224 percent; (11) an account in the state treasury to be used for the establishment and operation of the Correctional Management Institute of Texas and Criminal Justice Center Account 0.8522 percent; (12) fair defense account 17.8857 percent; (13) judicial fund 12.2667 percent; (14) DNA testing account 0.1394 percent; (15) specialty court account 1.0377 percent; (16) statewide electronic filing system account 0.5485 percent; (17) jury service fund 6.4090 percent; (18) truancy prevention and diversion account 2.5956 percent; and (19) transportation administrative fee account 4.3363 percent. (f) Of each dollar credited to the Texas Commission on Law Enforcement account under Subsection (e)(4): (1) 33.3 cents may be used only to pay administrative expenses; and (2) the remainder may be used only to pay expenses related to continuing education for persons licensed under Chapter 1701, Occupations Code. |
State/statewide agency |
Law enforcement; state courts; crime stoppers (private actors); supervision agency; victims fund. |
Felony, Misdemeanor |
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Texas | Tex. Code Crim. Proc. Art. 102.015 | Court Costs: Truancy Prevention and Diversion Fund |
(d) Court costs under this article are collected in the same manner as other fines or costs. An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury or municipal treasury, as applicable.
(g) The comptroller shall deposit the funds received under this article to the credit of a dedicated account in the general revenue fund to be known as the truancy prevention and diversion fund. The legislature may appropriate money from the account only to the criminal justice division of the governor’s office for distribution to local governmental entities for truancy prevention and intervention services. |
General Fund |
County/municipality. |
Misdemeanor |
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Texas | Tex. Code Crim. Proc. Art. 42A.455 | Payment to Children’s Advocacy Center |
A judge who grants community supervision to a defendant charged with or convicted of an offense under Section 21.11 or 22.011(a)(2) [child sex crimes], Penal Code, may require the defendant to make one payment in an amount not to exceed $50 to a children's advocacy center established under Subchapter E, Chapter 264, Family Code..
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County - "child advocacy centers" operate at the county level |
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Structure of Courts
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Texas | Tex. Const. Art. 5 Sec. 1 | Judicial power; courts in which vested |
The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.
The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. |
State courts | Creation of the courts |
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Texas | Tex. Con. Art. 5 Sec. 19 | Justices of the peace; jurisdiction; appeals; ex officio notaries public; times and places of holding court |
Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. Justices of the peace shall be ex officio notaries public.
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Justice of the Peace Courts | Jurisdiction of the courts |
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Texas | Tex. Loc. Gov't Code §26.045 | Original Criminal Jurisdiction |
(a) Except as provided by Subsection (c), a county court has exclusive original jurisdiction of misdemeanors other than misdemeanors involving official misconduct and cases in which the highest fine that may be imposed is $500 or less.
(b) Except as provided by Subsection (c), a county court has jurisdiction in the forfeiture and final judgment of bonds and recognizances taken in criminal cases within the court's jurisdiction. (c) Except as provided by Subsections (d) and (f), a county court that is in a county with a criminal district court does not have any criminal jurisdiction. (d) A county court in a county with a population of 1.75 million or more has original jurisdiction over cases alleging a violation of Section 25.093, Education Code, or alleging truant conduct under Section 65.003(a), Family Code. (e) Subsections (c) and (d) do not affect the jurisdiction of a statutory county court. (f) A county court has concurrent jurisdiction with a municipal court in cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code. |
Constitutional county courts | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 22.001. | Jurisdiction |
(a) The supreme court has appellate jurisdiction, except in criminal law matters, of an appealable order or judgment of the trial courts if the court determines that the appeal presents a question of law that is important to the jurisprudence of the state. The supreme court's jurisdiction does not include cases in which the jurisdiction of the court of appeals is made final by statute.
(b) A case over which the court has jurisdiction under Subsection (a) may be carried to the supreme court by petition for review. |
Supreme Court | Jurisdiction of the courts |
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Texas | Jurisdiction of District Court | Tex. Const. Art. 5 Sec. 8 |
District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction.
The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. |
Distict Court | Jurisdiction of the courts |
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Texas | Tex. Gov't. Code § 29.003 | Jurisdiction |
(a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the municipality's territorial limits and property owned by the municipality located in the municipality's extraterritorial jurisdiction in all criminal cases that:
(1) arise under: (A) the ordinances of the municipality; or (B) a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and (2) are punishable by a fine not to exceed: (A) $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse; (B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or (C) $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board. (b) The municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the municipality's territorial limits or property owned by the municipality located in the municipality's extraterritorial jurisdiction and that: (1) are punishable only by a fine, as defined in Subsection (c); or (2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction. |
Municipal Court | Jurisdiction of the courts |
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Texas | Tex. Code Crim. Proc. Art. 4.01 | What Courts Have Criminal Jurisdiction |
The following courts have jurisdiction in criminal actions: appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;
6. The county courts; 7. All county courts at law with criminal jurisdiction; 8. County criminal courts; 9. Justice courts; 10. Municipal courts; 11. The magistrates appointed by the judges of the district courts of Lubbock County; and 12. The magistrates appointed by the El Paso Council of Judges. |
Courts generally | Jurisdiction of the courts |
Case Law
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Texas | Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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Court must inquire into defendant's ability to pay before revoking probation and the burden of proof is on the state to show by a preponderance of the evidence that defendant + See morewillfully refused to pay financial obligation.
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"The Texas ability-to-pay statute imposes an evidentiary burden on the State while Bearden imposes a mandatory judicial directive to inquire into a defendant's ability to pay." | Ability to pay |
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Texas | Peraza v. State, 467 S.W.3d 508, 517–18 (Tex. Crim. App. 2015), reh'g denied (Sept. 16, 2015),, cert. denied, 136 S. Ct. 1188, 194 L. Ed. 2d 202 (2016) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | Court imposition of costs is not unconstitutional under federal or state constitutional law as long as the money collected will go toward a "criminal justice purpose" |
"[T]he statute under which court costs are assessed (or an interconnected statute) provides for an allocation of such court costs to be expended for legitimate criminal justice purposes, then the + See morestatute allows for a constitutional application that will not render the courts tax gatherers in violation of the separation of powers clause. A criminal justice purpose is one that relates to the administration of our criminal justice system. Whether a criminal justice purpose is “legitimate” is a question to be answered on a statute-by-statute/case-by-case basis."
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Fines and fees |
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Texas | Acosta v. State, 233 S.W.3d 349, 355 (Tex. Crim. App. 2007) |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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There is no case law addressing this question; however, Texas courts have stated that a conflict of interest exists if counsel is required to make a choice between advancing his + See moreclient's interest in a fair trial or advancing other interests. By analogy, then, a conflict of interest may also exist when law enforcement and/or courts are required to to make a choice between advancing justice and fair adjudication or advancing other interests (perhaps their own).
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"An actual conflict of interest exists if counsel is required to make a choice between advancing his client's interest in a fair trial or advancing other interests (perhaps counsel's own) + See moreto the detriment of his client's interest.”
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Revenue flow |
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Texas | Gross v. State, 279 S.W.3d 791, 793–94 (Tex. App. 2007) abrogated for other reasons by Harrell v. State, 286 S.W.3d 315 (Tex. 2009) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | No, so long, as the defendant has the ability to off-set the State's expenses |
"nonindigent defendant is required to pay for counsel. To require an indigent to reimburse the county, to the extent he is able, for the expense of furnished counsel tends to + See moreput indigents and nonindigents on the same basis and is consistent with due process. The State of Texas provides an important service in providing legal services to those indigent citizens who cannot afford to pay for their own defense. Because of this service provided to indigents, the State has a significant interest in assuring that persons with financial resources pay for their own representation and do not take a free ride at the expense of its taxpayers. Thus, it is not an inherent violation of due process for the State to take reasonable steps to collect on expenditures made on behalf of those who have the ability to off-set the State's expenses."
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Fines and fees |
Attorney General Opinions
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Texas |
Tex. Att'y Gen Opinion Op. No. JM-10 (1983),"""Inability to pay fees is an affirmative defense to the failure to pay them.""",ability to pay,,transparencyShould ability to pay be considered when imposing + See morefines or fees or only when collecting fines or fees?,,,,,,fines
What authority do county or municipal courts have to set fines or fees?,Municipal courts have authority to sets fines and fees so long as they do not exceed the maximum fine or fee permitted by the relevant statute. ,Tex. Att'y Gen. Op. GA-0593 (2008)
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court may impose . . . an increase in the defendant's fine, up to a total fine that does not exceed the maximum fine for the offense for which the + See moredefendant was sentenced
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Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) | fines and fees | |
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Texas |
Tex. Att'y Gen. Op. JM-176 (1984),"""Proceedings in contempt cases should proceed as near as practical to criminal cases.""",ability to pay,,enforcementDoes allowing different municipalities to set their own indigency standards or + See morefines/fees violate the equal protection afforded by the state’s constitution? ,"Possibly. In Texas, a law that fixes a greater punishment in one county than another is violative of Equal Protection, so a law allowing for different levels of protection or different penalty fines may also violate Equal Protection. ",Tex. Att'y Gen. Op. DM-123 (1992); Tex. Att'y Gen. Op. JM-1120 (1989),"""costs imposed in misdemeanor cases involving state criminal statutes must be uniform statewide . . . a law that fixes a greater punishment in one county than in other counties for the violation of a state law cannot be upheld and is in contravention of constitutional inhibitions, both State and Federal""; ""Assessment of a minimum $50 fine in every Class C misdemeanor hot check case in order to defray the cost of an additional employee would result in the penalty for a state defined crime to be different in Jim Wells County than it is in other counties and would violate both due process and equal protection constitutional rights.""",fines and fees,,ability to pay
Which fines and/or fees may be collected by a private vendor? ,Any fines or fees ordered to be paid by a court,Tex. Att'y Gen. Op. JC-0516 (2002)
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The debts that may be collected [are] those which have been ordered to be paid by a court. |
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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Contempt case require the same or as near as practicable due process protections as criminal cases. | revenue flow | |
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Texas | Tex. Att'y Gen. Op. JC-0516 (2002) | "The debts that may be collected [are] those which have been ordered to be paid by a court." | Which fines and/or fees may be collected by a private vendor? | Any fines or fees ordered to be paid by a court | revenue flow | |
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Texas | Tex. Att'y Gen Opinion Op. No. JM-10 (1983) | "Inability to pay fees is an affirmative defense to the failure to pay them." | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) | ability to pay |
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