Text of article effective on January 01, 2025
Art. 45A.257.  WAIVER OF PAYMENT OF FINES AND COSTS.  (a)  A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of a fine imposed on a defendant if the court determines that:
(1)  the defendant:
(A)  is indigent or does not have sufficient resources or income to pay all or part of the fine; or
(B)  was, at the time the offense was committed, a child as defined by Article 45A.453(a); and
(2)  discharging the fine under Article 45A.254 or as otherwise authorized by this chapter would impose an undue hardship on the defendant.
(b)  A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of the costs imposed on a defendant if the court determines that the defendant:
(1)  is indigent or does not have sufficient resources or income to pay all or part of the costs; or
(2)  was, at the time the offense was committed, a child as defined by Article 45A.453(a).
(c)  A defendant is presumed to be indigent or to not have sufficient resources or income to pay all or part of the fines or costs for purposes of Subsection (a) or (b) if the defendant:
(1)  is in the conservatorship of the Department of Family and Protective Services, or was in the conservatorship of that department at the time of the offense; or
(2)  is designated, or was designated at the time of the offense, as a homeless child or youth or an unaccompanied youth, as those terms are defined by 42 U.S.C. Section 11434a.
(d)  A determination of undue hardship made under Subsection (a)(2) is in the court's discretion.  In making that determination, the court may consider, as applicable, the defendant's:
(1)  significant physical or mental impairment or disability;
(2)  pregnancy and childbirth;
(3)  substantial family commitments or responsibilities, including child or dependent care;
(4)  work responsibilities and hours;
(5)  transportation limitations;
(6)  homelessness or housing insecurity; and
(7)  any other factor the court determines relevant.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.