Text of article effective on January 01, 2025
Art. 45A.261.  COMMITMENT.  (a)  If a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge 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 or costs; or
(2)  the defendant is indigent and:
(A)  has failed to make a good faith effort to discharge the fines or costs under Article 45A.254; and
(B)  could have discharged the fines or costs under Article 45A.254 without experiencing any undue hardship.
(b)  A certified copy of the judgment, sentence, and order is sufficient to authorize confinement under Subsection (a).
(c)  For purposes of a hearing described by Subsection (a), a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court.  For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.
(d)  For purposes of a hearing described by Subsection (a), if the court that issued the capias pro fine is unavailable, the following may conduct the hearing:
(1)  a justice court or county criminal law magistrate court with jurisdiction over Class C misdemeanors that is located in the same county as the issuing court, if the issuing court was a justice court; or
(2)  a municipal court that is located in the same municipality as the issuing court, if the issuing court was a municipal court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.