(b) For purposes of Subsection (a), a defendant may notify the court by:
(1) voluntarily appearing and informing the court or the clerk of the court in the manner established by the court for that purpose;
(2) filing a motion with the court;
(3) mailing a letter to the court; or
(4) any other method established by the court for that purpose.
(c) If the court determines at the hearing under Subsection (a) that the portion of the judgment regarding the fine and costs imposes an undue hardship on the defendant, the court shall consider whether the fine and costs should be satisfied through one or more methods listed under Article 42.15(a-1).
(d) The court may decline to hold a hearing under Subsection (a) if the court:
(1) previously held a hearing under that subsection with respect to the case and is able to determine without holding a hearing that the portion of the judgment regarding the fine and costs does not impose an undue hardship on the defendant; or
(2) is able to determine without holding a hearing that:
(A) the applicable portion of the judgment imposes an undue hardship on the defendant; and
(B) the fine and costs should be satisfied through one or more methods listed under Article 42.15(a-1).
(e) The court retains jurisdiction for the purpose of making a determination under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.03, eff. January 1, 2020.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 43 - Execution of Judgment
Article 43.01. Discharging Judgment for Fine
Article 43.02. Payable in Money
Article 43.021. Capias or Capias Pro Fine in Electronic Form
Article 43.03. Payment of Fine
Article 43.035. Reconsideration of Fine or Costs
Article 43.04. If Defendant Is Absent
Article 43.05. Issuance and Recall of Capias Pro Fine
Article 43.06. Capias or Capias Pro Fine May Issue to Any County
Article 43.07. Execution for Fine and Costs
Article 43.08. Further Enforcement of Judgment
Article 43.09. Fine Discharged
Article 43.091. Waiver of Payment of Fines and Costs for Certain Defendants and for Children
Article 43.101. Voluntary Work
Article 43.11. Authority for Confinement
Article 43.13. Discharge of Defendant
Article 43.14. Execution of Convict: Confidential Information
Article 43.141. Scheduling of Execution Date; Withdrawal; Modification
Article 43.15. Warrant of Execution
Article 43.16. Taken to Department of Corrections
Article 43.19. Place of Execution
Article 43.20. Present at Execution
Article 43.21. Escape After Sentence
Article 43.22. Escape From Department of Corrections
Article 43.23. Return of Director
Article 43.24. Treatment of Condemned