(b) A justice or judge may require a defendant described by Subsection (a) to discharge all or part of the fine or costs by performing community service. A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed.
(c) In the justice's or judge's order requiring a defendant to perform community service under this article, the justice or judge must specify:
(1) the number of hours of community service the defendant is required to perform; and
(2) the date by which the defendant must submit to the court documentation verifying the defendant's completion of the community service.
(d) The justice or judge may order the defendant to perform community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a self-improvement program;
(F) a mentoring program;
(G) a tutoring program; or
(H) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another organization that provides services to the general public that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or
(C) an educational institution.
(d-1) An entity that accepts a defendant under this article to perform community service must agree to supervise, either on-site or remotely, the defendant in the performance of the defendant's community service and report on the defendant's community service to the justice or judge who ordered the service.
(e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 31, and Ch. 1127 (S.B. 1913), Sec. 27, eff. September 1, 2017.
(f) A justice or judge may not order a defendant to perform more than 16 hours of community service per week under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant's family. For purposes of this subsection, "family" has the meaning assigned by Section 71.003, Family Code.
(g) A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article.
(h) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant under this article to perform community service is not liable for damages arising from an act or failure to act in connection with community service performed by a defendant under this article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, grossly negligent, or performed with conscious indifference or reckless disregard for the safety of others.
(i) A local juvenile probation department or a court-related services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article.
Added by Acts 2011, 82nd Leg., R.S., Ch. 227 (H.B. 350), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 18, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 19, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 31, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 17, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 18, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 27, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.012(a), eff. September 1, 2019.
Text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 1
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 45 - Justice and Municipal Courts
Subchapter . B. Procedures for Justice and Municipal Courts
Article 45.011. Rules of Evidence
Article 45.012. Electronically Created Records
Article 45.013. Filing With Clerk by Mail
Article 45.014. Warrant of Arrest
Article 45.015. Defendant Placed in Jail
Article 45.016. Personal Bond; Bail Bond
Article 45.017. Criminal Docket
Article 45.019. Requisites of Complaint
Article 45.020. Appearance by Counsel
Article 45.0201. Appearance by Telephone or Videoconference
Article 45.0211. Plea by Defendant Charged With Family Violence Offense
Article 45.0215. Plea by Minor and Appearance of Parent
Article 45.0216. Expunction of Certain Conviction Records
Article 45.0217. Confidential Records Related to Charges Against or Conviction of a Child
Article 45.0218. Confidential Records Related to Fine-Only Misdemeanor
Article 45.022. Plea of Guilty or Nolo Contendere
Article 45.023. Defendant's Plea
Article 45.024. Defendant's Refusal to Plead
Article 45.0241. Acceptance of Defendant's Plea
Article 45.025. Defendant May Waive Jury
Article 45.026. Jury Trial; Failure to Appear
Article 45.028. Other Jurors Summoned
Article 45.029. Peremptory Challenges
Article 45.030. Formation of Jury
Article 45.031. Counsel for State Not Present
Article 45.032. Directed Verdict
Article 45.034. Jury Kept Together
Article 45.037. Motion for New Trial
Article 45.038. New Trial Granted
Article 45.039. Only One New Trial Granted
Article 45.040. State Not Entitled to New Trial
Article 45.0426. Filing Bond Perfects Appeal
Article 45.043. Effect of Appeal
Article 45.044. Forfeiture of Cashbond in Satisfaction of Fine
Article 45.0445. Reconsideration of Satisfaction of Fine or Costs
Article 45.045. Capias Pro Fine
Article 45.047. Civil Collection of Fines After Judgment
Article 45.048. Discharged From Jail
Article 45.049. Community Service in Satisfaction of Fine or Costs
Article 45.0491. Waiver of Payment of Fines and Costs for Certain Defendants and for Children
Article 45.0492. Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants
Article 45.0492. Community Service in Satisfaction of Fine or Costs for Certain Juvenile Defendants
Article 45.050. Failure to Pay Fine; Failure to Appear; Contempt: Juveniles
Article 45.051. Suspension of Sentence and Deferral of Final Disposition
Article 45.0511. Driving Safety Course or Motorcycle Operator Course Dismissal Procedures
Article 45.052. Dismissal of Misdemeanor Charge on Completion of Teen Court Program
Article 45.053. Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person
Article 45.0531. Dismissal of Parent Contributing to Nonattendance Charge
Article 45.0541. Expunction of Failure to Attend School Records
Article 45.056. Juvenile Case Managers
Article 45.057. Offenses Committed by Juveniles
Article 45.058. Children Taken Into Custody
Article 45.059. Children Taken Into Custody for Violation of Juvenile Curfew or Order
Article 45.060. Unadjudicated Children, Now Adults; Notice on Reaching Age of Majority; Offense