(b) A justice or municipal court may not order the confinement of a child for:
(1) the failure to pay all or any part of a fine or costs imposed for the conviction of an offense punishable by fine only;
(2) the failure to appear for an offense committed by the child; or
(3) contempt of another order of a justice or municipal court.
(c) If a child fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court, after providing notice and an opportunity to be heard, may:
(1) refer the child to the appropriate juvenile court for delinquent conduct for contempt of the justice or municipal court order; or
(2) retain jurisdiction of the case, hold the child in contempt of the justice or municipal court, and order either or both of the following:
(A) that the contemnor pay a fine not to exceed $500; or
(B) that the Department of Public Safety suspend the contemnor's driver's license or permit or, if the contemnor does not have a license or permit, to deny the issuance of a license or permit to the contemnor until the contemnor fully complies with the orders of the court.
(d) A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if:
(1) the person was convicted for an offense committed before the person's 17th birthday;
(2) the person failed to obey the order while the person was 17 years of age or older; and
(3) the failure to obey occurred under circumstances that constitute contempt of court.
(e) A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if the person, while younger than 17 years of age, engaged in conduct in contempt of an order issued by the justice or municipal court, but contempt proceedings could not be held before the person's 17th birthday.
(f) A court that orders suspension or denial of a driver's license or permit under Subsection (c)(2)(B) shall notify the Department of Public Safety on receiving proof of compliance with the orders of the court.
(g) A justice or municipal court may not refer a child who violates a court order while 17 years of age or older to a juvenile court for delinquency proceedings for contempt of court.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 86, eff. Jan. 1, 1996. Subsec. (b) amended by Acts 1999, 76th Leg., ch. 76, Sec. 7, eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.522 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1, 1999. Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1297, Sec. 51, eff. Sept. 1, 2001. Amended by Acts 2001, 77th Leg., ch. 1514, Sec. 8, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 32, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1071 (H.B. 3272), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1071 (H.B. 3272), Sec. 2, eff. September 1, 2017.
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