Text of subsection effective until January 01, 2025

(a) On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a fine on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The fine may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the fine for good cause shown by the defendant. If the judge orders the collection of a fine under this subsection, the judge shall require that the amount of the fine be credited toward the payment of the amount of any fine imposed by the judge as punishment for the offense. An order of deferral under this subsection terminates any liability under a bond given for the charge.

Text of subsection effective until January 01, 2025

(a-1) Notwithstanding any other provision of law, as an alternative to requiring a defendant charged with one or more offenses to make payment of all fines and court costs as required by Subsection (a), the judge may:
(1) allow the defendant to enter into an agreement for payment of those fines and costs in installments during the defendant’s period of probation;
(2) require an eligible defendant to discharge all or part of those fines and costs by performing community service or attending a tutoring program under Article 45.049 or under Article 45.0492, as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011;
(3) waive all or part of those fines and costs under Article 45.0491; or
(4) take any combination of actions authorized by Subdivision (1), (2), or (3).
(b) During the deferral period, the judge may require the defendant to:
(1) post a bond in the amount of the fine assessed as punishment for the offense to secure payment of the fine;
(2) pay restitution to the victim of the offense in an amount not to exceed the fine assessed as punishment for the offense;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) successfully complete an alcohol awareness or substance misuse treatment or education program, such as:
(A) a substance misuse education program that is designed to educate persons on the dangers of substance misuse in accordance with § 521.374(a)(1), Transportation Code, and that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code; or
(B) an alcohol awareness program described by § 106.115, Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code;
(7) pay as reimbursement fees the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs;
(8) complete a driving safety course approved under Chapter 1001, Education Code, or another course as directed by the judge;
(9) present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this article; and
(10) comply with any other reasonable condition.

Text of subsection effective until January 01, 2025

(b-1) If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation:
(1) Subsection (b)(8) does not apply;
(2) during the deferral period, the judge shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and
(3) if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by § 521.161(b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously.

Text of subsection effective until January 01, 2025

(b-2) A person examined as required by Subsection (b-1)(3) must pay a $10 reimbursement fee for the examination.

Text of subsection effective until January 01, 2025

(b-3) The reimbursement fee collected under Subsection (b-2) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521, Transportation Code.

Text of subsection effective until January 01, 2025

(c) On determining that the defendant has complied with the requirements imposed by the judge under this article, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction.

Text of subsection effective until January 01, 2025

(c-1) If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court shall:
(1) notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and
(2) require the defendant to appear at the time and place stated in the notice to show cause why the order of deferral should not be revoked.

Text of subsection effective until January 01, 2025

(c-2) On the defendant’s showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court may allow an additional period during which the defendant may present evidence of the defendant’s compliance with the requirements.

Text of subsection effective until January 01, 2025

(d) If on the date of a show cause hearing under Subsection (c-1) or, if applicable, by the conclusion of an additional period provided under Subsection (c-2) the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose the fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant. This subsection does not apply to a defendant required under Subsection (b-1) to complete a driving safety course approved under Chapter 1001, Education Code, or an examination under § 521.161(b)(2), Transportation Code.

Text of subsection effective until January 01, 2025

(d-1) If the defendant was required to complete a driving safety course or an examination under Subsection (b-1) and on the date of a show cause hearing under Subsection (c-1) or, if applicable, by the conclusion of an additional period provided under Subsection (c-2) the defendant does not present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed. The imposition of the fine constitutes a final conviction of the defendant.

Text of subsection effective until January 01, 2025

(e) Records relating to a complaint dismissed as provided by this article may be expunged under Article 55.01. If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose.

Text of subsection effective until January 01, 2025

(f) This article does not apply to:
(1) an offense to which § 542.404, Transportation Code, applies; or
(2) a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who:
(A) holds a commercial driver’s license; or
(B) held a commercial driver’s license when the offense was committed.
(g) If a judge requires a defendant under Subsection (b) to successfully complete an alcohol awareness program or substance misuse education program as described by Subdivision (6) of that subsection, unless the judge determines that the defendant is indigent and unable to pay the cost, the judge shall require the defendant to pay a reimbursement fee for the cost of the program. The judge may allow the defendant to pay the fee in installments during the deferral period.

Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
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