(a) The judgment and sentence for a conviction in a criminal action before a justice or judge is that the defendant pay the amount of the fine and costs to the state.
(b) Subject to Articles 45A.253(a) and (b) and Article 45A.257, the justice or judge may direct the defendant:
(1) to pay:
(A) the entire fine and costs when the sentence is pronounced;
(B) the entire fine and costs at a later date; or
(C) a specified portion of the fine and costs at designated intervals;
(2) if applicable, to make restitution to a victim of the offense; and
(3) to satisfy any other sanction authorized by law.

Terms Used In Texas Code of Criminal Procedure 45A.251

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(c) Restitution made under Subsection (b)(2) may not exceed $5,000 for an offense under § 32.41, Penal Code.
(d) The justice or judge shall credit the defendant for time served in jail as provided by Article 42.03. The credit under this subsection shall be applied to the amount of the fine and costs at the rate provided by Article 45A.262.
(e) In addition to credit under Subsection (d), in imposing a fine and costs in a case involving a misdemeanor punishable by fine only, the justice or judge shall credit the defendant for any period the defendant was confined in jail or prison while serving a sentence for another offense if that confinement occurred after the commission of the misdemeanor. The credit under this subsection shall be applied to the amount of the fine and costs at the rate of not less than $150 for each day of confinement.
(f) All judgments, sentences, and final orders of the justice or judge shall be imposed in open court.


Text of article effective on January 01, 2025