(a) A defendant placed in jail due to failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:
(1) is indigent and cannot pay the fine and costs; or
(2) has remained in jail for a cumulative period that is sufficient to satisfy the fine and costs, at the rate of not less than $150 for each separate period served, as specified by the convicting court in the judgment in the case.
(b) A convicting court may specify a period that is not less than eight hours or more than 24 hours as the period for which a defendant who fails to pay the fine and costs in the case must remain in jail to satisfy $150 of the fine and costs.


Text of article effective on January 01, 2025

Terms Used In Texas Code of Criminal Procedure 45A.262

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.