Texas Code of Criminal Procedure 42A.304 – Community Service
(a) A judge may require as a condition of community supervision that the defendant work a specified number of hours at one or more community service projects for one or more organizations approved by the judge and designated by the department. The judge may not require the defendant to work at a community service project if, as determined and noted on the community supervision order by the judge:
(1) the defendant is physically or mentally incapable of participating in the project;
(2) participating in the project will cause a hardship to the defendant or to the defendant’s dependents;
(3) the defendant is to be confined in a substance abuse felony punishment facility as a condition of community supervision; or
(4) there is other good cause shown.
(b) The amount of community service work ordered by the judge may not exceed:
(1) 1,000 hours for an offense classified as a first degree felony;
(2) 800 hours for an offense classified as a second degree felony;
(3) 600 hours for:
(A) an offense classified as a third degree felony; or
(B) an offense under § 30.04, Penal Code, classified as a Class A misdemeanor;
(4) 400 hours for an offense classified as a state jail felony;
(5) 200 hours for:
(A) an offense classified as a Class A misdemeanor, other than an offense described by Subdivision (3)(B); or
(B) a misdemeanor for which the maximum permissible confinement, if any, exceeds six months or the maximum permissible fine, if any, exceeds $4,000; and
(6) 100 hours for:
(A) an offense classified as a Class B misdemeanor; or
(B) a misdemeanor for which the maximum permissible confinement, if any, does not exceed six months and the maximum permissible fine, if any, does not exceed $4,000.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| First degree felony | between 5 years and life | up to $10,000 |
| Second degree felony | between 2 and 20 years | up to $10,000 |
| Third degree felony | between 2 and 10 years | up to $10,000 |
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Code of Criminal Procedure 42A.304
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
(c) A defendant required to perform community service under this article is not a state employee for the purposes of Chapter 501 or 504, Labor Code.
(d) If the court makes an affirmative finding under Article 42.014, the judge may order the defendant to perform community service under this article at a project designated by the judge that primarily serves the person or group who was the target of the defendant. If the judge orders community service under this subsection, the judge shall order the defendant to perform not less than:
(1) 300 hours of service if the offense is classified as a felony; or
(2) 100 hours of service if the offense is classified as a misdemeanor.
(e) A defendant required to perform community service under this article after conviction of an offense under § 352.082, Local Government Code, or § 365.012, 365.013, or 365.016, Health and Safety Code, shall perform the amount of service ordered by the court, which may not exceed 60 hours. The community service must consist of picking up litter in the county in which the defendant resides or working at a recycling facility if a program for performing that type of service is available in the community in which the court is located. A court may credit the amount of community service performed by a defendant under this subsection toward any amount of community service the defendant is ordered to perform under another provision of this code as a result of the defendant’s inability to pay a fine or cost imposed in the judgment for the applicable offense.
(f) Instead of requiring the defendant to work a specified number of hours at one or more community service projects under Subsection (a), the judge may order a defendant to make a specified donation to:
(1) a nonprofit food bank or food pantry in the community in which the defendant resides;
(2) a charitable organization engaged primarily in performing charitable functions in the community in which the defendant resides for defendants under community supervision or for veterans;
(3) a veterans county service office created under Subchapter B, Chapter 434, Government Code, and operating in the county in which the defendant resides; or
(4) in a county with a population of less than 50,000, another nonprofit organization that:
(A) is exempt from taxation under Section 501(a) of the Internal Revenue Code of 1986 because it is listed in Section 501(c)(3) of that code; and
(B) provides services or assistance to needy individuals and families in the community in which the defendant resides.
(g) In this article:
(1) “Charitable organization” has the meaning assigned by § 2252.906, Government Code.
(2) “Veteran” has the meaning assigned by § 434.022, Government Code.