(a) A capias pro fine issued for the arrest and commitment of a defendant convicted of a misdemeanor or felony, or found in contempt, the penalty for which includes a fine, shall recite the judgment and sentence and command a peace officer to immediately bring the defendant before the court.
(a-1) A court may not issue a capias pro fine for the defendant’s failure to satisfy the judgment according to its terms unless the court holds a hearing to determine whether the judgment imposes an undue hardship on the defendant and the defendant fails to:
(1) appear at the hearing; or
(2) comply with an order issued under Subsection (a-3) as a result of the hearing.

Terms Used In Texas Code of Criminal Procedure 43.05

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(a-2) If the court determines at the hearing under Subsection (a-1) that the judgment imposes an undue hardship on the defendant, the court shall determine whether the fine and costs should be satisfied through one or more methods listed under Article 42.15(a-1). The court retains jurisdiction for the purpose of making a determination under this subsection.
(a-3) If the court determines at the hearing under Subsection (a-1) that the judgment does not impose an undue hardship on the defendant, the court shall order the defendant to comply with the judgment not later than the 30th day after the date the determination is made.
(a-4) The court shall recall a capias pro fine if, before the capias pro fine is executed, the defendant:
(1) provides notice to the court under Article 43.035 and a hearing is set under that article; or
(2) voluntarily appears and makes a good faith effort to resolve the capias pro fine.
(b) A capias pro fine authorizes a peace officer to place the defendant in jail until the business day following the date of the defendant’s arrest if the defendant cannot be brought before the court immediately.