Texas Code of Criminal Procedure 45.046 – Commitment
(a) When a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge at a hearing makes a written determination that:
(1) the defendant is not indigent and has failed to make a good faith effort to discharge the fine or costs; or
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to discharge the fine or costs under Article 45.049; and
(B) could have discharged the fine or costs under Article 45.049 without experiencing any undue hardship.
(b) A certified copy of the judgment, sentence, and order is sufficient to authorize such confinement.
Terms Used In Texas Code of Criminal Procedure 45.046
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) For purposes of a hearing described by Subsection (a), a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court. For purposes of this subsection, “electronic broadcast system” means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.
Text of article effective until January 01, 2025