Texas § CR.43.035 - RECONSIDERATION OF FINE OR COSTS

§ CR.43.035. RECONSIDERATION OF FINE OR COSTS

RECONSIDERATION OF FINE OR COSTS. (a) If a defendant notifies the court that the defendant has difficulty paying the fine and costs in compliance with the judgment, the court shall hold a hearing to determine whether that portion of the judgment imposes an undue hardship on the defendant. (b) For purposes of Subsection (a), a defendant may notify the court by: (1) voluntarily appearing and informing the court or the clerk of the court in the manner established by the court for that purpose; (2) filing a motion with the court; (3) mailing a letter to the court; or (4) any other method established by the court for that purpose. (c) If the court determines at the hearing under Subsection (a) that the portion of the judgment regarding the fine and costs imposes an undue hardship on the defendant, the court shall consider whether the fine and costs should be satisfied through one or more methods listed under Article 42.15 (a-1). (d) The court may decline to hold a hearing under Subsection (a) if the court: (1) previously held a hearing under that subsection with respect to the case and is able to determine without holding a hearing that the portion of the judgment regarding the fine and costs does not impose an undue hardship on the defendant; or (2) is able to determine without holding a hearing that: (A) the applicable portion of the judgment imposes an undue hardship on the defendant; and (B) the fine and costs should be satisfied through one or more methods listed under Article 42.15 (a-1). (e) The court retains jurisdiction for the purpose of making a determination under this article. Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346 ), Sec. 3.03, eff. January 1, 2020.