Tex. Code Crim. Proc. art. 45.048

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 45.048 - [Repealed Effective 1/1/2025] Discharged From Jail

(a) A defendant placed in jail on account of failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:

(1) is too poor to pay the fine and costs; or

(2) has remained in jail a sufficient length of time to satisfy the fine and costs, at the rate of not less than $150 for each 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.

Tex. Code Crim. Proc. § 45.048

Repealed by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 3.001, eff. 1/1/2025.

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 634,Sec. 4, eff. 9/1/2021.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1127,Sec. 14, eff. 9/1/2017.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 977,Sec. 15, eff. 9/1/2017.

Amended by Acts 2003, 78th Leg., ch. 209, Sec. 65(a), eff. 1/1/2004.

Amended by Acts 2001, 77th Leg., ch. 872, Sec. 1, eff. 9/1/2001

Amended by Acts 1981, 67th Leg., p. 2648, ch. 708, Sec. 3, eff. 8/31/1981. Renumbered from Vernon's Ann.C.C.P. art. 45.53 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 48, eff. 9/1/1999.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.