When You Cannot Pay
Crim. Proc. art. 43.091 — a fine or costs waived for a defendant who is indigent
Waiving the fine. A court may waive all or part of a fine if the defendant is indigent or lacks sufficient resources or income to pay, or was a child at the time of the offense, and each alternative way of discharging the fine would impose an undue hardship.
- A significant physical or mental impairment or disability.
- Pregnancy and childbirth.
- Substantial family commitments, including child or dependent care.
- Work responsibilities and hours.
- Transportation limitations.
- Homelessness or housing insecurity.
Those are among the things the court may consider in deciding undue hardship.
Waiving the costs. A court may waive all or part of the costs if the defendant is indigent or lacks sufficient resources or income to pay, or was a child at the time of the offense.
Restitution to a victim, license holds for unpaid fines, and the constitutional rule against jailing someone only for being poor are not set out on this page. What a court will do in a particular case is a question for a licensed Texas attorney.
Sources for this section (1)
- Crim. Proc. art. 43.091 — Waiver of fines and costs for indigent defendants and children
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.