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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.

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  • 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)
  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.

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