Texas House Bill HB743

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to a justice or municipal court's authority to order a defendant confined in jail for failure to pay a fine or cost or for contempt and to the authority of a municipality to enforce the collection of certain fines by imprisonment of the defendant.

Impact

The bill is set to have significant implications for the enforcement of justice and the treatment of defendants in municipal and justice courts. By prohibiting the confinement of individuals for failure to satisfy fines or costs, HB743 seeks to alleviate circumstances where impoverished defendants could face additional penalties simply due to their inability to pay. This provides a crucial shift in how the legal system approaches fines and their collection, encouraging local governments to seek alternative enforcement methods instead of using jail as a penalty.

Summary

House Bill 743 proposes amendments to the Texas Code of Criminal Procedure concerning municipal courts' authority to impose penalties on defendants who fail to pay fines or costs associated with offenses punishable by fines only. The bill aims to restrict the conditions under which defendants can be jailed for non-payment of fines, outlining that no person, including children, may be confined for failure to pay fines or costs imposed by a judgment entered for such offenses. The legislation seeks to establish guidelines for fair treatment of individuals who might face financial hardships.

Contention

While proponents argue that the bill protects low-income defendants from unfair punishment and mitigates the potential for perpetuating cycles of poverty, critics may express concerns regarding the enforcement of fines in general. There's an ongoing debate on the appropriate means for local governments to enforce collection of fines without resorting to jail time, as the bill also mandates that municipalities cannot enforce collection through confinement. Hence, discussions surrounding the bill highlight differing views on the balance between maintaining legal accountability and ensuring just treatment for financially disadvantaged individuals.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 45. Justice And Municipal Courts
  • Section: New Section

Government Code

• Chapter 21. General Provisions
  • Section: New Section