(a) This article applies only to a defendant younger than 17 years of age who is assessed a fine or cost for a Class C misdemeanor occurring in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the offense.
(b) A justice or judge may require a defendant described by Subsection (a) to discharge all or part of the fine or cost by performing community service.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to $500
For details, see

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Terms Used In Texas Code of Criminal Procedure 45A.460

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Week: means seven consecutive days. See Texas Government Code 311.005

(c) An order requiring a defendant to perform community service under this article must specify:
(1) the number of hours of community service the defendant is required to perform; and
(2) the date by which the defendant must submit to the court documentation verifying that the defendant completed the community service.
(d) The justice or judge may order the defendant to perform community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school equivalency examination administered under § 7.111, Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a self-improvement program;
(F) a mentoring program;
(G) a tutoring program; or
(H) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another organization that provides to the general public services that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or
(C) an educational institution.
(e) An entity that accepts a defendant to perform community service under this article must agree to:
(1) supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service; and
(2) report on the defendant’s community service to the justice or judge who ordered the service.
(f) A justice or judge may not order a defendant to perform more than 16 hours of community service each week under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant’s family, as defined by § 71.003, Family Code.
(g) A sheriff, employee of a sheriff’s department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant to perform community service under this article is not liable for damages arising from an act or failure to act in connection with community service performed by a defendant under this article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, grossly negligent, or performed with conscious indifference or reckless disregard for the safety of others.
(h) A local juvenile probation department or a court-related services office may provide the administrative and other services necessary to supervise a defendant required to perform community service under this article.
(i) A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article.
(j) A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed.


Text of article effective on January 01, 2025