Indigency Determination & Fine Waiver/Community Service
Tex. Code Crim. Proc. art. 45.0491 and art. 45.049 allow Texas municipal courts to waive or substitute community service for the fines and court costs of any Class C misdemeanor (including parking fine-only offenses) if the defendant is indigent or unable to pay. Art. 45.0491 specifically empowers courts to waive payment for the indigent. The 86th and 87th Legislatures (HB 351 and SB 1913) made indigency procedures more accessible. Defendants below 125-200% of federal poverty level, on SNAP/TANF, receiving SSI, or homeless can request indigency status with simple paperwork.
Legal basis
Tex. Code Crim. Proc. art. 45.0491, art. 45.049, art. 45.041; HB 351 (85th Leg.); SB 1913 (85th Leg.)
Sample appeal wording
TO: [CITY] Municipal Court RE: Citation/Cause [NUMBER] I request a determination of indigency under Tex. Code Crim. Proc. art. 45.0491 and waiver of fines and costs under art. 45.049. Attached: Statement of Inability to Afford Payment of Court Costs (sworn). I [am receiving SNAP/TANF/SSI / earn less than 125% of the federal poverty level / am currently homeless / am the sole provider for [X] minor children]. I respectfully request: (1) full waiver of the fine and costs, OR (2) substitution of community service at the rate set by this Court, OR (3) an extended payment plan with no late fees. Documentation attached. Signed (under oath): ____________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Code Crim. Proc. art. 45.0491, 45.049
- Texas Office of Court Administration Indigency Forms
- Texas Supreme Court Statement of Inability