Timothy Donham v. the State of Texas, 05-19-00764-CR

In Jan 2019 Timothy Donham pleaded guilty (open pleas) to arson (and stalking); the trial court assessed punishment at six years for each offense and entered judgment. Donham timely appealed.
A $25 "time payment fee" under Tex. Loc. Gov't Code §133.103 was reflected in the bill of costs on July 25, 2019, after Donham filed his notice of appeal on June 24, 2019.
Donham challenged $22.50 of that fee (subsections (b) and (d)) as facially unconstitutional under the Texas Constitution (separation of powers) and asked the court to delete it from the judgment.
The State argued Donham waived the challenge by not objecting at trial; the court found no waiver because costs were not imposed in open court and the written judgment lacked an itemized costs list (citing Johnson v. State).
The Texas Court of Criminal Appeals decided Dulin v. State holding that the pendency of an appeal suspends the obligation to pay court costs, making time payment fees assessed during the appeal premature; the CCA remanded this case for reconsideration in light of Dulin.
The appellate court modified the bill of costs to delete the prematurely assessed time payment fee without prejudice to later assessment (if, more than 30 days after issuance of the appellate mandate, the defendant still owes money) and otherwise affirmed the trial court's judgment.

Issue	Donham	State	Held
Whether a portion of the $25 time payment fee under §133.103 is facially unconstitutional (separation of powers)	The $22.50 charged under subsections (b) and (d) serve no legitimate criminal purpose; remove it from the judgment	Waiver for failure to object below; fee valid	Overruled insofar as Donham sought a reduction—court treated the fee as not part of the judgment because it was prematurely assessed during the appeal
Whether the time payment fee was prematurely assessed because the appeal suspends the obligation to pay costs	Fee was assessed after appeal filed and thus premature	Argued against relief (and asserted waiver)	Under Dulin, pendency of appeal stops the 30‑day clock; fee struck from bill of costs as prematurely assessed, without prejudice to later assessment if unpaid 30 days after appellate mandate

Dulin v. State, 620 S.W.3d 129 (Tex. Crim. App. 2021) (holding appeal pendency suspends obligation to pay court costs and prematurely assessed time payment fees should be struck without prejudice)
Johnson v. State, 537 S.W.3d 929 (Tex. Crim. App. 2017) (a defendant may raise an unpreserved challenge to court costs on appeal when costs were not imposed in open court and the judgment lacks an itemized costs list)