1. (a) The judgment and sentence for a conviction in a criminal action before a justice or judge is that the defendant pay the amount of the fine and costs to the state.
2. (a-1) In a case involving a child who is eligible for diversion under Article 45A.504 that results in a trial, if the court determines that the evidence presented in a bench trial would support a finding of guilt, or if a jury returns a verdict of guilty, the court shall provide the child and the child's parents the opportunity to accept placement in diversion, under Article 45A.510, instead of entering an adjudication of guilt. If the child and the child's parents accept the opportunity for placement in diversion under Article 45A.510, the court shall place the child in diversion. If the child and the child's parents decline the opportunity for placement in diversion under Article 45A.510, the court shall find the child guilty and proceed to sentencing.

3. (b) Subject to Articles 45A.253(a) and (b) and Article 45A.257, the justice or judge may direct the defendant:

   1. (1) to pay:

      1. (A) the entire fine and costs when the sentence is pronounced;
      2. (B) the entire fine and costs at a later date; or
      3. (C) a specified portion of the fine and costs at designated intervals;
   2. (2) if applicable, to make restitution to a victim of the offense; and
   3. (3) to satisfy any other sanction authorized by law.
4. (c) Restitution made under Subsection (b)(2) may not exceed $5,000 for an offense under Section 32.41, Penal Code.
5. (d) The justice or judge shall credit the defendant for time served in jail as provided by Article 42.03. The credit under this subsection shall be applied to the amount of the fine and costs at the rate provided by Article 45A.262.
6. (e) In addition to credit under Subsection (d), in imposing a fine and costs in a case involving a misdemeanor punishable by fine only, the justice or judge shall credit the defendant for any period the defendant was confined in jail or prison while serving a sentence for another offense if that confinement occurred after the commission of the misdemeanor. The credit under this subsection shall be applied to the amount of the fine and costs at the rate of not less than $150 for each day of confinement.
7. (f) All judgments, sentences, and final orders of the justice or judge shall be imposed in open court.

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.017(a), eff. September 1, 2025.

Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 10.10, eff. December 4, 2025.