(a) If the defendant notifies the justice or judge that the defendant has difficulty paying the fine and costs in compliance with the judgment, the justice or judge shall hold a hearing to determine whether the judgment imposes an undue hardship on the defendant.
(b) For purposes of Subsection (a), a defendant may notify the justice or judge by:
(1) voluntarily appearing and informing the justice or judge or the clerk of the court in the manner established by the justice or judge for that purpose;
(2) filing a motion with the justice or judge;
(3) mailing a letter to the justice or judge; or
(4) any other method established by the justice or judge for that purpose.
(c) If the justice or judge determines at the hearing under Subsection (a) that the judgment imposes an undue hardship on the defendant, the justice or judge shall consider whether to allow the defendant to satisfy the fine and costs through one or more methods listed under Article 45.041(a-1).
(d) The justice or judge may decline to hold a hearing under Subsection (a) if the justice or judge:
(1) previously held a hearing under that subsection with respect to the case and is able to determine without holding a hearing that the judgment does not impose an undue hardship on the defendant; or
(2) is able to determine without holding a hearing that:
(A) the judgment imposes an undue hardship on the defendant; and
(B) the fine and costs should be satisfied through one or more methods listed under Article 45.041(a-1).
(e) The justice or judge retains jurisdiction for the purpose of making a determination under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.09, eff. January 1, 2020.
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