The 2020 consolidated court cost reform
HB 1264 did not lower total court costs — defendants still pay roughly the same amount overall. What changed was transparency. Pre-reform judgments listed every line-item fee (DNA Testing Fee, Indigent Defense Fee, Crime Stoppers Fee, Texas Compensation to Victims of Crime Fee, Judicial Support Fee, etc.). Post-reform judgments list one consolidated state cost plus a handful of local items. The total is similar; the audit trail is cleaner.
The reform also tied cost allocation to specific state funds. Of every $185 consolidated felony cost, set percentages flow to the Crime Victims' Compensation Fund, indigent-defense, judicial support, courthouse security, and county-level technology programs. The math is in § 133.102 of the Local Gov't Code.
Court costs by offense class
| Offense class | State consolidated cost | Typical local additions | Total court cost estimate |
|---|---|---|---|
| Class C non-traffic misdemeanor | $40 | $10–$40 | $50–$80 |
| Class C traffic misdemeanor | $40 | $30–$50 (state traffic fee) | $70–$90 |
| Class B misdemeanor | $87 | $30–$70 | $117–$157 |
| Class A misdemeanor | $87 | $30–$70 | $117–$157 |
| State jail felony | $185 | $50–$100 | $235–$285 |
| Third-degree felony | $185 | $50–$100 | $235–$285 |
| Second-degree felony | $185 | $50–$100 | $235–$285 |
| First-degree felony | $185 | $50–$100 | $235–$285 |
| Capital felony | $185 | $50–$100 | $235–$285 |
Local additions vary by county. Dallas, Collin, Denton, and Tarrant counties each charge their own line items: courthouse security fee, jury fee, county records preservation fee, judicial training fee, and (for some courts) technology fees. The total for the four DFW counties usually falls in the $50–$100 range for felonies and $30–$70 for misdemeanors.
Statutory fine ranges
Texas Penal Code § 12.21 through § 12.34 set the maximum statutory fine for each offense class. These are MAXIMUMS, not minimums — judges have discretion to set any fine from $0 up to the cap. In practice, fines are commonly set at 25%–75% of the maximum for first offenses, higher for priors.
| Offense class | Statutory fine maximum | Typical fine on conviction | Penal Code section |
|---|---|---|---|
| Class C misdemeanor | $500 | $100–$400 | § 12.23 |
| Class B misdemeanor | $2,000 | $300–$1,500 | § 12.22 |
| Class A misdemeanor | $4,000 | $500–$3,000 | § 12.21 |
| State jail felony | $10,000 | $1,000–$5,000 | § 12.35 |
| Third-degree felony | $10,000 | $1,500–$7,500 | § 12.34 |
| Second-degree felony | $10,000 | $2,000–$10,000 | § 12.33 |
| First-degree felony | $10,000 | $2,000–$10,000 | § 12.32 |
DWI-specific fines after HB 2048
The Texas Driver Responsibility Program (DRP) was repealed in 2019 by HB 2048, effective September 1, 2019. The DRP had been criticized for compounding poverty — defendants who could not pay accumulating surcharges lost their driver's license, which then prevented them from working to pay the surcharge.
HB 2048 replaced the DRP with direct, statutory fines on DWI and certain other offenses, codified in Transportation Code § 709.001:
- DWI 1st offense: $3,000 fine in addition to court costs and any Penal Code fine
- DWI 2nd or subsequent within 36 months: $4,500 fine
- DWI with BAC ≥ 0.15 (Class A misdemeanor enhancement): $6,000 fine
- Driving without insurance: $250 fine
- Driving while license invalid: $250 fine
These § 709 fines are assessed at conviction and are separate from court costs and Penal Code fines. So a Class B DWI 1st results in: $117–$157 court cost + $300–$1,500 Penal Code fine + $3,000 § 709 fine = roughly $3,400–$4,700 in financial obligations from the conviction alone, before probation supervision fees, attorney fees, or ignition-interlock costs.
Ancillary costs: probation, restitution, attorney fees
Probation supervision fees
Under Tex. Code Crim. Proc. art. 42A.652, defendants on community supervision pay a monthly supervision fee. The amount is set by the court and the local Community Supervision and Corrections Department (CSCD), typically $60–$70 per month. Over a 2-year misdemeanor probation that totals roughly $1,440–$1,680. Felony probation periods can run 5–10 years, multiplying the total accordingly.
Restitution
Restitution is direct payment to the victim for documented losses caused by the offense, ordered under art. 42.037. Common items: medical bills, property damage, lost wages, counseling costs. The State carries the burden of proving the amount; the defense can dispute amounts not supported by documentation. Restitution is separate from fines and goes directly to the victim, not the State.
Appointed-attorney fees
If you were indigent and the court appointed counsel, the court may assess attorney's fees as costs of court under art. 26.05(g). To recover these fees from you, the State must prove you have the ability to pay; without that showing, fees imposed solely because counsel was appointed are improper under Cates v. State (Tex. Crim. App. 2014) and may be struck on appeal.
Ignition-interlock and other DWI-specific costs
DWI sentences often include an ignition-interlock device requirement, costing $70–$100/month plus a $100–$150 installation fee. Required treatment programs (Substance Abuse Education, DWI Education, Repeat Offender programs) cost $50–$300 each.
What happens if you cannot pay
Several relief mechanisms exist under Texas law:
- Payment plan (art. 42.15, art. 45.046). The court can set monthly installments based on ability to pay. Most counties offer this on request.
- Community service in lieu of payment (art. 45.0491). At minimum-wage rate ($7.25/hour), 1 hour reduces $7.25 from costs. Useful when defendant has time but not cash.
- Indigency waiver (art. 45.0491(c)). The court may waive all or part of costs if it finds the defendant is indigent and unable to pay. Requires sworn financial affidavit.
- Jail credit for unpaid fines (art. 43.09). Each day in jail credits $50–$100 (court-set) against fines and costs. Generally used when other options have been exhausted.
Ignoring unpaid costs can result in a capias (warrant for arrest) under art. 45.045. The capias does not increase the underlying debt but adds enforcement cost and a $50 capias service fee, plus possible additional time in jail.