Texas Attorney General Opinion: JM-898 Page: 2 of 12
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Honorable Sam W. Dick - Page 2 (JM-898)
insurance program to cover the liabilities
during the period of community service?
5. Does the Texas Tort Claims Act exempt
the Judge and County from liability for
community services?
You note that, while subsection (2)(d) of article
45.54 of the Texas Code of Criminal Procedure does not
specifically provide for community service, the court is
given discretion in granting any other reasonable
conditions.
Article 45.54 provides
(1) Upon conviction of the defendant of a
misdemeanor punishable by fine only, other
than a misdemeanor disposed of by Section
143A, Uniform Act Regulating Traffic on
Highways (Article 6701d, Vernon's Texas
Civil Statutes), the justice may suspend the
imposition of the fine and defer final dis-
position of the case for a period not to
exceed 180 days.
(2) During said deferral period, the
justice may require the defendant to:
(a) post a bond in the amount of the fine
assessed to secure payment of the fine;
(b) pay restitution to the victim of the
offense in an amount not to exceed the fine
assessed;
(c) submit to professional counseling;
and
(4) complv with any other reasonable con-
dition, other than payment of all or part of
the fine assessed.
(3) At the conclusion of the deferral
period, if the defendant presents satisfact-
ory evidence that he has complied with the
requirements imposed, the justice may dis-
miss the complaint. Otherwise, the justice
may reduce the fine assessed or may then
impose the fine assessed. If the complaint
is dismissed, a special expense not top. 4420
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-898, text, May 9, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273336/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.