OFFICE OF THE ATTORNEY GENERAL. STATE OF nx*r 

JOHN CORNYN 

July 7,200O 

The Honorable Charles D. Penick 

Criminal District Attorney 

Bastrop County 

804 Pecan Street 

Bastrop, Texas 78602 

Opinion No. JC-0246 

Re: Amount of credit for time served in a county 

jail for failure to pay a tine assessed for a Class C 

misdemeanor (RQ-0184-JC) 

Dear Mr. Penick: 

You have requested our opinion regarding the amount of credit that should be awarded to a 

convicted defendant for time served in a county jail for failure to pay a tine assessed for a Class C 

misdemeanor. Pursuant to article 45.048 of the Code of Criminal Procedure, we conclude that a 

defendant should be credited at the rate of not less than $100 per day for each day or part of a day 

served in jail. 

You indicate that, in accordance with article 43.09 of the Code of Criminal Procedure, the 

Bastrop County Jail is “crediting to all inmates convicted of a crime who fail to pay their fine an 

amount of only $50 per day. This policy includes those inmates convicted of Class C 

Misdemeanors.” Letter from Honorable Charles D. Penick, Bastrop County Criminal District 

Attorney, to Office ofthe Attorney General, Opinion Committee (Feb. 4,200O) (on tile with Opinion 

Committee). The issue you pose is whether article 43.09 is the statute that applies to persons 

convicted of Class C misdemeanors, in light of article 45.048 of the Code of Criminal Procedure, 

which is specifically applicable to persons convicted in justice and municipal courts. 

Chapter 43 of the Code of Criminal Procedure constitutes the general law applicable to 

“execution ofjudgment” in criminal cases, Article 43.09(a) provides, in relevant part: 

When a defendant is convicted of a misdemeanor and his 

punishment is assessed at a pecuniary tine or is confined in a jail after 

conviction of a felony for which a fine is imposed, if he is unable to 

pay the fine and costs adjudged against him, he may for such time as 

will satisfy the judgment be put to work in the county jail industries 

program, in the workhouse, or on the county farm,~ or public 

improvements and maintenance projects of the county or a political 

subdivision located in whole or in part in the county, as provided in 

the succeeding article; or if there be no such county jail industries 

program, workhouse, farm, or improvements and maintenance 
The Honorable Charles D. Penick Page 2 (JC-0246) 

projects, he shall be confined in jailfor a suf$cient length of time to 

discharge the full amount offine and costs adjudged against him; 

rating such confinement at $50 for each day and rating such labor at 

$50 for each day. 

TEX. CODE GRIM. PROC. ANN. art. 43.09(a) (Vernon Supp. 2000) (emphasis added). In addition, 

article 43.09 confers broad discretion on the sentencing court to, for example, “grant an additional 

two days credit for each day served to any inmate participating in an approved work program. or 

a rehabilitation, restitution, or education program,” and “to discharge all or part of the fine or costs 

by performing community service” at the rate of $100 for each eight hours of service. Id. art. 

43.09(d), (f), (k). Section (a) was last amended in 1993r and subsection(k) was amended in 1999 

to increase the credit for eight hours of community service from $50 to $lOO.* 

Your inquiry focuses on Class C misdemeanors. A Class C misdemeanor is one in which 

the maximum permissible punishment is a tine not to exceed $500, and it is not punishable by 

confinement. See TEX. PEN. CODE ANN. 5 12.23 (Vernon 1994). Justice courts have original 

jurisdiction in criminal cases in which the punishment is by a fine or other sanction that does not 

include confinement. See TEX. CODE GRIM. PROC. ANN. art. 4.11 (Vernon Supp. 2000). A 

municipal court has “exclusive original jurisdiction within the territorial limits of the municipality 

in all criminal cases” punishable by tine only, with the maximum tine not to exceed $500, or in 

certain cases, $2000. Id. art. 4.14. County courts do not have jurisdiction in any case in which the 

fine to be imposed does not exceed $500. See id. art. 4.07. Thus, only justice and municipal courts 

have jurisdiction of Class C misdemeanors. 

Chapter 45 ofthe Code of Criminal Procedure deals exclusively with “justice and municipal 

courts.” Article 45.002 thereof declares: 

Criminal proceedings in the justice and municipal courts shall 

be conducted in accordance with this chapter, including any other 

rules ofprocedure specifically made applicable to those proceedings 

by this chapter. If this chapter does not provide a rule of procedure 

governing any aspect of a case, the justice or judge shall apply the 

other general provisions of this code to the extent necessary to 

achieve the objectives of this chapter. 

Id. art. 45.002 (emphasis added). Chapter 45 was extensively rewritten in 1999, and many previous 

provisions were renumbered as well as amended.r Former article 45.53 was redesignated as article 

‘See Act of May 20, 1993,73d Leg., RX, ch. 578,§ 2, 1993 Tex. Gen. Laws 2188,2189 

‘See Act ofMay 30, 1999,76th Leg., R.S., ch. 1545, $3,1999 Tex. Gen. Laws 5314 

‘See id. 5 6, at 5315 
The Honorable Charles D. Penick - Page 3 (JC-0246) 

45.04@ and amended to increase the credit for time served from $15 per day to “not less than” $100 

per day: 

A defendant placed in jail on account of failure to pay the tine 

and costs shall be discharged on habeas corpus by showing that the 

defendant: 

(1) is too poor to pay the fine and costs; or 

(2) has remained in jail a sufficient length of time to satisfy 

the fine and costs, at the rate ofnot less than $100 for each day or part 

of a day ofjail time served. 

TEX. CODE CFUM. PROC. ANN. art. 45.048 (Vernon Supp. 2000). Likewise, the credit in justice and 

municipal court for eight hours of community service was increased from $50 to $100. Id. art. 

45.049. 

When a statute makes a general provision that is apparently applicable to all criminal cases 

and another statute makes a different provision for particular cases, the latter prevails insofar as the 

particular case or class is concerned. See Magnolia Fruit & Produce Co., Inc. Y. Unicopy Corp. of 

Tex., 649 S.W.2d 794,797 (Tex. App.-Tyler 1983, writ dism’d); White Y. Sturns, 651 S.W.2d 372, 

374 (Tex. App.-Austin 1983, writ ref d n.r.e.). 

In the situation you pose, the amount of credit to be awarded for jail time served as a result 

of a proceeding in a justice or municipal court is the more specific provision. Because article 45.002 

makes chapter 45 applicable to proceedings in justice and municipal courts to the exclusion of other 

provisions (particularly article 43.09), it is clear that article 45.048 is the statute to be applied to 

determine the amount of credit to be awarded to a defendant convicted of a Class C misdemeanor 

for time served in a county jail. Thus, in answer to your specific question, a defendant who is 

sentenced to county jail for failure to pay a tine assessed as a result of conviction for a Class C 

misdemeanor should be credited at a rate of not less than $100 for each day or part of a day served 

in jail. 

‘See id. 5 48, at 5323. 
The Honorable Charles D. Penick - Page 4 (JC-0246) 

SUMMARY 

A defendant who is sentenced to county jail for failure to pay a 

tine assessed as a result of conviction for a Class C misdemeanor 

should be credited at a rate of not less than $100 for each day or part 

of a day served in jail. 

Attorney General of Texas 

ANDY TAYLOR 

First Assistant Attorney General 

CLARK KENT ERVIN 

Deputy Attorney General - General Counsel 

ELIZABETH ROBINSON 

Chair, Opinion Committee 

Rick Gilpin 

Assistant Attorney General - Opinion Committee