In the

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-24-00023-CV

MICHAEL FRED HOUSTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th District Court

Gregg County, Texas

Trial Court No. 46857-B

Before Stevens, C.J., van Cleef and Rambin, JJ.

Memorandum Opinion by Justice van Cleef
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MEMORANDUM OPINION

A Gregg County jury convicted Michael Fred Houston of aggravated robbery in 2019. 

The jury assessed a sentence of life imprisonment, and the trial court imposed that sentence on 

April 18, 2019, and ordered Houston to pay $249.00 in court costs. There is no indication in 

either the judgment of conviction or the bill of costs that the trial court imposed a fine or ordered 

restitution. The only assessment in either the judgment or the bill of costs is the $249.00 

assessment for court costs. On March 1, 2024, the trial court signed an order to withdraw funds,

instructing the Texas Department of Criminal Justice to withdraw $10,039.68 from Houston’s

inmate trust account. On March 28, 2024, Houston noticed this appeal from that order to 

withdraw funds.

“Section 501.014(e) of the [Texas] Government Code governs the withdrawal of funds 

from an inmate’s account for the recovery of court fees and costs assessed against the inmate.” 

Brown v. State, 594 S.W.3d 609, 610 (Tex. App.—Waco 2019, no pet.) (citing TEX. GOV’T 

CODE ANN. § 501.014(e)). “Proceedings under section 501.014(e) to recover court fees and costs 

assessed against inmates ‘are civil in nature and not part of the underlying criminal case.’” Id.

(quoting Harrell v. State, 286 S.W.3d 315, 316 (Tex. 2009)). “In civil cases, unless specifically 

authorized by statute, appeals may be taken only from final orders or judgments.” Id. (citing

TEX. CIV. PRAC. & REM. CODE ANN. § 51.012; CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 

2011)).

“Although called an ‘order,’ an ‘order’ to withdraw funds is not a final, appealable order; 

it is a notice to the Texas Department of Criminal Justice to withdraw funds from an inmate’s 
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account under section 501.014(e).” Id.; see Jewell v. State, No. 06-10-00114-CV, 2011 WL 

1642769, at *1 n.1 (Tex. App.—Texarkana Apr. 29, 2011, no pet.) (mem. op.). “On the other 

hand, an inmate may appeal from a trial court’s final order denying the inmate’s motion to 

modify or rescind the withdrawal.” Brown, 594 S.W.3d at 610 (citing Ramirez v. State, 318 

S.W.3d 906, 908 (Tex. App.—Waco 2010, no pet.) (“Only when [the withdrawal notification is] 

properly challenged and denied relief is there a trial court order that is final from which the 

inmate . . . can appeal.” (alteration in original))).

As we stated in Jewell, “The [order to withdraw funds] is not itself an appealable order, it 

is only a notification that the legislatively required withdrawal is to occur. The appealable order 

is the trial court’s ruling on a motion to rescind.” Jewell, 2011 WL 1642769, at *1 (footnotes

omitted). Here, Houston did not take the necessary step of filing and obtaining the trial court’s 

ruling on a motion to rescind. Rather, he attempted to appeal directly from the trial court’s order 

to withdraw funds. Because that order is not final or appealable, we lack jurisdiction over this 

appeal. See id.

We dismiss this appeal for want of jurisdiction.

Charles van Cleef

Justice

Date Submitted: May 20, 2024

Date Decided: May 21, 2024