CHAPTER 43. EXECUTION OF JUDGMENT - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 43. EXECUTION OF JUDGMENT

Art. 43.01. DISCHARGING JUDGMENT FOR FINE. (a) When the sentence

against an individual defendant is for fine and costs, he shall

be discharged from the same:

(1) when the amount thereof has been fully paid;

(2) when remitted by the proper authority;

(3) when he has remained in custody for the time required by law

to satisfy the amount thereof; or

(4) when the defendant has discharged the amount of fines and

costs in any other manner permitted by this code.

(b) When the sentence against a defendant corporation or

association is for fine and costs, it shall be discharged from

same:

(1) when the amount thereof has been fully paid;

(2) when the execution against the corporation or association has

been fully satisfied; or

(3) when the judgment has been fully satisfied in any other

manner.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1973, 63rd Leg., p. 974, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept.

1, 1993.

Art. 43.015. DEFINITIONS. In this chapter:

(1) "Capias" means a writ that is:

(A) issued by a court having jurisdiction of a case after

judgment and sentence; and

(B) directed "To any peace officer of the State of Texas" and

commanding the officer to arrest a person convicted of an offense

and bring the arrested person before that court immediately or on

a day or at a term stated in the writ.

(2) "Capias pro fine" means a writ that is:

(A) issued by a court having jurisdiction of a case after

judgment and sentence for unpaid fines and costs; and

(B) directed "To any peace officer of the State of Texas" and

commanding the officer to arrest a person convicted of an offense

and bring the arrested person before that court immediately.

Added by Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 7, eff. September 1, 2007.

Art. 43.02. PAYABLE IN MONEY. All recognizances, bail bonds, and

undertakings of any kind, whereby a party becomes bound to pay

money to the State, and all fines and forfeitures of a pecuniary

character, shall be collected in the lawful money of the United

States only.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.021. CAPIAS OR CAPIAS PRO FINE IN ELECTRONIC FORM. A

capias or capias pro fine may be issued in electronic form.

Added by Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 8, eff. September 1, 2007.

Art. 43.03. PAYMENT OF FINE. (a) If a defendant is sentenced to

pay a fine or costs or both and the defendant defaults in

payment, the court after a hearing under Subsection (d) of this

article may order the defendant confined in jail until discharged

as provided by law, may order the defendant to discharge the

fines and costs in any other manner provided by Article 43.09 of

this code, or may waive payment of the fines and costs as

provided by Article 43.091. A certified copy of the judgment,

sentence, and order is sufficient to authorize confinement under

this subsection.

(b) A term of confinement for default in payment of fine or costs

or both may not exceed the maximum term of confinement authorized

for the offense for which the defendant was sentenced to pay the

fine or costs or both. If a court orders a term of confinement

for default in payment of fines or costs under this article at a

time during which a defendant is serving another term of

confinement for default or is serving a term of confinement for

conviction of an offense, the term of confinement for default

runs concurrently with the other term of confinement, unless the

court orders the terms to run consecutively under Article 42.08

of this code.

(c) If a defendant is sentenced both to confinement and to pay a

fine or costs or both, and he defaults in payment of either, a

term of confinement for the default, when combined with the term

of confinement already assessed, may not exceed the maximum term

of confinement authorized for the offense for which the defendant

was sentenced.

(d) A court may not order a defendant confined under Subsection

(a) of this article unless the court at a hearing makes a written

determination that:

(1) the defendant is not indigent and has failed to make a good

faith effort to discharge the fines and costs; or

(2) the defendant is indigent and:

(A) has failed to make a good faith effort to discharge the

fines and costs under Article 43.09(f); and

(B) could have discharged the fines and costs under Article

43.09 without experiencing any undue hardship.

(e) This article does not apply to a court governed by Chapter

45.

(f) For purposes of a hearing described by Subsection (d), a

defendant may be brought before the court in person or by means

of an electronic broadcast system through which an image of the

defendant is presented to the court. For purposes of this

subsection, "electronic broadcast system" means a two-way

electronic communication of image and sound between the defendant

and the court and includes secure Internet videoconferencing.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1971, 62nd Leg., p. 2990, ch. 987, Sec. 2, eff. June 15, 1971;

Acts 1973, 63rd Leg., p. 974, ch. 399, Sec. 2(A), eff. Jan. 1,

1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept.

1, 1993; Subsec. (a) amended by Acts 2001, 77th Leg., ch. 1111,

Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 9, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

474, Sec. 1, eff. September 1, 2009.

Art. 43.04. IF DEFENDANT IS ABSENT. When a judgment and

sentence have been rendered against a defendant in the

defendant's absence, the court may order a capias issued for the

defendant's arrest. The sheriff shall execute the capias by

bringing the defendant before the court or by placing the

defendant in jail until the defendant can be brought before the

court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1971, 62nd Leg., p. 2990, ch. 987, Sec. 3, eff. June 15, 1971.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 10, eff. September 1, 2007.

Art. 43.05. CAPIAS PRO FINE SHALL RECITE. (a) A capias pro

fine issued for the arrest and commitment of a defendant

convicted of a misdemeanor or felony, or found in contempt, the

penalty for which includes a fine, shall recite the judgment and

sentence and command a peace officer to immediately bring the

defendant before the court.

(b) A capias pro fine authorizes a peace officer to place the

defendant in jail until the business day following the date of

the defendant's arrest if the defendant cannot be brought before

the court immediately.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1971, 62nd Leg., p. 2990, ch. 987, Sec. 4, eff. June 15, 1971.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 11, eff. September 1, 2007.

Art. 43.06. CAPIAS OR CAPIAS PRO FINE MAY ISSUE TO ANY COUNTY.

A capias or capias pro fine may be issued to any county in the

State, and shall be executed and returned as in other cases, but

no bail shall be taken in such cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 12, eff. September 1, 2007.

Art. 43.07. EXECUTION FOR FINE AND COSTS. In each case of

pecuniary fine, an execution may issue for the fine and costs,

though a capias pro fine was issued for the defendant; and a

capias pro fine may issue for the defendant though an execution

was issued against the defendant's property. The execution shall

be collected and returned as in civil actions. When the

execution has been collected, the defendant shall be at once

discharged; and whenever the fine and costs have been legally

discharged in any way, the execution shall be returned satisfied.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 13, eff. September 1, 2007.

Art. 43.08. FURTHER ENFORCEMENT OF JUDGMENT. When a defendant

has been committed to jail in default of the fine and costs

adjudged against him, the further enforcement of such judgment

and sentence shall be in accordance with the provisions of this

Code.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.09. FINE DISCHARGED. (a) When a defendant is convicted

of a misdemeanor and his punishment is assessed at a pecuniary

fine 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 projects, he shall be confined in jail for a

sufficient length of time to discharge the full amount of fine

and costs adjudged against him; rating such confinement at $50

for each day and rating such labor at $50 for each day; provided,

however, that the defendant may pay the pecuniary fine assessed

against him at any time while he is serving at work in the county

jail industries program, in the workhouse, or on the county farm,

or on the public improvements and maintenance projects of the

county or a political subdivision located in whole or in part in

the county, or while he is serving his jail sentence, and in such

instances he shall be entitled to the credit he has earned under

this subsection during the time that he has served and he shall

only be required to pay his balance of the pecuniary fine

assessed against him. A defendant who performs labor under this

article during a day in which he is confined is entitled to both

the credit for confinement and the credit for labor provided by

this article.

(b) In its discretion, the court may order that for each day's

confinement served by a defendant under this article, the

defendant receive credit toward payment of the pecuniary fine and

credit toward payment of costs adjudged against the defendant.

Additionally, the court may order that the defendant receive

credit under this article for each day's confinement served by

the defendant as punishment for the offense.

(c) In its discretion, the court may order that a defendant

serving concurrent, but not consecutive, sentences for two or

more misdemeanors may, for each day served, receive credit toward

the satisfaction of costs and fines imposed for each separate

offense.

(d) Notwithstanding any other provision of this article, in its

discretion, the court or the sheriff of the county may grant an

additional two days credit for each day served to any inmate

participating in an approved work program under this article or a

rehabilitation, restitution, or education program.

(e) A court in a county that operates an electronic monitoring

program or contracts with a private vendor to operate an

electronic monitoring program under Section 351.904, Local

Government Code, or that is served by a community supervision and

corrections department that operates an electronic monitoring

program approved by the community justice assistance division of

the Texas Department of Criminal Justice, may require a defendant

who is unable to pay a fine or costs to discharge all or part of

the fine or costs by participating in the program. A defendant

who participates in an electronic monitoring program under this

subsection discharges fines and costs in the same manner as if

the defendant were confined in county jail.

(f) A court may require a defendant who is unable to pay a fine

or costs to discharge all or part of the fine or costs by

performing community service.

(g) In its order requiring a defendant to participate in

community service work under Subsection (f) of this article, the

court must specify:

(1) the number of hours the defendant is required to work; and

(2) whether the community supervision and corrections department

or a court-related services office will perform the

administrative duties required by the placement of the defendant

in the community service program.

(h) The court may order the defendant to perform community

service work under Subsection (f) of this article only for a

governmental entity or a nonprofit organization that provides

services to the general public that enhance social welfare and

the general well-being of the community. A governmental entity or

nonprofit organization that accepts a defendant under Subsection

(f) of this article to perform community service must agree to

supervise the defendant in the performance of the defendant's

work and report on the defendant's work to the district probation

department or court-related services office.

(i) The court may require bail of a defendant to ensure the

defendant's faithful performance of community service under

Subsection (f) of this article and may attach conditions to the

bail as it determines are proper.

(j) A court may not order a defendant to perform more than 16

hours per week of community service under Subsection (f) of this

article unless the court determines that requiring the defendant

to work additional hours does not work a hardship on the

defendant or the defendant's dependents.

(k) A defendant is considered to have discharged $100 of fines or

costs for each eight hours of community service performed under

Subsection (f) of this article.

(l) A sheriff, employee of a sheriff's department, county

commissioner, county employee, county judge, an employee of a

community corrections and supervision department, restitution

center, or officer or employee of a political subdivision other

than a county is not liable for damages arising from an act or

failure to act in connection with manual labor performed by an

inmate pursuant to this article if the act or failure to act:

(1) was performed pursuant to confinement or other court order;

and

(2) was not intentional, wilfully or wantonly negligent, or

performed with conscious indifference or reckless disregard for

the safety of others.

(m) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 22,

eff. September 1, 2007.

(n) This article does not apply to a court governed by Chapter

45.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 360, ch. 143, Sec. 1, eff.

May 14, 1981; Acts 1987, 70th Leg., ch. 347, Sec. 1, eff. Sept.

1, 1987; Acts 1989, 71st Leg., ch. 785, Sec. 4.13, eff. Sept. 1,

1989; Subsecs. (a), (d) amended by Acts 1989, 71st Leg., ch. 753,

Sec. 1, eff. Sept. 1, 1989; Subsec. (e) added by Acts 1989, 71st

Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1989; Subsecs. (f) to (j)

added by Acts 1989, 71st Leg., ch. 1040, Sec. 4, eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.06, eff.

Aug. 26, 1991. Subsec. (l) added by Acts 1991, 72nd Leg., ch.

900, Sec. 1, eff. Aug. 26, 1991. Subsec. (a) amended by Acts

1993, 73rd Leg., ch. 578, Sec. 2, eff. June 11, 1993; Subsec. (l)

amended by Acts 1993, 73rd Leg., ch. 578, Sec. 2, eff. June 11,

1993; Subsec. (m) added by Acts 1993, 73rd Leg., ch. 414, Sec. 1,

eff. June 6, 1993. Amended by Acts 1993, 73rd Leg., ch. 900, Sec.

5.04, eff. Sept. 1, 1993; Subsec. (k) amended by Acts 1999, 76th

Leg., ch. 1545, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 14, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 22, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

854, Sec. 2, eff. June 19, 2009.

Art. 43.091. WAIVER OF PAYMENT OF FINES AND COSTS FOR INDIGENT

DEFENDANTS. A court may waive payment of a fine or cost imposed

on a defendant who defaults in payment if the court determines

that:

(1) the defendant is indigent; and

(2) each alternative method of discharging the fine or cost

under Article 43.09 would impose an undue hardship on the

defendant.

Added by Acts 2001, 77th Leg., ch. 1111, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1263, Sec. 15, eff. September 1, 2007.

Art. 43.10. MANUAL LABOR. Where the punishment assessed in a

conviction for a misdemeanor is confinement in jail for more than

one day or is only a pecuniary fine and the defendant is unable

to pay the fine and costs adjudged against the defendant, or

where the defendant is sentenced to jail for a felony or is

confined in jail after conviction of a felony, the defendant

shall be required to work in the county jail industries program

or shall be required to do manual labor in accordance with the

following rules and regulations:

1. Each commissioners court may provide for the erection of a

workhouse and the establishment of a county farm in connection

therewith for the purpose of utilizing the labor of defendants

under this article;

2. Such farms and workhouses shall be under the control and

management of the sheriff, and the sheriff may adopt such rules

and regulations not inconsistent with the rules and regulations

of the Commission on Jail Standards and with the laws as the

sheriff deems necessary;

3. Such overseers and guards may be employed by the sheriff

under the authority of the commissioners court as may be

necessary to prevent escapes and to enforce such labor, and they

shall be paid out of the county treasury such compensation as the

commissioners court may prescribe;

4. They shall be put to labor upon public works and maintenance

projects, including public works and maintenance projects for a

political subdivision located in whole or in part in the county.

They may be put to labor upon maintenance projects for a cemetery

that the commissioners court uses public funds, county employees,

or county equipment to maintain under Section 713.028, Health and

Safety Code. They may also be put to labor providing maintenance

and related services to a nonprofit organization that qualifies

for a tax exemption under Section 501(a), Internal Revenue Code

of 1986, as an organization described by Section 501(c)(3) of

that code, and is organized as a nonprofit corporation under the

Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,

Vernon's Texas Civil Statutes), provided that, at the sheriff's

request, the commissioners court determines that the nonprofit

organization provides a public service to the county or to a

political subdivision located in whole or in part in the county;

5. A defendant who from age, disease, or other physical or

mental disability is unable to do manual labor shall not be

required to work. The defendant's inability to do manual labor

may be determined by a physician appointed for that purpose by

the county judge or the commissioners court, who shall be paid

for such service such compensation as said court may allow; and

6. For each day of manual labor, in addition to any other

credits allowed by law, a defendant is entitled to have one day

deducted from each sentence the defendant is serving.

Amended by Acts 1981, 67th Leg., p. 2647, ch. 708, Sec. 1, eff.

Aug. 31, 1981; Acts 1989, 71st Leg., ch. 753, Sec. 2, eff. Sept.

1, 1989; Acts 1989, 71st Leg., ch. 785, Sec. 4.14, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., ch. 900, Sec. 2, eff. Aug. 26, 1991;

Subsec. (a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10,

Sec. 14.09, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd Leg.,

ch. 578, Sec. 3, eff. June 11, 1993; Acts 1993, 73rd Leg., ch.

900, Sec. 5.04, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76,

Sec. 3.19, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 321,

Sec. 3.015, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

853, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1187, Sec. 1, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

854, Sec. 3, eff. June 19, 2009.

Art. 43.101. VOLUNTARY WORK. (a) A defendant who is confined in

county jail before trial, after conviction of a misdemeanor, or

after conviction of a felony or revocation of community

supervision, parole, or mandatory supervision and awaiting

transfer to the Texas Department of Criminal Justice may

volunteer to participate in any work program operated by the

sheriff that uses the labor of convicted defendants.

(b) The sheriff may accept a defendant as a volunteer under

Subsection (a) if the defendant is not awaiting trial for an

offense involving violence or is not awaiting transfer to the

Texas Department of Criminal Justice after conviction of a felony

involving violence, and if the sheriff determines that the inmate

has not engaged previously in violent conduct and does not pose a

security risk to the general public if allowed to participate in

the work program.

(c) A defendant participating in a work program under this

section is not an employee for the purposes of Chapter 501 or

504, Labor Code.

(d) For each day of volunteer work, in addition to any other

credits allowed by law, the court or sheriff may deduct one day

from each sentence imposed on the defendant in relation to the

offense or violation of the terms of release for which the

defendant was confined in county jail.

Added by Acts 1989, 71st Leg., ch. 753, Sec. 3, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 86, Sec. 1, eff. Aug.

30, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 76, Sec. 3.20, eff. Sept. 1,

1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.032, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

854, Sec. 4, eff. June 19, 2009.

Art. 43.11. AUTHORITY FOR CONFINEMENT. When, by the judgment and

sentence of the court, a defendant is to be confined in jail, a

certified copy of such judgment and sentence shall be sufficient

authority for the sheriff to place such defendant in jail.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept.

1, 1993.

Art. 43.13. DISCHARGE OF DEFENDANT. (a) A defendant who has

remained in jail the length of time required by the judgment and

sentence shall be discharged. The sheriff shall return the copy

of the judgment and sentence, or the capias under which the

defendant was imprisoned, to the proper court, stating how it was

executed.

(b) A defendant convicted of a misdemeanor and sentenced to a

term of confinement of more than 30 days discharges the

defendant's sentence at any time between the hours of 6 a.m. and

7 p.m. on the day of discharge.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1997, 75th Leg., ch. 714, Sec. 1, eff. Sept. 1,

1997.

Art. 43.131. IMMUNITIES. (a) An individual listed in Subsection

(c) of this article and the governmental entity that the

individual serves as an officer or employee are not liable for

damages arising from an act or failure to act by the individual

or governmental entity in connection with a community service

program or work program established under this chapter if the act

or failure to act:

(1) was performed pursuant to a court order or was otherwise

performed in an official capacity; and

(2) was not performed with conscious indifference for the safety

of others.

(b) Chapter 101, Civil Practice and Remedies Code, does not apply

to a claim based on an act or a failure to act of an individual

listed in Subsection (c) of this article or a governmental entity

the officer serves as an officer or employee if the act or

failure to act is in connection with a program described by

Subsection (a) of this article.

(c) This article applies to:

(1) a director or employee of a community supervision and

corrections department or a community corrections facility;

(2) a sheriff or employee of a sheriff's department;

(3) a county judge, county commissioner, or county employee;

(4) an officer or employee of a state agency; or

(5) an officer or employee of a political subdivision other than

a county.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1,

1993.

Art. 43.14. EXECUTION OF CONVICT. Whenever the sentence of

death is pronounced against a convict, the sentence shall be

executed at any time after the hour of 6 p.m. on the day set for

the execution, by intravenous injection of a substance or

substances in a lethal quantity sufficient to cause death and

until such convict is dead, such execution procedure to be

determined and supervised by the director of the correctional

institutions division of the Texas Department of Criminal

Justice.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1977, 65th Leg., p. 287, ch. 138, Sec. 1, eff. Aug. 29, 1977.

Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 120, eff.

Sept. 1, 1981; Acts 1991, 72nd Leg., ch. 652, Sec. 11, eff. Sept.

1, 1991; Acts 1995, 74th Leg., ch. 319, Sec. 3, eff. Sept. 1,

1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.033, eff. September 1, 2009.

Art. 43.141. SCHEDULING OF EXECUTION DATE; WITHDRAWAL;

MODIFICATION. (a) If an initial application under Article 11.071

is timely filed, the convicting court may not set an execution

date before:

(1) the court of criminal appeals denies relief; or

(2) if the case is filed and set for submission, the court of

criminal appeals issues a mandate.

(b) If an original application is not timely filed under Article

11.071 or good cause is not shown for an untimely application

under Article 11.071, the convicting court may set an execution

date.

(c) The first execution date may not be earlier than the 91st day

after the date the convicting court enters the order setting the

execution date. A subsequent execution date may not be earlier

than the 31st day after the date the convicting court enters the

order setting the execution date.

(d) The convicting court may modify or withdraw the order of the

court setting a date for execution in a death penalty case if the

court determines that additional proceedings are necessary on:

(1) a subsequent or untimely application for a writ of habeas

corpus filed under Article 11.071; or

(2) a motion for forensic testing of DNA evidence submitted under

Chapter 64.

(e) If the convicting court withdraws the order of the court

setting the execution date, the court shall recall the warrant of

execution. If the court modifies the order of the court setting

the execution date, the court shall recall the previous warrant

of execution, and the clerk of the court shall issue a new

warrant.

Added by Acts 1995, 74th Leg., ch. 319, Sec. 4, eff. Sept. 1,

1995. Subsec. (d) amended by Acts 2003, 78th Leg., ch. 13, Sec.

6, eff. Sept. 1, 2003.

Art. 43.15. WARRANT OF EXECUTION. Whenever any person is

sentenced to death, the clerk of the court in which the sentence

is pronounced, shall within ten days after the court enters its

order setting the date for execution, issue a warrant under the

seal of the court for the execution of the sentence of death,

which shall recite the fact of conviction, setting forth

specifically the offense, the judgment of the court, the time

fixed for his execution, and directed to the Director of the

Department of Corrections at Huntsville, Texas, commanding him to

proceed, at the time and place named in the order of execution,

to carry the same into execution, as provided in the preceding

Article, and shall deliver such warrant to the sheriff of the

county in which such judgment of conviction was had, to be by him

delivered to the said Director of the Department of Corrections,

together with the condemned person if he has not previously been

so delivered.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 121, eff.

Sept. 1, 1981.

Art. 43.16. TAKEN TO DEPARTMENT OF CORRECTIONS. Immediately upon

the receipt of such warrant, the sheriff shall transport such

condemned person to the Director of the Department of

Corrections, if he has not already been so delivered, and shall

deliver him and the warrant aforesaid into the hands of the

Director of the Department of Corrections and shall take from the

Director of the Department of Corrections his receipt for such

person and such warrant, which receipt the sheriff shall return

to the office of the clerk of the court where the judgment of

death was rendered. For his services, the sheriff shall be

entitled to the same compensation as is now allowed by law to

sheriffs for removing or conveying prisoners under the provisions

of Section 4 of Article 1029 or 1030 of the Code of Criminal

Procedure of 1925, as amended.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 122, eff.

Sept. 1, 1981.

Art. 43.17. VISITORS. Upon the receipt of such condemned person

by the Director of the Department of Corrections, the condemned

person shall be confined therein until the time for his or her

execution arrives, and while so confined, all persons outside of

said prison shall be denied access to him or her, except his or

her physician, lawyer, and clergyperson, who shall be admitted to

see him or her when necessary for his or her health or for the

transaction of business, and the relatives and friends of the

condemned person, who shall be admitted to see and converse with

him or her at all proper times, under such reasonable rules and

regulations as may be made by the Board of Directors of the

Department of Corrections.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1979, 66th Leg., p. 1181; ch. 572, Sec. 1, eff.

Aug. 27, 1979.

Art. 43.18. EXECUTIONER. The director of the Texas Department

of Criminal Justice shall designate an executioner to carry out

the death penalty provided by law.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts

1975, 64th Leg., p. 911, ch. 341, Sec. 6, eff. June 19, 1975;

Acts 1977, 65th Leg., p. 288, ch. 138, Sec. 2, eff. Aug. 29,

1977.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.034, eff. September 1, 2009.

Art. 43.19. PLACE OF EXECUTION. The execution shall take place

at a location designated by the Texas Department of Criminal

Justice in a room arranged for that purpose.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1985, 69th Leg., ch. 250, Sec. 1, eff. Aug. 26,

1985.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.035, eff. September 1, 2009.

Art. 43.20. PRESENT AT EXECUTION. The following persons may be

present at the execution: the executioner, and such persons as

may be necessary to assist him in conducting the execution; the

Board of Directors of the Department of Corrections, two

physicians, including the prison physician, the spiritual advisor

of the condemned, the chaplains of the Department of Corrections,

the county judge and sheriff of the county in which the

Department of Corrections is situated, and any of the relatives

or friends of the condemned person that he may request, not

exceeding five in number, shall be admitted. No convict shall be

permitted by the prison authorities to witness the execution.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.21. ESCAPE AFTER SENTENCE. If the condemned escape after

sentence and before his delivery to the Director of the

Department of Corrections, and be not rearrested until after the

time fixed for execution, any person may arrest and commit him to

the jail of the county in which he was sentenced; and thereupon

the court by whom the condemned was sentenced; either in

term-time or vacation, on notice of such arrest being given by

the sheriff, shall again appoint a time for the execution, not

less than thirty days from such appointment, which appointment

shall be by the clerk of said court immediately certified to the

Director of the Department of Corrections and such clerk shall

place such certificate in the hands of the sheriff, who shall

deliver the same, together with the warrant aforesaid and the

condemned person to the Director of the Department of

Corrections, who shall receipt to the sheriff for the same and

proceed at the appointed time to carry the sentence of death into

execution as hereinabove provided.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.22. ESCAPE FROM DEPARTMENT OF CORRECTIONS. If the

condemned person escapes after his delivery to the Director of

the Department of Corrections, and is not retaken before the time

appointed for his execution, any person may arrest and commit him

to the Director of the Department of Corrections whereupon the

Director of the Department of Corrections shall certify the fact

of his escape and recapture to the court in which sentence was

passed; and the court, either in term-time or vacation, shall

again appoint a time for the execution which shall not be less

than thirty days from the date of such appointment; and thereupon

the clerk of such court shall certify such appointment to the

Director of the Department of Corrections, who shall proceed at

the time so appointed to execute the condemned, as hereinabove

provided. The sheriff or other officer or other person performing

any service under this and the preceding Article shall receive

the same compensation as is provided for similar services under

the provisions of Articles 1029 or 1030 of the Code of Criminal

Procedure of 1925, as amended. If for any reason execution is

delayed beyond the date set, then the court which originally

sentenced the defendant may set a later date for execution.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.23. RETURN OF DIRECTOR. When the execution of sentence

is suspended or respited to another date, same shall be noted on

the warrant and on the arrival of such date, the Director of the

Department of Corrections shall proceed with such execution; and

in case of death of any condemned person before the time for his

execution arrives, or if he should be pardoned or his sentence

commuted by the Governor, no execution shall be had; but in such

cases, as well as when the sentence is executed, the Director of

the Department of Corrections shall return the warrant and

certificate with a statement of any such act and his proceedings

endorsed thereon, together with a statement showing what

disposition was made of the dead body of the convict, to the

clerk of the court in which the sentence was passed, who shall

record the warrant and return in the minutes of the court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.24. TREATMENT OF CONDEMNED. No torture, or ill

treatment, or unnecessary pain, shall be inflicted upon a

prisoner to be executed under the sentence of the law.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.25. BODY OF CONVICT. The body of a convict who has been

legally executed shall be embalmed immediately and so directed by

the Director of the Department of Corrections. If the body is not

demanded or requested by a relative or bona fide friend within

forty-eight hours after execution then it shall be delivered to

the Anatomical Board of the State of Texas, if requested by the

Board. If the body is requested by a relative, bona fide friend,

or the Anatomical Board of the State of Texas, such recipient

shall pay a fee of not to exceed twenty-five dollars to the

mortician for his services in embalming the body for which the

mortician shall issue to the recipient a written receipt. When

such receipt is delivered to the Director of the Department of

Corrections, the body of the deceased shall be delivered to the

party named in the receipt or his authorized agent. If the body

is not delivered to a relative, bona fide friend, or the

Anatomical Board of the State of Texas, the Director of the

Department of Corrections shall cause the body to be decently

buried, and the fee for embalming shall be paid by the county in

which the indictment which resulted in conviction was found.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 43.26. PREVENTING RESCUE. The sheriff may, when he supposes

there will be a necessity, order such number of citizens of his

county, or request any military or militia company, to aid in

preventing the rescue of a prisoner.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.