How Do You Waive Court Costs in Texas?

The Texas rule in one table

| Form | Statement of Inability to Afford Payment of Court Costs, Supreme-Court-approved form (Misc. Docket No. 16-9122), under Texas Rule of Civil Procedure 145. Justice courts: the same Statement under Rule 510.7. No separate form number | | Sworn requirement | Signed before a notary or made under penalty of perjury. The clerk may return a Statement for correction only if it is not sworn, not for failure to attach evidence or any other reason | | Who decides | No up-front judicial approval. The clerk must docket the case on a sworn Statement. A judge decides only if a motion to require payment is filed | | Eligibility test | No fixed income threshold in Rule 145. The test is the sworn statement that the declarant cannot afford costs, supported by any available evidence | | Prima facie evidence | Benefits from a means-tested government entitlement program; representation through a Texas Access to Justice Foundation provider, a Legal Services Corporation provider, or a nonprofit serving people at or below 200 percent of the federal poverty guidelines; or a declined application for free legal services after a financial-eligibility finding | | Costs covered | Any fee charged by the court or an officer of the court, including filing fees, issuance and service of process, copies, court-appointed professionals, and clerk or court-reporter appellate-record fees | | If ordered to pay | After an oral evidentiary hearing with 10 days' notice, the court may order part of the costs or installments, and must not delay the case if payment is made in installments |

What makes Texas different

Texas inverts the usual order: the sworn Statement files the case first, and nobody approves it up front. The clerk's duties are mandatory, not discretionary: make the Statement available free without request, return it only if unsworn, and on filing a sworn Statement, docket the case, issue citation, and provide every other ordinary service. A declarant cannot be required to pay costs without an oral evidentiary hearing, with 10 days' notice, and any payment order must be supported by detailed findings that the declarant can afford to pay costs.

The second difference is the absence of a number. Rule 145 sets no income cutoff. The 200 percent figure in the rule describes only the client population of one kind of nonprofit provider in the prima facie evidence list, not a general eligibility line. Evidence is attached if available; the Statement must say the declarant cannot afford costs, and the Statement itself carries the evidence the declarant provides.

The process, step by step

1. Complete the Supreme-Court-approved Statement, sworn before a notary or under penalty of perjury, attaching any available evidence of inability to pay.
2. File it with the clerk. The clerk must provide the form free, must docket the case, issue citation, and provide ordinary services.
3. Payment can be required only on a motion, by the clerk, a court reporter, or a party, with sworn evidence that the Statement was materially false when made or is no longer true because of changed circumstances, or on the court's own initiative. A hearing follows, with 10 days' notice.
4. If the court orders payment, it may order the part of the costs the declarant can afford, or installments. The order must state in conspicuous type that it may be challenged by filing a motion in the court of appeals within 10 days after the order is signed.
5. In justice court, if the judge determines the party is able to afford the fees, the judge must enter a written order listing the reasons, and the party must pay in the time specified or the case will be dismissed without prejudice.

Related guides

The same process in the other states in this family: California, Texas, Florida, New York, Washington, Oregon, Colorado. Compare all seven at Court Fee Waivers by State.

Source

The form, the clerk's duties, the prima facie evidence list, the hearing rule, and the installment and challenge rules on this page come from the Texas Supreme Court order in Misc. Docket No. 26-9080, Texas Rule of Civil Procedure 145, and Rule 510.7 for justice courts, as published by the Texas Judicial Branch. Facts verified 2026-10-27.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your government agency.