This question has been addressed in 1 Texas court opinion:
COA08 — February 11, 2026
After a father filed a Statement of Inability to Afford Payment of Court Costs in a minor's name-change proceeding, the trial court ordered him to pay a $350 filing fee despite the statement being uncontested. The El Paso Court of Appeals reversed the order, analyzing Texas Rule of Civil Procedure 145. The court held that an uncontested Statement of Inability is conclusive as a matter of law and that a trial court abuses its discretion by ordering payment without providing the mandatory ten-day notice and conducting a formal oral evidentiary hearing.
Litigation Takeaway
“Texas Rule of Civil Procedure 145 is a mandatory procedural framework, not a suggestion. A trial court cannot "informally" bypass the requirements for an indigency claim; any order to pay costs must be preceded by a formal motion or inquiry, ten days' notice, and a full evidentiary hearing.”