Bill Text: TX HB4504 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-06-12 - Effective on . . . . . . . . . . . . . . . January 1, 2025 [HB4504 Detail]

Download: Texas-2023-HB4504-Enrolled.html

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H.B. No. 4504

AN ACT
relating to the nonsubstantive revision of certain provisions of
the Code of Criminal Procedure, including conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
CODE OF CRIMINAL PROCEDURE
SECTION 1.001. Title 1, Code of Criminal Procedure, is
amended by adding Chapters 2A, 2B, 13A, 31A, 45A, and 55A to read as follows:
CHAPTER 2A. OFFICERS; POWERS AND DUTIES
SUBCHAPTER A. TYPES OF PEACE OFFICERS
Art. 2A.001. PEACE OFFICERS GENERALLY
Art. 2A.002. SPECIAL INVESTIGATORS
Art. 2A.003. PEACE OFFICERS COMMISSIONED BY TRIBAL
COUNCIL
Art. 2A.004. PEACE OFFICERS FROM ADJOINING STATES
Art. 2A.005. RAILROAD PEACE OFFICERS
Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN
CATTLE RAISERS ASSOCIATION
Art. 2A.007. ADJUNCT POLICE OFFICERS
Art. 2A.008. SCHOOL MARSHALS
SUBCHAPTER B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW
ENFORCEMENT AGENCIES
Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE
OFFICERS
Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES;
CIVIL PENALTY
Art. 2A.053. SUMMONING AID
Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER
Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS
Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT
Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING
ABUSE, NEGLECT, OR EXPLOITATION
Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT
OFFICER
Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY
Art. 2A.060. IMMIGRATION DETAINER REQUESTS
Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS
Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS
IDENTIFICATION
Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE
Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF
DEFENDANTS
Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE
SHERIFF'S DUTIES
Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER
SUBCHAPTER C. ATTORNEYS REPRESENTING STATE
Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING
STATE
Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS
Art. 2A.103. DUTIES OF COUNTY ATTORNEYS
Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY
Art. 2A.105. GROUNDS FOR DISQUALIFICATION
Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF
LAW
Art. 2A.107. RECORDING AND FILING COMPLAINTS
Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN
CASES
Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN
CASES
Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF
CRIMINAL JUSTICE OF CERTAIN INDICTMENTS
Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY
SUBCHAPTER D. MAGISTRATES AND CLERKS
Art. 2A.151. TYPES OF MAGISTRATES
Art. 2A.152. GENERAL DUTIES OF MAGISTRATES
Art. 2A.153. GENERAL DUTIES OF CLERKS
Art. 2A.154. DEPUTY CLERKS
Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS
Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND
CONTRABAND TO LAW ENFORCEMENT
SUBCHAPTER E. REPORTING DUTIES
Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH
CERTAIN OFFENSES INVOLVING SENSITIVE
INFORMATION
Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN
ASSAULTIVE OR TERRORISTIC OFFENSES
Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS
INFORMATION
Art. 2A.204. SHERIFFS: REPORT ON PRISONERS
Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
CONCERNING HUMAN TRAFFICKING CASES
Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR
OFFICER-INVOLVED INJURIES OR DEATHS
Art. 2A.207. LAW ENFORCEMENT AGENCIES: REPORT FOR
CERTAIN INJURIES OR DEATHS OF PEACE
OFFICERS
Art. 2A.208. NOTICE OF VIOLATION OF REPORTING
REQUIREMENTS FOR CERTAIN INJURIES OR
DEATHS; CIVIL PENALTY
Art. 2A.209. DUTIES OF LAW ENFORCEMENT AGENCY FILING
CASE
Art. 2A.210. JUDGES: REPORTING OF CERTAIN ALIENS TO
FEDERAL GOVERNMENT
Art. 2A.211. CLERKS: HATE CRIME REPORTING
Art. 2A.212. CLERKS: WRIT OF ATTACHMENT REPORTING
Art. 2A.213. CLERKS, STATE AGENCIES, AND ATTORNEYS
REPRESENTING STATE: REPORT TO ATTORNEY
GENERAL
CHAPTER 2A. OFFICERS; POWERS AND DUTIES
SUBCHAPTER A. TYPES OF PEACE OFFICERS
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) an apprehension specialist or inspector general
commissioned by the Texas Juvenile Justice Department as an officer
under Section 242.102 or 243.052, Human Resources Code;
(28) an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(33) an investigator commissioned by the Texas
Juvenile Justice Department as an officer under Section 221.011,
Human Resources Code. (Code Crim. Proc., Art. 2.12.)
Art. 2A.002. SPECIAL INVESTIGATORS. (a) The following
criminal investigators of the United States are not peace officers
but have the powers of arrest, search, and seizure under the laws of
this state as to felony offenses only:
(1) a special agent of the Federal Bureau of
Investigation;
(2) a special agent of the Secret Service;
(3) a special agent of United States Immigration and
Customs Enforcement;
(4) a special agent of the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(5) a special agent of the United States Drug
Enforcement Administration;
(6) an inspector of the United States Postal
Inspection Service;
(7) a special agent of the Criminal Investigation
Division of the Internal Revenue Service;
(8) a civilian special agent of the United States
Naval Criminal Investigative Service;
(9) a marshal or deputy marshal of the United States
Marshals Service;
(10) a special agent of the United States Department
of State, Bureau of Diplomatic Security;
(11) a special agent of the Treasury Inspector General
for Tax Administration;
(12) a special agent of the Office of Inspector
General of the United States Social Security Administration;
(13) a special agent of the Office of Inspector
General of the United States Department of Veterans Affairs;
(14) a special agent of the Office of Inspector
General of the United States Department of Agriculture;
(15) a special agent of the Office of Export
Enforcement of the United States Department of Commerce;
(16) a special agent of the Criminal Investigation
Command of the United States Army;
(17) a special agent of the Office of Special
Investigations of the United States Air Force; and
(18) a police officer with the Office of Security and
Law Enforcement of the United States Department of Veterans
Affairs.
(b) An officer or agent designated by the Secretary of
Homeland Security under 40 U.S.C. Section 1315 for duty in
connection with the protection of property owned or occupied by the
federal government and persons on the property is not a peace
officer but has the powers of arrest, search, and seizure as to any
offense under the laws of this state.
(c) A customs and border protection officer or border patrol
agent of United States Customs and Border Protection or an
immigration enforcement agent or deportation officer of the
Department of Homeland Security is not a peace officer under the
laws of this state but, on the premises of a port facility
designated by the commissioner of United States Customs and Border
Protection as a port of entry for arrival in the United States by
land transportation from the United Mexican States into this state
or at a permanent established border patrol traffic checkpoint, has
the authority to detain a person pending transfer without
unnecessary delay to a peace officer if the agent or officer has
probable cause to believe that the person has engaged in conduct
that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal
Code, regardless of whether the violation may be disposed of in a
criminal proceeding or a juvenile justice proceeding.
(d) A commissioned law enforcement officer of the National
Park Service is not a peace officer under the laws of this state but
has the powers of arrest, search, and seizure as to any offense
under the laws of this state committed in a national park or
national recreation area. In this subsection, "national park or
national recreation area" means a national park or national
recreation area included in the National Park System as defined by
54 U.S.C. Section 100102.
(e) A special agent or law enforcement officer of the United
States Forest Service is not a peace officer under the laws of this
state but has the powers of arrest, search, and seizure as to any
offense under the laws of this state committed in the National
Forest System, as that term is defined by 16 U.S.C. Section 1609.
(f) Security personnel working at a commercial nuclear
power plant, including contract security personnel, trained and
qualified under a security plan approved by the United States
Nuclear Regulatory Commission, are not peace officers under the
laws of this state but have the powers of arrest, search, and
seizure, including the powers under Section 9.51, Penal Code, while
in the performance of duties on the premises of a commercial nuclear
power plant site or under an agreement entered into with local law
enforcement regarding areas surrounding the plant site.
(g) In addition to the powers of arrest, search, and seizure
under Subsection (a), a special agent of the Secret Service
protecting or investigating a threat against a person described by
18 U.S.C. Section 3056(a) has the powers of arrest, search, and
seizure as to:
(1) a misdemeanor offense under the laws of this
state; and
(2) any criminal offense under federal law. (Code
Crim. Proc., Art. 2.122.)
Art. 2A.003. PEACE OFFICERS COMMISSIONED BY TRIBAL COUNCIL.
(a) The tribal council of the Alabama-Coushatta Tribe of Texas or
of the Kickapoo Traditional Tribe of Texas may employ and
commission peace officers to enforce state law within the
respective tribe's reservation.
(b) A peace officer commissioned under this article has all
the powers, privileges, and immunities of a peace officer and may:
(1) within the tribe's reservation:
(A) arrest without a warrant in accordance with
Chapter 14 any person who violates a law of the state; and
(B) enforce all traffic laws on streets and
highways; and
(2) outside the tribe's reservation, arrest any person
who violates any law of the state if the officer:
(A) is summoned by another law enforcement agency
to provide assistance; or
(B) is assisting another law enforcement agency.
(c) A peace officer commissioned under this article is not
entitled to state benefits normally provided by the state to a peace
officer.
(d) A peace officer commissioned under this article must
meet:
(1) the minimum standards required of peace officers
by the Texas Commission on Law Enforcement relating to competence,
reliability, education, training, morality, and physical and
mental health; and
(2) all standards for licensing as a peace officer by
the Texas Commission on Law Enforcement.
(e) A peace officer commissioned under this article and
assigned to duty shall:
(1) take and file the oath required of a peace officer;
and
(2) execute and file a good and sufficient bond in the
sum of $1,000, payable to the governor, with two or more good and
sufficient sureties, conditioned that the officer will fairly,
impartially, and faithfully perform the officer's duties as may be
required by law.
(f) The bond required under Subsection (e)(2) may be sued on
in the name of the person injured until the whole amount is
recovered. (Code Crim. Proc., Art. 2.126.)
Art. 2A.004. PEACE OFFICERS FROM ADJOINING STATES. (a) A
commissioned peace officer of a state adjoining this state, while
the officer is in this state, has the same powers, duties, and
immunities as a peace officer of this state who is acting in the
discharge of an official duty, but:
(1) only:
(A) during a time in which the officer has
physical custody of an inmate or criminal defendant and is:
(i) transporting the inmate or defendant
from a county in the adjoining state that is on the border between
the two states to a hospital or other medical facility in a county
in this state that is on the border between the two states; or
(ii) returning the inmate or defendant from
the hospital or facility described by Subparagraph (i) to the
county in the adjoining state from which the inmate or defendant was
transported under that subparagraph; and
(B) to the extent necessary to:
(i) maintain physical custody of an inmate
or criminal defendant while transporting the inmate or defendant;
or
(ii) regain physical custody of an inmate
or criminal defendant if the inmate or defendant escapes while
being transported; or
(2) only while the officer is:
(A) in a municipality some part of the municipal
limits of which are within one mile of the boundary between this
state and the adjoining state; and
(B) regularly assigned to duty in a county,
parish, or municipality that adjoins this state.
(b) A peace officer described by Subsection (a)(2) may also
enforce the ordinances of a municipality in this state described by
that subdivision if the governing body of the municipality
authorizes that enforcement by majority vote at an open meeting.
(Code Crim. Proc., Art. 2.124.)
Art. 2A.005. RAILROAD PEACE OFFICERS. (a) In this article:
(1) "Commission" means the Texas Commission on Law
Enforcement.
(2) "Department" means the Department of Public Safety
of the State of Texas.
(b) The director of the department may appoint not more than
250 railroad peace officers employed by a railroad company to aid
law enforcement agencies in the protection of railroad property and
the persons and property of railroad passengers and employees.
(c) Except as provided by Subsection (d), a railroad peace
officer may make arrests and exercise all authority given peace
officers under this code when necessary to:
(1) prevent or abate the commission of an offense
involving:
(A) injury to passengers or employees of the
railroad; or
(B) damage to railroad property; or
(2) protect railroad property or property in the
custody or control of the railroad.
(d) A railroad peace officer may not issue a traffic
citation for a violation of Chapter 521, Transportation Code, or
Subtitle C, Title 7, Transportation Code.
(e) A railroad peace officer is not entitled to state
benefits normally provided by the state to a peace officer.
(f) A person may not serve as a railroad peace officer for a
railroad company unless:
(1) the Texas Railroad Association submits the
person's application for appointment and licensing as a railroad
peace officer to the director of the department and to the executive
director of the commission;
(2) the director of the department issues the person a
certificate of authority to act as a railroad peace officer;
(3) the executive director of the commission:
(A) determines that the person meets minimum
standards required of peace officers by the commission relating to
competence, reliability, education, training, morality, and
physical and mental health; and
(B) issues the person a license as a railroad
peace officer; and
(4) the person has met all standards for licensing as a
peace officer by the commission.
(g) For good cause, the director of the department may
revoke a certificate of authority issued under this article and the
executive director of the commission may revoke a license issued
under this article.
(h) Termination of employment with a railroad company, or
the revocation of a railroad peace officer license, constitutes an
automatic revocation of a certificate of authority to act as a
railroad peace officer.
(i) A railroad company is liable for any act or omission by a
person serving as a railroad peace officer for the company that
occurs within the scope of the person's employment.
(j) The state or any political subdivision or agency of the
state is not liable for any act or omission by a person appointed as
a railroad peace officer.
(k) A railroad company that employs a railroad peace officer
shall pay all expenses associated with granting or revoking the
certificate of authority to act as a railroad peace officer.
(l) A railroad peace officer who is a member of a railroad
craft may not perform the duties of a member of any other railroad
craft during a strike or labor dispute.
(m) The director of the department and the executive
director of the commission may adopt rules necessary for the
effective administration and performance of the duties delegated to
the director and the executive director by this article. (Code
Crim. Proc., Art. 2.121; New.)
Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN
CATTLE RAISERS ASSOCIATION. (a) In this article:
(1) "Association" means the Texas and Southwestern
Cattle Raisers Association.
(2) "Commission" means the Texas Commission on Law
Enforcement.
(3) "Department" means the Department of Public Safety
of the State of Texas.
(b) The director of the department may appoint not more than
50 special rangers employed by the association to aid law
enforcement agencies in the investigation of the theft of livestock
or related property.
(c) Except as provided by Subsection (d), a special ranger
may make arrests and exercise all authority given peace officers
under this code when necessary to prevent or abate the commission of
an offense involving livestock or related property.
(d) A special ranger may not issue a traffic citation for a
violation of Chapter 521, Transportation Code, or Subtitle C, Title
7, Transportation Code.
(e) A special ranger is not entitled to state benefits
normally provided by the state to a peace officer.
(f) A person may not serve as a special ranger unless:
(1) the association submits the person's application
for appointment and licensing as a special ranger to the director of
the department and to the executive director of the commission;
(2) the director of the department issues the person a
certificate of authority to act as a special ranger;
(3) the executive director of the commission:
(A) determines that the person meets minimum
standards required of peace officers by the commission relating to
competence, reliability, education, training, morality, and
physical and mental health; and
(B) issues the person a license as a special
ranger; and
(4) the person has met all standards for licensing as a
peace officer by the commission.
(g) For good cause, the director of the department may
revoke a certificate of authority issued under this article and the
executive director of the commission may revoke a license issued
under this article.
(h) Termination of employment with the association, or the
revocation of a special ranger license, constitutes an automatic
revocation of a certificate of authority to act as a special ranger.
(i) The association is liable for any act or omission by a
person serving as a special ranger for the association that occurs
within the scope of the person's employment.
(j) The state or any political subdivision or agency of the
state is not liable for any act or omission by a person appointed as
a special ranger.
(k) The association shall pay all expenses associated with
granting or revoking a certificate of authority to act as a special
ranger.
(l) The director of the department and the executive
director of the commission may adopt rules necessary for the
effective administration and performance of the duties delegated to
the director and the executive director by this article. (Code
Crim. Proc., Art. 2.125; New.)
Art. 2A.007. ADJUNCT POLICE OFFICERS. (a) With the consent
of the governing board of a private institution of higher education
located in a county with a population of less than 200,000, the
chief of police of a municipality in that county or the sheriff of
that county, if the institution is outside the corporate limits of a
municipality, that has jurisdiction over the geographical area of
the institution may appoint not more than 50 peace officers
commissioned under Section 51.212, Education Code, and employed by
the institution to serve as adjunct police officers of the
municipality or county, as applicable.
(b) An adjunct police officer appointed under this article:
(1) shall aid law enforcement agencies in the
protection of the municipality or county in the geographical area
designated under Subsection (c);
(2) may make arrests and exercise all authority given
peace officers under this code only within the geographical area
designated under Subsection (c); and
(3) has all the rights, privileges, and immunities of
a peace officer but is not entitled to state compensation and
retirement benefits normally provided by the state to a peace
officer.
(c) A chief of police or sheriff who appoints an adjunct
police officer under this article and the private institution of
higher education at which the officer is employed shall annually
designate by agreement the geographical area in which adjunct
police officers may act as described by Subsection (b). The
geographical area may include only the institution's campus area
and an area that:
(1) is adjacent to the institution's campus;
(2) does not extend more than one mile from the
perimeter of the institution's campus; and
(3) is inhabited primarily by students or employees of
the institution.
(d) A person may not serve as an adjunct police officer for a
municipality or county unless:
(1) the private institution of higher education at
which the person is employed submits the person's application for
appointment and certification as an adjunct police officer to the
applicable chief of police or sheriff;
(2) the chief of police or sheriff to whom the
application under Subdivision (1) was made issues the person a
certificate of authority to act as an adjunct police officer; and
(3) the person undergoes any additional training
required for that person to meet the training standards of the
municipality or county, as applicable, for peace officers employed
by the municipality or county.
(e) A chief of police or sheriff who issues a certificate of
authority under this article may revoke the certificate for good
cause.
(f) A private institution of higher education is liable for
any act or omission by a person employed by the institution while
serving as an adjunct police officer outside of the institution's
campus in the same manner as the municipality or county governing
the applicable geographical area is liable for any act or omission
of a peace officer employed by the municipality or county. This
subsection may not be construed as a limitation on the liability of
a municipality or county for the acts or omissions of a person
serving as an adjunct police officer.
(g) A private institution of higher education that employs
an adjunct police officer shall pay all expenses incurred by the
municipality or county in granting or revoking a certificate of
authority to act as an adjunct police officer under this article.
(h) This article does not affect any duty of the
municipality or county to provide law enforcement services to a
geographical area designated under Subsection (c). (Code Crim.
Proc., Art. 2.123.)
Art. 2A.008. SCHOOL MARSHALS. (a) In this article,
"private school" means a school that:
(1) offers a course of instruction for students in one
or more grades from prekindergarten through grade 12;
(2) is not operated by a governmental entity; and
(3) is not a school whose students are home-schooled
students as defined by Section 29.916, Education Code.
(b) A person may not serve as a school marshal unless the
person is:
(1) licensed under Section 1701.260, Occupations
Code; and
(2) appointed by:
(A) the board of trustees of a school district or
the governing body of an open-enrollment charter school under
Section 37.0811, Education Code;
(B) the governing body of a private school under
Section 37.0813, Education Code; or
(C) the governing board of a public junior
college under Section 51.220, Education Code.
(c) Except as provided by Subsection (d), a school marshal
may:
(1) make arrests and exercise all authority given
peace officers under this code, subject to written regulations
adopted by, as applicable:
(A) the board of trustees of a school district or
the governing body of an open-enrollment charter school under
Section 37.0811, Education Code;
(B) the governing body of a private school under
Section 37.0813, Education Code; or
(C) the governing board of a public junior
college under Section 51.220, Education Code; and
(2) act only as necessary to prevent or abate the
commission of an offense that threatens serious bodily injury to or
the death of a student, faculty member, or visitor on school
premises.
(d) A school marshal may not issue a traffic citation for a
violation of Chapter 521, Transportation Code, or Subtitle C, Title
7, Transportation Code.
(e) A school marshal is not entitled to state benefits
normally provided by the state to a peace officer. (Code Crim.
Proc., Art. 2.127.)
SUBCHAPTER B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW
ENFORCEMENT AGENCIES
Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS.
Each peace officer shall:
(1) preserve the peace within the officer's
jurisdiction using all lawful means;
(2) in every case authorized by this code, interfere
without a warrant to prevent or suppress crime;
(3) execute all lawful process issued to the officer
by a magistrate or court;
(4) give notice to an appropriate magistrate of all
offenses committed in the officer's jurisdiction, where the officer
has good reason to believe there has been a violation of the penal
law;
(5) when authorized by law, arrest an offender without
a warrant so the offender may be taken before the proper magistrate
or court and be tried;
(6) take possession of a child under Article
63.009(g); and
(7) on a request made by the Texas Civil Commitment
Office, execute an emergency detention order issued by that office
under Section 841.0837, Health and Safety Code. (Code Crim. Proc.,
Arts. 2.13(a), (b), (c), (f).)
Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES; CIVIL
PENALTY. (a) In this article:
(1) "Establishment serving the public" means:
(A) a hotel, motel, or other place of lodging;
(B) a restaurant or other place where food is
offered for sale to the public;
(C) a retail business or other commercial
establishment or an office building to which the public is invited;
(D) a sports venue; and
(E) any other place of public accommodation,
amusement, convenience, or resort to which the public or any
classification of persons from the public is regularly, normally,
or customarily invited.
(2) "Sports venue" means an arena, coliseum, stadium,
or other type of area or facility that is primarily used or is
planned for primary use for professional or amateur sports or
athletics events and for which a fee is charged or is planned to be
charged for admission to the sports or athletics events, other than
occasional civic, charitable, or promotional events.
(b) An establishment serving the public may not prohibit or
otherwise restrict a peace officer or special investigator from
carrying on the establishment's premises a weapon that the officer
or investigator is otherwise authorized to carry, regardless of
whether the officer or investigator is engaged in the actual
discharge of the officer's or investigator's duties while carrying
the weapon.
(c) An establishment serving the public that violates this
article is subject to a civil penalty in the amount of $1,000 for
each violation. The attorney general may sue to collect a civil
penalty under this subsection. Money collected under this
subsection shall be deposited in the state treasury to the credit of
the general revenue fund. (Code Crim. Proc., Art. 2.1305.)
Art. 2A.053. SUMMONING AID. (a) A peace officer who meets
resistance while discharging a duty imposed on the officer by law
shall summon a number of residents of the officer's county
sufficient to overcome that resistance.
(b) A person summoned by a peace officer under Subsection
(a) shall obey the officer. (Code Crim. Proc., Art. 2.14.)
Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER. A peace
officer who summons a person to assist the peace officer in
performing any duty shall, if the person refuses, report the person
to the proper district or county attorney for prosecution. (Code
Crim. Proc., Art. 2.15.)
Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS. (a) A
sheriff or other officer who wilfully refuses or neglects to
execute any summons, subpoena, or attachment for a witness or any
other legal process the officer has a duty to execute is liable for
a fine for contempt in an amount in the court's discretion of not
less than $10 or more than $200.
(b) The payment of a fine under Subsection (a) shall be
enforced in the same manner as a fine for contempt in a civil case.
(Code Crim. Proc., Art. 2.16.)
Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT. (a) In
this article, "department" means the Department of Family and
Protective Services.
(b) A peace officer who locates a child or other person
listed on the Texas Crime Information Center's child safety check
alert list established under Section 261.3022, Family Code, shall:
(1) immediately contact the department on the
department's dedicated law-enforcement telephone number for
statewide intake;
(2) request information from the department regarding
the circumstances of the case involving the child or other person;
and
(3) request information from the child and the other
person regarding the child's safety, well-being, and current
residence.
(c) The peace officer may temporarily detain the child or
other person to ensure the safety and well-being of the child.
(d) If the peace officer determines that the circumstances
described by Section 262.104, Family Code, exist, the officer may
take temporary possession of the child without a court order as
provided by that section. If the peace officer does not take
temporary possession of the child, the officer shall obtain the
child's current address and any other relevant information and
report that information to the department.
(e) A peace officer who locates a child or other person
listed on the Texas Crime Information Center's child safety check
alert list and who reports the child's or other person's current
address and other relevant information to the department shall
report to the Texas Crime Information Center that the child or other
person has been located and to whom the child was released, as
applicable. (Code Crim. Proc., Art. 2.272; New.)
Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING
ABUSE, NEGLECT, OR EXPLOITATION. (a) In this article,
"department" means the Department of Family and Protective
Services.
(b) A peace officer from the appropriate local law
enforcement agency shall, on receipt of a report, investigate
jointly with the department or with the agency responsible for
conducting an investigation under Subchapter E, Chapter 261, Family
Code, if the report:
(1) is assigned the highest priority in accordance
with rules adopted by the department under Section 261.301(d),
Family Code; and
(2) alleges an immediate risk of physical or sexual
abuse of a child that could result in the death of or serious harm to
the child by a person responsible for the care, custody, or welfare
of the child.
(c) As soon as possible, but not later than 24 hours, after
being notified by the department of a report described by
Subsection (b), the peace officer shall accompany the department
investigator in initially responding to the report.
(d) On receipt of a report of abuse, neglect, exploitation,
or other complaint of a resident of a nursing home, convalescent
home, or other related institution or an assisted living facility,
under Section 260A.007(c)(1), Health and Safety Code, the
appropriate local law enforcement agency shall investigate the
report as required by Section 260A.017, Health and Safety Code.
(Code Crim. Proc., Arts. 2.27, 2.271; New.)
Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER.
(a) A law enforcement officer who takes possession of a child under
Section 262.104, Family Code, may release the child to:
(1) a residential child-care facility licensed by the
Department of Family and Protective Services under Chapter 42,
Human Resources Code, if the facility is authorized by the
department to take possession of the child;
(2) a juvenile probation department;
(3) the Department of Family and Protective Services;
or
(4) any other person authorized by law to take
possession of the child.
(b) Before a law enforcement officer may release a child to
a person authorized by law to take possession of the child other
than a governmental entity, the officer must:
(1) verify with the National Crime Information Center
that the child is not a missing child;
(2) search the relevant databases of the National
Crime Information Center system, including those pertaining to
protection orders, historical protection orders, warrants, sex
offender registries, and persons on supervised release to:
(A) verify that the person to whom the child is
being released:
(i) does not have a protective order issued
against the person; and
(ii) is not registered as a sex offender
unless the person is the child's parent or guardian and there are no
restrictions regarding the person's contact with the child; and
(B) obtain any other information the Department
of Family and Protective Services considers:
(i) relevant to protect the welfare of the
child; or
(ii) reflective of the responsibility of
the person to whom the child is being released;
(3) call the Department of Family and Protective
Services Texas Abuse Hotline to determine whether the person to
whom the child is being released is listed in the registry as a
person who abused or neglected a child;
(4) verify that the person to whom the child is being
released is at least 18 years of age; and
(5) maintain a record regarding the child's placement,
including:
(A) identifying information about the child,
including the child's name or pseudonyms; and
(B) the name and address of the person to whom the
child is being released. (Code Crim. Proc., Art. 2.273.)
Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY.
(a) Subject to Subsection (b), in the course of investigating an
alleged criminal offense, a peace officer may inquire as to the
nationality or immigration status of a victim of or witness to the
offense only if the officer determines that the inquiry is
necessary to:
(1) investigate the offense; or
(2) provide the victim or witness with information
about federal visas designed to protect individuals providing
assistance to law enforcement.
(b) Subsection (a) does not prevent a peace officer from:
(1) conducting a separate investigation of any other
alleged criminal offense; or
(2) inquiring as to the nationality or immigration
status of a victim of or witness to a criminal offense if the
officer has probable cause to believe that the victim or witness has
engaged in specific conduct constituting a separate criminal
offense. (Code Crim. Proc., Arts. 2.13(d), (e).)
Art. 2A.060. IMMIGRATION DETAINER REQUESTS. (a) A law
enforcement agency that has custody of a person subject to an
immigration detainer request issued by United States Immigration
and Customs Enforcement shall:
(1) comply with, honor, and fulfill any request made
in the detainer request provided by the federal government; and
(2) inform the person that the person is being held
pursuant to an immigration detainer request issued by United States
Immigration and Customs Enforcement.
(b) A law enforcement agency is not required to perform a
duty imposed by Subsection (a) with respect to a person who has
provided proof that the person is a citizen of the United States or
that the person has lawful immigration status in the United States,
such as a Texas driver's license or similar government-issued
identification. (Code Crim. Proc., Art. 2.251.)
Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS. On receiving
information that a person's identifying information was falsely
given by an arrested person as the arrested person's identifying
information, the local law enforcement agency responsible for
collecting identifying information on arrested persons in the
county in which the arrest was made shall:
(1) notify the person that:
(A) the person's identifying information was
misused by another person arrested in the county;
(B) the person may file a declaration with the
Department of Public Safety under Section 411.0421, Government
Code; and
(C) the person is entitled to expunction of
information contained in criminal records and files under Chapter
55A; and
(2) notify the Department of Public Safety regarding:
(A) the misuse of the identifying information;
(B) the actual identity of the person arrested,
if known by the agency; and
(C) whether the agency was able to notify the
person whose identifying information was misused. (Code Crim.
Proc., Art. 2.28.)
Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS
IDENTIFICATION. (a) In this article, "law enforcement agency"
means an agency of the state or of a political subdivision of the
state authorized by law to employ peace officers.
(b) The Texas Commission on Law Enforcement shall establish
a comprehensive education and training program on eyewitness
identification, including material regarding:
(1) variables that affect a witness's vision and
memory;
(2) practices for minimizing contamination; and
(3) effective eyewitness identification protocols.
(c) Each law enforcement agency shall require each peace
officer who is employed by the agency and who performs eyewitness
identification procedures to complete the education and training
described by Subsection (b). (Code Crim. Proc., Art. 2.1386.)
Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE. A sheriff
is a conservator of the peace in the sheriff's county and shall:
(1) arrest each person who commits an offense in the
view or hearing of the sheriff and take the offender before the
proper court for examination or trial;
(2) suppress all assaults, affrays, insurrections,
and unlawful assemblies; and
(3) apprehend and commit to jail each person who
commits an offense until an examination or trial can be held. (Code
Crim. Proc., Art. 2.17.)
Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF
DEFENDANTS. (a) Except as provided by Subsection (b), a sheriff
shall place in jail a defendant committed to jail by a warrant from
a magistrate or court.
(b) A sheriff may permit a defendant committed to jail by a
warrant from a magistrate or court to remain out of jail for a
reasonable time to procure bail if the defendant:
(1) was committed for want of bail; or
(2) was arrested in a bailable case.
(c) A sheriff shall guard a defendant permitted to remain
out of jail under Subsection (b) to prevent escape. (Code Crim.
Proc., Art. 2.18.)
Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE SHERIFF'S
DUTIES. (a) A sheriff's deputy may perform any duty imposed on the
sheriff under this code.
(b) If there is no sheriff in a county, the duties of the
sheriff's office relating to criminal law are conferred on the
officer empowered under law to discharge the duties of that office
when the office is vacant. (Code Crim. Proc., Art. 2.20.)
Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER. (a) A
jailer licensed under Chapter 1701, Occupations Code, who has
successfully completed a training program provided by the sheriff
may execute lawful process issued to the jailer by any magistrate or
court on a person confined in the jail at which the jailer is
employed to the same extent that a peace officer is authorized to
execute process under Article 2A.051(3), including:
(1) a warrant under Chapter 15, 17, or 18;
(2) a capias under Chapter 17 or 23;
(3) a subpoena under Chapter 20A or 24; or
(4) an attachment under Chapter 20A or 24.
(b) A jailer licensed under Chapter 1701, Occupations Code,
may execute lawful process issued to the jailer by any magistrate or
court on a person confined in the jail at which the jailer is
employed to the same extent that a peace officer is authorized to
execute process under Article 2A.051(3), including:
(1) a warrant under Chapter 15, 17, or 18;
(2) a capias under Chapter 17 or 23;
(3) a subpoena under Chapter 20A or 24; or
(4) an attachment under Chapter 20A or 24. (Code Crim.
Proc., Art. 2.31, as added Acts 82nd Leg., R.S., Chs. 176, 1341.)
SUBCHAPTER C. ATTORNEYS REPRESENTING STATE
Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING
STATE. (a) The primary duty of an attorney representing the state,
including a special prosecutor, is not to convict but to see that
justice is done.
(b) An attorney representing the state, including a special
prosecutor, may not suppress facts or conceal witnesses capable of
establishing the innocence of the defendant. (Code Crim. Proc.,
Art. 2.01 (part).)
Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS. (a) Each
district attorney shall represent the state in all criminal cases
in the district courts of the attorney's district and in appeals
from those cases.
(b) Unless prevented by other official duties, a district
attorney shall represent the state in any criminal proceeding
before an examining court in the attorney's district or before a
judge on habeas corpus, if the attorney is:
(1) notified of the proceeding; and
(2) in the attorney's district at the time. (Code
Crim. Proc., Art. 2.01 (part).)
Art. 2A.103. DUTIES OF COUNTY ATTORNEYS. (a) Each county
attorney shall attend the terms of court for trial courts other than
district courts in the attorney's county and represent the state in
all criminal cases under examination or prosecution in that county.
(b) In the absence of the district attorney, the county
attorney shall represent the state alone and, when requested by the
district attorney, shall aid the district attorney in prosecuting a
case in behalf of the state in district court.
(c) The county attorney shall represent the state in the
appeal of a case prosecuted by the county attorney. (Code Crim.
Proc., Art. 2.02.)
Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY. (a) In
this article, "attorney representing the state" means a county
attorney with criminal jurisdiction, a district attorney, or a
criminal district attorney.
(b) If an attorney representing the state is disqualified to
act in any case or proceeding, is absent from the county or
district, or is otherwise unable to perform the duties of the
attorney's office, or if there is no attorney representing the
state, the judge of the court in which the attorney represents the
state may appoint to perform the duties of the attorney's office
during the attorney's absence or disqualification:
(1) an attorney representing the state from any county
or district; or
(2) an assistant attorney general.
(c) An attorney representing the state who is not
disqualified to act may request the court to permit the attorney's
recusal in a case for good cause, and on approval by the court, the
attorney is disqualified.
(d) Except as otherwise provided by this subsection, the
duties of the office appointed under Subsection (b) are additional
duties of the appointed attorney's present office, and the attorney
is not entitled to additional compensation. This subsection does
not prevent a commissioners court of a county from contracting with
another commissioners court to pay expenses and reimburse
compensation paid by a county to an attorney who is appointed to
perform additional duties. (Code Crim. Proc., Art. 2.07.)
Art. 2A.105. GROUNDS FOR DISQUALIFICATION. (a) A district
attorney may not represent the state in a criminal case in which the
attorney has been, before the attorney's election, employed
adversely to the state.
(b) A district or county attorney may not:
(1) be of counsel adversely to the state in any case in
any court; or
(2) after the attorney ceases to be a district or
county attorney, be of counsel adversely to the state in any case in
which the attorney has been of counsel for the state.
(c) A judge of a court in which a district or county attorney
represents the state shall declare the attorney disqualified for
purposes of Article 2A.104 on a showing that the attorney is the
subject of a criminal investigation by a law enforcement agency if
that investigation is based on credible evidence of criminal
misconduct for an offense that is within the attorney's authority
to prosecute. A disqualification under this subsection applies
only to the attorney's access to the criminal investigation pending
against the attorney and to any prosecution of a criminal charge
resulting from that investigation. (Code Crim. Proc., Arts. 2.01
(part), 2.08.)
Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF LAW.
(a) An attorney representing the state shall present to the court
with jurisdiction an information charging an officer with neglect
or failure of duty if:
(1) the attorney learns that the officer has neglected
or failed to perform a duty imposed on the officer; and
(2) the neglect or failure of duty can be presented by
information.
(b) An attorney representing the state shall notify the
grand jury of any act that violated the law or any neglect or
failure of duty by an officer if:
(1) the attorney learns that the officer has in act
violated a law or neglected or failed to perform a duty; and
(2) the act that violated the law or the neglect or
failure of duty cannot be presented by information. (Code Crim.
Proc., Art. 2.03(a).)
Art. 2A.107. RECORDING AND FILING COMPLAINTS. (a) If a
complaint is made before a district or county attorney that an
offense has been committed in the attorney's district or county, as
applicable, the attorney shall:
(1) reduce the complaint to writing;
(2) cause the complaint to be signed and sworn to by
the complainant;
(3) attest the complaint; and
(4) as applicable:
(A) if the offense is a misdemeanor and except as
provided by Subsection (b), immediately prepare an information
based on the complaint and file the information in the court having
jurisdiction; or
(B) if the offense is a felony, immediately file
the complaint with a magistrate of the county.
(b) In a county that does not have a county attorney or a
criminal district court, a misdemeanor case may be tried based on
complaint alone without an information.
(c) For purposes of fulfilling the duties under this
article, a district or county attorney may administer oaths. (Code
Crim. Proc., Arts. 2.04, 2.05, 2.06.)
Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN
CASES. (a) In this article, "assistance" includes investigative,
technical, and litigation assistance.
(b) The attorney general may offer to a county or district
attorney the assistance of the attorney general's office in the
prosecution of an offense described by Article 66.102(h) the victim
of which is younger than 17 years of age at the time the offense is
committed.
(c) On request of a county or district attorney, the
attorney general shall assist in the prosecution of an offense
described by Subsection (b). (Code Crim. Proc., Art. 2.021.)
Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN CASES.
The attorney representing the state may request the Texas Rangers
division of the Department of Public Safety to provide assistance,
including investigative, technical, and administrative assistance,
to a local law enforcement agency investigating an offense that:
(1) is alleged to have been committed by an elected
officer of the political subdivision served by the local law
enforcement agency; and
(2) on conviction or adjudication, would subject the
elected officer to registration as a sex offender under Chapter 62.
(Code Crim. Proc., Art. 2.022.)
Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL
JUSTICE OF CERTAIN INDICTMENTS. (a) This article applies only to a
defendant who, in connection with a previous conviction for an
offense listed in Article 42A.054(a) or for which the judgment
contains an affirmative finding under Article 42A.054(c) or (d):
(1) received a sentence that included imprisonment at
a facility operated by or under contract with the Texas Department
of Criminal Justice; and
(2) was subsequently released from the imprisonment,
including a release on parole, to mandatory supervision, or
following discharge of the defendant's sentence.
(b) Not later than the 10th day after the date that a
defendant described by Subsection (a) is indicted for an offense
listed in Article 42A.054(a), the attorney representing the state
shall notify an officer designated by the Texas Department of
Criminal Justice of the offense charged in the indictment. (Code
Crim. Proc., Art. 2.023.)
Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY. (a) In
this article:
(1) "Attorney representing the state" means a district
attorney, a criminal district attorney, or a county attorney with
criminal jurisdiction.
(2) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(b) An attorney representing the state shall track:
(1) the use of testimony of a person to whom a
defendant made a statement against the defendant's interest while
the person was imprisoned or confined in the same correctional
facility as the defendant, if known by the attorney representing
the state, regardless of whether the testimony is presented at
trial; and
(2) any benefits offered or provided to a person in
exchange for testimony described by Subdivision (1). (Code Crim.
Proc., Art. 2.024.)
SUBCHAPTER D. MAGISTRATES AND CLERKS
Art. 2A.151. TYPES OF MAGISTRATES. The following officers
are magistrates for purposes of this code:
(1) a justice of the supreme court;
(2) a judge of the court of criminal appeals;
(3) a justice of the courts of appeals;
(4) a judge of a district court;
(5) an associate judge appointed by:
(A) a judge of a district court or a statutory
county court that gives preference to criminal cases in Jefferson
County;
(B) a judge of a district court or a statutory
county court of Brazos County, Nueces County, or Williamson County;
or
(C) a judge of a district court under Chapter
54A, Government Code;
(6) a criminal magistrate appointed by:
(A) the Brazoria County Commissioners Court; or
(B) the Burnet County Commissioners Court;
(7) a criminal law hearing officer for:
(A) Harris County appointed under Subchapter L,
Chapter 54, Government Code; or
(B) Cameron County appointed under Subchapter
BB, Chapter 54, Government Code;
(8) a magistrate appointed:
(A) by a judge of a district court of Bexar
County, Dallas County, or Tarrant County that gives preference to
criminal cases;
(B) by a judge of a criminal district court of
Dallas County or Tarrant County;
(C) by a judge of a district court or statutory
county court that gives preference to criminal cases in Travis
County;
(D) by the El Paso Council of Judges;
(E) by the Fort Bend County Commissioners Court;
(F) by the Collin County Commissioners Court; or
(G) under Subchapter JJ, Chapter 54, Government
Code;
(9) a magistrate or associate judge appointed by a
judge of a district court of Lubbock County, Nolan County, or Webb
County;
(10) a county judge;
(11) a judge of:
(A) a statutory county court;
(B) a county criminal court; or
(C) a statutory probate court;
(12) an associate judge appointed by a judge of a
statutory probate court under Chapter 54A, Government Code;
(13) a justice of the peace; and
(14) a mayor or recorder of a municipality or a judge
of a municipal court. (Code Crim. Proc., Art. 2.09.)
Art. 2A.152. GENERAL DUTIES OF MAGISTRATES. Each
magistrate shall:
(1) preserve the peace within the magistrate's
jurisdiction using all lawful means;
(2) issue all process intended to aid in preventing
and suppressing crime; and
(3) cause the arrest of offenders using lawful means
so that the offenders may be brought to punishment. (Code Crim.
Proc., Art. 2.10.)
Art. 2A.153. GENERAL DUTIES OF CLERKS. (a) In this
article, "digital multimedia evidence" means evidence stored or
transmitted in a binary form and includes data representing
documents, audio, video metadata, and any other information
attached to a digital file.
(b) In a criminal proceeding, the clerk of a district or
county court shall:
(1) receive and file all papers;
(2) receive all exhibits at the conclusion of the
proceeding;
(3) issue all process;
(4) accept and file electronic documents received from
the defendant, if the clerk accepts electronic documents from an
attorney representing the state;
(5) accept and file digital multimedia evidence
received from the defendant, if the clerk accepts digital
multimedia evidence from an attorney representing the state; and
(6) perform all other duties imposed on the clerk by
law.
(c) A district clerk is exempt from the requirements of
Subsections (b)(4) and (5) if the electronic filing system used by
the clerk for accepting electronic documents or electronic digital
media from an attorney representing the state does not have the
capability of accepting electronic filings from a defendant and the
system was established or procured before June 1, 2009. The
exemption provided by this subsection no longer applies to an
electronic filing system described by this subsection that is
substantially upgraded or is replaced with a new system. (Code
Crim. Proc., Arts. 2.21(a), (a-1), (k).)
Art. 2A.154. DEPUTY CLERKS. A deputy clerk of a district or
county court may perform any duty imposed on the clerk of that
court. (Code Crim. Proc., Art. 2.22.)
Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS. (a) In
this article, "eligible exhibit" means an exhibit filed with the
clerk of a court that:
(1) is not a firearm or contraband;
(2) has not been ordered by the court to be returned to
its owner; and
(3) is not an exhibit in another pending criminal
action.
(b) An eligible exhibit may be disposed of as provided by
this article:
(1) on or after the first anniversary of the date on
which a conviction becomes final in the case, if the case is a
misdemeanor or a felony for which the sentence imposed by the court
is five years or less;
(2) on or after the second anniversary of the date on
which a conviction becomes final in the case, if the case is a
noncapital felony for which the sentence imposed by the court is
greater than five years;
(3) on or after the first anniversary of the date of
the acquittal of the defendant; or
(4) on or after the first anniversary of the date of
the death of the defendant.
(c) Subject to Subsections (d), (e), and (f), a clerk may
dispose of an eligible exhibit, including by delivery of the
exhibit to the county purchasing agent for disposal as surplus or
salvage property under Section 263.152, Local Government Code, if
on the date provided by Subsection (b) the clerk has not received a
request for the exhibit from either the attorney representing the
state in the case or the attorney representing the defendant.
(d) Before a clerk in a county with a population of less than
two million disposes of an eligible exhibit, the clerk must provide
written notice by mail to the attorney representing the state in the
case and the attorney representing the defendant. The notice must:
(1) describe the exhibit;
(2) include the name and address of the court holding
the exhibit; and
(3) state that the exhibit will be disposed of unless a
written request is received by the clerk before the 31st day after
the date of notice.
(e) If a request is not received by a clerk to whom
Subsection (d) applies before the 31st day after the date of notice,
the clerk may dispose of the eligible exhibit in the manner
permitted by this article.
(f) If a request is timely received, the clerk shall deliver
the eligible exhibit to the person making the request if the court
determines the requestor is the owner of the exhibit.
(g) Notwithstanding Section 263.156, Local Government Code,
or any other law, the commissioners court shall remit 50 percent of
any proceeds of the disposal of an eligible exhibit as surplus or
salvage property as described by Subsection (c), less the
reasonable expense of keeping the exhibit before disposal and the
costs of that disposal, to each of the following:
(1) the county treasury, to be used only to defray the
costs incurred by the district clerk of the county for the
management, maintenance, or destruction of eligible exhibits in the
county; and
(2) the state treasury to the credit of the
compensation to victims of crime fund established under Subchapter
J, Chapter 56B. (Code Crim. Proc., Arts. 2.21(d), (e), (f), (f-1),
(g), (h), (i), (j).)
Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND
CONTRABAND TO LAW ENFORCEMENT. (a) At any time during or after a
criminal proceeding, the court reporter shall release for
safekeeping any firearm or contraband received as an exhibit in
that proceeding to:
(1) the sheriff; or
(2) in a county with a population of 500,000 or more,
the law enforcement agency that collected, seized, or took
possession of the firearm or contraband or produced the firearm or
contraband at the proceeding.
(b) The sheriff or the law enforcement agency, as
applicable, shall receive and hold the exhibits released under
Subsection (a) and:
(1) release the exhibits only to a person authorized
by the court in which those exhibits have been received; or
(2) dispose of the exhibits as provided by Chapter 18.
(Code Crim. Proc., Arts. 2.21(b), (c).)
SUBCHAPTER E. REPORTING DUTIES
Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH
CERTAIN OFFENSES INVOLVING SENSITIVE INFORMATION. (a) A peace
officer to whom an alleged violation of Section 31.17 or 32.51,
Penal Code, is reported shall make to the law enforcement agency
that employs the officer a written report that includes:
(1) the name of the victim;
(2) the name of the suspect, if known;
(3) as applicable, either:
(A) the type of financial sight order or payment
card information obtained or transferred in violation of Section
31.17, Penal Code; or
(B) the type of identifying information
obtained, possessed, transferred, or used in violation of Section
32.51, Penal Code; and
(4) the results of any investigation.
(b) On the victim's request, the law enforcement agency
shall provide the report made under Subsection (a) to the victim.
In providing the report, the law enforcement agency shall redact
any otherwise confidential information that is included in the
report, other than the information described by Subsection (a).
(Code Crim. Proc., Arts. 2.29, 2.295.)
Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN
ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only
to the following offenses:
(1) assault under Section 22.01, Penal Code;
(2) aggravated assault under Section 22.02, Penal
Code;
(3) sexual assault under Section 22.011, Penal Code;
(4) aggravated sexual assault under Section 22.021,
Penal Code; and
(5) terroristic threat under Section 22.07, Penal
Code.
(b) A peace officer who investigates the alleged commission
of an offense to which Subsection (a) applies shall prepare a
written report that includes the information required under Article
5.05(a).
(c) On request of a victim of an offense to which Subsection
(a) applies, the local law enforcement agency responsible for
investigating the commission of the offense shall provide to the
victim, at no cost to the victim, any information contained in the
written report prepared under Subsection (b) that is:
(1) described by Article 5.05(a)(1) or (2); and
(2) not exempt from disclosure under Chapter 552,
Government Code, or other law. (Code Crim. Proc., Art. 2.30.)
Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS
INFORMATION. Not later than the 30th day after the date a court
clerk issues a warrant or capias, the sheriff:
(1) shall report to the National Crime Information
Center each warrant or capias issued for a defendant charged with a
felony who fails to appear in court when summoned; and
(2) may report to the National Crime Information
Center each warrant or capias issued for a defendant charged with a
misdemeanor other than a Class C misdemeanor who fails to appear in
court when summoned. (Code Crim. Proc., Art. 2.195.)
Art. 2A.204. SHERIFFS: REPORT ON PRISONERS. On the first
day of each month, the sheriff shall give written notice to the
district or county attorney, as applicable, of each prisoner in the
sheriff's custody, including:
(1) the name of each prisoner; and
(2) the authority under which the sheriff detains the
prisoner. (Code Crim. Proc., Art. 2.19.)
Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
CONCERNING HUMAN TRAFFICKING CASES. (a) This article applies only
to:
(1) a municipal police department, sheriff's
department, constable's office, county attorney's office, district
attorney's office, and criminal district attorney's office, as
applicable, in a county with a population of more than 50,000; and
(2) the Department of Public Safety.
(b) An entity to which this article applies that
investigates the alleged commission of an offense under Chapter
20A, Penal Code, or the alleged commission of an offense under
Chapter 43, Penal Code, that may involve human trafficking, shall
submit to the attorney general a report in the manner and form
prescribed by the attorney general containing the following
information:
(1) the offense being investigated, including a brief
description of the alleged prohibited conduct;
(2) regarding each person suspected of committing the
offense and each victim of the offense, as applicable:
(A) the person's:
(i) age;
(ii) gender; and
(iii) race or ethnicity, as defined by
Article 2B.0051; and
(B) the case number associated with the offense
and with the person suspected of committing the offense;
(3) the date, time, and location of the alleged
offense;
(4) the type of human trafficking involved, including:
(A) forced labor or services, as defined by
Section 20A.01, Penal Code;
(B) causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
20A.02(a)(3), Penal Code; or
(C) causing a child victim by any means to engage
in, or become the victim of, prohibited conduct involving one or
more sexual activities, including conduct described by Section
20A.02(a)(7), Penal Code;
(5) if available, information regarding any victims'
service organization or program to which the victim was referred as
part of the investigation; and
(6) the disposition of the investigation, if any,
regardless of the manner of disposition.
(c) An attorney representing the state who prosecutes the
alleged commission of an offense under Chapter 20A, Penal Code, or
the alleged commission of an offense under Chapter 43, Penal Code,
that may involve human trafficking, shall submit to the attorney
general the following information:
(1) the offense being prosecuted, including a brief
description of the alleged prohibited conduct;
(2) any other charged offense that is part of the same
criminal episode out of which the offense described by Subdivision
(1) arose;
(3) the information described by Subsections (b)(2),
(3), (4), and (5); and
(4) the disposition of the prosecution, regardless of
the manner of disposition.
(d) The attorney general may enter into a contract with a
university that provides for the university's assistance in the
collection and analysis of information received under this article.
(e) In consultation with the entities described by
Subsection (a), the attorney general shall adopt rules to
administer this article, including rules prescribing:
(1) the form and manner of submission of a report
required by Subsection (b) or (c); and
(2) additional information to include in a report
required by Subsection (b) or (c). (Code Crim. Proc., Art. 2.305.)
Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR
OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article:
(1) "Deadly weapon" means:
(A) a firearm or any object manifestly designed,
made, or adapted for the purpose of inflicting death or serious
bodily injury; or
(B) any object that in the manner of its use or
intended use is capable of causing death or serious bodily injury.
(2) "Officer-involved injury or death" means an
incident during which a peace officer discharges a firearm causing
injury or death to another.
(b) The attorney general by rule shall create a written and
electronic form for the reporting by law enforcement agencies of an
officer-involved injury or death. The form must include spaces to
report only the following information:
(1) the date the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each injured or deceased person involved in the incident;
(5) whether the person was injured or died as a result
of the incident;
(6) whether each injured or deceased person used,
exhibited, or was carrying a deadly weapon during the incident;
(7) whether each peace officer involved in the
incident was on duty during the incident;
(8) whether each peace officer involved in the
incident was responding to an emergency call or a request for
assistance and, if so, whether the officer responded to that call or
request with one or more other peace officers; and
(9) whether the incident occurred during or as a
result of:
(A) the execution of a warrant; or
(B) a hostage, barricade, or other emergency
situation.
(c) Not later than the 30th day after the date of an
officer-involved injury or death, the law enforcement agency
employing an officer involved in the incident shall complete and
submit a written or electronic report, using the form created under
Subsection (b), to the attorney general. The report must include
all information described in Subsection (b).
(d) Not later than the fifth day after the date of receipt of
a report submitted under Subsection (c), the attorney general shall
post a copy of the report on the attorney general's Internet
website.
(e) Not later than March 1 of each year, the attorney
general shall submit a report regarding all officer-involved
injuries or deaths that occurred during the preceding year to the
governor and the standing legislative committees with primary
jurisdiction over criminal justice matters. The report must
include:
(1) the total number of officer-involved injuries or
deaths;
(2) a summary of the reports submitted to the attorney
general under this article; and
(3) a copy of each report submitted to the attorney
general under this article. (Code Crim. Proc., Art. 2.139.)
Art. 2A.207. LAW ENFORCEMENT AGENCIES: REPORT FOR CERTAIN
INJURIES OR DEATHS OF PEACE OFFICERS. (a) The attorney general by
rule shall create a written and electronic form for the reporting by
law enforcement agencies of an incident in which a person who is not
a peace officer discharges a firearm and causes injury or death to a
peace officer who is performing an official duty. The form must
include spaces to report only the following information:
(1) the date the incident occurred;
(2) the location where the incident occurred;
(3) the age, gender, and race or ethnicity of each
injured or deceased peace officer involved in the incident;
(4) if known, the age, gender, and race or ethnicity of
each person who discharged a firearm and caused injury or death to a
peace officer involved in the incident; and
(5) whether the officer or any other person was
injured or died as a result of the incident.
(b) Not later than the 30th day after the date of the
occurrence of an incident described by Subsection (a), the law
enforcement agency employing the injured or deceased officer at the
time of the incident shall complete and submit a written or
electronic report, using the form created under that subsection, to
the attorney general. The report must include all information
described in Subsection (a).
(c) Not later than March 1 of each year, the attorney
general shall submit a report regarding all incidents described by
Subsection (a) that occurred during the preceding year to the
governor and the standing legislative committees with primary
jurisdiction over criminal justice matters. The report must
include:
(1) the total number of incidents that occurred;
(2) a summary of the reports submitted to the attorney
general under this article; and
(3) a copy of each report submitted to the attorney
general under this article. (Code Crim. Proc., Art. 2.1395.)
Art. 2A.208. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS
FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. (a) The attorney
general shall conduct an investigation after receiving a written
and signed report, on a form prescribed by the attorney general,
asserting that a law enforcement agency failed to submit a report
required by Article 2A.206 or 2A.207. If the attorney general
determines that the law enforcement agency failed to submit the
report, the attorney general shall provide notice of the failure to
the agency. The notice must summarize the applicable reporting
requirement and state that the agency may be subject to a civil
penalty as provided by Subsection (b) or (c), as applicable.
(b) Except as provided by Subsection (c), a law enforcement
agency that fails to submit the required report on or before the
seventh day after the date of receiving notice under Subsection (a)
is liable for a civil penalty in the amount of $1,000 for each day
after the seventh day that the agency fails to submit the report.
(c) Beginning on the day after the date of receiving notice
under Subsection (a), a law enforcement agency that, in the
five-year period preceding the date the agency received the notice,
has been liable for a civil penalty under Subsection (b) or this
subsection is liable for a civil penalty for each day the agency
fails to submit the required report. The amount of a civil penalty
under this subsection is $10,000 for the first day and $1,000 for
each additional day that the agency fails to submit the report.
(d) The attorney general may sue to collect a civil penalty
under this article.
(e) A civil penalty collected under this article shall be
deposited to the credit of the compensation to victims of crime fund
established under Subchapter J, Chapter 56B. (Code Crim. Proc.,
Art. 2.13951.)
Art. 2A.209. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE.
(a) In this article:
(1) "Attorney representing the state" means an
attorney authorized by law to represent the state in a criminal
case, including a district attorney, criminal district attorney, or
county attorney with criminal jurisdiction. The term does not
include an attorney representing the state in a justice or
municipal court under Chapter 45.
(2) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(b) A law enforcement agency filing a case with an attorney
representing the state shall submit to the attorney representing
the state a written statement by an agency employee with knowledge
of the case acknowledging that all documents, items, and
information in the possession of the agency that are required to be
disclosed to the defendant in the case under Article 39.14 have been
disclosed to the attorney representing the state.
(c) If at any time after a case is filed with an attorney
representing the state the law enforcement agency discovers or
acquires any additional document, item, or information required to
be disclosed to the defendant under Article 39.14, an agency
employee shall promptly disclose the document, item, or information
to the attorney representing the state. (Code Crim. Proc., Art.
2.1397.)
Art. 2A.210. JUDGES: REPORTING OF CERTAIN ALIENS TO FEDERAL
GOVERNMENT. A judge shall report to United States Immigration and
Customs Enforcement a person who:
(1) has been convicted of an offense or placed on
deferred adjudication community supervision for a felony in the
judge's court; and
(2) is an illegal criminal alien as defined by Section
493.015, Government Code. (Code Crim. Proc., Art. 2.25.)
Art. 2A.211. CLERKS: HATE CRIME REPORTING. (a) The clerk
of a district or county court in which an affirmative finding under
Article 42.014 is requested shall report that request to the Texas
Judicial Council, along with a statement as to whether the request
was granted by the court and, if so, whether the affirmative finding
was entered in the judgment in the case.
(b) The clerk shall make the report required by Subsection
(a) not later than the 30th day after the date the judgment is
entered in the case. (Code Crim. Proc., Art. 2.211.)
Art. 2A.212. CLERKS: WRIT OF ATTACHMENT REPORTING. Not
later than the 30th day after the date a writ of attachment is
issued in a district court, statutory county court, or county
court, the clerk of the court shall report to the Texas Judicial
Council:
(1) the date the attachment was issued;
(2) whether the attachment was issued in connection
with a grand jury investigation, criminal trial, or other criminal
proceeding;
(3) the name of the person requesting and of the judge
issuing the attachment; and
(4) the statutory authority under which the attachment
was issued. (Code Crim. Proc., Art. 2.212.)
Art. 2A.213. CLERKS, STATE AGENCIES, AND ATTORNEYS
REPRESENTING STATE: REPORT TO ATTORNEY GENERAL. (a) On written
request by the attorney general, the clerk of a district or county
court shall report to the attorney general information in court
records that relates to a criminal matter, including information
requested for purposes of federal habeas review. The clerk shall
provide the report:
(1) not later than the 10th day after the date the
request is received; and
(2) in the form prescribed by the attorney general.
(b) On written request by the attorney general, a state
agency or the office of an attorney representing the state shall
provide to the attorney general any record that is needed for
purposes of federal habeas review. The agency or office shall
provide the record:
(1) not later than the 10th day after the date the
request is received; and
(2) in the form prescribed by the attorney general.
(c) A district court, county court, state agency, or office
of an attorney representing the state may not restrict or delay the
reproduction or delivery of a record requested by the attorney general under this article. (Code Crim. Proc., Art. 2.23.)
CHAPTER 2B. LAW ENFORCEMENT INTERACTIONS WITH PUBLIC
SUBCHAPTER A. GENERAL PROVISIONS
Art. 2B.0001. DEFINITIONS
SUBCHAPTER B. RACIAL PROFILING; MOTOR VEHICLE STOPS
Art. 2B.0051. DEFINITIONS
Art. 2B.0052. RACIAL PROFILING PROHIBITED
Art. 2B.0053. LAW ENFORCEMENT POLICY ON RACIAL
PROFILING
Art. 2B.0054. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS
Art. 2B.0055. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED
Art. 2B.0056. PRIMA FACIE EVIDENCE
Art. 2B.0057. LIABILITY
Art. 2B.0058. CIVIL PENALTY
Art. 2B.0059. RULES
SUBCHAPTER C. BODY WORN CAMERA PROGRAM
Art. 2B.0101. DEFINITIONS
Art. 2B.0102. GRANTS FOR BODY WORN CAMERAS
Art. 2B.0103. GRANTS FOR BODY WORN CAMERA DATA STORAGE
Art. 2B.0104. REPORTING
Art. 2B.0105. INTERAGENCY OR INTERLOCAL CONTRACTS
Art. 2B.0106. BODY WORN CAMERA POLICY
Art. 2B.0107. TRAINING
Art. 2B.0108. RECORDING INTERACTIONS WITH PUBLIC
Art. 2B.0109. USE OF PERSONAL EQUIPMENT
Art. 2B.0110. OFFENSE
Art. 2B.0111. RECORDINGS AS EVIDENCE
Art. 2B.0112. RELEASE OF INFORMATION RECORDED BY BODY
WORN CAMERA
Art. 2B.0113. BODY WORN CAMERA RECORDINGS; REQUEST FOR
ATTORNEY GENERAL DECISION REGARDING
PUBLIC INFORMATION
Art. 2B.0114. PRODUCTION OF BODY WORN CAMERA RECORDING
IN RESPONSE TO VOLUMINOUS PUBLIC
INFORMATION REQUESTS
SUBCHAPTER D. VIDEO AND AUDIO EQUIPMENT AND RECORDINGS OF MOTOR
VEHICLE STOPS
Art. 2B.0151. FEASIBILITY OF VIDEO AND AUDIO EQUIPMENT
AND RECORDINGS FOR MOTOR VEHICLE STOPS
Art. 2B.0152. PROVISION OF MONEY OR EQUIPMENT
Art. 2B.0153. RULES
Art. 2B.0154. VIDEO RECORDINGS OF ARRESTS FOR
INTOXICATION OFFENSES
SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS
Art. 2B.0201. DEFINITIONS
Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION
REQUIRED; EXCEPTIONS
Art. 2B.0203. PUBLIC DISCLOSURE
SUBCHAPTER F. USE OF FORCE
Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE
FORCE; REPORT REQUIRED
Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR
ARREST PROHIBITED
Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE
BY DRONE
SUBCHAPTER G. DUTY TO REQUEST AND RENDER AID
Art. 2B.0301. DUTY TO REQUEST AND RENDER AID
CHAPTER 2B. LAW ENFORCEMENT INTERACTIONS WITH PUBLIC
SUBCHAPTER A. GENERAL PROVISIONS
Art. 2B.0001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on Law
Enforcement.
(2) "Department" means the Department of Public Safety
of the State of Texas. (Occ. Code, Sec. 1701.651(2); New.)
SUBCHAPTER B. RACIAL PROFILING; MOTOR VEHICLE STOPS
Art. 2B.0051. DEFINITIONS. In this subchapter:
(1) "Bodily injury" has the meaning assigned by
Section 1.07, Penal Code.
(2) "Motor vehicle stop" means an occasion in which a
peace officer stops a motor vehicle for an alleged violation of a
law or ordinance.
(3) "Race or ethnicity" means the following
categories:
(A) Alaska native or American Indian;
(B) Asian or Pacific Islander;
(C) black;
(D) Hispanic or Latino; and
(E) white.
(4) "Racial profiling" means a law
enforcement-initiated action based on an individual's race,
ethnicity, or national origin rather than on the individual's
behavior or on information identifying the individual as having
engaged in criminal activity. (Code Crim. Proc., Arts.
2.132(a)(2), (3), (b) (part), 2.133(a), (b) (part), 2.134(a),
3.05.)
Art. 2B.0052. RACIAL PROFILING PROHIBITED. A peace officer
may not engage in racial profiling. (Code Crim. Proc., Art. 2.131.)
Art. 2B.0053. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
(a) In this article, "law enforcement agency" means an agency of
this state, or of a county, municipality, or other political
subdivision of this state, that employs peace officers who make
motor vehicle stops in the routine performance of the officers'
official duties.
(b) Each law enforcement agency shall adopt a detailed
written policy on racial profiling. The policy must:
(1) clearly define acts constituting racial
profiling;
(2) strictly prohibit peace officers employed by the
agency from engaging in racial profiling;
(3) implement a process by which an individual may
file a complaint with the agency if the individual believes that a
peace officer employed by the agency has engaged in racial
profiling with respect to the individual;
(4) provide public education relating to the agency's
compliment and complaint process, including providing the
telephone number, mailing address, and e-mail address to make a
compliment or complaint with respect to each ticket, citation, or
warning issued by a peace officer;
(5) require the agency employing a peace officer to
take appropriate corrective action against the peace officer after
an investigation shows that the peace officer has engaged in racial
profiling in violation of the agency's policy adopted under this
article;
(6) require collection of information relating to
motor vehicle stops in which a ticket, citation, or warning is
issued and to arrests made as a result of those stops, including
information relating to:
(A) the race or ethnicity of the individual
detained;
(B) whether a search was conducted and, if so,
whether the individual detained consented to the search;
(C) whether the peace officer knew the race or
ethnicity of the individual detained before detaining that
individual;
(D) whether the peace officer used physical force
that resulted in bodily injury during the stop;
(E) the location of the stop; and
(F) the reason for the stop; and
(7) require the chief administrator of the agency,
regardless of whether the administrator is elected, employed, or
appointed, to submit an annual report of the information collected
under Subdivision (6) to:
(A) the commission; and
(B) the governing body of each county or
municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of this state.
(c) On the commencement of an investigation by a law
enforcement agency of a complaint described by Subsection (b)(3) in
which there is a video or audio recording of the occurrence that is
the basis for the complaint, the agency shall promptly provide a
copy of the recording to the peace officer who is the subject of the
complaint on written request by the officer for a copy of the
recording.
(d) A law enforcement agency shall review the data collected
under Subsection (b)(6) to identify any improvements the agency
could make in the agency's practices and policies regarding motor
vehicle stops.
(e) A report required under Subsection (b)(7) may not
include identifying information about a peace officer who makes a
motor vehicle stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the collection
of information required by a policy under Subsection (b)(6).
(f) The commission shall begin disciplinary procedures
against the chief administrator of a law enforcement agency if the
commission finds that the chief administrator intentionally failed
to submit a report required under Subsection (b)(7). (Code Crim.
Proc., Arts. 2.132(a)(1), (b) (part), (e), (f), (g), (h).)
Art. 2B.0054. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.
(a) A peace officer who makes a motor vehicle stop shall report to
the law enforcement agency that employs the officer information
relating to the stop, including:
(1) a physical description of any individual operating
the motor vehicle who is detained as a result of the stop,
including:
(A) the individual's gender; and
(B) the individual's race or ethnicity, as stated
by the individual or, if the individual does not state the
individual's race or ethnicity, as determined by the officer to the
best of the officer's ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result
of the stop and, if so:
(A) whether the individual detained consented to
the search;
(B) the reason for the search, including whether:
(i) any contraband or other evidence was in
plain view;
(ii) any probable cause or reasonable
suspicion existed to perform the search; or
(iii) the search was performed because the
motor vehicle was towed or because of the arrest of any individual
in the motor vehicle; and
(C) whether any contraband or other evidence was
discovered during the search and a description of the contraband or
evidence;
(4) whether the officer made an arrest as a result of
the stop or the search and, if so, a statement of:
(A) whether the arrest was based on:
(i) a violation of the Penal Code;
(ii) a violation of a traffic law or
ordinance; or
(iii) an outstanding warrant; and
(B) the offense charged;
(5) the street address or approximate location of the
stop;
(6) whether the officer issued a verbal or written
warning or a ticket or citation as a result of the stop; and
(7) whether the officer used physical force that
resulted in bodily injury during the stop.
(b) The chief administrator of a law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed, is responsible for auditing reports under Subsection (a)
to ensure that the race or ethnicity of the individual operating the
motor vehicle is reported. (Code Crim. Proc., Arts. 2.133(b)
(part), (c).)
Art. 2B.0055. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED. (a) A law enforcement agency shall compile and analyze
the information contained in each report received by the agency
under Article 2B.0054.
(b) Not later than March 1 of each year, each law
enforcement agency shall submit a report containing the
incident-based data compiled during the previous calendar year to:
(1) the commission; and
(2) the governing body of each county or municipality
served by the agency, if the law enforcement agency is a local law
enforcement agency.
(c) A report required under Subsection (b) must be submitted
by the chief administrator of the law enforcement agency,
regardless of whether the administrator is elected, employed, or
appointed. The report must include:
(1) a comparative analysis of the information compiled
under Article 2B.0054 to:
(A) evaluate and compare the number of motor
vehicle stops, within the applicable jurisdiction, of:
(i) individuals recognized as members of
racial or ethnic minority groups; and
(ii) individuals not recognized as members
of racial or ethnic minority groups;
(B) examine the disposition of motor vehicle
stops made by officers employed by the agency, categorized
according to the race or ethnicity of the individuals affected, as
appropriate, including any searches resulting from stops within the
applicable jurisdiction; and
(C) evaluate and compare the number of searches
resulting from motor vehicle stops within the applicable
jurisdiction and whether contraband or other evidence was
discovered during those searches; and
(2) information relating to each complaint filed with
the agency alleging that a peace officer employed by the agency has
engaged in racial profiling.
(d) A report required under Subsection (b) may not include
identifying information about a peace officer who makes a motor
vehicle stop or about an individual who is stopped or arrested by a
peace officer. This subsection does not affect the reporting of
information required under Article 2B.0054(a)(1).
(e) The commission, in accordance with Section 1701.162,
Occupations Code, shall develop guidelines for compiling and
reporting information as required by this article.
(f) The commission shall begin disciplinary procedures
against the chief administrator of a law enforcement agency if the
commission finds that the chief administrator intentionally failed
to submit a report required under Subsection (b). (Code Crim.
Proc., Arts. 2.134(b), (c), (d), (e), (g).)
Art. 2B.0056. PRIMA FACIE EVIDENCE. The data collected as a
result of the reporting requirements of Articles 2B.0053 and
2B.0055 does not constitute prima facie evidence of racial
profiling. (Code Crim. Proc., Arts. 2.132(c), 2.134(f).)
Art. 2B.0057. LIABILITY. A peace officer is not liable for
damages arising from an act relating to the collection or reporting
of information as required by Article 2B.0054 or under a policy
adopted under Article 2B.0053. (Code Crim. Proc., Art. 2.136.)
Art. 2B.0058. CIVIL PENALTY. (a) If the chief
administrator of a local law enforcement agency intentionally fails
to submit the incident-based data required by Article 2B.0055, the
agency is liable to the state for a civil penalty in an amount not to
exceed $5,000 for each violation. The attorney general may sue to
collect a civil penalty under this subsection.
(b) From money appropriated to the agency for the
administration of the agency, the executive director of a state law
enforcement agency that intentionally fails to submit the
incident-based data required by Article 2B.0055 shall remit to the
comptroller the amount of $1,000 for each violation.
(c) Money collected under this article shall be deposited in
the state treasury to the credit of the general revenue fund. (Code
Crim. Proc., Art. 2.1385.)
Art. 2B.0059. RULES. The department may adopt rules to
implement Articles 2B.0052, 2B.0053, 2B.0054, 2B.0055, 2B.0056,
and 2B.0057. (Code Crim. Proc., Art. 2.138.)
SUBCHAPTER C. BODY WORN CAMERA PROGRAM
Art. 2B.0101. DEFINITIONS. In this subchapter:
(1) "Body worn camera" means a recording device that
is:
(A) capable of recording, or transmitting to be
recorded remotely, video or audio; and
(B) worn on the person of a peace officer, which
includes being attached to the officer's clothing or worn as
glasses.
(2) "Officer" and "peace officer" have the meanings
assigned by Section 1701.001, Occupations Code.
(3) "Private space" means a location in which an
individual has a reasonable expectation of privacy, including an
individual's home. (Occ. Code, Secs. 1701.651(1), (3); New.)
Art. 2B.0102. GRANTS FOR BODY WORN CAMERAS. (a) A police
department of a municipality in this state, a sheriff of a county in
this state who has received the approval of the commissioners court
for the purpose, or the department may apply to the governor's
office for a grant to defray the cost of implementing this
subchapter and to equip peace officers with body worn cameras if
that law enforcement agency employs officers who:
(1) engage in traffic or highway patrol or otherwise
regularly detain or stop motor vehicles; or
(2) are primary responders who respond directly to
calls for assistance from the public.
(b) The governor's office shall set deadlines for
applications for grants under this subchapter.
(c) Except as provided by Subsection (d), the governor's
office shall create and implement a matching grant program under
which matching funds from federal, state, local, and other funding
sources may be required as a condition of the grant. A law
enforcement agency that receives a grant under this article is
required to match 25 percent of the grant money.
(d) The department is eligible for grants under this
subchapter but is not subject to any requirement for matching
funds.
(e) The governor's office may conditionally award a grant to
a law enforcement agency that has not adopted and implemented the
policy under Article 2B.0106 or implemented the training required
under Article 2B.0107. Money may not be disbursed to the law
enforcement agency until the agency fully complies with those
articles. (Occ. Code, Sec. 1701.652.)
Art. 2B.0103. GRANTS FOR BODY WORN CAMERA DATA
STORAGE. (a) A law enforcement agency in this state that provides
body worn cameras to its peace officers may apply to the office of
the governor for a grant to defray the cost of data storage for
recordings created with the body worn cameras.
(b) The grant program established by this article may be
funded by federal funds or by gifts, grants, and donations. (Occ.
Code, Sec. 1701.6521.)
Art. 2B.0104. REPORTING. (a) As a condition of receiving a
grant under this subchapter, a law enforcement agency shall report
to the commission annually regarding the costs of implementing a
body worn camera program, including all known equipment costs and
costs for data storage.
(b) The commission shall compile the information submitted
under Subsection (a) into a report and submit the report to the
governor's office and the legislature not later than December 1 of
each year. (Occ. Code, Sec. 1701.653.)
Art. 2B.0105. INTERAGENCY OR INTERLOCAL CONTRACTS. A law
enforcement agency in this state may enter into an interagency or
interlocal contract to receive body worn camera services and have
the identified operations performed through a program established
by the Department of Information Resources. (Occ. Code, Sec.
1701.654.)
Art. 2B.0106. BODY WORN CAMERA POLICY. (a) A law
enforcement agency that receives a grant to provide body worn
cameras to the agency's peace officers or that otherwise operates a
body worn camera program shall adopt a policy for the use of body
worn cameras.
(b) A policy described by Subsection (a) must ensure that a
body worn camera is activated only for a law enforcement purpose and
must include:
(1) guidelines for when a peace officer should
activate a camera or discontinue a recording currently in progress,
considering the need for privacy in certain situations and at
certain locations;
(2) provisions relating to:
(A) data retention, including a provision
requiring the retention of video for at least 90 days;
(B) storage of video and audio;
(C) creation of backup copies of the video and
audio;
(D) maintenance of data security; and
(E) the collection of a body worn camera,
including the applicable video and audio recorded by the camera, as
evidence;
(3) guidelines for public access, through open records
requests, to recordings that are public information;
(4) provisions entitling an officer to access any
recording of an incident involving the officer before the officer
is required to make a statement about the incident;
(5) procedures for supervisory or internal review; and
(6) provisions for the handling and documenting of
equipment and malfunctions of equipment.
(c) A policy described by Subsection (a) may not require a
peace officer to keep a body worn camera activated for the entire
period of the officer's shift.
(d) A policy described by Subsection (a) must require a
peace officer who is equipped with a body worn camera and actively
participating in an investigation to keep the camera activated for
the entirety of the officer's active participation in the
investigation unless the camera has been deactivated in compliance
with that policy.
(e) A policy adopted under this article must be consistent
with the Federal Rules of Evidence and Texas Rules of Evidence.
(Occ. Code, Sec. 1701.655.)
Art. 2B.0107. TRAINING. (a) Before a law enforcement
agency may operate a body worn camera program, the agency must
provide training to:
(1) peace officers who will wear the body worn
cameras; and
(2) any other personnel who will come into contact
with video and audio data obtained from the use of body worn
cameras.
(b) The commission, in consultation with the department,
the Bill Blackwood Law Enforcement Management Institute of Texas,
the Caruth Police Institute at Dallas, and the Texas Police Chiefs
Association, shall develop or approve a curriculum for a training
program under this article. (Occ. Code, Sec. 1701.656.)
Art. 2B.0108. RECORDING INTERACTIONS WITH PUBLIC. (a) A
peace officer equipped with a body worn camera shall act in a manner
that is consistent with the policy of the law enforcement agency
that employs the officer with respect to when and under what
circumstances a body worn camera must be activated.
(b) A peace officer equipped with a body worn camera may
choose not to activate a camera or may choose to discontinue a
recording currently in progress for any encounter with an
individual that is not related to an investigation.
(c) A peace officer who does not activate a body worn camera
in response to a call for assistance shall include in the officer's
incident report or otherwise note in the case file or record the
reason for not activating the camera.
(d) Any justification for failing to activate the body worn
camera because it is unsafe, unrealistic, or impracticable must be
based on whether a reasonable officer under the same or similar
circumstances would have made the same decision. (Occ. Code, Sec.
1701.657.)
Art. 2B.0109. USE OF PERSONAL EQUIPMENT. (a) If a law
enforcement agency receives a grant under Article 2B.0102, a peace
officer who is employed by the agency and who is on duty may only use
a body worn camera that is issued and maintained by that agency.
(b) Notwithstanding any previous policy, an agency may not
allow its peace officers to use privately owned body worn cameras
after receiving a grant described by this article.
(c) A peace officer who is employed by a law enforcement
agency that has not received a grant described by this article or
who has not otherwise been provided with a body worn camera by the
agency that employs the officer may operate a body worn camera that
is privately owned only if permitted by the employing agency.
(d) An agency that authorizes the use of privately owned
body worn cameras under Subsection (c) must make provisions for the
security and compatibility of the recordings made by those cameras.
(Occ. Code, Sec. 1701.658.)
Art. 2B.0110. OFFENSE. (a) A peace officer or other
employee of a law enforcement agency commits an offense if the
officer or employee releases a recording created with a body worn
camera under this subchapter without permission of the applicable
law enforcement agency.
(b) An offense under this article is a Class A misdemeanor.
(Occ. Code, Sec. 1701.659.)
Art. 2B.0111. RECORDINGS AS EVIDENCE. (a) Except as
provided by Subsections (b) and (c), a recording created with a body
worn camera that documents an incident that involves the use of
deadly force by a peace officer or that is otherwise related to an
administrative or criminal investigation of an officer may not be
deleted, destroyed, or released to the public until all criminal
matters have been finally adjudicated and all related
administrative investigations have concluded.
(b) A law enforcement agency may permit an individual who is
depicted in a recording of an incident described by Subsection (a)
or, if the individual is deceased, the individual's authorized
representative, to view the recording, if the law enforcement
agency determines that the viewing furthers a law enforcement
purpose and any authorized representative who is permitted to view
the recording was not a witness to the incident. An individual
viewing a recording under this subsection may not duplicate the
recording or capture video or audio from the recording. A permitted
viewing of a recording under this subsection is not considered to be
a release of public information for purposes of Chapter 552,
Government Code.
(c) A law enforcement agency may release to the public a
recording described by Subsection (a) if the law enforcement agency
determines that the release furthers a law enforcement purpose.
(d) This article does not affect the authority of a law
enforcement agency to withhold under Section 552.108, Government
Code, information related to a closed criminal investigation that
did not result in a conviction or a grant of deferred adjudication
community supervision. (Occ. Code, Sec. 1701.660.)
Art. 2B.0112. RELEASE OF INFORMATION RECORDED BY BODY WORN
CAMERA. (a) A member of the public who submits a written request to
a law enforcement agency for information recorded by a body worn
camera must include with the request:
(1) the date and approximate time of the recording;
(2) the specific location where the recording
occurred; and
(3) the name of one or more individuals known to be a
subject of the recording.
(b) Failure to provide all of the information required by
Subsection (a) does not preclude the requestor from making a future
request for the same recorded information.
(c) Except as provided by Subsection (d), information
recorded by a body worn camera and held by a law enforcement agency
under this subchapter is not subject to Section 552.021, Government
Code.
(d) Information that is or could be used as evidence in a
criminal prosecution is subject to Section 552.021, Government
Code.
(e) A law enforcement agency may:
(1) seek to withhold information subject to Subsection
(d) in accordance with procedures provided by Section 552.301,
Government Code;
(2) assert any exception to disclosure under Chapter
552, Government Code, or other law; or
(3) release information requested in accordance with
Subsection (a) after the agency redacts any information made
confidential under Chapter 552, Government Code, or other law.
(f) A law enforcement agency may not release any portion of
a recording made in a private space, or of a recording involving the
investigation of conduct that constitutes a misdemeanor punishable
by fine only and does not result in arrest, without written
authorization from the individual who is the subject of that
portion of the recording or, if the individual is deceased, from the
individual's authorized representative.
(g) The attorney general shall set a proposed fee to be
charged to members of the public who seek to obtain a copy of a
recording under this article in an amount sufficient to cover the
cost of reviewing and making the recording. A law enforcement
agency may provide a copy without charge or at a reduced charge if
the agency determines that waiver or reduction of the charge is in
the public interest.
(h) A recording is confidential and excepted from the
requirements of Chapter 552, Government Code, if the recording:
(1) was not required to be made under this subchapter,
another law, or a policy adopted by the appropriate law enforcement
agency; and
(2) does not relate to a law enforcement purpose.
(Occ. Code, Sec. 1701.661.)
Art. 2B.0113. BODY WORN CAMERA RECORDINGS; REQUEST FOR
ATTORNEY GENERAL DECISION REGARDING PUBLIC INFORMATION. (a)
Notwithstanding Section 552.301(b), Government Code, a
governmental body's request for a decision from the attorney
general about whether a requested body worn camera recording falls
within an exception to public disclosure is considered timely if
made not later than the 20th business day after the date of receipt
of the written request.
(b) Notwithstanding Section 552.301(d), Government Code, a
governmental body's response to a requestor regarding a requested
body worn camera recording is considered timely if made not later
than the 20th business day after the date of receipt of the written
request.
(c) Notwithstanding Section 552.301(e), Government Code, a
governmental body's submission to the attorney general of the
information required by that subsection regarding a requested body
worn camera recording is considered timely if made not later than
the 25th business day after the date of receipt of the written
request.
(d) Notwithstanding Section 552.301(e-1), Government Code,
a governmental body's submission to a requestor of the information
required by that subsection regarding a requested body worn camera
recording is considered timely if made not later than the 25th
business day after the date of receipt of the written request.
(Occ. Code, Sec. 1701.662.)
Art. 2B.0114. PRODUCTION OF BODY WORN CAMERA RECORDING IN
RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a) For
purposes of this article, "voluminous request" includes:
(1) a request for body worn camera recordings from
more than five separate incidents;
(2) more than five separate requests for body worn
camera recordings from the same individual in a 24-hour period,
regardless of the number of incidents included in each request; and
(3) a request or multiple requests from the same
individual in a 24-hour period for body worn camera recordings
that, taken together, constitute more than five hours of video
footage.
(b) Notwithstanding Section 552.221(d), Government Code, an
officer for public information who is employed by a governmental
body and who receives a voluminous request in accordance with
Article 2B.0112(a) is considered to have promptly produced the
information for purposes of Section 552.221, Government Code, if
the officer takes the actions required under Section 552.221 not
later than the 20th business day after the date of receipt of the
written request. (Occ. Code, Sec. 1701.663.)
SUBCHAPTER D. VIDEO AND AUDIO EQUIPMENT AND RECORDINGS OF MOTOR
VEHICLE STOPS
Art. 2B.0151. FEASIBILITY OF VIDEO AND AUDIO EQUIPMENT AND
RECORDINGS FOR MOTOR VEHICLE STOPS. (a) In this article:
(1) "Law enforcement agency" has the meaning assigned
by Article 2B.0053.
(2) "Motor vehicle stop" has the meaning assigned by
Article 2B.0051.
(b) On adoption of a policy under Article 2B.0053(b), a law
enforcement agency shall examine the feasibility of:
(1) installing video camera and transmitter-activated
equipment in each agency law enforcement motor vehicle that is
regularly used to make motor vehicle stops;
(2) installing transmitter-activated equipment in
each agency law enforcement motorcycle regularly used to make motor
vehicle stops; and
(3) equipping with a body worn camera, as that term is
defined by Article 2B.0101, each peace officer who regularly
detains or stops motor vehicles.
(c) If a law enforcement agency installs video or audio
equipment or equips peace officers with body worn cameras as
provided by this article, the policy adopted by the agency under
Article 2B.0053(b) must include standards for reviewing video and
audio documentation. (Code Crim. Proc., Art. 2.132(d); New.)
Art. 2B.0152. PROVISION OF MONEY OR EQUIPMENT. (a) The
department shall adopt rules for providing money or video and audio
equipment to law enforcement agencies to:
(1) install video and audio equipment in law
enforcement motor vehicles and motorcycles; or
(2) equip peace officers with body worn cameras.
(b) The rules described by Subsection (a) must specify
criteria to prioritize money or equipment provided to law
enforcement agencies. The criteria may include consideration of
tax effort, financial hardship, available revenue, and budget
surpluses. The criteria must give priority to:
(1) law enforcement agencies that employ peace
officers whose primary duty is traffic enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(c) The department shall collaborate with an institution of
higher education to identify law enforcement agencies that need
money or video and audio equipment for a purpose described by
Subsection (a). The collaboration may include the use of a survey to
assist in developing criteria to prioritize money or equipment
provided to law enforcement agencies.
(d) To receive money or video and audio equipment from the
state for a purpose described by Subsection (a), the governing body
of a county or municipality, in conjunction with the law
enforcement agency serving the county or municipality, shall
certify to the department that the law enforcement agency needs
money or video and audio equipment for that purpose.
(e) On receipt of money or video and audio equipment from
the state for a purpose described by Subsection (a), the governing
body of a county or municipality, in conjunction with the law
enforcement agency serving the county or municipality, shall
certify to the department that the law enforcement agency:
(1) has taken the necessary actions to use the video
and audio equipment or body worn cameras for that purpose; and
(2) is using the video and audio equipment or body worn
cameras for that purpose. (Code Crim. Proc., Art. 2.137.)
Art. 2B.0153. RULES. The department may adopt rules to
implement Articles 2B.0151 and 2B.0152. (Code Crim. Proc., Art.
2.138.)
Art. 2B.0154. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION
OFFENSES. An individual stopped or arrested on suspicion of an
offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
is entitled to receive from the law enforcement agency employing
the peace officer who made the stop or arrest a copy of any video
made by or at the direction of the officer that contains footage of:
(1) the stop;
(2) the arrest;
(3) the conduct of the individual stopped during any
interaction with the officer, including during the administration
of a field sobriety test; or
(4) a procedure in which a specimen of the individual's
breath or blood is taken. (Code Crim. Proc., Art. 2.1396.)
SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS
Art. 2B.0201. DEFINITIONS. In this subchapter:
(1) "Electronic recording" means an audiovisual
electronic recording, or an audio recording if an audiovisual
electronic recording is unavailable, that is authentic, accurate,
and unaltered.
(2) "Law enforcement agency" means an agency of this
state, or of a county, municipality, or other political subdivision
of this state, that employs peace officers who, in the routine
performance of the officers' duties, conduct custodial
interrogations of individuals suspected of committing criminal
offenses.
(3) "Place of detention" means a police station or
other building that is a place of operation for a law enforcement
agency, including a municipal police department or county sheriff's
department, and is owned or operated by the law enforcement agency
to detain individuals in connection with the suspected violation of
a penal law. The term does not include a courthouse. (Code Crim.
Proc., Art. 2.32(a).)
Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION
REQUIRED; EXCEPTIONS. (a) Unless good cause exists that makes
electronic recording infeasible, a law enforcement agency shall
make a complete and contemporaneous electronic recording of any
custodial interrogation that occurs in a place of detention and is
of an individual suspected of committing or charged with the
commission of an offense under the following provisions of the
Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 20A.02 (trafficking of persons);
(6) Section 20A.03 (continuous trafficking of
persons);
(7) Section 21.02 (continuous sexual abuse of young
child or disabled individual);
(8) Section 21.11 (indecency with a child);
(9) Section 21.12 (improper relationship between
educator and student);
(10) Section 22.011 (sexual assault);
(11) Section 22.021 (aggravated sexual assault); or
(12) Section 43.25 (sexual performance by a child).
(b) For purposes of Subsection (a), an electronic recording
of a custodial interrogation is complete only if the recording:
(1) begins at or before the time the individual being
interrogated enters the area of the place of detention in which the
custodial interrogation will take place or receives a warning
described by Section 2(a), Article 38.22, whichever is earlier; and
(2) continues until the time the interrogation ends.
(c) For purposes of Subsection (a), good cause that makes
electronic recording infeasible includes the following:
(1) the individual being interrogated refused to
respond or cooperate in a custodial interrogation at which an
electronic recording was being made, provided that:
(A) a contemporaneous recording of the refusal
was made; or
(B) the peace officer or agent of the law
enforcement agency conducting the interrogation attempted, in good
faith, to record the individual's refusal but the individual was
unwilling to have the refusal recorded, and the peace officer or
agent contemporaneously, in writing, documented the refusal;
(2) the statement was not made as the result of a
custodial interrogation, including a statement that was made
spontaneously by the accused and not in response to a question by a
peace officer;
(3) the peace officer or agent of the law enforcement
agency conducting the interrogation attempted, in good faith, to
record the interrogation but:
(A) the recording equipment did not function;
(B) the officer or agent inadvertently operated
the equipment incorrectly; or
(C) the equipment malfunctioned or stopped
operating without the knowledge of the officer or agent;
(4) exigent public safety concerns prevented or
rendered infeasible the making of an electronic recording of the
statement; or
(5) the peace officer or agent of the law enforcement
agency conducting the interrogation reasonably believed at the time
the interrogation commenced that the individual being interrogated
was not taken into custody for or being interrogated concerning the
commission of an offense listed in Subsection (a). (Code Crim.
Proc., Arts. 2.32(b), (c), (d).)
Art. 2B.0203. PUBLIC DISCLOSURE. A recording of a
custodial interrogation that complies with this subchapter is
exempt from public disclosure as provided by Section 552.108,
Government Code. (Code Crim. Proc., Art. 2.32(e).)
SUBCHAPTER F. USE OF FORCE
Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE FORCE;
REPORT REQUIRED. (a) A peace officer has a duty to intervene to
stop or prevent another peace officer from using force against a
person suspected of committing an offense if:
(1) the amount of force exceeds that which is
reasonable under the circumstances; and
(2) the officer knows or should know that the other
officer's use of force:
(A) violates state or federal law;
(B) puts a person at risk of bodily injury, as
defined by Section 1.07, Penal Code, and is not immediately
necessary to avoid imminent bodily injury to a peace officer or
other person; and
(C) is not required to apprehend the person
suspected of committing an offense.
(b) A peace officer who witnesses the use of excessive force
by another peace officer shall promptly make a detailed report of
the incident and deliver the report to the supervisor of the peace
officer making the report. (Code Crim. Proc., Art. 2.1387.)
Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR
ARREST PROHIBITED. A peace officer may not intentionally use a
choke hold, carotid artery hold, or similar neck restraint in
searching or arresting a person unless the restraint is necessary
to prevent serious bodily injury to or the death of the officer or
another person. (Code Crim. Proc., Art. 2.33, as added Acts 87th
Leg., R.S., Ch. 534.)
Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE BY
DRONE. (a) In this article:
(1) "Drone" means an unmanned aircraft, watercraft, or
ground vehicle or a robotic device that:
(A) is controlled remotely by a human operator;
or
(B) operates autonomously through computer
software or other programming.
(2) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(b) Each law enforcement agency that uses or intends to use
a drone for law enforcement purposes shall:
(1) adopt a written policy regarding the agency's use
of force by means of a drone, before the agency first uses a drone,
and update the policy as necessary; and
(2) not later than January 1 of each even-numbered
year, submit the policy to the commission in the manner prescribed
by the commission. (Code Crim. Proc., Art. 2.33, as added Acts 87th
Leg., R.S., Ch. 1011.)
SUBCHAPTER G. DUTY TO REQUEST AND RENDER AID
Art. 2B.0301. DUTY TO REQUEST AND RENDER AID. (a) Except
as provided by Subsection (b), a peace officer who encounters an
injured person while discharging the officer's official duties
shall immediately and as necessary:
(1) request emergency medical services personnel to
provide the person with emergency medical services; and
(2) while waiting for emergency medical services
personnel to arrive, provide first aid or treatment to the person to
the extent of the officer's skill and training.
(b) The peace officer is not required to request emergency
medical services or provide first aid or treatment under Subsection
(a) if:
(1) making the request or providing the treatment
would expose the officer or another person to a risk of bodily
injury; or
(2) the officer is injured and physically unable to
make the request or provide the treatment. (Code Crim. Proc., Art. 2.33, as added Acts 87th Leg., R.S., Ch. 979.)
CHAPTER 13A. VENUE
SUBCHAPTER A. GENERAL PROVISIONS
Art. 13A.001. VENUE GENERALLY
Art. 13A.002. PLEADING AND PROVING VENUE
Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED
SUBCHAPTER B. VENUE IN CERTAIN CIRCUMSTANCES
Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY
OUTSIDE THIS STATE
Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY
PERSON ACTING FOR STATE
Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY
Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING
IN ANOTHER
Art. 13A.055. OFFENSE COMMITTED ON VESSEL
Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A
CHILD
Art. 13A.057. VENUE BY CONSENT
SUBCHAPTER C. INCHOATE OFFENSES
Art. 13A.101. CONSPIRACY
SUBCHAPTER D. OFFENSES AGAINST THE PERSON
Art. 13A.151. TRAFFICKING OF PERSONS, FALSE
IMPRISONMENT, KIDNAPPING, AND
SMUGGLING OF PERSONS
Art. 13A.152. SEXUAL ASSAULT
SUBCHAPTER E. OFFENSES AGAINST THE FAMILY
Art. 13A.201. BIGAMY
Art. 13A.202. CRIMINAL NONSUPPORT
Art. 13A.203. PROTECTIVE ORDER OFFENSES
Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY
SUBCHAPTER F. OFFENSES AGAINST PROPERTY
Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO
THEFT
Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE
Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF
CERTAIN FINANCIAL INFORMATION
Art. 13A.254. FORGERY
Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE
Art. 13A.256. HINDERING SECURED CREDITORS
Art. 13A.257. ILLEGAL RECRUITMENT OF AN ATHLETE
Art. 13A.258. MISAPPLICATION OF CERTAIN PROPERTY
Art. 13A.259. CERTAIN DECEPTIVE PRACTICES
Art. 13A.260. FRAUDULENT USE OR POSSESSION OF
IDENTIFYING INFORMATION
Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS
DEGREE
Art. 13A.262. MORTGAGE FRAUD
Art. 13A.263. COMPUTER OFFENSES
Art. 13A.264. TELECOMMUNICATIONS OFFENSES
Art. 13A.265. MONEY LAUNDERING
SUBCHAPTER G. OFFENSES AGAINST PUBLIC ADMINISTRATION
Art. 13A.301. OBSTRUCTION OR RETALIATION
Art. 13A.302. PERJURY
Art. 13A.303. RECORD OF A FRAUDULENT COURT
Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE
SUBCHAPTER H. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY
RESPONSE
SUBCHAPTER I. ORGANIZED CRIME
Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
SUBCHAPTER J. OFFENSES OUTSIDE PENAL CODE
Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER
REGISTRATION STATUTE
Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD
COMMITTED TO TEXAS JUVENILE JUSTICE
DEPARTMENT
Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA
Art. 13A.554. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
PREDATOR CIVIL COMMITMENT REQUIREMENT
CHAPTER 13A. VENUE
SUBCHAPTER A. GENERAL PROVISIONS
Art. 13A.001. VENUE GENERALLY. If venue is not
specifically stated for an offense, the offense may be prosecuted
in the county in which the offense was committed. (Code Crim. Proc.,
Art. 13.18.)
Art. 13A.002. PLEADING AND PROVING VENUE. (a) In each case
described by this chapter, the indictment or information or any
other pleading may allege that the offense was committed in the
county in which the prosecution is conducted.
(b) An allegation of venue under this article may be
sustained if the attorney representing the state proves by a
preponderance of the evidence that, based on the facts in the case,
the county in which the prosecution is conducted has venue. (Code
Crim. Proc., Art. 13.17.)
Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED. If an
offense has been committed in this state and the county in which the
offense was committed cannot be readily determined, the offense may
be prosecuted in the county:
(1) in which the defendant resides;
(2) in which the defendant is apprehended; or
(3) to which the defendant is extradited. (Code Crim.
Proc., Art. 13.19.)
SUBCHAPTER B. VENUE IN CERTAIN CIRCUMSTANCES
Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY OUTSIDE
THIS STATE. (a) An offense committed wholly or partly outside this
state under circumstances that give this state jurisdiction to
prosecute the defendant may be prosecuted in any county in which:
(1) the defendant is found; or
(2) an element of the offense occurs.
(b) Criminal homicide committed wholly or partly outside
this state under circumstances that give this state jurisdiction to
prosecute the defendant may be prosecuted in the county in which:
(1) the injury was inflicted;
(2) the defendant was located when the defendant
inflicted the injury; or
(3) the victim died or the victim's body was found.
(Code Crim. Proc., Arts. 13.01, 13.05.)
Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY
PERSON ACTING FOR STATE. An offense committed outside this state by
any officer acting under the authority of this state under
circumstances that give this state jurisdiction to prosecute the
defendant may be prosecuted in:
(1) the county in which the defendant resides; or
(2) if a nonresident of this state, Travis County.
(Code Crim. Proc., Art. 13.10.)
Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY. (a)
An offense committed on or within 400 yards of the boundaries of two
or more counties may be prosecuted in any one of those counties.
(b) An offense committed on the premises of an airport
operated jointly by two municipalities and located in two counties
may be prosecuted in either county.
(c) An offense punishable by fine only committed on or near
the boundary of contiguous municipalities that have entered into an
agreement authorized by Article 4.14(f) of this code and Section
29.003(h), Government Code, may be prosecuted in either of those
municipalities as provided in the agreement.
(d) An offense committed on a river or stream forming the
boundary of this state may be prosecuted in the county:
(1) the boundary of which is on the river or stream;
and
(2) the county seat of which is nearest the place where
the offense was committed. (Code Crim. Proc., Arts. 13.04, 13.045,
13.06.)
Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING IN
ANOTHER. An offense in which a person is injured in one county and,
as a result of the injury, dies in another county, may be prosecuted
in the county in which:
(1) the injury was received;
(2) the death occurred; or
(3) the person's body is found. (Code Crim. Proc.,
Art. 13.07.)
Art. 13A.055. OFFENSE COMMITTED ON VESSEL. An offense
committed on board a vessel that at the time of the offense is on a
navigable water in the boundaries of this State may be prosecuted
in:
(1) any county through which the vessel is navigated
in the course of the voyage; or
(2) the county in which the voyage commences or
terminates. (Code Crim. Proc., Art. 13.11.)
Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A CHILD.
An offense under Title 5, Penal Code, involving a victim younger
than 18 years of age, or an offense under Section 25.03, Penal Code,
that results in bodily injury to a child younger than 18 years of
age, may be prosecuted in the county in which:
(1) an element of the offense was committed;
(2) the defendant is apprehended;
(3) the victim resides; or
(4) the defendant resides. (Code Crim. Proc., Art.
13.075.)
Art. 13A.057. VENUE BY CONSENT. With the consent of the
defendant in writing, the defendant's attorney, and the attorney
representing the state, the trial of a felony case without a jury
may be held in any county in a judicial district for the county in
which venue is otherwise authorized by law. (Code Crim. Proc., Art.
13.20.)
SUBCHAPTER C. INCHOATE OFFENSES
Art. 13A.101. CONSPIRACY. (a) Criminal conspiracy may be
prosecuted in any county in which:
(1) the conspiracy was entered into;
(2) the conspiracy was agreed to be executed; or
(3) one or more of the conspirators acts to effect an
object of the conspiracy.
(b) If an object of a criminal conspiracy is an offense
classified as a felony under the Tax Code, the conspiracy may be
prosecuted in any county in which venue is proper under the Tax Code
for the offense, regardless of whether the offense was committed.
(c) If a criminal conspiracy was entered into outside this
state under circumstances that give this state jurisdiction to
prosecute the defendant, the conspiracy may be prosecuted in:
(1) any county in which the conspiracy was agreed to be
executed;
(2) any county in which any of the conspirators were
found; or
(3) Travis County. (Code Crim. Proc., Art. 13.13.)
SUBCHAPTER D. OFFENSES AGAINST THE PERSON
Art. 13A.151. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
KIDNAPPING, AND SMUGGLING OF PERSONS. Trafficking of persons,
false imprisonment, kidnapping, or smuggling of persons may be
prosecuted in any county:
(1) in which the offense was committed; or
(2) through, into, or out of which the victim may have
been taken. (Code Crim. Proc., Art. 13.12.)
Art. 13A.152. SEXUAL ASSAULT. Sexual assault may be
prosecuted in any county:
(1) in which the offense was committed; or
(2) in which the victim was abducted, if applicable,
or through or into which the victim was transported in the course of
the abduction and sexual assault. (Code Crim. Proc., Art. 13.15
(part).)
SUBCHAPTER E. OFFENSES AGAINST THE FAMILY
Art. 13A.201. BIGAMY. Bigamy may be prosecuted in any
county in which:
(1) the bigamous marriage occurred;
(2) the parties to the bigamous marriage live together
as spouses; or
(3) a party to the bigamous marriage not charged with
the offense resides. (Code Crim. Proc., Art. 13.14.)
Art. 13A.202. CRIMINAL NONSUPPORT. Criminal nonsupport may
be prosecuted in the county in which the person for whom support is
not provided resides at the time the information or indictment is
presented. (Code Crim. Proc., Art. 13.16.)
Art. 13A.203. PROTECTIVE ORDER OFFENSES. An offense under
Section 25.07 or 25.072, Penal Code, may be prosecuted in any county
in which:
(1) the protective order was issued; or
(2) the offense was committed, without regard to the
identity or location of the court that issued the protective order.
(Code Crim. Proc., Art. 13.38.)
Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY. An
offense under Section 25.11, Penal Code, may be prosecuted in any
county in which the defendant engaged in the conduct constituting
an offense under Section 22.01(a)(1), Penal Code, against a person
described by Section 25.11(a), Penal Code. (Code Crim. Proc., Art.
13.072.)
SUBCHAPTER F. OFFENSES AGAINST PROPERTY
Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT.
(a) An offense involving property that is stolen in one county and
removed to another county may be prosecuted in any county:
(1) in which the property was stolen; or
(2) through or into which the property was removed.
(b) An offense under Section 31.16 or 31.18, Penal Code, may
be prosecuted in any county in which an underlying theft could have
been prosecuted as a separate offense. (Code Crim. Proc., Art.
13.08.)
Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE. Unauthorized
use of a vehicle may be prosecuted in:
(1) any county in which the unauthorized use of the
vehicle occurred; or
(2) the county in which the vehicle was originally
reported stolen. (Code Crim. Proc., Art. 13.23.)
Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF
CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17,
Penal Code, may be prosecuted in:
(1) any county in which the offense was committed; or
(2) the county in which the victim resides. (Code
Crim. Proc., Art. 13.295.)
Art. 13A.254. FORGERY. Forgery may be prosecuted in:
(1) any county in which the writing was:
(A) forged;
(B) used or passed or attempted to be used or
passed; or
(C) deposited or placed with another person,
firm, association, or corporation for collection or credit for the
account of any person, firm, association, or corporation; or
(2) if the forging and the uttering, using, or passing
of a forged instrument in writing concerns or affects the title to
real property in this state, a county in which any part of the
property is located. (Code Crim. Proc., Art. 13.02.)
Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE. An offense
under Section 32.31, Penal Code, may be prosecuted in any county in
which:
(1) the offense was committed; or
(2) any person whose credit card or debit card was
unlawfully possessed or used resides. (Code Crim. Proc., Art.
13.291.)
Art. 13A.256. HINDERING SECURED CREDITORS. An offense
involving secured property that is taken from one county and
unlawfully disposed of in another county or state may be prosecuted
in the county:
(1) in which the secured property was disposed of;
(2) from which the secured property was removed; or
(3) in which the security agreement is filed. (Code
Crim. Proc., Art. 13.09.)
Art. 13A.257. ILLEGAL RECRUITMENT OF AN ATHLETE. Illegal
recruitment of an athlete may be prosecuted in any county in which:
(1) the offense was committed; or
(2) is located the institution of higher education in
which the athlete agreed or was influenced to enroll. (Code Crim.
Proc., Art. 13.24.)
Art. 13A.258. MISAPPLICATION OF CERTAIN PROPERTY. (a)
Except as provided by Subsection (b), an offense involving the
misapplication of property held as a fiduciary or property of a
financial institution in one county and the removal of that
property to another county may be prosecuted in any county:
(1) in which the property was misapplied;
(2) through or into which the property was removed; or
(3) in which the fiduciary was appointed to serve, if
applicable.
(b) An offense related to misapplication of construction
trust funds under Chapter 162, Property Code, must be prosecuted in
the county in which the construction project is located. (Code
Crim. Proc., Art. 13.32.)
Art. 13A.259. CERTAIN DECEPTIVE PRACTICES. An offense
under Section 32.46, 32.48, or 32.49, Penal Code, may be prosecuted
in any county:
(1) from which any material document was sent; or
(2) in which any material document was delivered.
(Code Crim. Proc., Art. 13.27 (part).)
Art. 13A.260. FRAUDULENT USE OR POSSESSION OF IDENTIFYING
INFORMATION. An offense under Section 32.51, Penal Code, may be
prosecuted in:
(1) any county in which the offense was committed; or
(2) the county in which the victim resides. (Code
Crim. Proc., Art. 13.29.)
Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS
DEGREE. An offense under Section 32.52, Penal Code, may be
prosecuted in:
(1) any county in which an element of the offense
occurs; or
(2) Travis County. (Code Crim. Proc., Art. 13.30.)
Art. 13A.262. MORTGAGE FRAUD. (a) In this article, "real
estate transaction" means a sale, lease, trade, exchange, gift,
grant, or other conveyance of a real property interest.
(b) Any offense under Chapter 32, Penal Code, that involves
a real estate transaction may be prosecuted in:
(1) the county in which the property is located;
(2) any county in which part of the transaction
occurred, including the generation of documentation supporting the
transaction; or
(3) if the offense is an offense under Section 32.46,
32.48, or 32.49, Penal Code, any county described by Subdivision
(1) or (2) or authorized by Article 13A.259. (Code Crim. Proc.,
Art. 13.271.)
Art. 13A.263. COMPUTER OFFENSES. (a) In this article,
"access," "computer," "computer network," "computer program,"
"computer system," and "owner" have the meanings assigned by
Section 33.01, Penal Code.
(b) An offense under Chapter 33, Penal Code, may be
prosecuted in any county:
(1) that is the principal place of business of the
owner or lessee of a computer, computer network, or computer system
involved in the offense;
(2) in which a defendant had control or possession of:
(A) any proceeds of the offense; or
(B) any books, records, documents, property,
negotiable instruments, computer programs, or other material used
in furtherance of the offense;
(3) from which, to which, or through which access to a
computer, computer network, computer program, or computer system
was made in violation of Chapter 33, Penal Code, whether by wires,
electromagnetic waves, microwaves, or any other means of
communication; or
(4) in which an individual who is a victim of the
offense resides. (Code Crim. Proc., Art. 13.25.)
Art. 13A.264. TELECOMMUNICATIONS OFFENSES. An offense
under Chapter 33A, Penal Code, may be prosecuted in any county:
(1) in which the telecommunications service
originated or terminated; or
(2) to which the bill for the telecommunications
service was or would have been delivered. (Code Crim. Proc., Art.
13.26.)
Art. 13A.265. MONEY LAUNDERING. Money laundering may be
prosecuted in:
(1) any county in which the offense was committed; or
(2) if the prosecution is based on an offense
classified as a felony under the Tax Code, any county in which venue
is proper under the Tax Code for the offense. (Code Crim. Proc.,
Art. 13.35.)
SUBCHAPTER G. OFFENSES AGAINST PUBLIC ADMINISTRATION
Art. 13A.301. OBSTRUCTION OR RETALIATION. An offense under
Section 36.06(a)(1), Penal Code, may be prosecuted in any county in
which:
(1) the harm occurs; or
(2) the threat to do harm originated or was received.
(Code Crim. Proc., Art. 13.37.)
Art. 13A.302. PERJURY. Perjury or aggravated perjury may
be prosecuted in any county in which:
(1) the offense was committed; or
(2) the false statement is used or attempted to be
used. (Code Crim. Proc., Art. 13.03.)
Art. 13A.303. RECORD OF A FRAUDULENT COURT. An offense
under Section 37.13, Penal Code, may be prosecuted in any county:
(1) from which any material document was sent; or
(2) in which any material document was delivered.
(Code Crim. Proc., Art. 13.27 (part).)
Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE. An offense
under Section 38.06 or 38.113, Penal Code, may be prosecuted in any
county in which:
(1) the offense was committed; or
(2) the defendant committed the offense for which the
defendant was placed in custody, detained, or required to submit to
treatment. (Code Crim. Proc., Art. 13.28.)
SUBCHAPTER H. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY RESPONSE.
An offense under Section 42.0601, Penal Code, may be prosecuted in
any county in which:
(1) the defendant resides;
(2) the false report was made; or
(3) a law enforcement agency or other emergency
responder responded to the false report. (Code Crim. Proc., Art.
13.40.)
SUBCHAPTER I. ORGANIZED CRIME
Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
Engaging in organized criminal activity may be prosecuted in:
(1) any county in which an act is committed to effect
an objective of the combination; or
(2) if the prosecution is based on an offense
classified as a felony under the Tax Code, any county in which venue
is proper under the Tax Code for the offense. (Code Crim. Proc.,
Art. 13.21.)
SUBCHAPTER J. OFFENSES OUTSIDE PENAL CODE
Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER
REGISTRATION STATUTE. An offense under Chapter 62 may be
prosecuted in any county in which:
(1) an element of the offense occurs;
(2) the defendant last registered, verified
registration, or otherwise complied with a requirement under
Chapter 62;
(3) the defendant has indicated that the defendant
intends to reside, regardless of whether the defendant establishes
or attempts to establish residency in that county;
(4) the defendant is placed under custodial arrest for
an offense subsequent to the defendant's most recent reportable
conviction or adjudication under Chapter 62; or
(5) the defendant resides or is found by a peace
officer, regardless of how long the defendant has been in the county
or intends to stay in the county. (Code Crim. Proc., Art. 13.31.)
Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD
COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. An offense
described by Article 104.003(a) committed by an employee or officer
of the Texas Juvenile Justice Department or a person providing
services under a contract with the department against a child
committed to the department may be prosecuted in:
(1) any county in which an element of the offense
occurred; or
(2) Travis County. (Code Crim. Proc., Art. 13.34.)
Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA.
Possession or delivery of marihuana may be prosecuted in:
(1) any county in which the offense was committed; or
(2) with the consent of the defendant, any county that
is adjacent to and in the same judicial district as any county in
which the offense was committed. (Code Crim. Proc., Art. 13.22.)
Art. 13A.554. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section
841.085, Health and Safety Code, may be prosecuted in:
(1) any county in which an element of the offense
occurs; or
(2) the court that retains jurisdiction over the civil
commitment proceeding under Section 841.082, Health and Safety Code. (Code Crim. Proc., Art. 13.315.)
CHAPTER 31A. CHANGE OF VENUE
SUBCHAPTER A. AUTHORITY TO CHANGE VENUE
Art. 31A.001. CHANGE OF VENUE ON JUDGE'S OWN MOTION
Art. 31A.002. COURT REQUIRED TO CHANGE VENUE IN
CERTAIN SEXUAL ASSAULT CASES
Art. 31A.003. CHANGE OF VENUE ON STATE'S MOTION
Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION
Art. 31A.005. CONTESTING MOTION TO CHANGE VENUE;
HEARING
SUBCHAPTER B. ON CHANGE OF VENUE
Art. 31A.051. CLERK'S DUTIES ON CHANGE OF VENUE
Art. 31A.052. USE OF SERVICES OF ORIGINAL VENUE
Art. 31A.053. REMOVAL OF DEFENDANT IN CUSTODY
Art. 31A.054. NO EFFECT ON SUBPOENA, ATTACHMENT, OR
BAIL OF WITNESSES
SUBCHAPTER C. RETURNING VENUE AFTER TRIAL
Art. 31A.151. RETURN TO COUNTY IN WHICH INDICTMENT OR
INFORMATION FILED; SUBSEQUENT
PROCEEDINGS
Art. 31A.152. CLERK'S DUTIES ON RETURN TO COUNTY IN
WHICH INDICTMENT OR INFORMATION FILED
CHAPTER 31A. CHANGE OF VENUE
SUBCHAPTER A. AUTHORITY TO CHANGE VENUE
Art. 31A.001. CHANGE OF VENUE ON JUDGE'S OWN MOTION. (a)
In a felony or misdemeanor case punishable by confinement, if the
judge is satisfied that a fair and impartial trial cannot be held
for any reason in the county in which the case is pending, the judge
may on the judge's own motion, after providing reasonable notice to
the defendant and the state and hearing evidence on the motion,
order a change of venue to:
(1) any county in the same judicial district as the
county in which the case is pending or in an adjoining judicial
district; or
(2) any county not described by Subdivision (1), after
10 days' notice is provided.
(b) An order changing venue under Subsection (a) must state
the grounds for the change of venue.
(c) An order changing venue under Subsection (a)(2) is
grounds for reversal if, on timely contest by the defendant, the
record of the contest affirmatively shows that any county described
by Subsection (a)(1) is not subject to the same conditions that
required the change of venue. (Code Crim. Proc., Art. 31.01.)
Art. 31A.002. COURT REQUIRED TO CHANGE VENUE IN CERTAIN
SEXUAL ASSAULT CASES. In a sexual assault case, a district court
shall order a change of venue when necessary to secure a speedy
trial. (Code Crim. Proc., Art. 13.15 (part).)
Art. 31A.003. CHANGE OF VENUE ON STATE'S MOTION. (a) In a
felony or misdemeanor case punishable by confinement, the attorney
representing the state may file a written motion requesting a
change of venue on the basis that:
(1) a fair and impartial trial cannot be safely and
speedily held because of:
(A) existing combinations or influences in favor
of the defendant; or
(B) the lawless condition of affairs in the
county; or
(2) the life of the prisoner or of any witness would be
jeopardized by a trial in the county in which the case is pending.
(b) On receipt of a motion filed under Subsection (a), the
judge shall:
(1) hear evidence on the motion; and
(2) if the judge is satisfied that the motion is
sufficiently supported and that justice will be served by granting
the motion, order a change of venue to any county in the judicial
district in which the case is pending or in an adjoining judicial
district. (Code Crim. Proc., Art. 31.02.)
Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION. (a)
In a felony or misdemeanor case punishable by confinement, the
court may grant a change of venue on the written motion of the
defendant, supported by the defendant's affidavit and the affidavit
of at least two credible persons who are residents of the county in
which the prosecution is commenced, if the court determines that
the defendant cannot obtain a fair and impartial trial in the county
in which the prosecution is commenced as a result of:
(1) a prejudice against the defendant in the county;
or
(2) a dangerous combination against the defendant in
the county instigated by influential persons.
(b) An order changing venue under Subsection (a) to a county
other than a county in the same judicial district as the county in
which the case is pending or in an adjoining judicial district is
grounds for reversal, if on timely contest by the defendant, the
record of the contest affirmatively shows that any county in the
judicial district in which the case is pending or in the adjoining
judicial district is not subject to the same conditions that
required the change of venue.
(c) On the defendant's motion and with the consent of the
attorney representing the state, the court may transfer the case to
another judicial district:
(1) for the convenience of the parties and witnesses
and in the interest of justice; or
(2) if the defendant stipulates that the defendant
will enter a plea of guilty. (Code Crim. Proc., Art. 31.03.)
Art. 31A.005. CONTESTING MOTION TO CHANGE VENUE; HEARING.
(a) The credibility or the means of knowledge of a person making an
affidavit for change of venue may be attacked by the affidavit of a
credible person.
(b) If an affidavit is filed to contest an affidavit for
change of venue as provided by Subsection (a), the judge shall hold
a hearing on the issue and grant or refuse the motion based on the
law and facts in the case. (Code Crim. Proc., Art. 31.04.)
SUBCHAPTER B. ON CHANGE OF VENUE
Art. 31A.051. CLERK'S DUTIES ON CHANGE OF VENUE. If a court
orders a change of venue in a criminal case, the clerk of the court
in which the prosecution is pending shall prepare and transmit to
the clerk of the court to which the venue is changed:
(1) a certified copy of the court's order directing the
change of venue;
(2) a certified copy of the defendant's bail bond or
personal bond, if any;
(3) the original papers in the case; and
(4) a certificate of the transmitting clerk under that
clerk's official seal that the papers described by Subdivision (3)
are all the papers on file in the case in the court in which the
prosecution is pending. (Code Crim. Proc., Art. 31.05.)
Art. 31A.052. USE OF SERVICES OF ORIGINAL VENUE. (a) A
judge ordering a change of venue under this chapter may, with the
written consent of the defendant, the defendant's attorney, and the
attorney representing the state:
(1) maintain the original case number on the court's
docket;
(2) preside over the case; and
(3) use the services of the court reporter, the court
coordinator, and the clerk of the court of original venue.
(b) If a judge takes the actions described by Subsection
(a):
(1) the court shall use the courtroom facilities and
any other services or facilities of the judicial district or county
to which venue is changed;
(2) the jury, if required, must consist of residents
of the judicial district or county to which venue is changed; and
(3) notwithstanding Article 31A.051, the clerk of the
court of original venue shall:
(A) maintain the original papers of the case,
including the defendant's bail bond or personal bond, if any;
(B) make the papers described by Paragraph (A)
available for trial; and
(C) act as the clerk in the case. (Code Crim.
Proc., Art. 31.09.)
Art. 31A.053. REMOVAL OF DEFENDANT IN CUSTODY. If the
defendant is in custody when venue is changed in a criminal case:
(1) an order shall be entered for:
(A) the defendant's removal to the county to
which the venue is changed; and
(B) the defendant's delivery to the sheriff of
the county to which the venue is changed before the next succeeding
term of the court of that county; and
(2) the sheriff with custody of the defendant shall
deliver the defendant as directed in the order described by
Subdivision (1). (Code Crim. Proc., Art. 31.06.)
Art. 31A.054. NO EFFECT ON SUBPOENA, ATTACHMENT, OR BAIL OF
WITNESSES. When venue is changed in a criminal case, any witness
who has been subpoenaed, attached, or bailed to appear and testify
in the case:
(1) is not required to be again subpoenaed, attached,
or bailed; and
(2) shall appear before the court to which venue has
been changed as if there had been no change of venue. (Code Crim.
Proc., Art. 31.07.)
SUBCHAPTER C. RETURNING VENUE AFTER TRIAL
Art. 31A.151. RETURN TO COUNTY IN WHICH INDICTMENT OR
INFORMATION FILED; SUBSEQUENT PROCEEDINGS. (a) On the completion
of a trial in which a change of venue has been ordered and, if
applicable, after the jury has been discharged, the court, with the
consent of counsel for the state and the defendant, may return the
case to the county in which the indictment or information was filed.
Except as provided by Subsection (b), all subsequent and ancillary
proceedings, including the pronouncement of sentence after appeals
have been exhausted, must be heard in the county in which the
indictment or information was filed.
(b) A motion for new trial alleging jury misconduct must be
heard in the county in which the case was tried. The county in which
the indictment or information was filed must pay the costs of the
prosecution of the motion.
(c) Except for the review of a death sentence under Section
2(h), Article 37.071, or under Section 2(h), Article 37.072, an
appeal taken in a case returned under this article to the county in
which the indictment or information was filed must be docketed in
the appellate district in which that county is located. (Code Crim.
Proc., Art. 31.08, Secs. 1, 3.)
Art. 31A.152. CLERK'S DUTIES ON RETURN TO COUNTY IN WHICH
INDICTMENT OR INFORMATION FILED. (a) Except as provided by
Subsection (b), on an order returning a case to the county in which
the indictment or information was filed as provided by Article
31A.151, the clerk of the county in which the case was tried shall:
(1) make a certified copy of:
(A) the court's order directing the return; and
(B) the defendant's bail bond, personal bond, or
appeal bond, if any;
(2) gather the original papers in the case and certify
under official seal that the papers are all the original papers on
file in the court in which the case was tried; and
(3) transmit the items described by Subdivisions (1)
and (2) to the clerk of the court in which the indictment or
information was filed.
(b) This article does not apply to a proceeding in which the
clerk of the court in which the indictment or information was filed
was present and performed the duties as clerk for the court under Article 31A.052. (Code Crim. Proc., Art. 31.08, Sec. 2.)
CHAPTER 45A. JUSTICE AND MUNICIPAL COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES
Art. 45A.002. DEFINITIONS
Art. 45A.003. APPLICABILITY
Art. 45A.004. RULES OF EVIDENCE
Art. 45A.005. PROSECUTING ATTORNEY
Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS
SUBCHAPTER B. COURT RECORDS
Art. 45A.051. ELECTRONIC RECORDS
Art. 45A.052. COURT SEAL
Art. 45A.053. DOCKET
Art. 45A.054. FILING BY MAIL
Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO
FINE-ONLY MISDEMEANORS
SUBCHAPTER C. PRETRIAL PROCEEDINGS
Art. 45A.101. COMPLAINT
Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT
Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT
Art. 45A.104. ARREST WARRANT
Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT
Art. 45A.106. DEFENDANT PLACED IN JAIL
Art. 45A.107. BAIL
Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER
COUNTY
SUBCHAPTER D. TRIAL
Art. 45A.151. DEFENDANT'S PLEA
Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD
Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE
GENERALLY
Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY
DEFENDANT IN JAIL
Art. 45A.155. JURY WAIVER
Art. 45A.156. JURY SUMMONED
Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL
Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT
FOR TRIAL
Art. 45A.159. JURY SELECTION AND FORMATION
Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY
Art. 45A.161. ORDER OF ARGUMENT
Art. 45A.162. DIRECTED VERDICT
Art. 45A.163. JURY CHARGE
Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION
Art. 45A.165. MISTRIAL
Art. 45A.166. VERDICT
SUBCHAPTER E. NEW TRIAL AND APPEAL
Art. 45A.201. NEW TRIAL
Art. 45A.202. APPEAL
Art. 45A.203. APPEAL BOND
Art. 45A.204. EFFECT OF APPEAL
SUBCHAPTER F. JUDGMENT, FINES, AND COSTS
Art. 45A.251. JUDGMENT
Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR
COSTS
Art. 45A.253. DISCHARGING FINES OR COSTS
Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR
COSTS
Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES
INVOLVING DEFERRED DISPOSITION
Art. 45A.256. FORFEITURE OF CASH BOND TO SATISFY FINES
AND COSTS; MOTION FOR NEW TRIAL
Art. 45A.257. WAIVER OF PAYMENT OF FINES AND COSTS
Art. 45A.258. RECONSIDERATION OF SATISFACTION OF FINES
OR COSTS
Art. 45A.259. CAPIAS PRO FINE
Art. 45A.260. APPEARANCE BY TELEPHONE OR
VIDEOCONFERENCE
Art. 45A.261. COMMITMENT
Art. 45A.262. DISCHARGED FROM JAIL
Art. 45A.263. CIVIL COLLECTION OF FINES AND COSTS
AFTER JUDGMENT
Art. 45A.264. COLLECTION OF FINES AND COSTS BY
MUNICIPALITY
SUBCHAPTER G. DEFERRED DISPOSITION
Art. 45A.301. APPLICABILITY
Art. 45A.302. DEFERRED DISPOSITION
Art. 45A.303. DEFERRED DISPOSITION REQUIREMENTS
Art. 45A.304. DEFERRED DISPOSITION REQUIREMENTS:
MOVING VIOLATION COMMITTED BY YOUNG
DEFENDANT
Art. 45A.305. DISMISSAL OF COMPLAINT ON COMPLIANCE
WITH JUDICIAL REQUIREMENTS
Art. 45A.306. SHOW CAUSE HEARING ON FAILURE TO COMPLY
WITH JUDICIAL REQUIREMENTS
Art. 45A.307. JUDICIAL ACTIONS ON SHOW CAUSE HEARING
SUBCHAPTER H. DRIVING SAFETY OR MOTORCYCLE OPERATOR COURSE
DISMISSAL
Art. 45A.351. APPLICABILITY
Art. 45A.352. DRIVING SAFETY OR MOTORCYCLE OPERATOR
TRAINING COURSE COMPLETION
Art. 45A.353. CERTAIN DEFENDANTS ENTITLED TO COMPLETE
DRIVING SAFETY OR MOTORCYCLE OPERATOR
TRAINING COURSE
Art. 45A.354. CONTENT OF NOTICE TO APPEAR
Art. 45A.355. EXTENSION FOR GOOD CAUSE
Art. 45A.356. JUDICIAL ACTIONS FOLLOWING PLEA; SHOW
CAUSE HEARING
Art. 45A.357. EFFECT OF DISMISSAL OR COURSE COMPLETION
Art. 45A.358. ADDITIONAL FINES AND FEES RELATING TO
COURSE REQUEST
Art. 45A.359. DRIVING RECORD RETRIEVAL AND RELATED FEE
SUBCHAPTER I. OTHER DISMISSALS
Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON
COMPLETION OF TEEN COURT PROGRAM
Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF
PERSON WITH CHEMICAL DEPENDENCY
Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO
NONATTENDANCE CHARGE
SUBCHAPTER J. CASES INVOLVING JUVENILES
Art. 45A.451. JUVENILE CASE MANAGERS
Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT
Art. 45A.453. CHILD TAKEN INTO CUSTODY
Art. 45A.454. CONDUCT ALLEGED ON SCHOOL PROPERTY
Art. 45A.455. CHILD TAKEN INTO CUSTODY FOR VIOLATION
OF JUVENILE CURFEW OR ORDER
Art. 45A.456. CONTINUING OBLIGATION TO APPEAR FOR
UNADJUDICATED CHILD, NOW ADULT;
OFFENSE
Art. 45A.457. FINDING THAT OFFENSE COMMITTED
Art. 45A.458. FINDING OF ELECTRONIC TRANSMISSION OF
CERTAIN VISUAL MATERIAL DEPICTING
MINOR
Art. 45A.459. COMMUNITY SERVICE TO SATISFY FINES OR
COSTS FOR CERTAIN JUVENILE DEFENDANTS
Art. 45A.460. COMMUNITY SERVICE TO SATISFY FINES OR
COSTS FOR CERTAIN JUVENILE DEFENDANTS
FOR OFFENSES ON SCHOOL GROUNDS
Art. 45A.461. FAILURE TO PAY FINE OR APPEAR
Art. 45A.462. CONFIDENTIAL RECORDS RELATED TO CERTAIN
CHARGES AGAINST OR CONVICTIONS OF
CHILD
Art. 45A.463. EXPUNCTION OF CERTAIN RECORDS OF CHILD
OR MINOR
Art. 45A.464. EXPUNCTION OF RECORDS RELATED TO FAILURE
TO ATTEND SCHOOL
CHAPTER 45A. JUSTICE AND MUNICIPAL COURTS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES. (a) The
purpose of this chapter is to establish procedures for processing
cases under the criminal jurisdiction of the justice and municipal
courts.
(b) This chapter is intended and shall be construed to
achieve the following objectives:
(1) to provide fair notice and a meaningful
opportunity to be heard to a person appearing in a criminal
proceeding in a justice or municipal court;
(2) to ensure appropriate dignity in court procedure
without undue formalism;
(3) to promote adherence to rules with sufficient
flexibility to serve the ends of justice; and
(4) to process cases without unnecessary expense or
delay. (Code Crim. Proc., Art. 45.001.)
Art. 45A.002. DEFINITIONS. In this chapter:
(1) "Complaint" means a sworn allegation charging an
accused person with the commission of an offense.
(2) "Cost" includes any fee, including a reimbursement
fee, imposed on a defendant by a justice or judge, unless the
context clearly indicates otherwise. (Code Crim. Proc., Arts.
45.004, 45.018(a).)
Art. 45A.003. APPLICABILITY. (a) A criminal proceeding in
a justice or municipal court shall be conducted in accordance with
this chapter.
(b) If this chapter does not provide a rule of procedure
governing an 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. (Code Crim. Proc., Art.
45.002.)
Art. 45A.004. RULES OF EVIDENCE. The rules of evidence that
apply to the trial of a criminal action in a district court apply to
a criminal proceeding in a justice or municipal court. (Code Crim.
Proc., Art. 45.011.)
Art. 45A.005. PROSECUTING ATTORNEY. (a) A county or
district attorney or a deputy county or district attorney shall
conduct each prosecution in a justice court.
(b) Except as otherwise provided by law, a district attorney
or a deputy district attorney with the consent of the county
attorney may prosecute an appeal from a justice court.
(c) A municipal attorney or a deputy municipal attorney
shall conduct each prosecution in a municipal court.
(d) The county attorney of the county in which a
municipality is located may also represent the state in a
prosecution in a municipal court in that municipality. The county
attorney is not entitled to receive any fees or other compensation
for representing the state in a prosecution described by this
subsection.
(e) With the consent of the county attorney, a municipal
attorney or a deputy municipal attorney may prosecute an appeal
from a municipal court to a county court, county court at law, or
appellate court. (Code Crim. Proc., Arts. 45.101, 45.201(a), (b),
(c).)
Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS. The
primary duty of a municipal attorney is not to convict, but to see
that justice is done. (Code Crim. Proc., Art. 45.201(d).)
SUBCHAPTER B. COURT RECORDS
Art. 45A.051. ELECTRONIC RECORDS. (a) Notwithstanding any
other law, a document issued or maintained by a justice or municipal
court or a notice or a citation issued by a law enforcement officer
may be created by electronic means, including:
(1) optical imaging;
(2) optical disk;
(3) digital imaging; or
(4) another electronic reproduction technique that
does not permit changes, additions, or deletions to the originally
created document.
(b) A justice or municipal court may use electronic means
to:
(1) produce a document required by law to be written;
(2) record an instrument, paper, or notice that is
permitted or required by law to be recorded or filed; or
(3) maintain a docket.
(c) Information in a docket may be processed and stored
using electronic data processing equipment, at the discretion of
the justice or judge.
(d) A justice or municipal court shall maintain original
documents as provided by law.
(e) An electronically recorded judgment has the same force
and effect as a written signed judgment.
(f) A record created by electronic means is an original
record or a certification of the original record.
(g) A printed copy of an optical image of the original
record printed from an optical disk system is an accurate copy of
the original record.
(h) A statutory requirement that a document contain the
signature of any person, including a judge, clerk of the court, or
defendant, is satisfied if the document contains that signature as
captured on an electronic device. (Code Crim. Proc., Arts.
45.012(a), (b), (c), (d), (e), (f), (h), 45.017(b).)
Art. 45A.052. COURT SEAL. (a) A justice or municipal court
shall have a court seal.
(b) The impression of the court seal must be:
(1) attached to all papers issued out of the justice or
municipal court except subpoenas; and
(2) used to authenticate the official acts of the
clerk and of the recorder.
(c) A court seal may be created by electronic means,
including:
(1) optical imaging;
(2) optical disk; or
(3) another electronic reproduction technique that
does not permit changes, additions, or deletions to an original
document created by the same type of system. (Code Crim. Proc.,
Art. 45.012(g).)
Art. 45A.053. DOCKET. The justice or judge of a justice or
municipal court or, if directed by the justice or judge, the clerk
of the court shall keep a docket containing the following
information:
(1) the style and file number of each criminal action;
(2) the nature of the offense charged;
(3) the plea offered by the defendant and the date the
plea was entered;
(4) the date the warrant, if any, was issued and the
return made on the warrant;
(5) the date the examination or trial was held;
(6) if a trial was held, whether it was by a jury or by
the justice or judge;
(7) the verdict of the jury, if any, and the date of
the verdict;
(8) the judgment and sentence of the court and the date
each was entered;
(9) the motion for new trial, if any, and the decision
made on the motion; and
(10) whether an appeal was taken and the date of that
action. (Code Crim. Proc., Art. 45.017(a).)
Art. 45A.054. FILING BY MAIL. (a) Notwithstanding any
other law, for purposes of this chapter, a document is considered
timely filed with the clerk of a justice or municipal court if:
(1) the document is deposited with the United States
Postal Service in a first class postage prepaid envelope properly
addressed to the clerk on or before the date the document is
required to be filed with the clerk; and
(2) the clerk receives the document not later than the
10th day after the date the document is required to be filed with
the clerk.
(b) A legible postmark affixed by the United States Postal
Service is prima facie evidence of the date the document is
deposited with the United States Postal Service.
(c) In this article, "day" does not include Saturday,
Sunday, or a legal holiday. (Code Crim. Proc., Art. 45.013.)
Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
MISDEMEANORS. (a) Except as provided by Subsections (b) and (c),
following the fifth anniversary of the date of a final conviction
of, or of a dismissal after deferral of disposition for, a
misdemeanor offense punishable by fine only, all records and files
and information stored by electronic means or otherwise, from which
a record or file could be generated, that are held or stored by or
for a justice or municipal court and relate to the person who was
convicted of, or who received a dismissal after deferral of
disposition for, the offense are confidential and may not be
disclosed to the public.
(b) Records, files, and information subject to Subsection
(a) may be open to inspection only:
(1) by a judge or court staff;
(2) by a criminal justice agency for a criminal
justice purpose, as those terms are defined by Section 411.082,
Government Code;
(3) by the Department of Public Safety;
(4) by the attorney representing the state;
(5) by the defendant or the defendant's counsel;
(6) if the offense is a traffic offense, by an
insurance company or surety company authorized to write motor
vehicle liability insurance in this state; or
(7) for the purpose of complying with a requirement
under federal law, including a disclosure that is required as a
condition of receiving federal highway funds.
(c) This article does not apply to records, files, and
information described by Subsection (a) that relate to an offense
that is sexual in nature, as determined by the holder of the
records, files, or information. (Code Crim. Proc., Art. 45.0218.)
SUBCHAPTER C. PRETRIAL PROCEEDINGS
Art. 45A.101. COMPLAINT. (a) A complaint is sufficient,
without regard to form, if the complaint substantially satisfies
the following requirements:
(1) is in writing;
(2) begins with "In the name and by the authority of
the State of Texas";
(3) either:
(A) states the name of the accused person; or
(B) if the name of the accused person is unknown,
includes a reasonably definite description of the accused person;
(4) either:
(A) shows that the accused person has committed
an offense against the law of this state; or
(B) states that the affiant has good reason to
believe and does believe that the accused person has committed an
offense against the law of this state;
(5) states the date the offense was committed as
definitely as the affiant is able to provide;
(6) bears the signature or mark of the affiant; and
(7) concludes with the words "Against the peace and
dignity of the State."
(b) If the offense charged is an offense under a municipal
ordinance only, the complaint may also conclude with the words
"Contrary to the said ordinance."
(c) A complaint must allege that the offense was committed:
(1) in the county in which the complaint is made, if
filed in justice court; or
(2) in the territorial limits of the municipality in
which the complaint is made, if filed in municipal court.
(d) A complaint may be sworn to before any officer
authorized to administer oaths.
(e) A complaint in a municipal court may be sworn to before:
(1) the municipal judge;
(2) the clerk of the court or a deputy clerk;
(3) the municipal secretary; or
(4) the municipal attorney or a deputy municipal
attorney.
(f) In a county with a population of more than two million
that does not have a county attorney, a complaint for an offense
under Section 32.41, Penal Code, must be approved by the district
attorney, regardless of whether a collection proceeding is
initiated by the district attorney under Subsection (e) of that
section.
(g) A defendant is entitled to notice of a complaint against
the defendant not later than the day before the date of any
proceeding in the prosecution of the defendant under the complaint.
The defendant may waive the right to notice granted by this
subsection. (Code Crim. Proc., Arts. 45.018(b), 45.019(a), (b),
(c), (d), (e), (g).)
Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT. If the
defendant does not object to a defect, error, or irregularity of
form or substance in a charging instrument before the date the trial
on the merits begins, the defendant waives and forfeits the right to
object to the defect, error, or irregularity. This article does not
prohibit a trial court from requiring that an objection to a
charging instrument be made at an earlier time. (Code Crim. Proc.,
Art. 45.019(f).)
Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT. (a)
All process issued by a municipal court:
(1) may be served by a peace officer or marshal of the
municipality in which the court is located; and
(2) shall be served by a peace officer or marshal
described by Subdivision (1) if directed by the court.
(b) Process must be served under Subsection (a) in
accordance with the law governing a sheriff's or constable's
service of process issued by a justice court, as applicable.
(c) A peace officer or marshal of a municipality may serve
process issued by a municipal court in that municipality anywhere
in the county or counties in which the municipality is located.
(Code Crim. Proc., Art. 45.202.)
Art. 45A.104. ARREST WARRANT. (a) If a sworn complaint or
affidavit based on probable cause has been filed before a justice or
municipal court, the justice or judge may issue a warrant for the
arrest of the defendant and deliver the warrant to the proper
officer to be executed.
(b) A warrant is sufficient if the warrant:
(1) is issued in the name of "The State of Texas";
(2) is directed to the proper peace officer or other
person specifically named in the warrant;
(3) includes a command that the defendant be taken,
and brought before the authority issuing the warrant, at the time
and place stated in the warrant;
(4) either:
(A) states the defendant's name; or
(B) if the defendant's name is not known,
describes the defendant as provided in the complaint;
(5) states that the defendant is accused of an offense
against the law of this state, naming the offense; and
(6) is signed by the justice or judge, naming the
office of the justice or judge either in the body of the warrant or
in connection with the signature of the justice or judge.
(c) Except as inconsistent or in conflict with this chapter,
Chapter 15 applies to a warrant of arrest issued under this article.
(d) In a county with a population of more than two million
that does not have a county attorney, a justice or judge may not
issue a warrant under this article for an offense under Section
32.41, Penal Code, unless the district attorney has approved the
complaint or affidavit on which the warrant is based.
(e) A justice or judge may not issue an arrest warrant for
the defendant's failure to appear at the initial court setting,
including failure to appear as required by a citation issued under
Article 14.06(b), unless:
(1) the justice or judge provides by telephone or
regular mail to the defendant notice that includes:
(A) a date and time, occurring within the 30-day
period following the date that notice is provided, when the
defendant must appear before the justice or judge;
(B) the name and address of the court with
jurisdiction in the case;
(C) information regarding alternatives to the
full payment of any fines or costs owed by the defendant, if the
defendant is unable to pay that amount;
(D) a statement that the defendant may be
entitled to a credit toward any fines or costs owed by the defendant
if the defendant was confined in jail or prison after the commission
of the offense for which the notice is given; and
(E) an explanation of the consequences if the
defendant fails to appear before the justice or judge as required by
this article; and
(2) the defendant fails to appear before the justice
or judge as required by this article.
(f) A defendant who receives notice under Subsection (e) may
request an alternative date or time to appear before the justice or
judge if the defendant is unable to appear on the date and time
included in the notice.
(g) A justice or judge shall recall an arrest warrant for
the defendant's failure to appear if the defendant voluntarily
appears and makes a good faith effort to resolve the arrest warrant
before the warrant is executed. (Code Crim. Proc., Art. 45.014, as
amended Acts 85th Leg., R.S., Ch. 1127.)
Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT. If a
criminal offense that a justice of the peace has jurisdiction to try
is committed within the view of the justice, the justice may issue a
warrant for the arrest of the offender. (Code Crim. Proc., Art.
45.103.)
Art. 45A.106. DEFENDANT PLACED IN JAIL. If a peace officer
is authorized by this title to retain a defendant in custody, the
officer may place the defendant in jail in accordance with this code
or other law. (Code Crim. Proc., Art. 45.015.)
Art. 45A.107. BAIL. (a) A justice or judge may require a
defendant to give a personal bond to secure the defendant's
appearance in accordance with this code.
(b) A justice or judge may not, either instead of or in
addition to the personal bond, require a defendant to give a bail
bond unless:
(1) the defendant fails to appear in accordance with
this code with respect to the applicable offense; and
(2) the justice or judge determines that:
(A) the defendant has sufficient resources or
income to give a bail bond; and
(B) a bail bond is necessary to secure the
defendant's appearance in accordance with this code.
(c) If a defendant required to give a bail bond in
accordance with Subsection (b) does not give the bail bond within 48
hours after the issuance of the applicable order, the justice or
judge:
(1) shall reconsider the requirement for the defendant
to give the bail bond and presume that the defendant does not have
sufficient resources or income to give the bond; and
(2) may require the defendant to give a personal bond.
(d) A defendant may be held in custody if the defendant:
(1) refuses to give a personal bond; or
(2) except as provided by Subsection (c), refuses or
otherwise fails to give a bail bond. (Code Crim. Proc., Art.
45.016, as amended Acts 85th Leg., R.S., Ch. 1127.)
Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER COUNTY.
If a complaint is made before a justice of the peace that a felony
has been committed in a county other than the county in which the
complaint is made, the justice shall issue a warrant for the arrest
of the defendant, directed as provided in other cases, commanding
that the defendant be arrested and taken before a magistrate of the
county in which the felony is alleged to have been committed,
immediately, for examination as provided in other cases. (Code
Crim. Proc., Art. 45.102.)
SUBCHAPTER D. TRIAL
Art. 45A.151. DEFENDANT'S PLEA. (a) A pleading of a
defendant in a justice or municipal court may be oral or in writing
as directed by the court.
(b) After a jury is impaneled, or after the defendant has
waived trial by jury, the defendant may enter:
(1) a plea of guilty, not guilty, or nolo contendere;
or
(2) a special plea of double jeopardy as described by
Article 27.05.
(c) If a defendant is detained in jail before trial, the
justice or judge may permit the defendant to enter any of the pleas
described by Subsection (b).
(d) If a defendant is charged with an offense involving
family violence, as defined by Section 71.004, Family Code, the
justice or judge must take the defendant's plea in open court.
(Code Crim. Proc., Arts. 45.021, 45.0211, 45.023(a), (b).)
Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD. If a defendant
refuses to plead, the justice or judge shall enter a plea of not
guilty. (Code Crim. Proc., Art. 45.024.)
Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE GENERALLY.
(a) On the entry of a plea of guilty or nolo contendere, the justice
or municipal court may hear proof regarding the offense and assess
the punishment.
(b) A justice or judge may not accept a plea of guilty or
nolo contendere from a defendant in open court unless it appears to
the justice or judge that the defendant is mentally competent and
the plea is free and voluntary. (Code Crim. Proc., Arts. 45.022,
45.0241.)
Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY
DEFENDANT IN JAIL. (a) If a defendant who is detained in jail
enters a plea of guilty or nolo contendere, the justice or judge
may, after complying with Article 15.17 and advising the defendant
of the defendant's right to trial by jury, as appropriate:
(1) accept the defendant's plea;
(2) assess a fine, determine costs, and accept payment
of the fine and costs;
(3) give the defendant credit for time served;
(4) determine whether the defendant is indigent; or
(5) discharge the defendant.
(b) Notwithstanding Article 45A.201(a), following a plea of
guilty or nolo contendere entered by a defendant detained in jail, a
motion for new trial must be made not later than the 10th day after
the imposition of judgment and sentence. The justice or judge shall
grant a motion for new trial made under this subsection. (Code
Crim. Proc., Arts. 45.023(c), (d).)
Art. 45A.155. JURY WAIVER. (a) A defendant may waive a
trial by jury in writing.
(b) If a defendant waives a trial by jury, the justice or
judge shall hear and determine the case without a jury. (Code Crim.
Proc., Art. 45.025.)
Art. 45A.156. JURY SUMMONED. (a) If a defendant does not
waive a trial by jury, the justice or judge shall issue a writ
commanding the proper officer to summon a venire from which six
qualified persons shall be selected to serve as jurors in the case.
(b) Jurors summoned as provided by Subsection (a) shall
remain in attendance, as jurors in all cases that may come up for
hearing, until discharged by the justice or municipal court.
(c) A person summoned as provided by Subsection (a) who
fails to attend may be fined an amount not to exceed $100 for
contempt.
(d) If a sufficient number of jurors are not in attendance
as a result of challenges or any other reason, the justice or judge
shall order the proper officer to summon a sufficient number of
qualified persons to form the jury. (Code Crim. Proc., Arts.
45.027, 45.028.)
Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL. (a) A
justice or municipal court may order a defendant who does not waive
a jury trial in a justice or municipal court and who fails to appear
for the trial to pay a reimbursement fee for the costs incurred for
impaneling the jury.
(b) The justice or municipal court for good cause may
release a defendant from the obligation to pay the reimbursement
fee under this article.
(c) An order issued by a justice or municipal court under
this article may be enforced by contempt as provided by Section
21.002(c), Government Code. (Code Crim. Proc., Art. 45.026.)
Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR
TRIAL. If an attorney representing the state is not present when
the case is called for trial, the justice or judge may:
(1) postpone the trial to a specified date;
(2) appoint an attorney pro tem as provided by this
code to represent the state; or
(3) proceed to trial. (Code Crim. Proc., Art. 45.031.)
Art. 45A.159. JURY SELECTION AND FORMATION. (a) In a jury
trial in a justice or municipal court, the state, and each defendant
in the case, is entitled to three peremptory challenges.
(b) The justice or judge shall form the jury and administer
the appropriate oath in accordance with Chapter 35. (Code Crim.
Proc., Arts. 45.029, 45.030.)
Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY. The defendant
has a right to appear by an attorney as in all other cases. (Code
Crim. Proc., Art. 45.020(a).)
Art. 45A.161. ORDER OF ARGUMENT. The attorney representing
the state may open and conclude the argument in the case. (Code
Crim. Proc., Art. 45.020(b).)
Art. 45A.162. DIRECTED VERDICT. If, on the trial of a case
in a justice or municipal court, the state fails to prove a prima
facie case of the offense alleged in the complaint, the defendant is
entitled to a directed verdict of not guilty. (Code Crim. Proc.,
Art. 45.032.)
Art. 45A.163. JURY CHARGE. (a) The judge shall charge the
jury.
(b) The charge may be made orally or in writing, except that
the charge shall be made in writing if required by other law. (Code
Crim. Proc., Art. 45.033.)
Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION. When
the case is submitted to the jury, the jury shall retire in the
charge of an officer and be kept together until:
(1) the jury agrees to a verdict;
(2) the jury is discharged; or
(3) the court recesses. (Code Crim. Proc., Art.
45.034.)
Art. 45A.165. MISTRIAL. (a) A justice or municipal court
shall discharge a jury if the jury fails to agree to a verdict after
being kept together a reasonable period.
(b) If a jury is discharged under Subsection (a), the
justice or judge may impanel another jury as soon as practicable to
try the case. (Code Crim. Proc., Art. 45.035.)
Art. 45A.166. VERDICT. (a) When the jury has agreed on a
verdict, the jury shall bring the verdict into court.
(b) The justice or judge shall ensure that the verdict is in
the proper form and impose the proper judgment and sentence on the
verdict. (Code Crim. Proc., Art. 45.036.)
SUBCHAPTER E. NEW TRIAL AND APPEAL
Art. 45A.201. NEW TRIAL. (a) A motion for a new trial must
be made not later than the fifth day after the imposition of
judgment and sentence.
(b) Subject to Subsection (e), not later than the 10th day
after the date that the judgment is entered, a justice or judge may
grant the defendant a new trial for good cause shown if the justice
or judge considers that justice has not been done the defendant in
the trial of the case.
(c) If a motion for a new trial is not granted before the
11th day after the date that the judgment is entered, the motion is
considered denied.
(d) If a new trial is granted, the justice or judge shall
proceed to try the case again as soon as practicable.
(e) A defendant may be granted not more than one new trial in
the same case.
(f) The state is not entitled to a new trial in any case.
(Code Crim. Proc., Arts. 45.037, 45.038, 45.039, 45.040.)
Art. 45A.202. APPEAL. (a) An appeal from a justice or
municipal court, including an appeal from a final judgment in a bond
forfeiture proceeding, shall be heard by the county court or, if the
county court has no jurisdiction over the case, the proper court in
the county.
(b) A de novo trial shall be held on appeal unless the appeal
is:
(1) taken from a municipal court of record; and
(2) based on error reflected in the record.
(c) An appeal may not be dismissed because of:
(1) the defendant's failure to give notice of appeal in
open court; or
(2) the presence of a defect in the transcript.
(d) In an appeal from the judgment and sentence of a justice
or municipal court, if the defendant is in custody, the defendant
shall be committed to jail unless the defendant is released on bail.
(e) If the court that issued the judgment and sentence being
appealed is in session, the court must approve the bail. (Code Crim.
Proc., Arts. 45.042, 45.0425(a) (part), 45.0426(c).)
Art. 45A.203. APPEAL BOND. (a) An appeal is perfected when
the appeal bond has been filed:
(1) with the justice or judge who tried the case; and
(2) not later than the 10th day after the date the
judgment was entered.
(b) If an appeal bond is not timely filed, the appellate
court does not have jurisdiction over the case and shall remand the
case to the justice or municipal court for execution of the
sentence.
(c) The amount of an appeal bond may not be less than the
greater of:
(1) twice the amount of the fine and costs adjudged
against the defendant; or
(2) $50.
(d) If an appeal bond otherwise meets the requirements of
this code, the court, without requiring a court appearance by the
defendant, shall approve the appeal bond in the amount the court
notified the defendant would be approved under Article 27.14(b).
(e) An appeal bond must be made payable to the State of Texas
and must:
(1) state that the defendant was convicted in the case
and has appealed; and
(2) be conditioned on the defendant:
(A) making a personal appearance before the court
to which the appeal is taken:
(i) immediately, if the court is in
session; or
(ii) if the court is not in session, at the
next regular term of the court, provided that the bond states the
time and place of that session; and
(B) remaining at the court from day to day and
term to term to answer in the case. (Code Crim. Proc., Arts.
45.0425(a) (part), (b), 45.0426(a), (b).)
Art. 45A.204. EFFECT OF APPEAL. All further proceedings in
the case in the justice or municipal court must cease when a
defendant files the appeal bond required by law with the justice or
municipal court. (Code Crim. Proc., Art. 45.043.)
SUBCHAPTER F. JUDGMENT, FINES, AND COSTS
Art. 45A.251. JUDGMENT. (a) The judgment and sentence for
a conviction in a criminal action before a justice or judge is that
the defendant pay the amount of the fine and costs to the state.
(b) Subject to Articles 45A.253(a) and (b) and Article
45A.257, the justice or judge may direct the defendant:
(1) to pay:
(A) the entire fine and costs when the sentence
is pronounced;
(B) the entire fine and costs at a later date; or
(C) a specified portion of the fine and costs at
designated intervals;
(2) if applicable, to make restitution to a victim of
the offense; and
(3) to satisfy any other sanction authorized by law.
(c) Restitution made under Subsection (b)(2) may not exceed
$5,000 for an offense under Section 32.41, Penal Code.
(d) The justice or judge shall credit the defendant for time
served in jail as provided by Article 42.03. The credit under this
subsection shall be applied to the amount of the fine and costs at
the rate provided by Article 45A.262.
(e) In addition to credit under Subsection (d), in imposing
a fine and costs in a case involving a misdemeanor punishable by
fine only, the justice or judge shall credit the defendant for any
period the defendant was confined in jail or prison while serving a
sentence for another offense if that confinement occurred after the
commission of the misdemeanor. The credit under this subsection
shall be applied to the amount of the fine and costs at the rate of
not less than $150 for each day of confinement.
(f) All judgments, sentences, and final orders of the
justice or judge shall be imposed in open court. (Code Crim. Proc.,
Arts. 45.041(a), (b), (b-1), (c), (c-1), (d).)
Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR
COSTS. (a) Notwithstanding any other provision of this article,
Article 45A.251, or Article 45A.253, during or immediately after
imposing a sentence in a case in which the defendant entered a plea
in open court as provided by Article 27.14(a) or 27.16(a), the
justice or judge shall inquire whether the defendant has sufficient
resources or income to immediately pay all or part of the fine and
costs.
(b) If the justice or judge determines that the defendant
does not have sufficient resources or income to immediately pay all
or part of the fine and costs, the justice or judge shall determine
whether the fine and costs should be:
(1) subject to Article 45A.253(a), required to be paid
at a later date or in a specified portion at designated intervals;
(2) discharged by performing community service under,
as applicable, Article 45A.254, 45A.459, or 45A.460;
(3) waived in full or in part under Article 45A.257; or
(4) satisfied through any combination of methods under
Subdivision (1), (2), or (3). (Code Crim. Proc., Art. 45.041(a-1).)
Art. 45A.253. DISCHARGING FINES OR COSTS. (a) In imposing
a fine and costs, the justice or judge shall allow the defendant to
pay the fine and costs in specified portions at designated
intervals if the justice or judge determines that the defendant is
unable to immediately pay the fine and costs.
(b) A judge may allow a defendant who is a child, as defined
by Article 45A.453(a), to elect at the time of conviction, as
defined by Section 133.101, Local Government Code, to discharge the
fine and costs by:
(1) performing community service or receiving
tutoring under Article 45A.460, regardless of whether the
applicable offense occurred at a location specified by Subsection
(a) of that article; or
(2) paying the fine and costs in a manner described by
Article 45A.251(b).
(c) The defendant must make the election under Subsection
(b) in writing. The defendant and, if present, the defendant's
parent, guardian, or managing conservator must sign the election.
The court shall maintain the written election as a record of the
court and provide a copy to the defendant.
(d) Notwithstanding Article 45A.252 or any other provision
of this chapter, in imposing a fine and costs, the justice or judge
may not require a defendant who is under the conservatorship of the
Department of Family and Protective Services or in extended foster
care as provided by Subchapter G, Chapter 263, Family Code, to pay
any amount of the fine and costs. In lieu of the payment of fine and
costs, the justice or judge may require the defendant to perform
community service as provided by Article 45A.254, 45A.459, or
45A.460, as appropriate. (Code Crim. Proc., Arts. 45.041(b-2),
(b-3), (b-4), (b-5), (b-6).)
Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR COSTS.
(a) A justice or judge may require a defendant who fails to pay a
previously assessed fine or cost, or who is determined by the court
to have insufficient resources or income to pay a fine or cost, to
discharge all or part of the fine or cost by performing community
service.
(b) An order requiring a defendant to perform community
service under this article must specify:
(1) the number of hours of community service the
defendant is required to perform; and
(2) the date by which the defendant must submit to the
court documentation verifying that the defendant completed the
community service.
(c) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides to the general public services that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(d) A justice or judge may not order a defendant to perform
more than 16 hours each week of community service under this article
unless the justice or judge determines that requiring the defendant
to perform additional hours does not impose an undue hardship on the
defendant or the defendant's dependents.
(e) A defendant is considered to have discharged not less
than $100 of fines or costs for each eight hours of community
service performed under this article.
(f) A defendant may discharge an obligation to perform
community service under this article by paying at any time the fine
and costs assessed.
(g) A community supervision and corrections department or a
court-related services office may provide the administrative and
other services necessary to supervise a defendant required to
perform community service under this article.
(h) An entity that accepts a defendant to perform community
service under this article must agree to:
(1) supervise, either on-site or remotely, the
defendant in the performance of the defendant's community service;
and
(2) report on the defendant's community service to the
justice or judge who ordered the service.
(i) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant to perform community service under this article is not
liable for damages arising from an act or failure to act in
connection with the community service if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others. (Code Crim. Proc., Arts.
45.049(a), (b), (c), (c-1), (d), (e), (f), (i).)
Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES INVOLVING
DEFERRED DISPOSITION. (a) This article applies only to a defendant
who is a resident of this state and who is charged with:
(1) a traffic offense; or
(2) an offense under Section 106.05, Alcoholic
Beverage Code.
(b) If under Article 45A.303(b)(10) the judge requires a
defendant described by Subsection (a) to perform community service
as a condition of the deferral, the defendant is entitled to elect
whether to perform the required service in the county in which:
(1) the court is located; or
(2) the defendant resides, but only if the applicable
entity agrees to:
(A) supervise, either on-site or remotely, the
defendant in the performance of the defendant's community service;
and
(B) report to the court on the defendant's
community service.
(c) If a defendant described by Subsection (a)(2) elects to
perform the required community service in the county in which the
defendant resides under Subsection (b)(2), the community service
must comply with Sections 106.071(d) and (e), Alcoholic Beverage
Code, except that if the educational programs or services described
by Section 106.071(e) are not available in the county of the
defendant's residence, the court may order community service that
the court considers appropriate for rehabilitative purposes. (Code
Crim. Proc., Arts. 45.049(g), (h).)
Art. 45A.256. FORFEITURE OF CASH BOND TO SATISFY FINES AND
COSTS; MOTION FOR NEW TRIAL. (a) A justice or judge may enter a
judgment of conviction and forfeit a cash bond posted by the
defendant to satisfy the defendant's fine and costs if the
defendant:
(1) has entered a written and signed plea of nolo
contendere and a waiver of jury trial; and
(2) fails to appear according to the conditions of the
defendant's release.
(b) A justice or judge who enters a judgment of conviction
and forfeiture of bond under Subsection (a) shall immediately
notify the defendant in writing, by regular mail addressed to the
defendant at the defendant's last known address, that:
(1) a judgment of conviction and forfeiture of bond
was entered against the defendant on a specified date and the
forfeiture satisfies the defendant's fine and costs in the case;
and
(2) the defendant has a right to a new trial in the
case if the defendant applies for the new trial not later than the
10th day after the date of judgment and forfeiture.
(c) Notwithstanding Article 45A.201, the defendant may file
a motion for a new trial within the period provided by Subsection
(b), and the court shall grant the motion if the motion is made
within that period. On the new trial, the court shall permit the
defendant to withdraw the previously entered plea of nolo
contendere and waiver of jury trial. (Code Crim. Proc., Art.
45.044.)
Art. 45A.257. WAIVER OF PAYMENT OF FINES AND COSTS. (a) A
municipal court, regardless of whether the court is a court of
record, or a justice court may waive payment of all or part of a fine
imposed on a defendant if the court determines that:
(1) the defendant:
(A) is indigent or does not have sufficient
resources or income to pay all or part of the fine; or
(B) was, at the time the offense was committed, a
child as defined by Article 45A.453(a); and
(2) discharging the fine under Article 45A.254 or as
otherwise authorized by this chapter would impose an undue hardship
on the defendant.
(b) A municipal court, regardless of whether the court is a
court of record, or a justice court may waive payment of all or part
of the costs imposed on a defendant if the court determines that the
defendant:
(1) is indigent or does not have sufficient resources
or income to pay all or part of the costs; or
(2) was, at the time the offense was committed, a child
as defined by Article 45A.453(a).
(c) A defendant is presumed to be indigent or to not have
sufficient resources or income to pay all or part of the fines or
costs for purposes of Subsection (a) or (b) if the defendant:
(1) is in the conservatorship of the Department of
Family and Protective Services, or was in the conservatorship of
that department at the time of the offense; or
(2) is designated, or was designated at the time of the
offense, as a homeless child or youth or an unaccompanied youth, as
those terms are defined by 42 U.S.C. Section 11434a.
(d) A determination of undue hardship made under Subsection
(a)(2) is in the court's discretion. In making that determination,
the court may consider, as applicable, the defendant's:
(1) significant physical or mental impairment or
disability;
(2) pregnancy and childbirth;
(3) substantial family commitments or
responsibilities, including child or dependent care;
(4) work responsibilities and hours;
(5) transportation limitations;
(6) homelessness or housing insecurity; and
(7) any other factor the court determines relevant.
(Code Crim. Proc., Art. 45.0491.)
Art. 45A.258. RECONSIDERATION OF SATISFACTION OF FINES OR
COSTS. (a) If the defendant notifies the justice or judge that the
defendant has difficulty paying the fine and costs in compliance
with the judgment, the justice or judge shall hold a hearing to
determine whether the judgment imposes an undue hardship on the
defendant.
(b) For purposes of Subsection (a), a defendant may notify
the justice or judge by:
(1) voluntarily appearing and informing the justice or
judge or the clerk of the court in the manner established by the
justice or judge for that purpose;
(2) filing a motion with the justice or judge;
(3) mailing a letter to the justice or judge; or
(4) any other method established by the justice or
judge for that purpose.
(c) If the justice or judge determines at a hearing under
Subsection (a) that the judgment imposes an undue hardship on the
defendant, the justice or judge shall consider whether to allow the
defendant to satisfy the fine and costs through one or more methods
listed under Article 45A.252.
(d) The justice or judge may decline to hold a hearing under
Subsection (a) if the justice or judge:
(1) previously held a hearing under that subsection
with respect to the case and is able to determine without holding a
hearing that the judgment does not impose an undue hardship on the
defendant; or
(2) is able to determine without holding a hearing
that:
(A) the judgment imposes an undue hardship on the
defendant; and
(B) the fine and costs should be satisfied
through one or more methods listed under Article 45A.252.
(e) The justice or judge retains jurisdiction for the
purpose of making a determination under this article. (Code Crim.
Proc., Art. 45.0445.)
Art. 45A.259. CAPIAS PRO FINE. (a) If the defendant is not
in custody when the judgment is imposed or if the defendant fails to
satisfy the judgment according to the terms of the judgment, the
court may order a capias pro fine, as defined by Article 43.015,
issued for the defendant's arrest.
(b) The capias pro fine ordered under Subsection (a) must:
(1) state the amount of the judgment and sentence; and
(2) command the appropriate peace officer to:
(A) bring the defendant before the court
immediately; or
(B) place the defendant in jail until the first
business day following the date of the defendant's arrest if the
defendant cannot be brought before the court immediately.
(c) If the court that issued the capias pro fine is
unavailable, the arresting officer may, in lieu of placing the
defendant in jail, take the defendant to:
(1) a justice court or county criminal law magistrate
court with jurisdiction over Class C misdemeanors that is located
in the same county, if the court that issued the capias pro fine was
a justice court; or
(2) a municipal court that is located in the same
municipality, if the court that issued the capias pro fine was a
municipal court.
(d) The court may not issue a capias pro fine for the
defendant's failure to satisfy the judgment according to the terms
of the judgment unless the court holds a hearing to determine
whether the judgment imposes an undue hardship on the defendant and
the defendant fails to:
(1) appear at the hearing; or
(2) comply with an order issued under Subsection (f)
as a result of the hearing.
(e) If the justice or judge determines at the hearing under
Subsection (d) that the judgment imposes an undue hardship on the
defendant, the justice or judge shall determine whether the fine
and costs should be satisfied through one or more methods listed
under Article 45A.252. The justice or judge retains jurisdiction
for the purpose of making a determination under this subsection.
(f) If the justice or judge determines at the hearing under
Subsection (d) that the judgment does not impose an undue hardship
on the defendant, the justice or judge shall order the defendant to
comply with the judgment not later than the 30th day after the date
that determination is made.
(g) The court shall recall a capias pro fine if, before the
capias pro fine is executed, the defendant:
(1) provides notice to the justice or judge under
Article 45A.258 and a hearing is set under that article; or
(2) voluntarily appears and makes a good faith effort
to resolve the capias pro fine.
(h) A capias pro fine may not be issued for a person
convicted for an offense committed before the person's 17th
birthday unless:
(1) the person is 17 years of age or older;
(2) the court finds that the issuance of the capias pro
fine is justified after considering:
(A) the sophistication and maturity of the
person;
(B) the criminal record and history of the
person; and
(C) the reasonable likelihood of bringing about
the discharge of the judgment through the use of procedures and
services currently available to the court; and
(3) the court has proceeded under Article 45A.461 to
compel the person to discharge the judgment.
(i) This article does not limit the authority of a court to
order a child taken into custody under Article 45A.453 or 45A.455.
(Code Crim. Proc., Arts. 45.045(a), (a-1) as added Acts 84th Leg.,
R.S., Ch. 1171, (a-2), (a-3), (a-4), (a-5), (b), (c).)
Art. 45A.260. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE.
If the justice or judge determines that requiring a defendant to
appear before the justice or judge in person for a hearing under
Article 45A.258 or 45A.259 would impose an undue hardship on the
defendant, the justice or judge may allow the defendant to appear by
telephone or videoconference. (Code Crim. Proc., Art. 45.0201.)
Art. 45A.261. COMMITMENT. (a) If a judgment and sentence
have been entered against a defendant and the defendant defaults in
the discharge of the judgment, the judge may order the defendant
confined in jail until discharged by law if the judge 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 or costs; or
(2) the defendant is indigent and:
(A) has failed to make a good faith effort to
discharge the fines or costs under Article 45A.254; and
(B) could have discharged the fines or costs
under Article 45A.254 without experiencing any undue hardship.
(b) A certified copy of the judgment, sentence, and order is
sufficient to authorize confinement under Subsection (a).
(c) For purposes of a hearing described by Subsection (a), 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.
(d) For purposes of a hearing described by Subsection (a),
if the court that issued the capias pro fine is unavailable, the
following may conduct the hearing:
(1) a justice court or county criminal law magistrate
court with jurisdiction over Class C misdemeanors that is located
in the same county as the issuing court, if the issuing court was a
justice court; or
(2) a municipal court that is located in the same
municipality as the issuing court, if the issuing court was a
municipal court. (Code Crim. Proc., Arts. 45.046(a), (b), (c), (d)
as added Acts 84th Leg., R.S., Ch. 1171.)
Art. 45A.262. DISCHARGED FROM JAIL. (a) A defendant placed
in jail due to failure to pay the fine and costs shall be discharged
on habeas corpus by showing that the defendant:
(1) is indigent and cannot pay the fine and costs; or
(2) has remained in jail for a cumulative period that
is sufficient to satisfy the fine and costs, at the rate of not less
than $150 for each separate period served, as specified by the
convicting court in the judgment in the case.
(b) A convicting court may specify a period that is not less
than eight hours or more than 24 hours as the period for which a
defendant who fails to pay the fine and costs in the case must
remain in jail to satisfy $150 of the fine and costs. (Code Crim.
Proc., Art. 45.048.)
Art. 45A.263. CIVIL COLLECTION OF FINES AND COSTS AFTER
JUDGMENT. If, after a judgment and sentence is entered, the
defendant defaults in payment of a fine, the justice or judge may
order the fine and costs collected by execution against the
defendant's property in the same manner as a judgment in a civil
suit. (Code Crim. Proc., Art. 45.047.)
Art. 45A.264. COLLECTION OF FINES AND COSTS BY
MUNICIPALITY. (a) The governing body of each municipality shall by
ordinance prescribe rules as proper to enforce the collection of
fines imposed by a municipal court.
(b) In addition to any other method of enforcement, the
municipality may enforce the collection of fines by:
(1) execution against the property of the defendant;
or
(2) confinement of the defendant.
(c) The governing body of a municipality may adopt rules
concerning the practice and procedure in the municipal court that
the governing body considers proper.
(d) After notice, the governing body of a municipality may
by ordinance prescribe the collection of a fine not to exceed $25
for an offense under Section 38.10(e), Penal Code, or Section
543.009, Transportation Code. Money collected from the fine shall
be paid into the municipal treasury for the use and benefit of the
municipality.
(e) Costs may not be imposed or collected in criminal cases
in municipal court by municipal ordinance. (Code Crim. Proc., Art.
45.203.)
SUBCHAPTER G. DEFERRED DISPOSITION
Art. 45A.301. APPLICABILITY. This subchapter does not
apply to:
(1) an offense to which Section 542.404,
Transportation Code, applies; or
(2) a violation of a state law or local ordinance
relating to motor vehicle control, other than a parking violation,
committed by a person who:
(A) holds a commercial driver's license; or
(B) held a commercial driver's license when the
offense was committed. (Code Crim. Proc., Art. 45.051(f).)
Art. 45A.302. DEFERRED DISPOSITION. (a) On a plea of
guilty or nolo contendere by a defendant or on a finding of guilt in
a misdemeanor case punishable by fine only and payment of all court
costs, a judge may defer further proceedings for a period not to
exceed 180 days without entering an adjudication of guilt.
(b) In issuing the order of deferral, the judge may impose a
fine on the defendant in an amount not to exceed the amount of the
fine that could be imposed on the defendant as punishment for the
offense.
(c) The fine described by Subsection (b) may be collected at
any time before the date on which the period of deferral ends. A
judge who orders the collection of the fine must require that the
amount of the fine be credited toward the payment of the amount of
any fine imposed by the judge as punishment for the offense.
(d) The judge may elect not to impose the fine for good cause
shown by the defendant.
(e) An order of deferral under this article terminates any
liability under a bond given for the charge. (Code Crim. Proc.,
Art. 45.051(a).)
Art. 45A.303. DEFERRED DISPOSITION REQUIREMENTS. (a)
Notwithstanding any other law, as an alternative to requiring a
defendant charged with one or more offenses to pay all fines and
court costs as required by Article 45A.302, the judge may:
(1) allow the defendant to enter into an agreement to
pay those fines and costs in installments during the defendant's
period of deferral;
(2) require an eligible defendant to discharge all or
part of those fines and costs by performing community service or
attending a tutoring program under Article 45A.254 or 45A.460;
(3) waive all or part of those fines and costs under
Article 45A.257; or
(4) take any combination of actions authorized by
Subdivision (1), (2), or (3).
(b) During the deferral period, the judge may require the
defendant to:
(1) secure payment of the fine by posting a bond in
the amount of the fine assessed as punishment for the offense;
(2) pay restitution to the victim of the offense in an
amount not to exceed the amount of the fine assessed as punishment
for the offense;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a
controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) successfully complete an alcohol or drug abuse
treatment or education program, such as:
(A) a drug education program that is designed to
educate persons on the dangers of drug abuse in accordance with
Section 521.374(a)(1), Transportation Code, and that is regulated
by the Texas Department of Licensing and Regulation under Chapter
171, Government Code; or
(B) an alcohol awareness program described by
Section 106.115, Alcoholic Beverage Code, that is regulated by the
Texas Department of Licensing and Regulation under Chapter 171,
Government Code;
(7) pay the costs of any diagnostic testing,
psychosocial assessment, or treatment or education program
participation as reimbursement fees:
(A) directly; or
(B) through the court as court costs;
(8) complete a driving safety course approved under
Chapter 1001, Education Code, or another course as directed by the
judge;
(9) present to the court satisfactory evidence that
the defendant has complied with each requirement imposed by the
judge under this subchapter; and
(10) comply with any other reasonable condition.
(c) A judge who requires a defendant to successfully
complete an alcohol awareness program or drug education program as
described by Subsection (b)(6) shall require the defendant to pay a
reimbursement fee for the cost of the program, unless the judge
determines that the defendant is indigent and unable to pay the
cost.
(d) The judge may allow the defendant to pay the fee
described by Subsection (c) in installments during the deferral
period. (Code Crim. Proc., Arts. 45.051(a-1), (b), (g).)
Art. 45A.304. DEFERRED DISPOSITION REQUIREMENTS: MOVING
VIOLATION COMMITTED BY YOUNG DEFENDANT. (a) This article applies
to a defendant who:
(1) is younger than 25 years of age; and
(2) committed a traffic offense classified as a moving
violation.
(b) Notwithstanding Article 45A.303(b)(8), during a
deferral period ordered under this subchapter, the judge shall
require that a defendant described by Subsection (a):
(1) complete a driving safety course approved under
Chapter 1001, Education Code; and
(2) if the defendant holds a provisional license, be
examined by the Department of Public Safety as required by Section
521.161(b)(2), Transportation Code.
(c) A defendant remains subject to the examination required
by Subsection (b)(2) regardless of whether the defendant was
examined previously.
(d) A defendant examined as required by Subsection (b)(2)
must pay a $10 reimbursement fee for the examination.
(e) The reimbursement fee collected under Subsection (d)
must be deposited to the credit of a special account in the general
revenue fund and may be used only by the Department of Public Safety
for the administration of Chapter 521, Transportation Code. (Code
Crim. Proc., Arts. 45.051(b-1), (b-2), (b-3).)
Art. 45A.305. DISMISSAL OF COMPLAINT ON COMPLIANCE WITH
JUDICIAL REQUIREMENTS. (a) On determining that the defendant has
complied with the requirements imposed by the judge under this
subchapter, the judge shall dismiss the complaint.
(b) If a complaint is dismissed under Subsection (a), there
is not a final conviction and the complaint may not be used against
the person for any purpose.
(c) The docket must clearly note that the judge dismissed
the complaint and that there is not a final conviction.
(d) Records relating to a complaint dismissed as provided by
Subsection (a) may be expunged under Subchapter A, B, or C, Chapter
55A. (Code Crim. Proc., Arts. 45.051(c), (e).)
Art. 45A.306. SHOW CAUSE HEARING ON FAILURE TO COMPLY WITH
JUDICIAL REQUIREMENTS. If the defendant fails to present within
the deferral period satisfactory evidence of compliance with the
requirements imposed by the judge under this subchapter, the court
shall:
(1) notify the defendant in writing, mailed to the
address on file with the court or appearing on the notice to appear,
of that failure; and
(2) require the defendant to appear at the time and
place stated in the notice to show cause why the order of deferral
should not be revoked. (Code Crim. Proc., Art. 45.051(c-1).)
Art. 45A.307. JUDICIAL ACTIONS ON SHOW CAUSE HEARING. (a)
On the defendant's showing of good cause for failure to present
satisfactory evidence of compliance with the requirements imposed
by the judge under this subchapter, the court may allow an
additional period during which the defendant may present evidence
of the defendant's compliance with the requirements.
(b) Except as provided by Subsection (c), if on the date of a
show cause hearing under Article 45A.306 or, if applicable, by the
conclusion of an additional period provided under Subsection (a),
the defendant does not present satisfactory evidence that the
defendant complied with the requirements imposed by the judge under
this subchapter, the judge may impose the fine assessed or a lesser
fine. The imposition of the fine or lesser fine constitutes a final
conviction of the defendant.
(c) If the defendant was required to complete a driving
safety course or an examination under Article 45A.304(b) and on the
date of a show cause hearing under Article 45A.306 or, if
applicable, by the conclusion of an additional period provided
under Subsection (a), the defendant does not present satisfactory
evidence that the defendant completed that course or examination,
the judge shall impose the fine assessed. The imposition of the
fine constitutes a final conviction of the defendant. (Code Crim.
Proc., Arts. 45.051(c-2), (d) (part), (d-1).)
SUBCHAPTER H. DRIVING SAFETY OR MOTORCYCLE OPERATOR COURSE
DISMISSAL
Art. 45A.351. APPLICABILITY. (a) Except as provided by
Subsections (b) and (c), this subchapter applies only to an alleged
offense that:
(1) is within the jurisdiction of a justice or
municipal court;
(2) involves the operation of a motor vehicle; and
(3) is defined by:
(A) Section 472.022, Transportation Code;
(B) Subtitle C, Title 7, Transportation Code; or
(C) Section 729.001(a)(3), Transportation Code.
(b) If the defendant is younger than 25 years of age, this
subchapter applies to any alleged offense that:
(1) is within the jurisdiction of a justice or
municipal court;
(2) involves the operation of a motor vehicle; and
(3) is classified as a moving violation.
(c) This subchapter does not apply to an offense committed
by a person who:
(1) holds a commercial driver's license; or
(2) held a commercial driver's license when the
offense was committed. (Code Crim. Proc., Arts. 45.0511(a), (a-1),
(s); New.)
Art. 45A.352. DRIVING SAFETY OR MOTORCYCLE OPERATOR
TRAINING COURSE COMPLETION. (a) The judge shall require a
defendant to successfully complete a driving safety course approved
by the Texas Department of Licensing and Regulation or a course
under the motorcycle operator training and safety program approved
by the designated state agency under Chapter 662, Transportation
Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this
subchapter;
(2) the defendant:
(A) has a Texas driver's license or permit; or
(B) is a member, or the spouse or dependent child
of a member, of the United States military forces serving on active
duty;
(3) either:
(A) the defendant has not completed an approved
driving safety course or motorcycle operator training course, as
appropriate, within the 12-month period preceding the date of the
offense; or
(B) the defendant:
(i) does not have a Texas driver's license
or permit;
(ii) is a member, or the spouse or dependent
child of a member, of the United States military forces serving on
active duty; and
(iii) has not completed a driving safety
course or motorcycle operator training course, as appropriate, in
another state within the 12-month period preceding the date of the
offense;
(4) on or before the answer date on the notice to
appear, the defendant enters, under Article 45A.151(a), a plea of
nolo contendere or guilty in person or in writing and:
(A) presents in person or by counsel to the court
a request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(5) the defendant is charged with an offense to which
this subchapter applies, other than speeding at a speed of:
(A) 95 miles per hour or more; or
(B) 25 miles per hour or more over the posted
speed limit; and
(6) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code.
(b) The court may dismiss only one charge for each
completion of a course described by Subsection (a).
(c) Notwithstanding Subsections (a)(3) and (4), before the
final disposition of the case, the court may grant a request to take
a driving safety course or a motorcycle operator training course
under this subchapter.
(d) A request to take a driving safety course or motorcycle
operator training course made at or before the time and at the place
at which a defendant is required to appear in court is an appearance
in compliance with the defendant's promise to appear. (Code Crim.
Proc., Arts. 45.0511(b), (d), (e), (m).)
Art. 45A.353. CERTAIN DEFENDANTS ENTITLED TO COMPLETE
DRIVING SAFETY OR MOTORCYCLE OPERATOR TRAINING COURSE. The court
shall advise a defendant charged with a misdemeanor under Section
472.022, Transportation Code, Subtitle C, Title 7, Transportation
Code, or Section 729.001(a)(3), Transportation Code, committed
while operating a motor vehicle of the defendant's right under this
subchapter to successfully complete a driving safety course or, if
the offense was committed while operating a motorcycle, a
motorcycle operator training course. The right to complete a
course does not apply to a defendant charged with:
(1) a violation of Section 545.066, 550.022, or
550.023, Transportation Code;
(2) a serious traffic violation; or
(3) an offense to which Section 542.404,
Transportation Code, applies. (Code Crim. Proc., Art. 45.0511(p).)
Art. 45A.354. CONTENT OF NOTICE TO APPEAR. (a) A notice to
appear issued for an offense to which this subchapter applies must
inform a defendant charged with an offense under Section 472.022,
Transportation Code, an offense under Subtitle C, Title 7,
Transportation Code, or an offense under Section 729.001(a)(3),
Transportation Code, committed while operating a motor vehicle of
the defendant's right to complete a driving safety course or, if the
offense was committed while operating a motorcycle, of the
defendant's right to complete a motorcycle operator training
course. The notice required by this subsection must read
substantially as follows:
"You may be able to require that this charge be dismissed by
successfully completing a driving safety course or a motorcycle
operator training course. You will lose that right if, on or before
your appearance date, you do not provide the court with notice of
your request to take the course."
(b) If the notice required by Subsection (a) is not provided
to the defendant charged with the offense, the defendant may
continue to exercise the defendant's right to take a driving safety
course or a motorcycle operator training course until the notice
required by Subsection (a) is provided to the defendant or there is
a final disposition of the case. (Code Crim. Proc., Arts.
45.0511(q), (r).)
Art. 45A.355. EXTENSION FOR GOOD CAUSE. On a defendant's
showing of good cause for failure to provide evidence to the court,
the court may allow an additional period during which the defendant
may present:
(1) a uniform certificate of course completion as
evidence that the defendant successfully completed the driving
safety course; or
(2) a verification of course completion as evidence
that the defendant successfully completed the motorcycle operator
training course. (Code Crim. Proc., Art. 45.0511(k).)
Art. 45A.356. JUDICIAL ACTIONS FOLLOWING PLEA; SHOW CAUSE
HEARING. (a) The court shall enter judgment on a defendant's plea
of nolo contendere or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant a 90-day period
to successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) unless the judge proceeds under Article 45A.359,
the defendant's driving record as maintained by the Department of
Public Safety, if any, showing that the defendant has not completed
an approved driving safety course or motorcycle operator training
course, as applicable, within the 12-month period preceding the
date of the offense;
(3) an affidavit stating that the defendant:
(A) was not taking a driving safety course or
motorcycle operator training course, as applicable, under this
subchapter on the date the request to take the course was made; and
(B) has not completed, within the 12-month period
preceding the date of the offense, a course described by Paragraph
(A) that is not shown on the defendant's driving record; and
(4) if the defendant does not have a Texas driver's
license or permit and is a member, or the spouse or dependent child
of a member, of the United States military forces serving on active
duty, an affidavit stating that the defendant:
(A) was not taking a driving safety course or
motorcycle operator training course, as applicable, in another
state on the date the request to take the course was made; and
(B) has not completed a course described by
Paragraph (A) within the 12-month period preceding the date of the
offense.
(b) If the judge proceeds under Article 45A.359 and the copy
of the defendant's driving record provided to the judge under
Subsection (c) of that article shows that the defendant has not
completed an approved driving safety course or motorcycle operator
training course, as applicable, within the 12-month period
preceding the date of the offense, the judge shall allow the
defendant to complete the appropriate course as provided by this
article.
(c) If a defendant satisfies the requirements of Subsection
(a), the court shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Department of Public Safety
for inclusion in the defendant's driving record; and
(3) state in the report under Subdivision (2) whether
the course was taken under this subchapter to provide information
necessary to determine eligibility to take a subsequent course
under Article 45A.352(a).
(d) An order of deferral under Subsection (a) terminates any
liability under a bond given for the charge.
(e) If a defendant requesting a course under this subchapter
fails to satisfy the requirements of Subsection (a), the court
shall:
(1) notify the defendant in writing, mailed to the
address on file with the court or appearing on the notice to appear,
of that failure; and
(2) require the defendant to appear at the time and
place stated in the notice to show cause why the evidence was not
timely submitted to the court.
(f) If the defendant fails to appear at the time and place
stated in the notice under Subsection (e), or appears at the time
and place stated in the notice but does not show good cause for the
defendant's failure to satisfy the requirements of Subsection (a),
the court shall enter an adjudication of guilt and impose sentence.
(Code Crim. Proc., Arts. 45.0511(c), (c-1) (part), (i), (j), (l),
(t).)
Art. 45A.357. EFFECT OF DISMISSAL OR COURSE COMPLETION.
(a) A charge that is dismissed under this subchapter may not be
part of a person's driving record or used for any purpose.
(b) An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
the premium charged an insured under the policy because the
insured:
(1) completed a driving safety course or a motorcycle
operator training course; or
(2) had a charge dismissed under this subchapter.
(Code Crim. Proc., Arts. 45.0511(n), (o).)
Art. 45A.358. ADDITIONAL FINES AND FEES RELATING TO COURSE
REQUEST. (a) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may:
(1) require a defendant requesting a driving safety
course or motorcycle operator training course under Article
45A.352(a) to pay a reimbursement fee in an amount of not more than
$10 to cover the cost of administering this subchapter; or
(2) require a defendant requesting a driving safety
course or motorcycle operator training course under Article
45A.352(c) to pay a fine set by the court in an amount not to exceed
the maximum amount of the fine for the offense committed by the
defendant.
(b) A defendant who requests but does not take a driving
safety course or motorcycle operator training course is not
entitled to a refund of the reimbursement fee or fine assessed under
Subsection (a).
(c) Money collected by a municipal court shall be deposited
in the municipal treasury. Money collected by another court shall
be deposited in the county treasury of the county in which the court
is located. (Code Crim. Proc., Arts. 45.0511(f), (g), (h).)
Art. 45A.359. DRIVING RECORD RETRIEVAL AND RELATED FEE.
(a) In this article, "state electronic Internet portal" has the
meaning assigned by Section 2054.003, Government Code.
(b) As an alternative to receiving the defendant's driving
record under Article 45A.356(a)(2), the judge, at the time the
defendant requests a driving safety course or motorcycle operator
training course dismissal under this subchapter, may:
(1) require the defendant to pay a reimbursement fee
in an amount equal to the sum of the amount of:
(A) the fee established by Section 521.048,
Transportation Code; and
(B) the state electronic Internet portal fee; and
(2) use the state electronic Internet portal to
request that the Department of Public Safety provide the judge with
a copy of the defendant's driving record showing the information
described by Section 521.047(b), Transportation Code.
(c) As soon as practicable, the Department of Public Safety
shall use the state electronic Internet portal to provide the judge
with the requested copy of the defendant's driving record.
(d) The reimbursement fee authorized by Subsection (b) is in
addition to any other fee required under this subchapter.
(e) The custodian of a municipal or county treasury who
receives reimbursement fees collected under this article shall keep
a record of the fees and, without deduction or proration, forward
the fees to the comptroller with and in the manner required for
other fees and costs received in connection with criminal cases.
(f) The comptroller shall credit fees collected under
Subsection (e) to the Department of Public Safety. (Code Crim.
Proc., Art. 45.0511(c-1) (part).)
SUBCHAPTER I. OTHER DISMISSALS
Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION
OF TEEN COURT PROGRAM. (a) This article applies only to a
defendant who is:
(1) younger than 18 years of age; or
(2) enrolled full time in an accredited secondary
school in a program leading toward a high school diploma.
(b) A justice or municipal court may defer proceedings
against a defendant described by Subsection (a) for a period not to
exceed 180 days if the defendant:
(1) is charged with an offense that the court has
jurisdiction of under Article 4.11 or 4.14;
(2) with the defendant's parent, guardian, or managing
conservator present, pleads nolo contendere or guilty to the
offense in open court;
(3) presents to the court an oral or written request to
attend a teen court program or is recommended to attend the program
by a school employee under Section 37.146, Education Code; and
(4) has not successfully completed a teen court
program in the year preceding the date that the alleged offense
occurred.
(c) The court must approve the teen court program.
(d) A defendant for whom proceedings are deferred under
Subsection (b) must complete the teen court program not later than
the earlier of:
(1) the 90th day after the date the teen court hearing
to determine punishment is held; or
(2) the last day of the deferral period.
(e) The justice or municipal court shall dismiss the charge
at the time the defendant presents satisfactory evidence that the
defendant has successfully completed the teen court program.
(f) A charge dismissed under this article may not be part of
the defendant's criminal record or driving record or used for any
purpose, except that if the charge was for a traffic offense, the
court shall report to the Department of Public Safety the fact that
the defendant successfully completed the teen court program and the
date of completion for inclusion in the defendant's driving record.
(g) The justice or municipal court may require a defendant
who requests a teen court program to pay a reimbursement fee in an
amount not to exceed $10 that is set by the court to cover the costs
of administering this article. Reimbursement fees collected by a
municipal court shall be deposited in the municipal treasury, and
reimbursement fees collected by a justice court shall be deposited
in the county treasury of the county in which the court is located.
(h) A defendant who requests a teen court program and fails
to complete the program is not entitled to a refund of the
reimbursement fee under Subsection (g).
(i) A court may transfer a case in which proceedings have
been deferred under this article to a court in another county if
that court consents to the transfer and has jurisdiction over the
case.
(j) In addition to the reimbursement fee authorized by
Subsection (g), the court may require a defendant who requests a
teen court program to pay a $10 reimbursement fee to cover the
program's cost for performing duties under this article. The court
shall pay the fee to the teen court program, and the teen court
program must account to the court for the receipt and disbursal of
the fee.
(k) A defendant who pays a fee under Subsection (j) is not
entitled to a refund of the fee, regardless of whether the defendant
successfully completes the teen court program.
(l) A justice or municipal court may exempt a defendant for
whom proceedings are deferred under this article from the
requirement to pay a court cost or fee imposed by another statute.
(m) Notwithstanding Subsection (g) or (j), a justice or
municipal court that is located in the Texas-Louisiana border
region, as defined by Section 2056.002, Government Code, may charge
a reimbursement fee of $20 under those subsections. (Code Crim.
Proc., Art. 45.052.)
Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF
PERSON WITH CHEMICAL DEPENDENCY. (a) On a plea of guilty or nolo
contendere by a defendant or on a finding of guilt in a misdemeanor
case punishable by fine only, a justice or municipal court may defer
further proceedings for a 90-day period without entering an
adjudication of guilt if:
(1) the court finds that the offense resulted from or
was related to the defendant's chemical dependency; and
(2) an application for court-ordered treatment of the
defendant is filed in accordance with Chapter 462, Health and
Safety Code.
(b) At the end of the deferral period, the justice or
municipal court shall dismiss the complaint if satisfactory
evidence is presented that the defendant was committed for and
completed court-ordered treatment in accordance with Chapter 462,
Health and Safety Code. If a complaint is dismissed under this
subsection, there is not a final conviction and the complaint may
not be used against the person for any purpose. The docket must
clearly note that the court dismissed the complaint and that there
is not a final conviction. Records relating to a complaint
dismissed under this subsection may be expunged under Subchapter A,
B, or C, Chapter 55A.
(c) If at the conclusion of the deferral period satisfactory
evidence described by Subsection (b) is not presented, the justice
or municipal court may impose the fine assessed or a lesser fine.
The imposition of the fine constitutes a final conviction of the
defendant. (Code Crim. Proc., Art. 45.053.)
Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO
NONATTENDANCE CHARGE. Notwithstanding any other law, a county,
justice, or municipal court may dismiss a charge against a
defendant alleging the defendant committed an offense under Section
25.093, Education Code, if the court finds that a dismissal would be
in the interest of justice because:
(1) there is a low likelihood of recidivism by the
defendant; or
(2) sufficient justification exists for the failure of
the defendant's child to attend school. (Code Crim. Proc., Art.
45.0531.)
SUBCHAPTER J. CASES INVOLVING JUVENILES
Art. 45A.451. JUVENILE CASE MANAGERS. (a) On approval of
the commissioners court, governing body of a municipality, school
district board of trustees, juvenile board, or other appropriate
authority, a county court, justice court, municipal court, school
district, juvenile probation department, or other appropriate
governmental entity may:
(1) employ a case manager to provide services:
(A) in cases involving juvenile offenders who are
before a court consistent with the court's statutory powers; or
(B) to a juvenile who is referred to a court by a
school administrator or designee for misconduct that would
otherwise be within the court's statutory powers before a case is
filed, with the consent of the juvenile and the juvenile's parents
or guardians;
(2) employ one or more juvenile case managers who:
(A) shall assist the court in administering the
court's juvenile docket and in supervising the court's orders in
juvenile cases; and
(B) may provide:
(i) prevention services to a child
considered at risk of entering the juvenile justice system; and
(ii) intervention services to a juvenile
engaged in misconduct, excluding traffic offenses, if a case has
not yet been filed with respect to the misconduct; or
(3) agree in accordance with Chapter 791, Government
Code, with any appropriate governmental entity to jointly employ a
case manager or to jointly contribute to the costs of a case manager
employed by one governmental entity to provide services described
by Subdivisions (1) and (2).
(a-1) A county or justice court on approval of the
commissioners court or a municipality or municipal court on
approval of the governing body of the municipality may employ one or
more juvenile case managers who:
(1) shall assist the court in administering the
court's juvenile docket and in supervising the court's orders in
juvenile cases; and
(2) may provide:
(A) prevention services to a child considered at
risk of entering the juvenile justice system; and
(B) intervention services to a juvenile engaged
in misconduct, excluding traffic offenses, if a case has not yet
been filed with respect to the misconduct.
(b) A local entity may apply or more than one local entity
may jointly apply to the criminal justice division of the
governor's office for reimbursement of all or part of the costs of
employing one or more juvenile case managers from funds
appropriated to the governor's office or otherwise available for
that purpose.
(c) To be eligible for reimbursement under Subsection (b),
the entity applying must present to the governor's office a
comprehensive plan to reduce juvenile offenses in the entity's
jurisdiction. The plan must address the role of the case manager in
that effort.
(d) An entity that jointly employs a case manager under
Subsection (a)(3) employs a juvenile case manager for purposes of
Chapter 102.
(e) The court or governing body may pay, from the local
truancy prevention and diversion fund established under Section
134.156, Local Government Code:
(1) the salary and benefits of a juvenile case
manager; and
(2) the costs of training, travel, office supplies,
and other necessary expenses relating to the position of the
juvenile case manager.
(f) A juvenile case manager employed under Subsection (a-1)
shall give priority to cases brought under Section 25.093,
Education Code.
(g) The governing body of the employing governmental entity
under Subsection (a) shall adopt reasonable rules for juvenile case
managers that provide for:
(1) a code of ethics and the enforcement of the code of
ethics;
(2) appropriate educational preservice and in-service
training standards for juvenile case managers; and
(3) training in:
(A) the role of the juvenile case manager;
(B) case planning and management;
(C) applicable procedural and substantive law;
(D) courtroom proceedings and presentation;
(E) services to at-risk youth under Subchapter D,
Chapter 264, Family Code;
(F) local programs and services for juveniles and
methods by which juveniles may access those programs and services;
and
(G) detecting and preventing abuse,
exploitation, and neglect of juveniles.
(h) The employing court or governmental entity under this
article shall implement the rules adopted under Subsection (g).
(i) The commissioners court or governing body of the
municipality that administers a local truancy prevention and
diversion fund under Section 134.156, Local Government Code, shall
require periodic review of juvenile case managers to ensure the
implementation of the rules adopted under Subsection (g).
(j) The juvenile case manager shall timely report to the
judge who signed the applicable order or judgment and, on request,
to the judge assigned to the case or the presiding judge any
information or recommendations relevant to assisting the judge in
making decisions that are in the best interest of the child.
(k) The judge who is assigned to the case shall consult with
the juvenile case manager who is supervising the case regarding:
(1) the child's home environment;
(2) the child's developmental, psychological, and
educational status;
(3) the child's previous interaction with the justice
system; and
(4) any sanctions available to the court that would be
in the best interest of the child.
(l) Subsections (j) and (k) do not apply to:
(1) a part-time judge; or
(2) a county judge of a county court that has one or
more appointed full-time magistrates under Section 54.1172,
Government Code. (Code Crim. Proc., Art. 45.056.)
Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT.
(a) This article applies to a defendant who has not had the
disabilities of minority removed and has been:
(1) charged with an offense other than an offense
under Section 43.261, Penal Code, if the defendant is younger than
17 years of age; or
(2) charged with an offense under Section 43.261,
Penal Code, if the defendant is younger than 18 years of age.
(b) The judge or justice shall:
(1) take the defendant's plea in open court; and
(2) issue a summons to compel the defendant's parent,
guardian, or managing conservator to be present during:
(A) the taking of the defendant's plea; and
(B) all other proceedings relating to the case.
(c) If the court is unable to secure the appearance of the
defendant's parent, guardian, or managing conservator by issuing a
summons, the court may, without the defendant's parent, guardian,
or managing conservator present, take the defendant's plea and
proceed against the defendant.
(d) If the defendant resides in a county other than the
county in which the alleged offense occurred, the defendant may,
with approval of the judge of the court of original jurisdiction,
enter a plea, including a plea under Article 45A.401, before a judge
in the county in which the defendant resides.
(e) A justice or municipal court shall endorse on the
summons issued to a parent an order to appear personally at a
hearing with the defendant. The summons must include a warning that
the failure of the parent to appear is a Class C misdemeanor and may
result in arrest. (Code Crim. Proc., Art. 45.0215.)
Art. 45A.453. CHILD TAKEN INTO CUSTODY. (a) In this
article, "child" means a person who is:
(1) at least 10 years of age and younger than 17 years
of age; and
(2) charged with or convicted of an offense that a
justice or municipal court has jurisdiction of under Article 4.11
or 4.14.
(b) A child may be released to the child's parent, guardian,
custodian, or other responsible adult as provided by Section
52.02(a)(1), Family Code, if the child is taken into custody for an
offense that a justice or municipal court has jurisdiction of under
Article 4.11 or 4.14.
(c) A child described by Subsection (b) must be taken only
to a place previously designated by the head of the law enforcement
agency with custody of the child as an appropriate place of
nonsecure custody for children unless the child:
(1) is released under Section 52.02(a)(1), Family
Code; or
(2) is taken before a justice or municipal court.
(d) A place of nonsecure custody for children must be an
unlocked, multipurpose area, such as:
(1) a lobby, office, or interrogation room, if the
area is not designated, set aside, or used as a secure detention
area and is not part of a secure detention area; or
(2) a juvenile processing office designated under
Section 52.025, Family Code, if the area is not locked when the area
is used as a place of nonsecure custody.
(e) The following procedures shall be followed in a place of
nonsecure custody for children:
(1) a child may not be secured physically to a cuffing
rail, chair, desk, or other stationary object;
(2) a child may be held in the nonsecure facility only
for the period necessary to complete:
(A) identification;
(B) investigation;
(C) processing;
(D) release to a parent, guardian, custodian, or
other responsible adult; or
(E) the arranging of transportation to the
appropriate juvenile court, juvenile detention facility, secure
detention facility, justice court, or municipal court;
(3) residential use of the area is prohibited; and
(4) a law enforcement officer or facility staff person
shall provide continuous visual supervision of a child while the
child is in nonsecure custody.
(f) Notwithstanding any other provision of this article, a
child may not be detained in a place of nonsecure custody for a
period of more than six hours.
(g) A child taken into custody for an offense that a justice
or municipal court has jurisdiction of under Article 4.11 or 4.14
may be presented or detained in a detention facility designated by
the juvenile board under Section 52.02(a)(3), Family Code, only if:
(1) the child's case is transferred to the juvenile
court by a justice or municipal court under Section 51.08(b),
Family Code; or
(2) the child is referred to the juvenile court by a
justice or municipal court for contempt of court under Article
45A.461.
(h) Except as provided by Subsection (i) and Section
37.143(a), Education Code, for a traffic offense or an offense
punishable by fine only, a law enforcement officer may issue a
citation as provided by Article 14.06 instead of taking a child into
custody.
(i) A law enforcement officer may issue a citation as
provided by Article 14.06 instead of taking a child into custody for
conduct constituting a violation of Section 49.02, Penal Code, only
if the officer releases the child to the child's parent, guardian,
custodian, or other responsible adult. (Code Crim. Proc., Arts.
45.058(a), (b), (c), (d), (e), (f), (g), (g-1), (h).)
Art. 45A.454. CONDUCT ALLEGED ON SCHOOL PROPERTY. (a) In
this article, "child" has the meaning assigned by Article
45A.453(a).
(b) If a law enforcement officer issues a citation or files
a complaint in the manner provided by Article 45A.101(g) for
conduct by a child 12 years of age or older that is alleged to have
occurred on school property of or on a vehicle owned or operated by
a county or independent school district, the officer shall submit
to the court:
(1) the offense report;
(2) a statement by a witness to the alleged conduct;
and
(3) a statement by a victim of the alleged conduct, if
any.
(c) An attorney representing the state may not proceed in a
trial of an offense unless the law enforcement officer has complied
with the requirements of Subsection (b).
(d) Notwithstanding Article 45A.453(h) or (i), a law
enforcement officer may not issue a citation or file a complaint in
the manner provided by Article 45A.101(g) for conduct by a child
younger than 12 years of age that is alleged to have occurred on
school property of or on a vehicle owned or operated by a county or
independent school district. (Code Crim. Proc., Arts. 45.058(h),
(i), (j).)
Art. 45A.455. CHILD TAKEN INTO CUSTODY FOR VIOLATION OF
JUVENILE CURFEW OR ORDER. (a) In this article, "child" means a
person who is younger than 17 years of age.
(b) A peace officer taking a child into custody for a
violation of a juvenile curfew ordinance of a municipality or order
of the commissioners court of a county shall, without unnecessary
delay:
(1) release the child to the child's parent, guardian,
or custodian;
(2) take the child before a justice or municipal court
to answer the charge; or
(3) take the child to a place designated as a juvenile
curfew processing office by the head of the law enforcement agency
having custody of the child.
(c) A juvenile curfew processing office must observe the
following procedures:
(1) the office must be an unlocked, multipurpose area
that is not designated, set aside, or used as a secure detention
area or part of a secure detention area;
(2) the child may not be secured physically to a
cuffing rail, chair, desk, or stationary object;
(3) the child may not be held for a period longer than
is necessary to complete:
(A) identification;
(B) investigation;
(C) processing;
(D) release to a parent, guardian, or custodian;
or
(E) arrangement of transportation to school or
court;
(4) the office may not be designated or intended for
residential purposes;
(5) a peace officer or other individual shall provide
continuous visual supervision of a child while the child is in the
office; and
(6) a child may not be held in the office for a period
of more than six hours.
(d) A place designated under this article as a juvenile
curfew processing office is not subject to the approval of the
juvenile board having jurisdiction where the governmental entity is
located. (Code Crim. Proc., Art. 45.059; New.)
Art. 45A.456. CONTINUING OBLIGATION TO APPEAR FOR
UNADJUDICATED CHILD, NOW ADULT; OFFENSE. (a) Except as provided by
Articles 45A.453, 45A.454, and 45A.455, an individual may not be
taken into secured custody for offenses alleged to have occurred
before the individual's 17th birthday.
(b) On or after an individual's 17th birthday, if the court
has used all available procedures under this chapter to secure the
individual's appearance to answer allegations made before the
individual's 17th birthday, the court may issue a notice of
continuing obligation to appear, by personal service or by mail, to
the last known address and residence of the individual. The notice
must order the individual to appear at a designated time, place, and
date to answer the allegations detailed in the notice.
(c) Failure to appear as ordered by the notice under
Subsection (b) is a Class C misdemeanor independent of Section
38.10, Penal Code, and Section 543.009, Transportation Code.
(d) It is an affirmative defense to prosecution under
Subsection (c) that the individual was not informed of the
individual's obligation under Articles 45A.457(h) and (i) or did
not receive notice as required by Subsection (b) of this article.
(e) A notice of continuing obligation to appear issued under
this article must contain the following statement provided in
boldfaced type or capital letters:
"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 17TH
BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
FOR YOUR ARREST." (Code Crim. Proc., Art. 45.060.)
Art. 45A.457. FINDING THAT OFFENSE COMMITTED. (a) In this
article:
(1) "Child" has the meaning assigned by Article
45A.453(a).
(2) "Parent" includes a person standing in parental
relation, a managing conservator, or a custodian.
(3) "Residence" means any place where the child lives
or resides for a period of not less than 30 days.
(b) On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1) referring the child or the child's parent for
services under Section 264.302, Family Code;
(2) requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a program for:
(A) rehabilitation;
(B) counseling;
(C) self-esteem and leadership;
(D) work and job skills training;
(E) job interviewing and work preparation;
(F) self-improvement;
(G) parenting;
(H) manners;
(I) violence avoidance;
(J) tutoring;
(K) sensitivity training;
(L) parental responsibility;
(M) community service;
(N) restitution;
(O) advocacy; or
(P) mentoring; or
(3) requiring that the child's parent perform any act
or refrain from performing any act as the court determines will
increase the likelihood that the child will comply with the orders
of the court and that is reasonable and necessary for the welfare of
the child, including:
(A) attend a parenting class or parental
responsibility program; and
(B) attend the child's school classes or
functions.
(c) The justice or municipal court may order the parent of a
child required to attend a program under Subsection (b) to pay an
amount not to exceed $100 for the costs of the program.
(d) A justice or municipal court may require a child or
parent required to attend a program, class, or function under this
article to submit proof of attendance to the court.
(e) A justice or municipal court shall endorse on the
summons issued to a parent an order to appear personally at the
hearing with the child. The summons must include a warning that the
failure of the parent to appear is a Class C misdemeanor and may
result in arrest.
(f) An order under this article involving a child is
enforceable under Article 45A.461.
(g) A person commits an offense if the person is a parent who
fails to attend a hearing under this article after receiving an
order under Subsection (e). An offense under this subsection is a
Class C misdemeanor.
(h) A child and parent required to appear before the court
have an obligation to provide the child's current address and
residence to the court in writing. The obligation does not end when
the child reaches age 17. On or before the seventh day after the
date the child or parent changes residence, the child or parent
shall notify the court of the current address in the manner directed
by the court. A violation of this subsection is a Class C
misdemeanor and may result in arrest. The obligation to provide
notice terminates on discharge and satisfaction of the judgment or
a final disposition not requiring a finding of guilt.
(i) If an appellate court accepts an appeal for a trial de
novo, the child and parent shall provide the notice under
Subsection (h) to the appellate court.
(j) The child and parent are entitled to written notice of
their obligation under Subsections (h) and (i), which may be
satisfied if a copy of those subsections is delivered to the child
and parent by:
(1) the court during their initial appearance before
the court;
(2) a peace officer arresting and releasing a child
under Article 45A.453(b) at the time of release; or
(3) a peace officer who issues a notice to appear under
Section 543.003, Transportation Code, or a citation under Article
14.06(b).
(k) It is an affirmative defense to prosecution under
Subsection (h) that the child and parent were not informed of their
obligation under this article.
(l) Any order under this article is enforceable by the
justice or municipal court by contempt. (Code Crim. Proc., Art.
45.057.)
Art. 45A.458. FINDING OF ELECTRONIC TRANSMISSION OF CERTAIN
VISUAL MATERIAL DEPICTING MINOR. (a) In this article, "parent"
means a natural or adoptive parent, managing or possessory
conservator, or legal guardian. The term does not include a parent
whose parental rights have been terminated.
(b) If a justice or municipal court finds that a defendant
has committed an offense under Section 43.261, Penal Code, the
court may enter an order requiring the defendant to attend and
successfully complete an educational program described by Section
37.218, Education Code, or another equivalent educational program.
(c) A court that enters an order under Subsection (b) shall
require the defendant or the defendant's parent to pay the cost of
attending an educational program under Subsection (b) if the court
determines that the defendant or the defendant's parent is
financially able to pay. (Code Crim. Proc., Art. 45.061.)
Art. 45A.459. COMMUNITY SERVICE TO SATISFY FINES OR COSTS
FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies only to
a defendant younger than 17 years of age who is assessed a fine or
cost for a Class C misdemeanor.
(b) A justice or judge may require a defendant described by
Subsection (a) to discharge all or part of the fine or cost by
performing community service.
(c) An order requiring a defendant to perform community
service under this article must specify:
(1) the number of hours of community service the
defendant is required to perform, not to exceed 200 hours; and
(2) the date by which the defendant must submit to the
court documentation verifying that the defendant completed the
community service.
(d) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides to the general public services that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(e) An entity that accepts a defendant to perform community
service under this article must agree to:
(1) supervise, either on-site or remotely, the
defendant in the performance of the defendant's community service;
and
(2) report on the defendant's community service to the
justice or judge who ordered the service.
(f) A justice or judge may not order a defendant to perform
more than 16 hours of community service each week under this article
unless the justice or judge determines that requiring the defendant
to perform additional hours does not impose an undue hardship on the
defendant or the defendant's family, as defined by Section 71.003,
Family Code.
(g) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant to perform community service under this article is not
liable for damages arising from an act or failure to act in
connection with community service performed by a defendant under
this article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(h) A local juvenile probation department or a
court-related services office may provide the administrative and
other services necessary to supervise a defendant required to
perform community service under this article.
(i) A defendant is considered to have discharged not less
than $100 of fines or costs for each eight hours of community
service performed under this article.
(j) A defendant may discharge an obligation to perform
community service under this article by paying at any time the fine
and costs assessed. (Code Crim. Proc., Art. 45.0492, as added Acts
82nd Leg., R.S., Ch. 777.)
Art. 45A.460. COMMUNITY SERVICE TO SATISFY FINES OR COSTS
FOR CERTAIN JUVENILE DEFENDANTS FOR OFFENSES ON SCHOOL GROUNDS.
(a) This article applies only to a defendant younger than 17 years
of age who is assessed a fine or cost for a Class C misdemeanor
occurring in a building or on the grounds of the primary or
secondary school at which the defendant was enrolled at the time of
the offense.
(b) A justice or judge may require a defendant described by
Subsection (a) to discharge all or part of the fine or cost by
performing community service.
(c) An order requiring a defendant to perform community
service under this article must specify:
(1) the number of hours of community service the
defendant is required to perform; and
(2) the date by which the defendant must submit to the
court documentation verifying that the defendant completed the
community service.
(d) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program;
(G) a tutoring program; or
(H) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides to the general public services that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(e) An entity that accepts a defendant to perform community
service under this article must agree to:
(1) supervise, either on-site or remotely, the
defendant in the performance of the defendant's community service;
and
(2) report on the defendant's community service to the
justice or judge who ordered the service.
(f) A justice or judge may not order a defendant to perform
more than 16 hours of community service each week under this article
unless the justice or judge determines that requiring the defendant
to perform additional hours does not impose an undue hardship on the
defendant or the defendant's family, as defined by Section 71.003,
Family Code.
(g) A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant to perform community service under this article is not
liable for damages arising from an act or failure to act in
connection with community service performed by a defendant under
this article if the act or failure to act:
(1) was performed pursuant to court order; and
(2) was not intentional, grossly negligent, or
performed with conscious indifference or reckless disregard for the
safety of others.
(h) A local juvenile probation department or a
court-related services office may provide the administrative and
other services necessary to supervise a defendant required to
perform community service under this article.
(i) A defendant is considered to have discharged not less
than $100 of fines or costs for each eight hours of community
service performed under this article.
(j) A defendant may discharge an obligation to perform
community service under this article by paying at any time the fine
and costs assessed. (Code Crim. Proc., Art. 45.0492, as added Acts
82nd Leg., R.S., Ch. 227.)
Art. 45A.461. FAILURE TO PAY FINE OR APPEAR. (a) In this
article, "child" has the meaning assigned by Article 45A.453(a).
(b) A justice or municipal court may not order the
confinement of a child for:
(1) the failure to pay all or part of a fine or cost
imposed for the conviction of an offense punishable by fine only;
(2) the failure to appear for an offense committed by
the child; or
(3) contempt of another order of a justice or
municipal court.
(c) If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1) refer the child to the appropriate juvenile court
for delinquent conduct for contempt of the order; or
(2) retain jurisdiction of the case, hold the child in
contempt of court, and order that:
(A) the contemnor pay a fine not to exceed $500;
or
(B) the Department of Public Safety suspend the
contemnor's driver's license or permit or, if the contemnor does not
have a license or permit, deny the issuance of a license or permit
to the contemnor until the contemnor fully complies with the order.
(d) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if:
(1) the person was convicted for an offense committed
before the person's 17th birthday;
(2) the person failed to obey the order while the
person was 17 years of age or older; and
(3) the failure to obey occurred under circumstances
that constitute contempt of court.
(e) A justice or municipal court may hold a person in
contempt and impose a remedy authorized by Subsection (c)(2) if the
person, while younger than 17 years of age, engaged in conduct in
contempt of an order issued by the court, but contempt proceedings
could not be held before the person's 17th birthday.
(f) A justice or municipal court that orders suspension or
denial of a driver's license or permit under Subsection (c)(2)(B)
shall notify the Department of Public Safety on receiving proof of
compliance with the orders of the justice or municipal court.
(g) A justice or municipal court may not refer a person who
violates a court order while 17 years of age or older to a juvenile
court for delinquency proceedings for contempt of court. (Code
Crim. Proc., Art. 45.050.)
Art. 45A.462. CONFIDENTIAL RECORDS RELATED TO CERTAIN
CHARGES AGAINST OR CONVICTIONS OF CHILD. (a) In this article,
"child" has the meaning assigned by Article 45A.453(a).
(b) Except as provided by Article 15.27 and Subsection (c)
of this article, all records and files, including those held by law
enforcement, and information stored by electronic means or
otherwise, from which a record or file could be generated, relating
to a child who is charged with, is convicted of, is found not guilty
of, had a charge dismissed for, or is granted deferred disposition
for a fine-only misdemeanor offense other than a traffic offense
are confidential and may not be disclosed to the public.
(c) Information subject to Subsection (b) may be open to
inspection only by:
(1) a judge or court staff;
(2) a criminal justice agency for a criminal justice
purpose, as those terms are defined by Section 411.082, Government
Code;
(3) the Department of Public Safety;
(4) an attorney for a party to the proceeding;
(5) the child defendant; or
(6) the defendant's parent, guardian, or managing
conservator. (Code Crim. Proc., Art. 45.0217.)
Art. 45A.463. EXPUNCTION OF CERTAIN RECORDS OF CHILD OR
MINOR. (a) In this article, "child" has the meaning assigned by
Section 51.02, Family Code.
(b) This article does not apply to an offense otherwise
covered by:
(1) Chapter 106, Alcoholic Beverage Code; or
(2) Chapter 161, Health and Safety Code.
(c) On or after the person's 17th birthday, a person may
apply to the court in which the person was convicted to have the
conviction expunged as provided by this article if:
(1) the person was convicted of not more than one
offense described by Section 8.07(a)(4) or (5), Penal Code, while
the person was a child; or
(2) the person was convicted only once of an offense
under Section 43.261, Penal Code.
(d) The person must make a written request to have the
records expunged.
(e) The request must:
(1) be under oath; and
(2) contain the person's statement that the person was
not convicted of any additional offense or found to have engaged in
conduct indicating a need for supervision as described by
Subsection (g)(1) or (2), as applicable.
(f) The judge shall inform the person and any parent in open
court of the person's expunction rights and provide them with a copy
of this article.
(g) The court shall order the conviction, together with all
complaints, verdicts, sentences, and prosecutorial and law
enforcement records, and any other documents relating to the
offense, expunged from the person's record if the court finds that:
(1) for a person applying for the expunction of a
conviction for an offense described by Section 8.07(a)(4) or (5),
Penal Code, the person was not convicted of any other offense
described by those subdivisions while the person was a child; and
(2) for a person applying for the expunction of a
conviction for an offense described by Section 43.261, Penal Code,
the person was not found to have engaged in conduct indicating a
need for supervision described by Section 51.03(b)(6), Family Code,
while the person was a child.
(h) After entry of an order under Subsection (g), the person
is released from all disabilities resulting from the conviction and
the conviction may not be shown or made known for any purpose.
(i) Records of a person younger than 17 years of age
relating to a complaint may be expunged under this article if:
(1) the complaint was dismissed under Subchapter G,
Article 45A.401, or other law; or
(2) the person was acquitted of the offense.
(j) The justice or municipal court shall require a person
who requests expunction under this article to pay a reimbursement
fee in the amount of $30 to defray the cost of notifying state
agencies of orders of expunction under this article.
(k) The procedures for expunction provided under this
article are separate and distinct from the expunction procedures
under Chapter 55A. (Code Crim. Proc., Art. 45.0216.)
Art. 45A.464. EXPUNCTION OF RECORDS RELATED TO FAILURE TO
ATTEND SCHOOL. (a) In this article, "truancy offense" means an
offense committed under the former Section 25.094, Education Code.
(b) An individual who has been convicted of a truancy
offense or has had a complaint for a truancy offense dismissed is
entitled to an expunction of the conviction or complaint and
records relating to the conviction or complaint.
(c) Regardless of whether the individual has filed a
petition for expunction, the court in which the individual was
convicted or a complaint for a truancy offense was filed shall order
the conviction, complaints, verdicts, sentences, and other
documents relating to the offense, including any documents in the
possession of a school district or law enforcement agency, to be
expunged from the individual's record.
(d) After entry of the order, the individual is released
from all disabilities resulting from the conviction or complaint,
and the conviction or complaint may not be shown or made known for any purpose. (Code Crim. Proc., Art. 45.0541.)
CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS
SUBCHAPTER A. MANDATORY EXPUNCTION
Art. 55A.001. APPLICABILITY OF SUBCHAPTER
Art. 55A.002. FOLLOWING TRIAL COURT ACQUITTAL
Art. 55A.003. PARDON FOR ACTUAL INNOCENCE
Art. 55A.004. PARDON FOR REASON OTHER THAN ACTUAL
INNOCENCE
Art. 55A.005. UNLAWFUL CARRYING OF HANDGUN
Art. 55A.006. MISTAKEN IDENTITY
SUBCHAPTER B. SPECIAL CIRCUMSTANCES REQUIRING MANDATORY
EXPUNCTION
Art. 55A.051. APPLICABILITY OF SUBCHAPTER
Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED
Art. 55A.053. INDICTMENT OR INFORMATION DISMISSED OR
QUASHED
Art. 55A.054. EXPIRATION OF LIMITATIONS PERIOD
SUBCHAPTER C. DISCRETIONARY EXPUNCTION
Art. 55A.101. APPELLATE COURT ACQUITTAL OR
RECOMMENDATION OF ATTORNEY
REPRESENTING STATE
SUBCHAPTER D. EXPUNCTION PROHIBITED
Art. 55A.151. CONVICTION OR POTENTIAL PROSECUTION
ARISING FROM SAME CRIMINAL EPISODE
Art. 55A.152. DRIVER'S LICENSE SUSPENSION OR
REVOCATION
Art. 55A.153. ARREST FOR VIOLATION OF COMMUNITY
SUPERVISION
Art. 55A.154. CERTAIN PERSONS ABSCONDING AFTER ARREST
SUBCHAPTER E. PROCEDURES FOR AUTOMATIC ENTRY OF EXPUNCTION ORDER
Art. 55A.201. TRIAL COURT ACQUITTAL
Art. 55A.202. PARDON FOR ACTUAL INNOCENCE
Art. 55A.203. CERTAIN SPECIALTY COURT PROGRAMS
Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
REGARDING EXPUNCTION ORDER
Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER
Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS
BY COURT
SUBCHAPTER F. GENERAL PROCEDURES FOR SEEKING ENTRY OF EXPUNCTION
ORDER
Art. 55A.251. FILING OF PETITION
Art. 55A.252. FILING CERTAIN PETITIONS IN JUSTICE OR
MUNICIPAL COURT
Art. 55A.253. CONTENTS OF PETITION
Art. 55A.254. HEARING; NOTICE
Art. 55A.255. ENTRY OF EXPUNCTION ORDER
Art. 55A.256. APPLICATION FOR EXPUNCTION BASED ON
MISTAKEN IDENTITY
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE
PETITION ON PERSON'S BEHALF
Art. 55A.258. EXPUNCTION ON BEHALF OF DECEASED PERSON
SUBCHAPTER G. EXPUNCTION ORDER
Art. 55A.301. REQUIRED CONTENT
Art. 55A.302. RETENTION OF CERTAIN RECORDS AFTER
EXPUNCTION
Art. 55A.303. APPEAL
SUBCHAPTER H. NOTICE AND DISPOSITION OF RECORDS FOLLOWING
EXPUNCTION ORDER
Art. 55A.351. NOTICE OF EXPUNCTION ORDER
Art. 55A.352. DUTY OF DEPARTMENT OF PUBLIC SAFETY
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS
Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
MISTAKEN IDENTITY
Art. 55A.355. PROVIDING EXPUNGED RECORDS TO PERSON WHO
IS SUBJECT OF EXPUNCTION
Art. 55A.356. INSPECTION AND DISPOSITION OF COURT'S
RECORDS CONCERNING EXPUNCTION
Art. 55A.357. RETENTION OF FINANCIAL TRANSACTION
RECORDS
SUBCHAPTER I. EFFECT OF EXPUNCTION ORDER
Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER
Art. 55A.402. OFFENSE FOR VIOLATION OF EXPUNCTION
ORDER
SUBCHAPTER J. NOTICE OF EXPUNCTION LAW
Art. 55A.451. NOTICE OF EXPUNCTION LAW TO PERSONS
RELEASED FOLLOWING ARREST
CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS
SUBCHAPTER A. MANDATORY EXPUNCTION
Art. 55A.001. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a person who has been placed under a custodial or
noncustodial arrest for commission of a felony or misdemeanor.
(Code Crim. Proc., Art. 55.01(a) (part).)
Art. 55A.002. FOLLOWING TRIAL COURT ACQUITTAL. A person to
whom this subchapter applies is entitled to have all records and
files relating to the arrest expunged if the person is:
(1) tried for the offense for which the person was
arrested; and
(2) acquitted by the trial court, except as provided
by Article 55A.151. (Code Crim. Proc., Art. 55.01(a) (part).)
Art. 55A.003. PARDON FOR ACTUAL INNOCENCE. A person to whom
this subchapter applies is entitled to have all records and files
relating to the arrest expunged if:
(1) the person is:
(A) tried for and convicted of the offense for
which the person was arrested; and
(B) subsequently pardoned or otherwise granted
relief on the basis of actual innocence with respect to that
offense; and
(2) the applicable pardon or court order clearly
indicates on its face that the pardon or order was granted or issued
on the basis of the person's actual innocence. (Code Crim. Proc.,
Art. 55.01(a) (part).)
Art. 55A.004. PARDON FOR REASON OTHER THAN ACTUAL
INNOCENCE. A person to whom this subchapter applies is entitled to
have all records and files relating to the arrest expunged if the
person is:
(1) tried for and convicted of the offense for which
the person was arrested; and
(2) subsequently pardoned for that offense for a
reason other than that described by Article 55A.003. (Code Crim.
Proc., Art. 55.01(a) (part).)
Art. 55A.005. UNLAWFUL CARRYING OF HANDGUN. A person to
whom this subchapter applies is entitled to have all records and
files relating to the arrest expunged if:
(1) the person was tried for and convicted of the
offense for which the person was arrested; and
(2) the offense was committed before September 1,
2021, under Section 46.02(a), Penal Code, as that section existed
before that date. (Code Crim. Proc., Art. 55.01(a) (part).)
Art. 55A.006. MISTAKEN IDENTITY. Notwithstanding the
limitation provided by Article 55A.001, a person is entitled to
obtain the expunction of any information that identifies the
person, including the person's name, address, date of birth,
driver's license number, and social security number, contained in
records and files relating to the person's arrest or the arrest of
another person if:
(1) the expunction of identifying information is
sought with respect to the arrest of the person asserting the
entitlement and the person was arrested solely as a result of
identifying information that was inaccurate due to a clerical
error; or
(2) the expunction of identifying information is
sought with respect to the arrest of a person other than the person
asserting the entitlement and:
(A) the information identifying the person
asserting the entitlement was falsely given by the arrested person
as the arrested person's identifying information without the
consent of the person asserting the entitlement; and
(B) the only reason why the identifying
information of the person asserting the entitlement is contained in
the applicable arrest records and files is the deception of the
arrested person. (Code Crim. Proc., Art. 55.01(d); New.)
SUBCHAPTER B. SPECIAL CIRCUMSTANCES REQUIRING MANDATORY
EXPUNCTION
Art. 55A.051. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a person who has been placed under a custodial or
noncustodial arrest for commission of a felony or misdemeanor if:
(1) the person has been released;
(2) the charge, if any, has not resulted in a final
conviction and is no longer pending; and
(3) there was no court-ordered community supervision
under Chapter 42A for the offense, other than for a Class C
misdemeanor. (Code Crim. Proc., Art. 55.01(a) (part).)
Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED. (a)
A person to whom this subchapter applies is entitled to have all
records and files relating to the arrest expunged if an indictment
or information charging the person with the commission of a
misdemeanor offense based on the person's arrest or charging the
person with the commission of any felony offense arising out of the
same transaction for which the person was arrested has not been
presented against the person at any time following the arrest and
if:
(1) at least 180 days have elapsed from the date of
arrest if the arrest for which the expunction was sought was for an
offense punishable as a Class C misdemeanor and there was no felony
charge arising out of the same transaction for which the person was
arrested;
(2) at least one year has elapsed from the date of
arrest if the arrest for which the expunction was sought was for an
offense punishable as a Class B or A misdemeanor and there was no
felony charge arising out of the same transaction for which the
person was arrested;
(3) at least three years have elapsed from the date of
arrest if the arrest for which the expunction was sought was for an
offense punishable as a felony or there was a felony charge arising
out of the same transaction for which the person was arrested; or
(4) the attorney representing the state certifies that
the applicable arrest records and files are not needed for use in
any criminal investigation or prosecution, including an
investigation or prosecution of another person.
(b) A person is entitled to an expunction under this article
regardless of whether any statute of limitations exists for the
offense and whether any limitations period for the offense has
expired. (Code Crim. Proc., Art. 55.01(a) (part).)
Art. 55A.053. INDICTMENT OR INFORMATION DISMISSED OR
QUASHED. (a) A person to whom this subchapter applies is entitled
to have all records and files relating to the arrest expunged if:
(1) an indictment or information charging the person
with the commission of a misdemeanor offense based on the person's
arrest or charging the person with the commission of any felony
offense arising out of the same transaction for which the person was
arrested, when presented at any time following the arrest, was
dismissed or quashed; and
(2) the court finds that the indictment or information
was dismissed or quashed because:
(A) the person completed a veterans treatment
court program created under Chapter 124, Government Code, or former
law, subject to Subsection (b);
(B) the person completed a mental health court
program created under Chapter 125, Government Code, or former law,
subject to Subsection (c);
(C) the person completed a pretrial intervention
program authorized under Section 76.011, Government Code, other
than a program described by Paragraph (A) or (B);
(D) the presentment of the indictment or
information was made because of mistake, false information, or
other similar reason indicating absence of probable cause at the
time of the dismissal to believe the person committed the offense;
or
(E) the indictment or information was void.
(b) A person is eligible under Subsection (a)(2)(A) for an
expunction of arrest records and files only if the person:
(1) has not previously received an expunction under
that paragraph; and
(2) submits to the court an affidavit attesting to
that fact.
(c) A person is eligible under Subsection (a)(2)(B) for an
expunction of arrest records and files only if the person:
(1) has not previously received an expunction under
that paragraph; and
(2) submits to the court an affidavit attesting to
that fact.
(d) A person is entitled to an expunction under this article
regardless of whether any statute of limitations exists for the
offense and whether any limitations period for the offense has
expired. (Code Crim. Proc., Arts. 55.01(a) (part), (a-3), (a-4).)
Art. 55A.054. EXPIRATION OF LIMITATIONS PERIOD. A person
to whom this subchapter applies is entitled to have all records and
files relating to the arrest expunged if prosecution of the person
for the offense for which the person was arrested is no longer
possible because the limitations period has expired. (Code Crim.
Proc., Art. 55.01(a) (part).)
SUBCHAPTER C. DISCRETIONARY EXPUNCTION
Art. 55A.101. APPELLATE COURT ACQUITTAL OR RECOMMENDATION
OF ATTORNEY REPRESENTING STATE. (a) Except as provided by Article
55A.151 and subject to Subsection (b), a district court, a justice
court, or a municipal court of record may expunge all records and
files relating to the arrest of a person if:
(1) the person is:
(A) tried for the offense for which the person
was arrested;
(B) convicted of the offense; and
(C) acquitted by the court of criminal appeals
or, if the period for granting a petition for discretionary review
has expired, by a court of appeals; or
(2) an office of the attorney representing the state
authorized by law to prosecute the offense for which the person was
arrested recommends the expunction to the court before the person
is tried for the offense, regardless of whether an indictment or
information has been presented against the person with respect to
the offense.
(b) A justice court or a municipal court of record may only
expunge records and files under Subsection (a) that relate to the
arrest of a person for an offense punishable by fine only. (Code
Crim. Proc., Arts. 55.01(b), (b-1).)
SUBCHAPTER D. EXPUNCTION PROHIBITED
Art. 55A.151. CONVICTION OR POTENTIAL PROSECUTION ARISING
FROM SAME CRIMINAL EPISODE. A court may not order the expunction of
records and files relating to an arrest for an offense for which a
person is subsequently acquitted, whether by the trial court, a
court of appeals, or the court of criminal appeals, if the offense
for which the person was acquitted arose out of a criminal episode,
as defined by Section 3.01, Penal Code, and the person was convicted
of or remains subject to prosecution for at least one other offense
occurring during the criminal episode. (Code Crim. Proc., Art.
55.01(c).)
Art. 55A.152. DRIVER'S LICENSE SUSPENSION OR REVOCATION.
Records relating to the suspension or revocation of a driver's
license, permit, or privilege to operate a motor vehicle may not be
expunged under this chapter except as provided by Section 524.015
or 724.048, Transportation Code. (Code Crim. Proc., Art. 55.06.)
Art. 55A.153. ARREST FOR VIOLATION OF COMMUNITY
SUPERVISION. Notwithstanding any provision of Subchapter A, B, or
C, a person may not expunge records and files relating to an arrest
that occurs pursuant to a warrant issued under Article 42A.751(b).
(Code Crim. Proc., Art. 55.01(a-1).)
Art. 55A.154. CERTAIN PERSONS ABSCONDING AFTER ARREST.
Notwithstanding any provision of Subchapter A, B, or C, a person who
intentionally or knowingly absconds from the jurisdiction after
being released under Chapter 17 following an arrest is not eligible
under Article 55A.052(a)(1), (2), or (3) or 55A.054 for an
expunction of the records and files relating to that arrest. (Code
Crim. Proc., Art. 55.01(a-2).)
SUBCHAPTER E. PROCEDURES FOR AUTOMATIC ENTRY OF EXPUNCTION ORDER
Art. 55A.201. TRIAL COURT ACQUITTAL. (a) At the request of
the acquitted person and after notice to the state, or at the
request of the attorney representing the state with the consent of
the acquitted person, an expunction order shall be entered, not
later than the 30th day after the date of the acquittal, for a
person entitled to expunction under Article 55A.002 by:
(1) the trial court presiding over the case in which
the person was acquitted, if the court is:
(A) a district court;
(B) a justice court; or
(C) a municipal court of record; or
(2) a district court in the county in which the trial
court is located.
(b) On acquittal, the trial court shall advise the acquitted
person of the right to expunction.
(c) The party requesting the expunction order shall provide
to the court all of the information required in a petition for
expunction under Article 55A.253.
(d) An expunction order under this article shall be prepared
for the court's signature by:
(1) the attorney for the acquitted person in the case
in which the person was acquitted, if the acquitted person was
represented by an attorney; or
(2) the attorney representing the state, if the person
was not represented by an attorney or if the attorney representing
the state requested the order. (Code Crim. Proc., Art. 55.02, Sec.
1.)
Art. 55A.202. PARDON FOR ACTUAL INNOCENCE. (a) In a case in
which a person is entitled to expunction under Article 55A.003, an
expunction order shall be entered, not later than the 30th day after
the date the court receives notice of the applicable pardon or other
grant of relief, for the person by:
(1) the trial court presiding over the case, if the
court is:
(A) a district court;
(B) a justice court; or
(C) a municipal court of record; or
(2) a district court in the county in which the trial
court is located.
(b) The person described by Subsection (a) shall provide to
the court all of the information required in a petition for
expunction under Article 55A.253. (Code Crim. Proc., Art. 55.02,
Sec. 1a(a).)
Art. 55A.203. CERTAIN SPECIALTY COURT PROGRAMS. (a) A
trial court that is a district court or a district court in the
county in which the trial court is located may, with the consent of
the attorney representing the state, enter an expunction order for
a person entitled to expunction under Article 55A.053(a)(2)(A) not
later than the 30th day after the date the court, as applicable:
(1) dismisses the case following the person's
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(b) A trial court that is a district court or a district
court in the county in which the trial court is located may, with
the consent of the attorney representing the state, enter an
expunction order for a person entitled to expunction under Article
55A.053(a)(2)(B) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following the person's
successful completion of a mental health court program created
under Chapter 125, Government Code, or former law; or
(2) receives the information regarding the dismissal.
(c) Notwithstanding any other law, a court that enters an
expunction order under this article may not charge any fee or assess
any cost for the expunction. (Code Crim. Proc., Art. 55.02, Secs.
1a(a-1), (a-2).)
Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
REGARDING EXPUNCTION ORDER. The attorney representing the state
shall prepare an expunction order under Article 55A.202 or 55A.203
for the court's signature and notify the Texas Department of
Criminal Justice if the person who is the subject of the order is in
the custody of the department. (Code Crim. Proc., Art. 55.02, Sec.
1a(b).)
Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an
expunction order entered under Article 55A.202 or 55A.203, the
court shall:
(1) provide a listing of each official, agency, or
other entity of this state or political subdivision of this state
and each private entity that there is reason to believe has any
record or file that is subject to the order; and
(2) require that:
(A) the Texas Department of Criminal Justice send
to the court any documents delivered to the department under
Section 8(a), Article 42.09; and
(B) the Department of Public Safety and the Texas
Department of Criminal Justice delete or redact, as appropriate,
from their public records all index references to the records and
files that are subject to the expunction order. (Code Crim. Proc.,
Art. 55.02, Sec. 1a(c).)
Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS BY
COURT. The court shall retain any documents sent to the court under
Article 55A.205(2)(A) until the limitations period has expired for
any civil case or proceeding relating to the wrongful imprisonment
of the person who is the subject of the expunction order. (Code
Crim. Proc., Art. 55.02, Sec. 1a(d).)
SUBCHAPTER F. GENERAL PROCEDURES FOR SEEKING ENTRY OF EXPUNCTION
ORDER
Art. 55A.251. FILING OF PETITION. A person who is entitled
to expunction of records and files under Article 55A.002, 55A.004,
or 55A.005 or Subchapter B, or a person who is eligible for
expunction of records and files under Article 55A.101, may, subject
to Article 55A.252, file an ex parte petition for expunction in a
district court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred. (Code
Crim. Proc., Art. 55.02, Sec. 2(a); New.)
Art. 55A.252. FILING CERTAIN PETITIONS IN JUSTICE OR
MUNICIPAL COURT. If the arrest for which expunction is sought is
for an offense punishable by fine only, a person who is entitled to
expunction of records and files under Article 55A.002, 55A.003,
55A.004, or 55A.005 or Subchapter B, or a person who is eligible for
expunction of records and files under Article 55A.101(a) may file
an ex parte petition for expunction in a justice court or a
municipal court of record in the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred. (Code
Crim. Proc., Art. 55.02, Sec. 2(a-1).)
Art. 55A.253. CONTENTS OF PETITION. An ex parte petition
filed under Article 55A.251, 55A.252, or 55A.257 must be verified
and must include, with respect to the person who is the subject of
the petition, the following or an explanation for why one or more of
the following is not included:
(1) the person's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the arrest;
(2) the offense charged;
(3) the date the offense charged was alleged to have
been committed;
(4) the date of arrest;
(5) the name of the county of arrest and if the arrest
occurred in a municipality, the name of the municipality;
(6) the name of the arresting agency;
(7) the case number and court of offense; and
(8) together with the applicable physical or e-mail
addresses, a list of all:
(A) law enforcement agencies, jails or other
detention facilities, magistrates, courts, attorneys representing
the state, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state;
(B) central federal depositories of criminal
records that the person who is the subject of the petition has
reason to believe have records or files that are subject to
expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that the person who is the subject of the petition has reason to
believe have information related to records or files that are
subject to expunction. (Code Crim. Proc., Art. 55.02, Secs. 2(b),
(f).)
Art. 55A.254. HEARING; NOTICE. (a) The court shall set a
hearing on an ex parte petition for expunction not earlier than 30
days from the filing of the petition and shall give to each official
or agency or other governmental entity named in the petition
reasonable notice of the hearing by:
(1) certified mail, return receipt requested; or
(2) secure electronic mail, electronic transmission,
or facsimile transmission.
(b) An entity described by Subsection (a) may be represented
by the attorney responsible for providing the entity with legal
representation in other matters.
(c) Any returned receipts received by the clerk from notices
of the hearing shall be maintained in the file on the proceedings
under Article 55A.356(b). (Code Crim. Proc., Art. 55.02, Secs.
2(c), (c-1); Sec. 3(d) (part).)
Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court
finds that the person who is the subject of an ex parte petition
filed under Article 55A.251, 55A.252, or 55A.257 is entitled to
expunction of any records and files that are the subject of the
petition, the court shall enter an order directing expunction.
(Code Crim. Proc., Art. 55.02, Sec. 2(d).)
Art. 55A.256. APPLICATION FOR EXPUNCTION BASED ON MISTAKEN
IDENTITY. (a) A person who is entitled to the expunction of
information contained in records and files under Article 55A.006
may file an application for expunction with the attorney
representing the state in the prosecution of felonies in the county
in which the person resides.
(b) The application must be verified, include authenticated
fingerprint records of the applicant, and include the following or
an explanation for why one or more of the following is not included:
(1) the applicant's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the applicable arrest;
(2) the following information regarding the arrest:
(A) the date of arrest;
(B) the offense charged against the person
arrested;
(C) the name of the county or municipality in
which the arrest occurred; and
(D) the name of the arresting agency; and
(3) a statement, as appropriate, that the applicant:
(A) was arrested solely as a result of
identifying information that was inaccurate due to a clerical
error; or
(B) is not the person arrested and for whom the
arrest records and files were created and did not give the arrested
person consent to falsely identify himself or herself as the
applicant.
(c) After verifying the allegations in the application, the
attorney representing the state shall:
(1) include on the application information regarding
the arrest that was requested of the applicant but was unknown by
the applicant;
(2) forward a copy of the application to the district
court for the county;
(3) together with the applicable physical or e-mail
addresses, attach to the copy a list of all:
(A) law enforcement agencies, jails or other
detention facilities, magistrates, courts, attorneys representing
the state, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state;
(B) central federal depositories of criminal
records that are reasonably likely to have records or files
containing information that is subject to expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that are reasonably likely to have records or files containing
information that is subject to expunction; and
(4) request the court to enter an order directing
expunction based on an entitlement to expunction under Article
55A.006.
(d) On receipt of a request under Subsection (c), the court
shall, without holding a hearing on the matter, enter a final order
directing expunction. (Code Crim. Proc., Art. 55.02, Sec. 2a.)
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
ON PERSON'S BEHALF. The director of the Department of Public
Safety or the director's authorized representative may file on
behalf of a person described by Article 55A.251 or 55A.256 an ex
parte petition for expunction in a district court for the county in
which:
(1) the person was arrested; or
(2) the offense was alleged to have occurred. (Code
Crim. Proc., Art. 55.02, Sec. 2(e).)
Art. 55A.258. EXPUNCTION ON BEHALF OF DECEASED PERSON. (a)
In this article, "close relative of a deceased person" means the
grandparent, parent, spouse, or adult brother, sister, or child of
a deceased person.
(b) A close relative of a deceased person who, if not
deceased, would be entitled to expunction of records and files
under Subchapter A, B, or C may file on behalf of the deceased
person an ex parte petition for expunction under Article 55A.251 or
55A.252 or an application for expunction under Article 55A.256, as
applicable. If the court finds that the deceased person would be
entitled to expunction of any record or file that is the subject of
the petition, the court shall enter an order directing expunction.
(Code Crim. Proc., Art. 55.011.)
SUBCHAPTER G. EXPUNCTION ORDER
Art. 55A.301. REQUIRED CONTENT. (a) An expunction order
entered by a court under Subchapter E or F must have attached and
incorporate by reference a copy of the judgment of acquittal, if
any, and must include:
(1) the following information on the person who is the
subject of the expunction order:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number; and
(F) social security number;
(2) the offense charged against the person who is the
subject of the expunction order, if any;
(3) the date of the applicable arrest;
(4) the case number and court of offense, if any; and
(5) the incident number assigned to the individual
incident of arrest under Article 66.251(b)(1) by the Department of
Public Safety.
(b) An expunction order issued by a court under Subchapter E
or F must require any state agency that sent information concerning
the arrest to a central federal depository to request the
depository to return all records and files subject to the order.
(Code Crim. Proc., Art. 55.02, Secs. 3(a) (part), (b).)
Art. 55A.302. RETENTION OF CERTAIN RECORDS AFTER
EXPUNCTION. (a) If the state establishes that the person who is
the subject of an expunction order is still subject to conviction
for an offense arising out of the transaction for which the person
was arrested because the limitations period has not expired and
there is reasonable cause to believe that the state may proceed
against the person for the offense, the court may provide in the
order that the law enforcement agency and the attorney representing
the state responsible for investigating the offense retain any
records and files that are necessary to the investigation.
(b) In the case of a person who is the subject of an
expunction order on the basis of an acquittal, the court may provide
in the expunction order that the law enforcement agency and the
attorney representing the state retain records and files if:
(1) the records and files are necessary to conduct a
subsequent investigation and prosecution of a person other than the
person who is the subject of the expunction order; or
(2) the state establishes that the records and files
are necessary for use in:
(A) another criminal case, including a
prosecution, motion to adjudicate or revoke community supervision,
parole revocation hearing, mandatory supervision revocation
hearing, punishment hearing, or bond hearing; or
(B) a civil case, including a civil suit or suit
for possession of or access to a child.
(c) The court shall provide in the expunction order that the
applicable law enforcement agency and attorney representing the
state may retain the arrest records and files of any person who
becomes entitled to an expunction of those records and files based
on the expiration of a period described by Article 55A.052(a)(1),
(2), or (3), but without the certification of the attorney
representing the state as described by Article 55A.052(a)(4).
(d) Articles 55A.401 and 55A.402 apply to records and files
retained under this article unless:
(1) the person who is the subject of the expunction
order is again arrested for or charged with an offense arising out
of the transaction for which the person was arrested; or
(2) the court provides for the retention of records
and files under Subsection (b) or (c). (Code Crim. Proc., Art.
55.02, Sec. 4.)
Art. 55A.303. APPEAL. A person who is the subject of an
expunction order issued under Subchapter E or F or an agency
protesting the expunction may appeal the court's decision in the
same manner as in other civil cases. (Code Crim. Proc., Art. 55.02,
Sec. 3(a) (part).)
SUBCHAPTER H. NOTICE AND DISPOSITION OF RECORDS FOLLOWING
EXPUNCTION ORDER
Art. 55A.351. NOTICE OF EXPUNCTION ORDER. (a) When an
expunction order issued under Subchapter E or F is final, the clerk
of the court shall send a certified copy of the order to the Crime
Records Service of the Department of Public Safety and to each
official or agency or other governmental entity of this state or of
any political subdivision of this state named in the order.
(b) The certified copy of the order must be sent by secure
electronic mail, electronic transmission, or facsimile
transmission or otherwise by certified mail, return receipt
requested.
(c) In sending the order under Subsection (a) to a
governmental entity named in the order, the clerk may elect to
substitute hand delivery for certified mail, but the clerk must
receive a receipt for that hand-delivered order.
(d) Any returned receipts received by the clerk from copies
of the order shall be maintained in the file on the proceedings
under Article 55A.356(b). (Code Crim. Proc., Art. 55.02, Secs.
3(c), (d) (part).)
Art. 55A.352. DUTY OF DEPARTMENT OF PUBLIC SAFETY. (a) In
this article, "department" means the Department of Public Safety.
(b) The department shall notify any central federal
depository of criminal records by any means, including secure
electronic mail, electronic transmission, or facsimile
transmission, of an order received under Article 55A.351(a) with an
explanation of the effect of the order and a request that the
depository, as appropriate, either:
(1) destroy or return to the court the records in
possession of the depository that are subject to the order,
including any information with respect to the order; or
(2) comply with Article 55A.354 pertaining to
information contained in records and files of a person entitled to
expunction under Article 55A.006.
(c) The department shall provide, by secure electronic
mail, electronic transmission, or facsimile transmission, notice
of the order to any private entity that is named in the order or that
purchases criminal history record information from the department.
(d) The notice under Subsection (c) must include an
explanation of the effect of the order and a request that the
private entity destroy any information in the possession of the
entity that is subject to the order.
(e) The department may charge to a private entity that
purchases criminal history record information from the department a
fee in an amount sufficient to recover costs incurred by the
department in providing notice under Subsection (c). (Code Crim.
Proc., Art. 55.02, Secs. 3(c-1), (c-2); New.)
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
provided by Articles 55A.354 and 55A.357, on receipt of an
expunction order issued under Subchapter E or F, each official or
agency or other governmental entity named in the order shall:
(1) as appropriate:
(A) return all records and files that are subject
to the expunction order to the court; or
(B) in cases other than those described by
Articles 55A.202 and 55A.203, if removal is impracticable,
obliterate all portions of the record or file that identify the
person who is the subject of the order and notify the court of the
action; and
(2) delete from the named entity's public records all
index references to the records and files that are subject to the
expunction order. (Code Crim. Proc., Art. 55.02, Sec. 5(a).)
Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
MISTAKEN IDENTITY. On receipt of an order granting expunction to a
person entitled to expunction under Article 55A.006, each official,
agency, or other governmental entity named in the order:
(1) shall:
(A) obliterate all portions of the record or file
that identify the person who is the subject of the order; and
(B) if applicable, substitute for all
obliterated portions of the record or file any available
information that identifies the person arrested; and
(2) may not return the record or file or delete index
references to the record or file. (Code Crim. Proc., Art. 55.02,
Sec. 5(f).)
Art. 55A.355. PROVIDING EXPUNGED RECORDS TO PERSON WHO IS
SUBJECT OF EXPUNCTION. (a) The court may give the person who is the
subject of an expunction order all records and files returned to the
court pursuant to the order.
(b) This article does not apply to a person who is the
subject of an expunction order on the basis of:
(1) an acquittal; or
(2) an entitlement under Article 55A.006. (Code Crim.
Proc., Art. 55.02, Sec. 5(b).)
Art. 55A.356. INSPECTION AND DISPOSITION OF COURT'S RECORDS
CONCERNING EXPUNCTION. (a) Except in the case of a person who is
the subject of an expunction order based on an entitlement under
Article 55A.006 and except as provided by Article 55A.357, if an
expunction order is issued under Subchapter E or F, the court
records concerning expunction proceedings are not open for
inspection by any person except the person who is the subject of the
order unless:
(1) the order permits retention of a record under
Article 55A.302 and the person is again arrested for or charged with
an offense arising out of the transaction for which the person was
arrested; or
(2) the court provides for the retention of records
and files under Article 55A.302(a).
(b) The clerk of the court issuing the order shall
obliterate all public references to the proceeding and maintain the
files or other records in an area not open to inspection.
(c) Except in the case of a person who is the subject of an
expunction order on the basis of an acquittal or an expunction order
based on an entitlement under Article 55A.006 and except as
provided by Article 55A.357, the clerk of the court shall destroy
all the files or other records maintained under Subsection (b) not
earlier than the 60th day after the date the order is issued or
later than the first anniversary of that date, unless the records or
files were released under Article 55A.355.
(d) Not later than the 30th day before the date on which the
clerk destroys files or other records under Subsection (c), the
clerk shall provide notice by mail, electronic mail, or facsimile
transmission to the attorney representing the state in the
expunction proceeding. If the attorney representing the state in
the expunction proceeding objects to the destruction not later than
the 20th day after receiving notice under this subsection, the
clerk may not destroy the files or other records until the first
anniversary of the date the expunction order is issued or the first
business day after that date.
(e) The clerk shall certify to the court the destruction of
files or other records under Subsection (c). (Code Crim. Proc.,
Art. 55.02, Secs. 5(c), (d), (d-1), (e).)
Art. 55A.357. RETENTION OF FINANCIAL TRANSACTION RECORDS.
(a) Notwithstanding Articles 55A.353, 55A.354, 55A.355, and
55A.356 and in accordance with internal financial control
procedures, an official, agency, court, or other entity may retain
receipts, invoices, vouchers, or similar records of financial
transactions that arose from an expunction proceeding or
prosecution of the underlying criminal action.
(b) An official, agency, court, or other entity that retains
records under this article shall obliterate all portions of the
record or file that identify the person who is the subject of the
expunction order. (Code Crim. Proc., Art. 55.02, Sec. 5(g).)
SUBCHAPTER I. EFFECT OF EXPUNCTION ORDER
Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER. When an
expunction order issued under Subchapter E or F is final:
(1) the release, maintenance, dissemination, or use of
the expunged records and files for any purpose is prohibited;
(2) except as provided by Subdivision (3), the person
arrested may deny the occurrence of the arrest and the existence of
the expunction order; and
(3) the person arrested or any other person, when
questioned under oath in a criminal proceeding about an arrest for
which the records have been expunged, may state only that the matter
in question has been expunged. (Code Crim. Proc., Art. 55.03.)
Art. 55A.402. OFFENSE FOR VIOLATION OF EXPUNCTION ORDER.
(a) A person commits an offense if the person:
(1) learns of an arrest while an officer or employee of
the state or of any agency or other entity of the state or any
political subdivision of the state;
(2) knows of an order expunging the records and files
relating to that arrest; and
(3) knowingly releases, disseminates, or otherwise
uses the records or files.
(b) A person commits an offense if the person knowingly
fails to return or to obliterate identifying portions of a record or
file ordered expunged under this chapter.
(c) An offense under this article is a Class B misdemeanor.
(Code Crim. Proc., Art. 55.04.)
SUBCHAPTER J. NOTICE OF EXPUNCTION LAW
Art. 55A.451. NOTICE OF EXPUNCTION LAW TO PERSONS RELEASED
FOLLOWING ARREST. On release or discharge of an arrested person,
the person responsible for the release or discharge shall give the
released or discharged person a written explanation of that
person's rights under this chapter and a copy of the provisions of
this chapter. (Code Crim. Proc., Art. 55.05.)
SECTION 1.002. Subchapter F, Chapter 19A, Code of Criminal
Procedure, is amended by adding Article 19A.256 to read as follows:
Art. 19A.256. REFERRAL TO GRAND JURY IN SEXUAL ASSAULT
CASES. (a) If a district judge becomes aware that sexual assault
within the jurisdiction of the court has probably been committed,
the judge shall direct the grand jury to investigate the
accusation:
(1) immediately, if the court is in session; or
(2) at the next term of a district court in any county
of the district, if the court is not in session.
(b) If the court is in session but the grand jury has been
discharged, the district judge shall immediately recall the grand
jury to investigate the accusation.
SECTION 1.003. Section 502.407, Transportation Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) For purposes of dismissing a charge under Subsection
(b), "day" does not include Saturday, Sunday, or a legal holiday.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.001. Section 122.351, Agriculture Code, is
amended to read as follows:
Sec. 122.351. DEFINITION. In this subchapter, "peace
officer" has the meaning assigned by Article 2A.001 [2.12], Code of
Criminal Procedure.
SECTION 2.002. Section 153.003, Agriculture Code, is
amended to read as follows:
Sec. 153.003. INSPECTIONS. Program rules must authorize
the special rangers appointed under Article 2A.006 [2.125], Code of
Criminal Procedure, and other association employees designated by
the special rangers, to inspect and record brands and other
identifying characteristics of cattle at livestock auction
markets.
SECTION 2.003. Section 106.12(f), Alcoholic Beverage Code,
is amended to read as follows:
(f) The procedures for expunction provided under this
section are separate and distinct from the expunction procedures
under Chapter 55A [55], Code of Criminal Procedure.
SECTION 2.004. Section 108.001(6), Business & Commerce
Code, is amended to read as follows:
(6) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2A.001 [2.12], Code of
Criminal Procedure, or other law.
SECTION 2.005. Section 109.001(5), Business & Commerce
Code, is amended to read as follows:
(5) "Confidential criminal record information of a
child" means information about a person's involvement in the
criminal justice system resulting from conduct that occurred or was
alleged to occur when the person was younger than 17 years of age
that is confidential under Chapter 45A [45], Code of Criminal
Procedure, or other law. The term does not include:
(A) criminal record information of a person
certified to stand trial as an adult for that conduct, as provided
by Section 54.02, Family Code; or
(B) information relating to a traffic offense.
SECTION 2.006. Section 109.002(a), Business & Commerce
Code, is amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to:
(1) a business entity that:
(A) publishes criminal record information,
including information:
(i) originally obtained pursuant to a
request for public information under Chapter 552, Government Code;
or
(ii) purchased or otherwise obtained by the
entity or an affiliated business entity from the Department of
Public Safety under Subchapter F, Chapter 411, Government Code; and
(B) requires the payment:
(i) of a fee in an amount of $150 or more or
other consideration of comparable value to remove criminal record
information; or
(ii) of a fee or other consideration to
correct or modify criminal record information; or
(2) a business entity that publishes confidential
juvenile record information or confidential criminal record
information of a child in a manner not permitted by Chapter 58,
Family Code, Chapter 45A [45], Code of Criminal Procedure, or other
law, regardless of:
(A) the source of the information; or
(B) whether the business entity charges a fee for
access to or removal or correction of the information.
SECTION 2.007. Section 109.005(a), Business & Commerce
Code, is amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
that:
(1) an order of expunction has been issued under
Article 55A.201 [55.02], Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411, Government Code.
SECTION 2.008. Section 114.0001(4), Business & Commerce
Code, as added by Chapter 47 (H.B. 390), Acts of the 87th
Legislature, Regular Session, 2021, is amended to read as follows:
(4) "Peace officer" means a peace officer described by
Article 2A.001 [2.12], Code of Criminal Procedure, appointed or
employed to serve as a peace officer for a law enforcement agency.
SECTION 2.009. Section 30.006(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) In this section, "law enforcement agency" means a
governmental agency that employs a peace officer as defined by
[under] Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.010. Section 78A.001(1), Civil Practice and
Remedies Code, is amended to read as follows:
(1) "First responder" means a law enforcement, fire
protection, or emergency medical services employee or volunteer,
including:
(A) a peace officer as defined by Article 2A.001
[2.12], Code of Criminal Procedure;
(B) fire protection personnel as defined by
Section 419.021, Government Code;
(C) a volunteer firefighter who is:
(i) certified by the Texas Commission on
Fire Protection or by the State Firefighters' and Fire Marshals'
Association of Texas; or
(ii) a member of an organized volunteer
fire-fighting unit that renders fire-fighting services without
remuneration and conducts a minimum of two drills each month, each
two hours long; and
(D) an individual certified as emergency medical
services personnel by the Department of State Health Services.
SECTION 2.011. Section 100.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 100.001. AFFIRMATIVE DEFENSE. It is an affirmative
defense to a civil action for damages for personal injury or death
brought against a person performing duties under Article 2A.002(f)
[2.122(f)], Code of Criminal Procedure, the person's employer, or
the owner of a commercial nuclear power plant where the person was
working, that at the time the cause of action arose the person was
justified in using force under Chapter 9, Penal Code.
SECTION 2.012. Article 5.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE
AN EXCEPTION TO OFFICIAL DUTIES. A general duty prescribed for an
officer by Chapter 2A [2 of this code] is not waived or excepted in
any family violence case or investigation because of a family or
household relationship between an alleged violator and the victim
of family violence. A peace officer's or a magistrate's duty to
prevent the commission of criminal offenses, including acts of
family violence, is not waived or excepted because of a family or
household relationship between the potential violator and victim.
SECTION 2.013. Articles 14.03(g)(1) and (2), Code of
Criminal Procedure, are amended to read as follows:
(1) A peace officer described by [listed in
Subdivision (1), (2), or (5),] Article 2A.001(1), (2), or (5)
[2.12], who is licensed under Chapter 1701, Occupations Code, and
is outside of the officer's jurisdiction may arrest without a
warrant a person who commits any offense within the officer's
presence or view, other than a violation of Subtitle C, Title 7,
Transportation Code.
(2) A peace officer described by [listed in
Subdivision (3),] Article 2A.001(3) [2.12], who is licensed under
Chapter 1701, Occupations Code, and is outside of the officer's
jurisdiction may arrest without a warrant a person who commits any
offense within the officer's presence or view, except that an
officer described in this subdivision who is outside of that
officer's jurisdiction may arrest a person for a violation of
Subtitle C, Title 7, Transportation Code, only if the offense is
committed in the county or counties in which the municipality
employing the peace officer is located.
SECTION 2.014. Article 15.18(d), Code of Criminal
Procedure, is amended to read as follows:
(d) This article does not apply to an arrest made pursuant
to a capias pro fine issued under Chapter 43 or Article 45A.259
[45.045].
SECTION 2.015. Article 17.291(a), Code of Criminal
Procedure, is amended to read as follows:
(a) In this article:
(1) "Family [family] violence" has the meaning
assigned [to that phrase] by Section 71.004, Family Code. [; and]
(2) "Magistrate [magistrate]" has the meaning
assigned [to it] by Article 2A.151 [2.09 of this code].
SECTION 2.016. Section 4(a), Article 17.42, Code of
Criminal Procedure, is amended to read as follows:
(a) Except as otherwise provided by this subsection, if a
court releases an accused on personal bond on the recommendation of
a personal bond office, the court shall assess a personal bond
reimbursement fee of $20 or three percent of the amount of the bail
fixed for the accused, whichever is greater. The court may waive
the fee or assess a lesser fee if good cause is shown. A court that
requires a defendant to give a personal bond under Article 45A.107
[45.016] may not assess a personal bond fee under this subsection.
SECTION 2.017. Article 24.01(c), Code of Criminal
Procedure, is amended to read as follows:
(c) A person who is not a peace officer may not be compelled
to accept the duty to execute a subpoena, but if the person [he]
agrees in writing to accept that duty and neglects or refuses to
serve or return the subpoena, the person [he] may be punished in
accordance with Article 2A.055 [2.16 of this code].
SECTION 2.018. Article 27.14(d), Code of Criminal
Procedure, is amended to read as follows:
(d) If written notice of an offense for which maximum
possible punishment is by fine only or of a violation relating to
the manner, time, and place of parking has been prepared,
delivered, and filed with the court and a legible duplicate copy has
been given to the defendant, the written notice serves as a
complaint to which the defendant may plead "guilty," "not guilty,"
or "nolo contendere." If the defendant pleads "not guilty" to the
offense or fails to appear based on the written notice, a complaint
shall be filed that conforms to the requirements of Chapter 45A [45
of this code], and that complaint serves as an original complaint.
A defendant may waive the filing of a sworn complaint and elect that
the prosecution proceed on the written notice of the charged
offense if the defendant agrees in writing with the prosecution,
signs the agreement, and files it with the court.
SECTION 2.019. Article 38.141(c), Code of Criminal
Procedure, is amended to read as follows:
(c) In this article, "peace officer" means a person listed
in Article 2A.001 [2.12], and "special investigator" means a person
listed in Article 2A.002 [2.122].
SECTION 2.020. Section 9, Article 38.22, Code of Criminal
Procedure, is amended to read as follows:
Sec. 9. Notwithstanding any other provision of this
article, no oral, sign language, or written statement that is made
by a person accused of an offense listed in Article 2B.0202(a)
[2.32(b)] and made as a result of a custodial interrogation
occurring in a place of detention, as [that term is] defined by
Article 2B.0201 [2.32], is admissible against the accused in a
criminal proceeding unless:
(1) an electronic recording was made of the statement,
as required by Article 2B.0202(a) [2.32(b)]; or
(2) the attorney representing the state offers proof
satisfactory to the court that good cause, as described by Article
2B.0202(c) [2.32(d)], existed that made electronic recording of the
custodial interrogation infeasible.
SECTION 2.021. Article 38.43(e), Code of Criminal
Procedure, is amended to read as follows:
(e) To the extent of any conflict, this article controls
over Article 2A.155 [2.21].
SECTION 2.022. Article 38.50(f), Code of Criminal
Procedure, is amended to read as follows:
(f) To the extent of any conflict between this article and
Article 2A.155 [2.21] or 38.43, this article controls.
SECTION 2.023. Article 42.111, Code of Criminal Procedure,
is amended to read as follows:
Art. 42.111. DEFERRAL OF PROCEEDINGS IN CASES APPEALED TO
COUNTY COURT. If a defendant convicted of a misdemeanor punishable
by fine only appeals the conviction to a county court, on the trial
in county court the defendant may enter a plea of guilty or nolo
contendere to the offense. If the defendant enters a plea of guilty
or nolo contendere, the court may defer further proceedings without
entering an adjudication of guilt in the same manner as provided for
the deferral of proceedings in justice court or municipal court
under Subchapter G, Chapter 45A [Article 45.051 of this code]. This
article does not apply to a misdemeanor case disposed of under
Subchapter B, Chapter 543, Transportation Code, or a serious
traffic violation as defined by Section 522.003, Transportation
Code.
SECTION 2.024. Articles 42.15(a-1), (d), and (f), Code of
Criminal Procedure, are amended to read as follows:
(a-1) Notwithstanding any other provision of this article,
during or immediately after imposing a sentence in a case in which
the defendant entered a plea in open court as provided by Article
27.13, 27.14(a), or 27.16(a), a court shall inquire on the record
whether the defendant has sufficient resources or income to
immediately pay all or part of the fine and costs. If the court
determines that the defendant does not have sufficient resources or
income to immediately pay all or part of the fine and costs, the
court shall determine whether the fine and costs should be:
(1) subject to Subsection (c), required to be paid at
some later date or in a specified portion at designated intervals;
(2) discharged by performing community service under,
as applicable, Article 43.09(f), 45A.254, 45A.459, or 45A.460
[Article 45.049, Article 45.0492, as added by Chapter 227 (H.B.
350), Acts of the 82nd Legislature, Regular Session, 2011, or
Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the
82nd Legislature, Regular Session, 2011];
(3) waived in full or in part under Article 43.091 or
45A.257 [45.0491]; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
(d) A judge may allow a defendant who is a child, as defined
by Article 45A.453(a) [45.058(h)], to elect at the time of
conviction, as defined by Section 133.101, Local Government Code,
to discharge the fine and costs by:
(1) performing community service or receiving
tutoring under Article 45A.460 [45.0492, as added by Chapter 227
(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
or
(2) paying the fine and costs in a manner described by
Subsection (b).
(f) The requirement under Article 45A.460(a) [45.0492(a),
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
Regular Session, 2011,] that an offense occur in a building or on
the grounds of the primary or secondary school at which the
defendant was enrolled at the time of the offense does not apply to
the performance of community service or the receipt of tutoring to
discharge a fine or costs under Subsection (d)(1).
SECTION 2.025. Article 42A.655(f), Code of Criminal
Procedure, is amended to read as follows:
(f) Notwithstanding any other law, if the court determines
under this article at any time during a defendant's period of
community supervision, including deferred adjudication community
supervision, that the defendant does not have sufficient resources
or income to make a payment included under Subsection (b), the court
shall determine whether all or a portion of the payment should be:
(1) required to be paid at a later date or in a
specified portion at designated intervals;
(2) waived completely or partially under Article
43.091 or 45A.257 [45.0491];
(3) discharged by performing community service under
Article 42A.304 or 45A.254 [45.049], as applicable; or
(4) satisfied through any combination of methods under
Subdivisions (1)-(3).
SECTION 2.026. Article 43.03(e), Code of Criminal
Procedure, is amended to read as follows:
(e) This article does not apply to a court governed by
Chapter 45A [45].
SECTION 2.027. Article 43.09(n), Code of Criminal
Procedure, is amended to read as follows:
(n) This article does not apply to a court governed by
Chapter 45A [45].
SECTION 2.028. Articles 43.091(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) A court may waive payment of all or part of a fine
imposed on a defendant if the court determines that:
(1) the defendant is indigent or does not have
sufficient resources or income to pay all or part of the fine or
was, at the time the offense was committed, a child as defined by
Article 45A.453(a) [45.058(h)]; and
(2) each alternative method of discharging the fine
under Article 43.09 or 42.15 would impose an undue hardship on the
defendant.
(c) A court may waive payment of all or part of the costs
imposed on a defendant if the court determines that the defendant:
(1) is indigent or does not have sufficient resources
or income to pay all or part of the costs; or
(2) was, at the time the offense was committed, a child
as defined by Article 45A.453(a) [45.058(h)].
SECTION 2.029. Article 44.2811, Code of Criminal Procedure,
is amended to read as follows:
Art. 44.2811. RECORDS RELATING TO CERTAIN FINE-ONLY
MISDEMEANORS COMMITTED BY A CHILD. All records and files and
information stored by electronic means or otherwise, from which a
record or file could be generated, relating to a criminal case for a
fine-only misdemeanor, other than a traffic offense, that is
committed by a child and that is appealed are confidential and may
not be disclosed to the public except as provided under Article
45A.462(c) [45.0217(b)].
SECTION 2.030. Article 44.2812(a), Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (b) and Article
45A.055(b) [45.0218(b)], following the fifth anniversary of the
date of a final conviction of, or of a dismissal after deferral of
disposition for, a misdemeanor offense punishable by fine only, all
records and files and information stored by electronic means or
otherwise, from which a record or file could be generated, that are
held or stored by or for an appellate court and relate to the person
who was convicted of, or who received a dismissal after deferral of
disposition for, the offense are confidential and may not be
disclosed to the public.
SECTION 2.031. Article 46C.155(b), Code of Criminal
Procedure, is amended to read as follows:
(b) A defendant who is found not guilty by reason of
insanity is not considered to be acquitted for purposes of Chapter
55A [55].
SECTION 2.032. Article 56B.251, Code of Criminal Procedure,
is amended to read as follows:
Art. 56B.251. DEFINITION. In this subchapter, "peace
officer" means an individual elected, appointed, or employed to
serve as a peace officer for a governmental entity under Article
2A.001 [2.12] or other law. The term includes a former peace
officer who is entitled to receive payments under this subchapter
because of an injury suffered while performing duties as a peace
officer.
SECTION 2.033. Article 59.06(c-1), Code of Criminal
Procedure, is amended to read as follows:
(c-1) Notwithstanding Subsection (a), the attorney
representing the state and special rangers of the Texas and
Southwestern Cattle Raisers Association who meet the requirements
of Article 2A.006 [2.125] may enter into a local agreement that
allows the attorney representing the state to transfer proceeds
from the sale of forfeited property described by Subsection (c),
after the deduction of court costs as described by that subsection,
to a special fund established for the special rangers. Proceeds
transferred under this subsection must be used by the special
rangers solely for law enforcement purposes. Any expenditures of
the proceeds are subject to the audit provisions established under
this article.
SECTION 2.034. Article 66.105(a), Code of Criminal
Procedure, is amended to read as follows:
(a) On receipt of information from a local law enforcement
agency under Article 2A.061 [2.28], the Department of Public Safety
shall:
(1) provide the notice described by Article 2A.061(1)
[2.28(1)] to the person whose identity was misused, if the local law
enforcement agency was unable to notify the person under that
subdivision;
(2) take action to ensure that the information
maintained in the computerized criminal history system reflects the
use of the person's identity as a stolen alias; and
(3) notify the Texas Department of Criminal Justice
that the person's identifying information may have been falsely
used by an inmate in the custody of the Texas Department of Criminal
Justice.
SECTION 2.035. Articles 102.006(a-1), (b), and (b-1), Code
of Criminal Procedure, are amended to read as follows:
(a-1) In addition to any other fees required by other law
and except as provided by Subsection (b), a petitioner seeking
expunction of a criminal record in a justice court or a municipal
court of record under Chapter 55A [55] shall pay a fee of $100 for
filing an ex parte petition for expunction to defray the cost of
notifying state agencies of orders of expunction under that
chapter.
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if the petitioner
seeks expunction of a criminal record that relates to an arrest for
an offense of which the person was acquitted, other than an
acquittal for an offense described by Article 55A.151 [55.01(c)],
and the petition for expunction is filed not later than the 30th day
after the date of the acquittal.
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A)
[55.01(a)(2)(A)(ii)(a)] after successful completion of a veterans
treatment court program created under Chapter 124, Government Code,
or former law; or
(2) under Article 55A.053(a)(2)(B)
[55.01(a)(2)(A)(ii)(b)] after successful completion of a mental
health court program created under Chapter 125, Government Code, or
former law.
SECTION 2.036. Section 25.091(c)(2), Education Code, is
amended to read as follows:
(2) "Peace officer" has the meaning assigned by
Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.037. Section 25.093(c-1), Education Code, is
amended to read as follows:
(c-1) Each day the child remains out of school may
constitute a separate offense. Two or more offenses under
Subsection (a) may be consolidated and prosecuted in a single
action. If the court orders deferred disposition under Subchapter
G, Chapter 45A [Article 45.051], Code of Criminal Procedure, the
court may require the defendant to provide personal services to a
charitable or educational institution as a condition of the
deferral.
SECTION 2.038. Section 25.0952, Education Code, is amended
to read as follows:
Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING
TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint
under Section 25.093, the court shall, except as otherwise provided
by this chapter, use the procedures and exercise the powers
authorized by Chapter 45A [45], Code of Criminal Procedure.
SECTION 2.039. Section 37.081(b), Education Code, is
amended to read as follows:
(b) In a peace officer's jurisdiction, a peace officer
commissioned under this section:
(1) has the powers, privileges, and immunities of
peace officers;
(2) may enforce all laws, including municipal
ordinances, county ordinances, and state laws;
(3) may, in accordance with Chapter 52, Family Code,
or Article 45A.453 [45.058], Code of Criminal Procedure, take a
child into custody; and
(4) may dispose of cases in accordance with Section
52.03 or 52.031, Family Code.
SECTION 2.040. Section 37.146, Education Code, is amended
to read as follows:
Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint
alleging the commission of a school offense must, in addition to the
requirements imposed by Article 45A.101 [45.019], Code of Criminal
Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
special services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
(b) After a complaint has been filed under this subchapter,
a summons may be issued under Articles 23.04 and 45A.457(e)
[45.057(e)], Code of Criminal Procedure.
(c) A complaint under this subchapter may include a
recommendation by a school employee that the child attend a teen
court program under Article 45A.401 [45.052], Code of Criminal
Procedure, if the school employee believes attending a teen court
program is in the best interest of the child.
SECTION 2.041. Section 61.9951, Education Code, is amended
to read as follows:
Sec. 61.9951. DEFINITION. In this subchapter, "peace
officer" has the meaning assigned by Article 2A.001 [2.12], Code of
Criminal Procedure.
SECTION 2.042. Section 1001.002(a), Education Code, is
amended to read as follows:
(a) An organization is exempt from this chapter if the
organization:
(1) has 50,000 or more members;
(2) qualifies for a tax exemption under Section
501(a), Internal Revenue Code of 1986, as an organization described
by Section 501(c)(4) of that code; and
(3) conducts for its members and other individuals who
are at least 50 years of age a driving safety course that is not used
for purposes of Subchapter H, Chapter 45A [Article 45.0511], Code
of Criminal Procedure.
SECTION 2.043. Section 1001.151(b), Education Code, is
amended to read as follows:
(b) The commission by rule shall establish a fee for:
(1) an initial in-person driver education provider
license and for each branch location;
(2) an initial online driver education provider
license;
(3) an initial parent-taught driver education
provider license;
(4) an initial driving safety provider license;
(5) the annual renewal for a driving safety provider,
driver education provider, or branch location of an in-person
driver education provider, except that the executive director may
waive the fee if revenue generated by the issuance of course
completion certificate numbers and driver education certificates
is sufficient to cover the cost of administering this chapter and
Subchapter H, Chapter 45A [Article 45.0511], Code of Criminal
Procedure;
(6) a change of address of a driver education provider
or driving safety provider; and
(7) a change of name of:
(A) a driver education provider or an owner of a
driver education provider; or
(B) a driving safety provider or an owner of a
driving safety provider.
SECTION 2.044. Section 1001.453(a), Education Code, is
amended to read as follows:
(a) A person may not distribute within 500 feet of a court
with jurisdiction over an offense to which Subchapter H, Chapter
45A [Article 45.0511], Code of Criminal Procedure, applies written
information that advertises a driving safety provider.
SECTION 2.045. Section 13.004(c), Election Code, is amended
to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) the residence address of the applicant, if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge, a family member of a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, or a state
judge, the spouse of a peace officer as defined by Article 2A.001
[2.12], Code of Criminal Procedure, or an individual to whom
Section 552.1175, Government Code, or Section 521.1211,
Transportation Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, if the applicant is a federal judge, including a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a state judge or a family
member of a federal judge, including a federal bankruptcy judge, a
marshal of the United States Marshals Service, a United States
attorney, or a state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision, if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge or a family member of a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, or a state
judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(5) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(7) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 58.059, Code of Criminal Procedure; or
(8) the telephone number of any applicant submitting
documentation under Subdivision (4), (5), (6), or (7).
SECTION 2.046. Section 51.02(7), Family Code, is amended to
read as follows:
(7) "Law-enforcement officer" means a peace officer as
defined by Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.047. Section 51.08(d), Family Code, is amended to
read as follows:
(d) A court that has implemented a juvenile case manager
program under Article 45A.451 [45.056], Code of Criminal Procedure,
may, but is not required to, waive its original jurisdiction under
Subsection (b)(1)(B).
SECTION 2.048. Section 51.12(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (h), a child may be
detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45A.453 [45.058], Code of Criminal Procedure;
(3) certified juvenile detention facility that
complies with the requirements of Subsection (f);
(4) secure detention facility as provided by
Subsection (j);
(5) county jail or other facility as provided by
Subsection (l); or
(6) nonsecure correctional facility as provided by
Subsection (j-1).
SECTION 2.049. Section 65.017, Family Code, is amended to
read as follows:
Sec. 65.017. JUVENILE CASE MANAGERS. A truancy court may
employ a juvenile case manager in accordance with Article 45A.451
[45.056], Code of Criminal Procedure, to provide services to
children who have been referred to the truancy court or who are in
jeopardy of being referred to the truancy court.
SECTION 2.050. Sections 261.301(f) and (h), Family Code,
are amended to read as follows:
(f) An investigation of a report to the department that
alleges that a child has been or may be the victim of conduct that
constitutes a criminal offense that poses an immediate risk of
physical or sexual abuse of a child that could result in the death
of or serious harm to the child shall be conducted jointly by a
peace officer, as defined by Article 2A.001 [2.12], Code of
Criminal Procedure, from the appropriate local law enforcement
agency and the department or the agency responsible for conducting
an investigation under Subchapter E.
(h) The department and the appropriate local law
enforcement agency shall conduct an investigation, other than an
investigation under Subchapter E, as provided by this section and
Article 2A.057 [2.27], Code of Criminal Procedure, if the
investigation is of a report that alleges that a child has been or
may be the victim of conduct that constitutes a criminal offense
that poses an immediate risk of physical or sexual abuse of a child
that could result in the death of or serious harm to the child.
Immediately on receipt of a report described by this subsection,
the department shall notify the appropriate local law enforcement
agency of the report.
SECTION 2.051. Section 261.3023, Family Code, is amended to
read as follows:
Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
CHECK ALERT. If a law enforcement officer encounters a child or
other person listed on the Texas Crime Information Center's child
safety check alert list, the law enforcement officer shall follow
the procedures described by Article 2A.056 [2.272], Code of
Criminal Procedure.
SECTION 2.052. Sections 261.3024(a) and (b), Family Code,
are amended to read as follows:
(a) A law enforcement officer who locates a child listed on
the Texas Crime Information Center's child safety check alert list
shall report that the child has been located in the manner
prescribed by Article 2A.056 [2.272], Code of Criminal Procedure.
(b) If the department locates a child who has been placed on
the child safety check alert list established under Section
261.3022 through a means other than information reported to the
department by a law enforcement officer under Article 2A.056
[2.272], Code of Criminal Procedure, the department shall report to
the Texas Crime Information Center that the child has been located.
SECTION 2.053. Section 264.302(e), Family Code, is amended
to read as follows:
(e) The department shall provide services for a child and
the child's family if a contract to provide services under this
section is available in the county and the child is referred to the
department as an at-risk child by:
(1) a juvenile court or probation department as part
of a progressive sanctions program under Chapter 59;
(2) a law enforcement officer or agency under Section
52.03; or
(3) a justice or municipal court under Article 45A.457
[45.057], Code of Criminal Procedure.
SECTION 2.054. Section 25.0732(z), Government Code, is
amended to read as follows:
(z) The County Criminal Courts No. 1, No. 2, No. 3, and
No. 4 have the criminal jurisdiction provided by this section and
other law for statutory county courts in El Paso County and
appellate jurisdiction in appeals of criminal cases from justice
courts and municipal courts in the county as provided by Article
45A.202 [45.042], Code of Criminal Procedure. The County Criminal
Court No. 4 shall give preference to cases prosecuted under:
(1) Section 22.01, Penal Code, in which the victim is a
person whose relationship to or association with the defendant is
described under Chapter 71, Family Code; and
(2) Section 25.07, Penal Code.
SECTION 2.055. Section 25.2422(a), Government Code, is
amended to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Webb County has
concurrent jurisdiction with the district court in:
(1) family law cases and proceedings;
(2) cases and proceedings involving justiciable
controversies and differences between spouses, or between parents,
or between parent and child, or between any of these and third
persons; and
(3) proceedings to expunge a criminal arrest record
under Chapter 55A [55], Code of Criminal Procedure.
SECTION 2.056. Section 30.00011, Government Code, is
amended to read as follows:
Sec. 30.00011. PROSECUTIONS. All prosecutions in municipal
courts of record shall be conducted as provided by Article 45A.005
[45.03], Code of Criminal Procedure.
SECTION 2.057. Section 30.00013(a), Government Code, is
amended to read as follows:
(a) Ordinances, rules, and procedures concerning a trial by
a jury, including the summoning of jurors, must substantially
conform to Chapter 45A [45], Code of Criminal Procedure.
SECTION 2.058. Section 30.001845(a), Government Code, is
amended to read as follows:
(a) The governing body may appoint one or more magistrates
in addition to magistrates provided under Article 2A.151 [2.09],
Code of Criminal Procedure.
SECTION 2.059. Section 30.004945(a), Government Code, is
amended to read as follows:
(a) The governing body may appoint one or more magistrates
in addition to magistrates provided under Article 2A.151 [2.09],
Code of Criminal Procedure.
SECTION 2.060. Section 30.00635(a), Government Code, is
amended to read as follows:
(a) The governing body may appoint one or more magistrates
in addition to magistrates provided under Article 2A.151 [2.09],
Code of Criminal Procedure.
SECTION 2.061. Section 30.01255(a), Government Code, is
amended to read as follows:
(a) The governing body may appoint one or more magistrates
in addition to magistrates provided under Article 2A.151 [2.09],
Code of Criminal Procedure.
SECTION 2.062. Section 30.01542(a), Government Code, is
amended to read as follows:
(a) The governing body may appoint one or more magistrates
in addition to magistrates provided under Article 2A.151 [2.09],
Code of Criminal Procedure.
SECTION 2.063. Section 51.1045(a), Government Code, is
amended to read as follows:
(a) In this section, "digital multimedia evidence" has the
meaning assigned by Article 2A.153 [2.21], Code of Criminal
Procedure.
SECTION 2.064. Section 53.0071, Government Code, is amended
to read as follows:
Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
appointing judge provides otherwise in the order of appointment, a
bailiff appointed under Section 53.001(b), (g), (k), or (m) or
53.002(c), (e), or (f) is a "peace officer" for purposes of Article
2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.065. Section 54.1955(a), Government Code, is
amended to read as follows:
(a) Except as limited by an order of the county judge, a
magistrate appointed under this subchapter may:
(1) conduct hearings;
(2) hear evidence;
(3) issue summons for the appearance of witnesses;
(4) examine witnesses;
(5) swear witnesses for hearings;
(6) recommend rulings or orders or a judgment in a
case;
(7) regulate proceedings in a hearing;
(8) accept a plea of guilty or nolo contendere in a
case alleging a violation of Section 25.093, Education Code, and
assess a fine or court costs or order community service in
satisfaction of a fine or costs in accordance with Article 45A.254
[45.049], Code of Criminal Procedure;
(9) for a violation of Section 25.093, Education Code,
enter an order suspending a sentence or deferring a final
disposition that includes at least one of the requirements listed
in Subchapter G, Chapter 45A [Article 45.051], Code of Criminal
Procedure;
(10) for an uncontested adjudication of truant conduct
under Section 65.003, Family Code, accept a plea to the petition or
a stipulation of evidence, and take any other action authorized
under Chapter 65, Family Code; and
(11) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the referral order, including the entry of an order that includes at
least one of the remedial options in Section 65.103, Family Code.
SECTION 2.066. Section 54.2205(a), Government Code, is
amended to read as follows:
(a) The judge of a district court or county court at law or a
justice of the peace may refer to a magistrate any case or matter
relating to a case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55A [55], Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilt;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition;
(14) selection of a jury; and
(15) any other matter the judge or justice of the peace
considers necessary and proper.
SECTION 2.067. Section 54.2405(a), Government Code, is
amended to read as follows:
(a) The judge of a district court or county court at law or a
justice of the peace may refer to a magistrate any case or matter
relating to a case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55A [55], Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilt;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition;
(14) selection of a jury; and
(15) any other matter the judge or justice of the peace
considers necessary and proper.
SECTION 2.068. Section 54.2503(b), Government Code, is
amended to read as follows:
(b) The criminal law magistrate court has the jurisdiction
provided by the constitution and laws of this state for
magistrates. A judge of the criminal law magistrate court is a
magistrate as [that term is] defined by Article 2A.151 [2.09], Code
of Criminal Procedure.
SECTION 2.069. Section 54.2606(a), Government Code, is
amended to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55A [55], Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilty;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary
and proper.
SECTION 2.070. Section 54.656(a), Government Code, is
amended to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an order of expunction under
Chapter 55A [55], Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an order of nondisclosure of
criminal history record information or an order of nondisclosure of
criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a motion to modify or revoke community
supervision or to proceed with an adjudication of guilt;
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary
and proper.
SECTION 2.071. Section 54.733(c), Government Code, is
amended to read as follows:
(c) The criminal law magistrate court has the jurisdiction
provided by the constitution and laws of this state for
magistrates. A judge of the criminal law magistrate court is a
magistrate as [that term is] defined by Article 2A.151 [Section
2.09], Code of Criminal Procedure.
SECTION 2.072. Section 71.034(e), Government Code, is
amended to read as follows:
(e) In addition to the information described by Subsection
(a), the council shall include in the report a summary of
information provided to the council during the preceding year under
Articles 2A.211 [2.211] and 2A.212 [2.212], Code of Criminal
Procedure.
SECTION 2.073. Section 71.0352, Government Code, is amended
to read as follows:
Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
TRUANCY COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) a justice court, municipal court, or truancy court
shall report the number of cases filed for:
(A) truant conduct under Section 65.003(a),
Family Code;
(B) the offense of parent contributing to
nonattendance under Section 25.093, Education Code; and
(C) a violation of a local daytime curfew
ordinance adopted under Section 341.905 or 351.903, Local
Government Code; and
(2) in cases in which a child fails to obey an order of
a justice court, municipal court, or truancy court under
circumstances that would constitute contempt of court, the justice
court, municipal court, or truancy court shall report the number of
incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45A.461(c)(1)
[45.050(c)(1)], Code of Criminal Procedure, or Section 65.251,
Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45A.461(c)(2) [45.050(c)(2)],
Code of Criminal Procedure, or Section 65.251, Family Code.
SECTION 2.074. Section 72.151(2), Government Code, is
amended to read as follows:
(2) "Peace officer" has the meaning assigned by
Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.075. Section 75.404(g), Government Code, is
amended to read as follows:
(g) The justices of the peace in Harris County may adopt
local rules:
(1) that are consistent with Chapter 45A [45], Code of
Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for
practice and procedure in the justice courts of Harris County; and
(2) for practice and procedure in the small claims
courts of Harris County.
SECTION 2.076. Section 124.001(b), Government Code, is
amended to read as follows:
(b) If a defendant who was arrested for or charged with, but
not convicted of or placed on deferred adjudication community
supervision for, an offense successfully completes a veterans
treatment court program, after notice to the attorney representing
the state and a hearing in the veterans treatment court at which
that court determines that a dismissal is in the best interest of
justice, the veterans treatment court shall provide to the court in
which the criminal case is pending information about the dismissal
and shall include all of the information required about the
defendant for a petition for expunction under Article 55A.253
[Section 2(b), Article 55.02], Code of Criminal Procedure. The
court in which the criminal case is pending shall dismiss the case
against the defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Article
55A.203(a) [Section 1a(a-1), Article 55.02], Code of Criminal
Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Article 55A.203(a)
[Section 1a(a-1), Article 55.02], Code of Criminal Procedure.
SECTION 2.077. Section 125.001(b), Government Code, is
amended to read as follows:
(b) If a defendant successfully completes a mental health
court program, after notice to the attorney representing the state
and a hearing in the mental health court at which that court
determines that a dismissal is in the best interest of justice, the
mental health court shall provide to the court in which the criminal
case is pending information about the dismissal and shall include
all of the information required about the defendant for a petition
for expunction under Article 55A.253 [Section 2(b), Article 55.02],
Code of Criminal Procedure. The court in which the criminal case is
pending shall dismiss the case against the defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Article
55A.203(b) [Section 1a(a-2), Article 55.02], Code of Criminal
Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Article 55A.203(b)
[Section 1a(a-2), Article 55.02], Code of Criminal Procedure.
SECTION 2.078. Section 125.003(b), Government Code, is
amended to read as follows:
(b) The issues shall be handled by a magistrate, as
designated by Article 2A.151 [2.09], Code of Criminal Procedure,
who is part of a mental health court program established under
Section 125.002.
SECTION 2.079. Section 402.0241(b), Government Code, is
amended to read as follows:
(b) The attorney general shall defend a local entity in any
action in any court if:
(1) the executive head or governing body, as
applicable, of the local entity requests the attorney general's
assistance in the defense; and
(2) the attorney general determines that the cause of
action arises out of a claim involving the local entity's
good-faith compliance with an immigration detainer request
required by Article 2A.060 [2.251], Code of Criminal Procedure.
SECTION 2.080. Section 402.028(c), Government Code, is
amended to read as follows:
(c) Nothing in this section shall prohibit an assistant
attorney general from appointment as attorney pro tem under the
provisions of Article 2A.104 [2.07], Code of Criminal Procedure.
SECTION 2.081. Section 406.014(d), Government Code, is
amended to read as follows:
(d) A notary public who administers an oath pursuant to
Article 45A.101 [45.019], Code of Criminal Procedure, is exempt
from the requirement in Subsection (a) of this section of recording
that oath.
SECTION 2.082. Section 411.0207(b), Government Code, is
amended to read as follows:
(b) A public corruption unit is created within the
department to investigate and assist in the management of
allegations of participation in organized criminal activity by:
(1) an individual elected, appointed, or employed to
serve as a peace officer for a governmental entity of this state
under Article 2A.001 [2.12], Code of Criminal Procedure; or
(2) a federal law enforcement officer while performing
duties in this state.
SECTION 2.083. Section 411.0208(a), Government Code, is
amended to read as follows:
(a) The commission may provide for the establishment of a
reserve officer corps consisting of retired or previously
commissioned peace officers, as defined by Article 2A.001 [2.12],
Code of Criminal Procedure, who retired or resigned in good
standing.
SECTION 2.084. Section 411.0253(d), Government Code, is
amended to read as follows:
(d) If an initial investigation by the public integrity unit
demonstrates a reasonable suspicion that an offense against public
administration occurred, the matter shall be referred to the
prosecuting attorney of the county in which venue is proper under
Section 411.0256 of this code or Chapter 13A [13], Code of Criminal
Procedure, as applicable.
SECTION 2.085. Section 411.0255(b-2), Government Code, is
amended to read as follows:
(b-2) The public integrity unit shall inform the judge of
the court with jurisdiction over a complaint if the prosecuting
attorney is disqualified for purposes of Article 2A.104 [2.07],
Code of Criminal Procedure, because the prosecuting attorney is the
subject of a criminal investigation under this subchapter based on
credible evidence of criminal misconduct. On showing that the
prosecuting attorney is the subject of the investigation, the judge
shall order the prosecuting attorney disqualified under Article
2A.105 [2.08], Code of Criminal Procedure.
SECTION 2.086. Section 411.0256, Government Code, is
amended to read as follows:
Sec. 411.0256. VENUE. Notwithstanding Chapter 13A [13],
Code of Criminal Procedure, or other law, if the defendant is a
natural person, venue for prosecution of an offense against public
administration and lesser included offenses arising from the same
transaction is the county in which the defendant resided at the time
the offense was committed.
SECTION 2.087. Section 411.0835, Government Code, is
amended to read as follows:
Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
CERTAIN PRIVATE ENTITIES. If the department receives information
indicating that a private entity that purchases criminal history
record information from the department has been found by a court to
have committed three or more violations of Section 552.1425 by
compiling or disseminating information with respect to which an
order of expunction has been issued under Subchapter E or F, Chapter
55A [Article 55.02], Code of Criminal Procedure, or an order of
nondisclosure of criminal history record information has been
issued under Subchapter E-1 of this chapter, the department may not
release any criminal history record information to that entity
until the first anniversary of the date of the most recent
violation.
SECTION 2.088. Section 411.0851(a), Government Code, is
amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information shall destroy and
may not disseminate any information in the possession of the entity
with respect to which the entity has received notice that:
(1) an order of expunction has been issued under
Subchapter E or F, Chapter 55A [Article 55.02], Code of Criminal
Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1 of this
chapter.
SECTION 2.089. Sections 411.151(a) and (b), Government
Code, are amended to read as follows:
(a) The director shall expunge a DNA record of an individual
from a DNA database if the person:
(1) notifies the director in writing that the DNA
record has been ordered to be expunged under this section or Chapter
55A [55], Code of Criminal Procedure, and provides the director
with a certified copy of the court order that expunges the DNA
record; or
(2) provides the director with a certified copy of a
court order issued under Subchapter C-1, Chapter 58, Family Code,
that seals the juvenile record of the adjudication that resulted in
the DNA record.
(b) A person may obtain [petition for] the expunction of a
DNA record under the procedures established under Subchapter E or
F, Chapter 55A [Article 55.02], Code of Criminal Procedure, as
applicable, if the person is entitled to the expunction of records
relating to the offense to which the DNA record is related under
Subchapter A, B, or C, Chapter 55A [Article 55.01], Code of Criminal
Procedure.
SECTION 2.090. Section 411.199(a), Government Code, is
amended to read as follows:
(a) The following peace officers may apply for a license
issued under this subchapter at any time after retirement:
(1) a person who is licensed as a peace officer under
Chapter 1701, Occupations Code, and who has been employed full-time
as a peace officer by a law enforcement agency;
(2) a railroad peace officer appointed by the director
under Article 2A.005 [2.121], Code of Criminal Procedure, who holds
a certificate of authority issued by the director under that
article and a peace officer license issued by the Texas Commission
on Law Enforcement; or
(3) a special ranger of the Texas and Southwestern
Cattle Raisers Association appointed by the director under Article
2A.006 [2.125], Code of Criminal Procedure, who holds a certificate
of authority issued by the director under that article and a peace
officer license issued by the Texas Commission on Law Enforcement.
SECTION 2.091. Section 411.1991(a), Government Code, is
amended to read as follows:
(a) A person may apply for a license issued under this
subchapter if the person is:
(1) licensed as a peace officer under Chapter 1701,
Occupations Code, and employed as a peace officer by a law
enforcement agency;
(2) a railroad peace officer appointed by the director
under Article 2A.005 [2.121], Code of Criminal Procedure, who holds
a certificate of authority issued by the director under that
article and a peace officer license issued by the Texas Commission
on Law Enforcement;
(3) a special ranger of the Texas and Southwestern
Cattle Raisers Association appointed by the director under Article
2A.006 [2.125], Code of Criminal Procedure, who holds a certificate
of authority issued by the director under that article and a peace
officer license issued by the Texas Commission on Law Enforcement;
or
(4) a member of the Texas military forces, excluding
Texas State Guard members who are serving in the Texas Legislature.
SECTION 2.092. Section 411.254(b), Government Code, is
amended to read as follows:
(b) The inspector general is not required to be a peace
officer as [that term is] defined by Article 2A.001 [2.12], Code of
Criminal Procedure. The commission or director may commission the
inspector general as a commissioned peace officer of the department
if the inspector general holds a permanent peace officer license
issued under Chapter 1701, Occupations Code.
SECTION 2.093. Section 411.441(3), Government Code, is
amended to read as follows:
(3) "Law enforcement officer" means a person who is a
peace officer under Article 2A.001 [2.12], Code of Criminal
Procedure, or a person who is a federal law enforcement officer, as
defined by 5 U.S.C. Section 8331(20).
SECTION 2.094. Section 466.3011, Government Code, is
amended to read as follows:
Sec. 466.3011. VENUE. Venue is proper in Travis County or
any county in which venue is proper under Chapter 13A [13], Code of
Criminal Procedure, for:
(1) an offense under this chapter;
(2) an offense under the Penal Code, if the accused:
(A) is a lottery operator, lottery vendor, sales
agent, or employee of the division; and
(B) is alleged to have committed the offense
while engaged in lottery activities; or
(3) an offense that involves property consisting of or
including lottery tickets under Title 7 or 11, Penal Code.
SECTION 2.095. Section 493.0251(b), Government Code, is
amended to read as follows:
(b) If the department receives a notification under Article
2A.110 [2.023], Code of Criminal Procedure, regarding the
indictment of a defendant described by that article, the department
shall, to the extent requested under Subsection (c), make a
reasonable effort to provide notice of the offense charged in the
indictment to each victim, guardian of a victim, or close relative
of a deceased victim of an offense described by Article 2A.110(a)
[2.023(a)], Code of Criminal Procedure, for which the defendant was
previously imprisoned at a facility operated by or under contract
with the department and subsequently released.
SECTION 2.096. Section 531.1022(c), Government Code, is
amended to read as follows:
(c) A peace officer employed and commissioned by the office
under this section is a peace officer for purposes of Article 2A.001
[2.12], Code of Criminal Procedure.
SECTION 2.097. Section 552.117(a), Government Code, is
amended to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is information that relates to the home
address, home telephone number, emergency contact information, or
social security number of the following person or that reveals
whether the person has family members:
(1) a current or former official or employee of a
governmental body, except as otherwise provided by Section 552.024;
(2) a current or honorably retired peace officer as
defined by Article 2A.001 [2.12], Code of Criminal Procedure, or a
current or honorably retired security officer commissioned under
Section 51.212, Education Code, regardless of whether the officer
complies with Section 552.024 or 552.1175, as applicable;
(3) a current or former employee of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department, regardless of
whether the current or former employee complies with Section
552.1175;
(4) a peace officer as defined by Article 2A.001
[2.12], Code of Criminal Procedure, or other law, a reserve law
enforcement officer, a commissioned deputy game warden, or a
corrections officer in a municipal, county, or state penal
institution in this state who was killed in the line of duty,
regardless of whether the deceased complied with Section 552.024 or
552.1175;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code, regardless of whether the
officer complies with Section 552.024 or 552.1175, as applicable;
(6) an officer or employee of a community supervision
and corrections department established under Chapter 76 who
performs a duty described by Section 76.004(b), regardless of
whether the officer or employee complies with Section 552.024 or
552.1175;
(7) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement, regardless of whether
the current or former employee complies with Section 552.024 or
552.1175;
(8) a current or former employee of the Texas Juvenile
Justice Department or of the predecessors in function of the
department, regardless of whether the current or former employee
complies with Section 552.024 or 552.1175;
(9) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code, regardless of whether the
current or former officer complies with Section 552.024 or
552.1175;
(10) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code, regardless of whether the current or former
employee complies with Section 552.024 or 552.1175;
(11) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(12) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters, regardless of whether the current or former attorney
complies with Section 552.024 or 552.1175;
(13) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(14) a current or former employee of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office, regardless of whether the current or
former employee complies with Section 552.024 or 552.1175;
(15) a current or former federal judge or state judge,
as those terms are defined by Section 1.005, Election Code, a
federal bankruptcy judge, a marshal of the United States Marshals
Service, a United States attorney, or a family member of a current
or former federal judge, including a federal bankruptcy judge, a
marshal of the United States Marshals Service, a United States
attorney, or a state judge;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services, regardless of
whether the caseworker or investigator complies with Section
552.024 or 552.1175, or a current or former employee of a department
contractor performing child protective services caseworker, adult
protective services caseworker, or investigator functions for the
contractor on behalf of the department;
(17) an elected public officer, regardless of whether
the officer complies with Section 552.024 or 552.1175;
(18) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse or child of the current or former attorney or public
defender, regardless of whether the person complies with Section
552.024 or 552.1175; or
(19) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code, regardless of whether the firefighter or
volunteer firefighter or emergency medical services personnel
comply with Section 552.024 or 552.1175, as applicable.
SECTION 2.098. Section 552.1175(a), Government Code, is
amended to read as follows:
(a) This section applies only to:
(1) current or honorably retired peace officers as
defined by Article 2A.001 [2.12], Code of Criminal Procedure, or
special investigators as described by Article 2A.002 [2.122], Code
of Criminal Procedure;
(2) current or honorably retired county jailers as
defined by Section 1701.001, Occupations Code;
(3) current or former employees of the Texas
Department of Criminal Justice or of the predecessor in function of
the department or any division of the department;
(4) commissioned security officers as defined by
Section 1702.002, Occupations Code;
(5) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(5-a) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(6) officers and employees of a community supervision
and corrections department established under Chapter 76 who perform
a duty described by Section 76.004(b);
(7) criminal investigators of the United States as
described by Article 2A.002(a) [2.122(a)], Code of Criminal
Procedure;
(8) current or honorably retired police officers and
inspectors of the United States Federal Protective Service;
(9) current and former employees of the office of the
attorney general who are or were assigned to a division of that
office the duties of which involve law enforcement;
(10) current or former juvenile probation and
detention officers certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(11) current or former employees of a juvenile justice
program or facility, as those terms are defined by Section 261.405,
Family Code;
(12) current or former employees of the Texas Juvenile
Justice Department or the predecessors in function of the
department;
(13) federal judges and state judges as defined by
Section 1.005, Election Code;
(14) current or former employees of the Texas Civil
Commitment Office or of the predecessor in function of the office or
a division of the office;
(15) a current or former member of the United States
Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
service of one of those branches of the armed forces, or the Texas
military forces, as that term is defined by Section 437.001;
(16) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(17) an elected public officer;
(18) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code; and
(19) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender.
SECTION 2.099. Section 552.119(a), Government Code, is
amended to read as follows:
(a) A photograph that depicts a peace officer as defined by
Article 2A.001 [2.12], Code of Criminal Procedure, the release of
which would endanger the life or physical safety of the officer, is
excepted from the requirements of Section 552.021 unless:
(1) the officer is under indictment or charged with an
offense by information;
(2) the officer is a party in a civil service hearing
or a case in arbitration; or
(3) the photograph is introduced as evidence in a
judicial proceeding.
SECTION 2.100. Section 552.1425(a), Government Code, is
amended to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information with respect to which the entity has
received notice that:
(1) an order of expunction has been issued under
Subchapter E or F, Chapter 55A [Article 55.02], Code of Criminal
Procedure; or
(2) an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
411.
SECTION 2.101. Section 574.004, Government Code, is amended
to read as follows:
Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This chapter
does not prevent the attorney general from providing assistance to
district attorneys, criminal district attorneys, and county
attorneys on request by allowing assistant attorneys general to
serve as duly appointed and deputized assistant prosecutors, nor
does this chapter prohibit the appointment of an assistant attorney
general as an attorney pro tem pursuant to Article 2A.104 [2.07],
Code of Criminal Procedure.
SECTION 2.102. Section 602.002, Government Code, is amended
to read as follows:
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
state may be administered and a certificate of the fact given by:
(1) a judge, retired judge, or clerk of a municipal
court;
(2) a judge, retired judge, senior judge, clerk, or
commissioner of a court of record;
(3) a justice of the peace or a clerk of a justice
court;
(4) an associate judge, magistrate, master, referee,
or criminal law hearing officer;
(5) a notary public;
(6) a member of a board or commission created by a law
of this state, in a matter pertaining to a duty of the board or
commission;
(7) a person employed by the Texas Ethics Commission
who has a duty related to a report required by Title 15, Election
Code, in a matter pertaining to that duty;
(8) a county tax assessor-collector or an employee of
the county tax assessor-collector if the oath relates to a document
that is required or authorized to be filed in the office of the
county tax assessor-collector;
(9) the secretary of state or a former secretary of
state;
(10) an employee of a personal bond office, or an
employee of a county, who is employed to obtain information
required to be obtained under oath if the oath is required or
authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
Criminal Procedure;
(11) the lieutenant governor or a former lieutenant
governor;
(12) the speaker of the house of representatives or a
former speaker of the house of representatives;
(13) the governor or a former governor;
(14) a legislator or retired legislator;
(14-a) the secretary of the senate or the chief clerk
of the house of representatives;
(15) the attorney general or a former attorney
general;
(16) the secretary or clerk of a municipality in a
matter pertaining to the official business of the municipality;
(17) a peace officer described by Article 2A.001
[2.12], Code of Criminal Procedure, if:
(A) the oath is administered when the officer is
engaged in the performance of the officer's duties; and
(B) the administration of the oath relates to the
officer's duties; or
(18) a county treasurer.
SECTION 2.103. Section 607.051(4), Government Code, is
amended to read as follows:
(4) "Peace officer" means an individual elected,
appointed, or employed to serve as a peace officer for a
governmental entity under Article 2A.001 [2.12], Code of Criminal
Procedure, or other law.
SECTION 2.104. Section 612.005(a), Government Code, is
amended to read as follows:
(a) In this section, "law enforcement officer" means a peace
officer as defined by Article 2A.001 [2.12], Code of Criminal
Procedure, or other law.
SECTION 2.105. Section 614.001(3), Government Code, is
amended to read as follows:
(3) "Peace officer" means an individual elected,
appointed, or employed to serve as a peace officer for a
governmental entity under Article 2A.001 [2.12], Code of Criminal
Procedure, or other law.
SECTION 2.106. Section 614.021(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), this subchapter
applies only to a complaint against:
(1) a law enforcement officer of the State of Texas,
including an officer of the Department of Public Safety or of the
Texas Alcoholic Beverage Commission;
(2) a fire fighter who is employed by this state or a
political subdivision of this state;
(3) a peace officer under Article 2A.001 [2.12], Code
of Criminal Procedure, or other law who is appointed or employed by
a political subdivision of this state; or
(4) a detention officer or county jailer who is
appointed or employed by a political subdivision of this state.
SECTION 2.107. Section 614.061, Government Code, is amended
to read as follows:
Sec. 614.061. DEFINITION. In this subchapter, "peace
officer" means a person who:
(1) is elected, appointed, or employed by a
governmental entity; and
(2) is a peace officer under Article 2A.001 [2.12],
Code of Criminal Procedure, or other law.
SECTION 2.108. Sections 614.121(1), (2), and (3),
Government Code, are amended to read as follows:
(1) "Full-time peace officer" means a person elected,
employed, or appointed as a peace officer under Article 2A.001
[2.12], Code of Criminal Procedure, or other law, who:
(A) works as a peace officer on average at least
32 hours per week, exclusive of paid vacation; and
(B) is compensated by this state or a political
subdivision of this state at least at the federal minimum wage and
is entitled to all employee benefits offered to a peace officer by
the state or political subdivision.
(2) "Honorably retired peace officer" means a former
peace officer who:
(A) previously served but is not currently
serving as an elected, appointed, or employed peace officer under
Article 2A.001 [2.12], Code of Criminal Procedure, or other law;
(B) did not retire in lieu of any disciplinary
action;
(C) was eligible to retire from a law enforcement
agency in this state or was ineligible to retire only as a result of
an injury received in the course of the officer's employment with
the agency; and
(D) is eligible to receive a pension or annuity
for service as a law enforcement officer in this state or is
ineligible to receive a pension or annuity only because the law
enforcement agency that employed the officer does not offer a
pension or annuity to its employees.
(3) "Part-time peace officer" means a person elected,
employed, or appointed as a peace officer under Article 2A.001
[2.12], Code of Criminal Procedure, or other law, who:
(A) works as a peace officer on average less than
32 hours per week, exclusive of paid vacation; and
(B) is compensated by this state or a political
subdivision of this state at least at the federal minimum wage and
is entitled to all employee benefits offered to a peace officer by
the state or political subdivision.
SECTION 2.109. Section 615.003, Government Code, is amended
to read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual:
(A) elected, appointed, or employed as a peace
officer by the state or a political subdivision of the state under
Article 2A.001 [2.12], Code of Criminal Procedure, or other law; or
(B) employed as a peace officer by a private
institution of higher education, including a private junior
college, that is located in this state under Section 51.212,
Education Code;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the Texas Department
of Criminal Justice who has the duties set out in Section 508.001
and the qualifications set out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions division formally designated as
custodial personnel under Section 615.006 by the Texas Board of
Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Texas Commission on Law
Enforcement;
(8) a juvenile correctional employee of the Texas
Juvenile Justice Department;
(9) an employee of the Department of Aging and
Disability Services or Department of State Health Services who:
(A) works at the department's maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code;
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice;
(15) an individual who is employed by the state or a
political subdivision of the state and who is considered by the
governmental employer to be a trainee for a position otherwise
described by this section;
(16) an individual who is employed by the Department
of Public Safety and, as certified by the director, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations; or
(17) an individual who is employed by the Parks and
Wildlife Department and, as certified by the executive director of
the Parks and Wildlife Department, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations.
SECTION 2.110. Section 615.102(a), Government Code, is
amended to read as follows:
(a) This section applies only to:
(1) an individual listed in Section 615.003(1) who is
employed by a political subdivision of the state;
(2) a peace officer under Article 2A.001 [2.12], Code
of Criminal Procedure, or other law who is employed by the state,
including any state agency or any institution of higher education
under Section 61.003, Education Code; or
(3) an individual listed in Section 615.003(7).
SECTION 2.111. Section 615.103(a), Government Code, is
amended to read as follows:
(a) This section applies only to:
(1) an individual listed in Section 615.003(1) who is
employed by a political subdivision of the state;
(2) a peace officer under Article 2A.001 [2.12], Code
of Criminal Procedure, or other law who is employed by the state,
including any state agency or any institution of higher education
under Section 61.003, Education Code;
(3) an individual listed in Section 615.003(7); or
(4) an individual listed in Section 615.003(10) or
(11) who is employed by a political subdivision of the state.
SECTION 2.112. Section 615.105(a), Government Code, is
amended to read as follows:
(a) This section applies only to:
(1) an individual elected, appointed, or employed as a
peace officer by the state or a political subdivision of the state
under Article 2A.001 [2.12], Code of Criminal Procedure, or other
law; or
(2) an honorably retired peace officer who formerly
held a position described by Subdivision (1) and voluntarily
terminated employment with a law enforcement agency of this state
or a political subdivision of this state.
SECTION 2.113. Section 661.918(a), Government Code, is
amended to read as follows:
(a) This section applies to a peace officer under Article
2A.001 [2.12], Code of Criminal Procedure, who is commissioned as a
law enforcement officer or agent, including a ranger, by:
(1) the Public Safety Commission and the director of
the Department of Public Safety;
(2) the Parks and Wildlife Commission;
(3) the Texas Alcoholic Beverage Commission;
(4) the attorney general; or
(5) the insurance fraud unit of the Texas Department
of Insurance.
SECTION 2.114. Section 662.005(b), Government Code, is
amended to read as follows:
(b) Except as provided by Section 662.010, and
notwithstanding Section 659.015 or another law, a state employee
who is a peace officer commissioned by a state officer or state
agency listed under Article 2A.001 [2.12], Code of Criminal
Procedure, or who is employed by the Department of Public Safety
either to perform communications or dispatch services related to
traffic law enforcement or as a public security officer, as that
term is defined by Section 1701.001, Occupations Code, or who is
employed by the Parks and Wildlife Department to perform
communications and dispatch services to assist law enforcement
officers commissioned by the Parks and Wildlife Commission in
performing law enforcement duties, and who is required to work on a
national or state holiday that falls on a Saturday or Sunday is
entitled to compensatory time off at the rate of one hour for each
hour worked on the holiday.
SECTION 2.115. Sections 752.053(a) and (b), Government
Code, are amended to read as follows:
(a) A local entity or campus police department may not:
(1) adopt, enforce, or endorse a policy under which
the entity or department prohibits or materially limits the
enforcement of immigration laws;
(2) as demonstrated by pattern or practice, prohibit
or materially limit the enforcement of immigration laws; or
(3) for an entity that is a law enforcement agency or
for a department, as demonstrated by pattern or practice,
intentionally violate Article 2A.060 [2.251], Code of Criminal
Procedure.
(b) In compliance with Subsection (a), a local entity or
campus police department may not prohibit or materially limit a
person who is a commissioned peace officer described by Article
2A.001 [2.12], Code of Criminal Procedure, a corrections officer, a
booking clerk, a magistrate, or a district attorney, criminal
district attorney, or other prosecuting attorney and who is
employed by or otherwise under the direction or control of the
entity or department from doing any of the following:
(1) inquiring into the immigration status of a person
under a lawful detention or under arrest;
(2) with respect to information relating to the
immigration status, lawful or unlawful, of any person under a
lawful detention or under arrest, including information regarding
the person's place of birth:
(A) sending the information to or requesting or
receiving the information from United States Citizenship and
Immigration Services, United States Immigration and Customs
Enforcement, or another relevant federal agency;
(B) maintaining the information; or
(C) exchanging the information with another
local entity or campus police department or a federal or state
governmental entity;
(3) assisting or cooperating with a federal
immigration officer as reasonable or necessary, including
providing enforcement assistance; or
(4) permitting a federal immigration officer to enter
and conduct enforcement activities at a jail to enforce federal
immigration laws.
SECTION 2.116. Section 752.057(a), Government Code, is
amended to read as follows:
(a) Each law enforcement agency that is subject to the
requirements of this subchapter may adopt a written policy
requiring the agency to perform community outreach activities to
educate the public that a peace officer may not inquire into the
immigration status of a victim of or witness to an alleged criminal
offense unless, as provided by Article 2A.059 [2.13], Code of
Criminal Procedure, the officer determines that the inquiry is
necessary to:
(1) investigate the offense; or
(2) provide the victim or witness with information
about federal visas designed to protect individuals providing
assistance to law enforcement.
SECTION 2.117. Section 772.0074(a)(4), Government Code, is
amended to read as follows:
(4) "Peace officer" has the meaning assigned by
Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.118. Section 2158.009(d), Government Code, is
amended to read as follows:
(d) Subsection (b) does not apply to a state agency's
purchase of a vehicle to be used by a peace officer, as defined by
Article 2A.001 [2.12], Code of Criminal Procedure, whose duties
include the apprehension of persons for violation of a criminal law
of this state.
SECTION 2.119. Section 3105.003(a), Government Code, is
amended to read as follows:
(a) A person is eligible to have the person's name on the
monument if the person was killed in the line of duty and was:
(1) a law enforcement officer or peace officer for
this state or a political subdivision of this state under Article
2A.001 [2.12], Code of Criminal Procedure, or other law;
(2) a federal law enforcement officer or special agent
performing duties in this state, including those officers under
Article 2A.002 [2.122], Code of Criminal Procedure;
(3) a corrections or detention officer or county or
municipal jailer employed or appointed by a municipal, county, or
state penal institution in this state; or
(4) employed by this state or a political subdivision
of this state and considered by the person's employer to be a
trainee for a position described by Subdivision (1), (2), or (3).
SECTION 2.120. Section 3106.001(3), Government Code, is
amended to read as follows:
(3) "Peace officer" means a peace officer commissioned
by the state or a political subdivision of the state under Article
2A.001 [2.12], Code of Criminal Procedure, or other law.
SECTION 2.121. Section 81.003(4-b), Health and Safety Code,
is amended to read as follows:
(4-b) "Peace officer" has the meaning assigned by
Article 2A.001 [2.12], Code of Criminal Procedure. The term
includes a sheriff or constable.
SECTION 2.122. Section 382.018(g), Health and Safety Code,
is amended to read as follows:
(g) Notwithstanding Section 7.002, Water Code, the
provisions of this section and rules adopted under this section may
be enforced by a peace officer as described by Article 2A.001
[2.12], Code of Criminal Procedure.
SECTION 2.123. Section 436.102(b), Health and Safety Code,
is amended to read as follows:
(b) A molluscan shellfish plant operator may employ an
off-duty peace officer to monitor the gathering of shellfish for
depuration from a restricted or conditionally restricted area as
provided by the rules adopted under Subsection (a). In this
subsection, "peace officer" includes those persons listed in
Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.124. Section 552.101, Health and Safety Code, is
amended to read as follows:
Sec. 552.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH
CERTAIN INVESTIGATIONS. The inspector general shall employ and
commission peace officers for the purpose of assisting a state or
local law enforcement agency in the investigation of an alleged
criminal offense involving a patient of a state hospital. A peace
officer employed and commissioned by the inspector general is a
peace officer for purposes of Article 2A.001 [2.12], Code of
Criminal Procedure.
SECTION 2.125. Section 555.101, Health and Safety Code, is
amended to read as follows:
Sec. 555.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH
CERTAIN INVESTIGATIONS. The inspector general shall employ and
commission peace officers for the purpose of assisting a state or
local law enforcement agency in the investigation of an alleged
criminal offense involving a resident or client of a center. A
peace officer employed and commissioned by the inspector general is
a peace officer for purposes of Article 2A.001 [2.12], Code of
Criminal Procedure.
SECTION 2.126. Section 821.0211, Health and Safety Code, is
amended to read as follows:
Sec. 821.0211. ADDITIONAL DEFINITION. In this subchapter,
"magistrate" means any officer as defined in Article 2A.151 [2.09],
Code of Criminal Procedure, except that the term does not include
justices of the supreme court, judges of the court of criminal
appeals, or courts of appeals, judges or associate judges of
statutory probate courts, or judges or associate judges of district
courts that give preference to family law matters or family
district courts under Subchapter D, Chapter 24, Government Code.
SECTION 2.127. Section 31.045, Human Resources Code, is
amended to read as follows:
Sec. 31.045. PEACE OFFICERS. The commission's office of
inspector general may employ and commission peace officers for the
purpose of assisting the office in the investigation of fraud,
waste, or abuse in the financial assistance program. A peace
officer employed and commissioned by the office is a peace officer
for purposes of Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.128. Section 33.032, Human Resources Code, is
amended to read as follows:
Sec. 33.032. PEACE OFFICERS. The commission's office of
inspector general may employ and commission peace officers for the
purpose of assisting the office in the investigation of fraud,
waste, or abuse in the supplemental nutrition assistance program.
A peace officer employed and commissioned by the office is a peace
officer for purposes of Article 2A.001 [2.12], Code of Criminal
Procedure.
SECTION 2.129. Section 242.102(d), Human Resources Code, is
amended to read as follows:
(d) The office of inspector general may employ and
commission inspectors general as peace officers for the purpose of
carrying out the duties described by this section. An inspector
general shall have all of the powers and duties given to peace
officers under Articles 2A.051 and 2A.059 [Article 2.13], Code of
Criminal Procedure.
SECTION 2.130. Section 501.001(5), Labor Code, is amended
to read as follows:
(5) "Employee" means a person who is:
(A) in the service of the state pursuant to an
election, appointment, or express oral or written contract of hire;
(B) paid from state funds but whose duties
require that the person work and frequently receive supervision in
a political subdivision of the state;
(C) a peace officer employed by a political
subdivision, while the peace officer is exercising authority
granted under:
(i) Article 2A.001 [2.12], Code of Criminal
Procedure; or
(ii) Articles 14.03(d) and (g), Code of
Criminal Procedure;
(D) a member of the state military forces, as
defined by Section 437.001, Government Code, who is engaged in
authorized training or duty;
(E) a Texas Task Force 1 member, as defined by
Section 88.301, Education Code, who is activated by the Texas
Division of Emergency Management or is injured during training
sponsored or sanctioned by Texas Task Force 1; or
(F) an intrastate fire mutual aid system team
member or a regional incident management team member, as defined by
Section 88.126, Education Code, who is activated by the Texas
Division of Emergency Management or is injured during training
sponsored or sanctioned by the Texas Division of Emergency
Management on behalf of an intrastate fire mutual aid system team or
a regional incident management team, as applicable.
SECTION 2.131. Section 504.019(a)(1), Labor Code, is
amended to read as follows:
(1) "First responder" means an individual employed by
a political subdivision of this state who is:
(A) a peace officer under Article 2A.001 [2.12],
Code of Criminal Procedure;
(B) a person licensed under Chapter 773, Health
and Safety Code, as an emergency care attendant, emergency medical
technician, emergency medical technician-intermediate, emergency
medical technician-paramedic, or licensed paramedic; or
(C) a firefighter subject to certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, whose principal duties are firefighting and aircraft crash
and rescue.
SECTION 2.132. Section 504.055(a), Labor Code, is amended
to read as follows:
(a) In this section, "first responder" means:
(1) an individual employed by a political subdivision
of this state who is:
(A) a peace officer under Article 2A.001 [2.12],
Code of Criminal Procedure;
(B) a person licensed under Chapter 773, Health
and Safety Code, as an emergency care attendant, emergency medical
technician, emergency medical technician-intermediate, emergency
medical technician-paramedic, or licensed paramedic; or
(C) a firefighter subject to certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, whose principal duties are firefighting and aircraft crash
and rescue; or
(2) an individual covered under Section 504.012(a) who
is providing volunteer services to a political subdivision of this
state as:
(A) a volunteer firefighter, without regard to
whether the volunteer firefighter is certified under Subchapter D,
Chapter 419, Government Code; or
(B) an emergency medical services volunteer, as
defined by Section 773.003, Health and Safety Code.
SECTION 2.133. Section 85.004(b), Local Government Code, is
amended to read as follows:
(b) A reserve deputy serves at the discretion of the sheriff
and may be called into service if the sheriff considers it necessary
to have additional officers to preserve the peace and enforce the
law. The sheriff may authorize a reserve deputy who is a peace
officer as described by Article 2A.001 [2.12], Code of Criminal
Procedure, to carry a weapon or act as a peace officer at all times,
regardless of whether the reserve deputy is engaged in the actual
discharge of official duties, or may limit the authority of the
reserve deputy to carry a weapon or act as a peace officer to only
those times during which the reserve deputy is engaged in the actual
discharge of official duties. A reserve deputy who is not a peace
officer as described by Article 2A.001 [2.12], Code of Criminal
Procedure, may act as a peace officer only during the actual
discharge of official duties. A reserve deputy, regardless of
whether the reserve deputy is a peace officer as described by
Article 2A.001 [2.12], Code of Criminal Procedure, is not:
(1) eligible for participation in any program provided
by the county that is normally considered a financial benefit of
full-time employment or for any pension fund created by statute for
the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
SECTION 2.134. Section 86.0021(a), Local Government Code,
is amended to read as follows:
(a) A person is not eligible to serve as constable unless:
(1) the person is eligible to be licensed under
Sections 1701.309 and 1701.312, Occupations Code, and:
(A) has at least an associate's degree conferred
by an institution of higher education accredited by an accrediting
organization recognized by the Texas Higher Education Coordinating
Board;
(B) is a special investigator under Article
2A.002(a) [2.122(a)], Code of Criminal Procedure; or
(C) is an honorably retired peace officer or
honorably retired federal criminal investigator who holds a
certificate of proficiency issued under Section 1701.357,
Occupations Code; or
(2) the person is an active or inactive licensed peace
officer under Chapter 1701, Occupations Code.
SECTION 2.135. Section 86.012(b), Local Government Code, is
amended to read as follows:
(b) A reserve deputy constable serves at the discretion of
the constable and may be called into service at any time that the
constable considers it necessary to have additional officers to
preserve the peace and enforce the law. The constable may authorize
a reserve deputy constable who is a peace officer as described by
Article 2A.001 [2.12], Code of Criminal Procedure, to carry a
weapon or act as a peace officer at all times, regardless of whether
the reserve deputy constable is engaged in the actual discharge of
official duties, or may limit the authority of the reserve deputy
constable to carry a weapon or act as a peace officer to only those
times during which the reserve deputy constable is engaged in the
actual discharge of official duties. A reserve deputy constable
who is not a peace officer as described by Article 2A.001 [2.12],
Code of Criminal Procedure, may act as a peace officer only during
the actual discharge of official duties. A reserve deputy
constable, regardless of whether the reserve deputy constable is a
peace officer as described by Article 2A.001 [2.12], Code of
Criminal Procedure, is not:
(1) eligible for participation in any program provided
by the county that is normally considered a financial benefit of
full-time employment or for any pension fund created by statute for
the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
SECTION 2.136. Section 134.156(a), Local Government Code,
is amended to read as follows:
(a) Money allocated under Section 134.103 to the local
truancy prevention and diversion fund maintained in the county or
municipal treasury as required by Section 134.151 may be used by a
county or municipality to finance the salary, benefits, training,
travel expenses, office supplies, and other necessary expenses
relating to the position of a juvenile case manager employed under
Article 45A.451 [45.056], Code of Criminal Procedure. If there is
money in the fund after those costs are paid, subject to the
direction of the governing body of the county or municipality and on
approval by the employing court, a juvenile case manager may direct
the remaining money to be used to implement programs directly
related to the duties of the juvenile case manager, including
juvenile alcohol and substance abuse programs, educational and
leadership programs, and any other projects designed to prevent or
reduce the number of juvenile referrals to the court.
SECTION 2.137. Section 141.008(a-2), Local Government
Code, is amended to read as follows:
(a-2) The governing body shall make the payroll deduction
described by Subsection (a) if:
(1) requested in writing by employees who:
(A) are peace officers as defined by Article
2A.001 [2.12], Code of Criminal Procedure; and
(B) are not members of a police department
covered by a collective bargaining agreement or meet-and-confer
agreement entered into under this code; and
(2) the municipality permits deductions for purposes
other than charity, health insurance, taxes, or other purposes for
which the municipality is required by law to permit a deduction.
SECTION 2.138. Section 142.004(a), Local Government Code,
is amended to read as follows:
(a) In this section, "peace officer" means a peace officer
as defined by Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.139. Section 142.052(1), Local Government Code,
is amended to read as follows:
(1) "Police officer" means a person who is a peace
officer under Article 2A.001 [2.12], Code of Criminal Procedure, or
other law, and who is employed by a municipality.
SECTION 2.140. Section 180.002(a), Local Government Code,
is amended to read as follows:
(a) In this section, "peace officer" has the meaning
assigned by Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.141. Section 180.008(a)(5), Local Government
Code, as added by Chapter 685 (H.B. 2073), Acts of the 87th
Legislature, Regular Session, 2021, is amended to read as follows:
(5) "Peace officer" means an individual described by
Article 2A.001 [2.12], Code of Criminal Procedure, who is elected
for, employed by, or appointed by a political subdivision.
SECTION 2.142. Sections 341.012(f), (g), and (h), Local
Government Code, are amended to read as follows:
(f) A member of a reserve force who is not a peace officer as
described by Article 2A.001 [2.12], Code of Criminal Procedure, may
act as a peace officer only during the actual discharge of official
duties.
(g) An appointment to the reserve force must be approved by
the governing body before the person appointed may carry a weapon or
otherwise act as a peace officer. On approval of the appointment of
a member who is not a peace officer as described by Article 2A.001
[2.12], Code of Criminal Procedure, the person appointed may carry
a weapon only when authorized to do so by the chief of police and
only when discharging official duties as a peace officer.
(h) Reserve police officers may act only in a supplementary
capacity to the regular police force and may not assume the
full-time duties of regular police officers without complying with
the requirements for regular police officers. On approval of the
appointment of a member who is a peace officer as described by
Article 2A.001 [2.12], Code of Criminal Procedure, the chief of
police may authorize the person appointed to carry a weapon or act
as a peace officer at all times, regardless of whether the person is
engaged in the actual discharge of official duties, or may limit the
authority of the person to carry a weapon or act as a peace officer
to only those times during which the person is engaged in the actual
discharge of official duties. A reserve police officer, regardless
of whether the reserve police officer is a peace officer as
described by Article 2A.001 [2.12], Code of Criminal Procedure, is
not:
(1) eligible for participation in any program provided
by the governing body that is normally considered a financial
benefit of full-time employment or for any pension fund created by
statute for the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
SECTION 2.143. Section 341.904(e), Local Government Code,
is amended to read as follows:
(e) It is an affirmative defense to prosecution under this
section that:
(1) the object was used or intended to be used
exclusively for decorative purposes and:
(A) the actor was not engaged in an activity
involving police work or security work; or
(B) the object was used only in an artistic or
dramatic presentation;
(2) the actor was engaged in the commercial
manufacturing or commercial sales of the items described by
Subsection (b);
(3) the actor was a licensed peace officer who:
(A) was on active duty discharging an official
duty for an agency listed under Article 2A.001 [2.12], Code of
Criminal Procedure, and acting under the agency's direct
supervision; and
(B) was not privately employed as or hired on an
individual or independent contractor basis as a patrolman, guard,
watchman, flagman, or traffic conductor;
(4) the police chief consented, after determining that
consent would serve law enforcement interests in the municipality,
to the actor's:
(A) using or possessing a police identification
item or other insignia of the municipal police department;
(B) using, possessing, or wearing an item or
insignia similar to a police identification item or insignia of the
municipal police department; or
(C) operating a vehicle similar to a patrol
vehicle of the municipal police department; or
(5) the actor prosecuted under this section for
wearing a uniform wore a light blue uniform shirt in a municipality
that uses a light blue uniform shirt with navy blue pocket flaps and
epaulets for its police officers, if the actor's shirt did not have:
(A) the contrasting navy blue pocket flaps or
epaulets found on the municipal police officers' uniform shirts;
and
(B) a shoulder emblem similar in shape, color, or
design to an emblem found on the municipal police officers' uniform
shirts.
SECTION 2.144. Section 351.903(b), Local Government Code,
is amended to read as follows:
(b) This authority includes the authority to:
(1) establish the hours of the curfew, including
different hours for different days of the week;
(2) apply different curfew hours to different age
groups of juveniles;
(3) describe the kinds of conduct subject to the
curfew;
(4) determine the locations to which the curfew
applies;
(5) determine which persons incur liability if a
violation of the curfew occurs;
(6) prescribe procedures, in compliance with Article
45A.455 [45.059], Code of Criminal Procedure, a police officer must
follow in enforcing the curfew; and
(7) establish exemptions to the curfew, including but
not limited to exemptions for times when there are no classes being
conducted, for holidays, and for persons going to or from work.
SECTION 2.145. Section 455.001(13), Occupations Code, is
amended to read as follows:
(13) "Peace officer" means a person who is a peace
officer under Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.146. Sections 1701.001(4) and (8), Occupations
Code, are amended to read as follows:
(4) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2A.001 [2.12], Code of
Criminal Procedure, or other law.
(8) "School marshal" means a person who:
(A) is appointed to serve as a school marshal by:
(i) the board of trustees of a school
district or the governing body of an open-enrollment charter school
under Section 37.0811, Education Code;
(ii) the governing body of a private school
under Section 37.0813, Education Code; or
(iii) the governing board of a public
junior college under Section 51.220, Education Code;
(B) is licensed under Section 1701.260; and
(C) has powers and duties described by Article
2A.008 [2.127], Code of Criminal Procedure.
SECTION 2.147. Section 1701.164, Occupations Code, is
amended to read as follows:
Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
collect and maintain incident-based data submitted to the
commission under Article 2B.0055 [2.134], Code of Criminal
Procedure, including incident-based data compiled by a law
enforcement agency from reports received by the law enforcement
agency under Article 2B.0054 [2.133] of that code. The commission
in consultation with the Department of Public Safety, the Bill
Blackwood Law Enforcement Management Institute of Texas, the W. W.
Caruth, Jr., Police Institute at Dallas, and the Texas Police
Chiefs Association shall develop guidelines for submitting in a
standard format the report containing incident-based data as
required by Article 2B.0055 [2.134], Code of Criminal Procedure.
SECTION 2.148. Section 1701.260(a-1), Occupations Code, is
amended to read as follows:
(a-1) In this section, "private school" has the meaning
assigned by Article 2A.008 [2.127], Code of Criminal Procedure.
SECTION 2.149. Section 1701.3161(a), Occupations Code, is
amended to read as follows:
(a) In this section, "retired peace officer" means a person
who served as a peace officer in this state who:
(1) is not currently serving as an elected, appointed,
or employed peace officer under Article 2A.001 [2.12], Code of
Criminal Procedure, or other law;
(2) was eligible to retire from a law enforcement
agency in this state or was ineligible to retire only as a result of
an injury received in the course of the officer's employment with
the law enforcement agency; and
(3) is eligible to receive a pension or annuity for
service as a law enforcement officer in this state or is ineligible
to receive a pension or annuity only because the law enforcement
agency that employed the officer does not offer a pension or annuity
to its employees.
SECTION 2.150. Section 1701.501(a), Occupations Code, is
amended to read as follows:
(a) Except as provided by Subsection (d), the commission
shall revoke or suspend a license, place on probation a person whose
license has been suspended, or reprimand a license holder for a
violation of:
(1) this chapter;
(2) the reporting requirements provided by Articles
2B.0053 and 2B.0055 [2.132 and 2.134], Code of Criminal Procedure;
or
(3) a commission rule.
SECTION 2.151. Section 1702.002(15), Occupations Code, is
amended to read as follows:
(15) "Peace officer" means a person who is a peace
officer under Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.152. Section 2308.002(8-a), Occupations Code, is
amended to read as follows:
(8-a) "Peace officer" means a person who is a peace
officer under Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.153. Sections 1.07(a)(36) and (46-b), Penal Code,
are amended to read as follows:
(36) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2A.001 [2.12], Code of
Criminal Procedure, Section 51.212 or 51.214, Education Code, or
other law.
(46-b) "Federal special investigator" means a person
described by Article 2A.002 [2.122], Code of Criminal Procedure.
SECTION 2.154. Section 8.08(d), Penal Code, is amended to
read as follows:
(d) In this section, "child" has the meaning assigned by
Article 45A.453(a) [45.058(h)], Code of Criminal Procedure.
SECTION 2.155. Section 9.54, Penal Code, is amended to read
as follows:
Sec. 9.54. LIMITATION ON USE OF FORCE BY DRONE. (a) In
this section:
(1) "Autonomous drone" means a drone that operates
autonomously through computer software or other programming.
(2) "Drone" and "law enforcement agency" have the
meanings assigned by Article 2B.0253 [2.33], Code of Criminal
Procedure.
(b) Notwithstanding any other law, the use of force,
including deadly force, involving a drone is justified under this
subchapter only if:
(1) at the time the use of force occurred, the actor
was employed by a law enforcement agency;
(2) the use of force:
(A) would have been justified under another
provision of this subchapter; and
(B) did not involve the use of deadly force by
means of an autonomous drone; and
(3) before the use of force occurred, the law
enforcement agency employing the actor adopted and submitted to the
Texas Commission on Law Enforcement a policy on the agency's use of
force by means of a drone, as required by Article 2B.0253 [2.33],
Code of Criminal Procedure, and the use of force conformed to the
requirements of that policy.
SECTION 2.156. Section 30.05(i), Penal Code, is amended to
read as follows:
(i) This section does not apply if:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun or other
weapon was forbidden; and
(2) the actor at the time of the offense was a peace
officer, including a commissioned peace officer of a recognized
state, or a special investigator under Article 2A.002 [2.122], Code
of Criminal Procedure, regardless of whether the peace officer or
special investigator was engaged in the actual discharge of an
official duty while carrying the weapon.
SECTION 2.157. Section 46.15(a), Penal Code, is amended to
read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2A.002 [2.122], Code of Criminal Procedure, and neither
section prohibits a peace officer or special investigator from
carrying a weapon in this state, including in an establishment in
this state serving the public, regardless of whether the peace
officer or special investigator is engaged in the actual discharge
of the officer's or investigator's duties while carrying the
weapon;
(2) parole officers, and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer;
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; or
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
SECTION 2.158. Section 50.01(2), Penal Code, is amended to
read as follows:
(2) "Law enforcement officer" means a person who is a
peace officer under Article 2A.001 [2.12], Code of Criminal
Procedure, or a person who is a federal law enforcement officer, as
defined by 5 U.S.C. Section 8331(20).
SECTION 2.159. Section 31.0391(b), Parks and Wildlife Code,
is amended to read as follows:
(b) This section does not apply to the release of
information to:
(1) a peace officer as defined by Article 2A.001
[2.12], Code of Criminal Procedure, who is acting in an official
capacity; or
(2) a state official or an official of a political
subdivision of this state who requests the information for tax
purposes.
SECTION 2.160. Section 61.201(e), Parks and Wildlife Code,
is amended to read as follows:
(e) This section may be enforced by any peace officer listed
in Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.161. Section 62.014(n), Parks and Wildlife Code,
is amended to read as follows:
(n) The following persons are exempt from any requirement to
complete a hunter education course under this section:
(1) an honorably discharged veteran of the United
States armed forces or a person who is on active duty as a member of
the United States armed forces;
(2) a person who is on active duty or has previously
served as a member of the Texas Army National Guard, the Texas Air
National Guard, or the Texas State Guard; or
(3) a person who is serving or has previously served as
a peace officer described by [Subdivision (1), (2), (3), or (4),]
Article 2A.001(1), (2), (3), or (4) [2.12], Code of Criminal
Procedure.
SECTION 2.162. Section 62.082(d), Parks and Wildlife Code,
is amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2A.001
[2.12], Code of Criminal Procedure; or
(4) a person who:
(A) possesses a handgun and a license issued
under Subchapter H, Chapter 411, Government Code, to carry a
handgun; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 2.163. Section 201.910(b), Transportation Code, is
amended to read as follows:
(b) As used in this section, "peace officer" means a person
who was:
(1) a law enforcement officer or peace officer for
this state or a political subdivision of this state under Article
2A.001 [2.12], Code of Criminal Procedure, or other law; or
(2) a federal law enforcement officer or special agent
performing duties in this state, including those officers under
Article 2A.002 [2.122], Code of Criminal Procedure.
SECTION 2.164. Section 451.113(c), Transportation Code, is
amended to read as follows:
(c) Subsection (a) may be enforced by any peace officer
listed in Article 2A.001 [2.12], Code of Criminal Procedure, in
whose jurisdiction the offense is committed.
SECTION 2.165. Section 472.022(f), Transportation Code, is
amended to read as follows:
(f) Subchapters G and H, Chapter 45A [Articles 45.051 and
45.0511], Code of Criminal Procedure, do not apply to an offense
under this section committed in a construction or maintenance work
zone when workers are present.
SECTION 2.166. Section 502.452(c), Transportation Code, is
amended to read as follows:
(c) A peace officer listed in Article 2A.001 [2.12], Code of
Criminal Procedure, may seize a motor vehicle displaying exempt
license plates if the vehicle is:
(1) operated on a public highway; and
(2) not identified in the manner prescribed by
Subsection (a) or (b), unless the vehicle is covered by Subsection
(f).
SECTION 2.167. Section 521.1211(a)(1), Transportation
Code, is amended to read as follows:
(1) "Peace officer" has the meaning assigned by
Article 2A.001 [2.12], Code of Criminal Procedure, except that the
term includes a special investigator as defined by Article 2A.002
[2.122], Code of Criminal Procedure.
SECTION 2.168. Section 521.126(d), Transportation Code, is
amended to read as follows:
(d) The prohibition provided by Subsection (b) does not
apply to a person who accesses, uses, compiles, or maintains a
database of the information for a law enforcement or governmental
purpose, including:
(1) an officer or employee of the department carrying
out law enforcement or government purposes;
(2) a peace officer, as defined by Article 2A.001
[2.12], Code of Criminal Procedure, acting in the officer's
official capacity;
(3) a license deputy, as defined by Section 12.702,
Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
other similar item through use of a point-of-sale system under
Section 12.703, Parks and Wildlife Code;
(4) a person acting as authorized by Section 109.61,
Alcoholic Beverage Code;
(5) a person establishing the identity of a voter
under Chapter 63, Election Code;
(6) a person acting as authorized by Section 161.0825,
Health and Safety Code; or
(7) a person screening an individual who will work
with or have access to children if the person is an employee or an
agent of an employee of a public school district or an organization
exempt from federal income tax under Section 501(c)(3), Internal
Revenue Code of 1986, as amended, that sponsors a program for youth.
SECTION 2.169. Section 521.3451(a), Transportation Code,
is amended to read as follows:
(a) The department shall suspend or deny the issuance of a
driver's license or learner license on receipt of an order to
suspend or deny the issuance of either license from a justice or
municipal court under Article 45A.461 [45.050], Code of Criminal
Procedure.
SECTION 2.170. Section 521.453(c), Transportation Code, is
amended to read as follows:
(c) A peace officer listed in Article 2A.001 [2.12], Code of
Criminal Procedure, may confiscate a document that:
(1) is deceptively similar to a driver's license or
personal identification certificate; and
(2) does not display the statement required under
Subsection (a).
SECTION 2.171. Section 541.201(13-a), Transportation Code,
is amended to read as follows:
(13-a) "Police vehicle" means a vehicle used by a
peace officer, as defined by Article 2A.001 [2.12], Code of
Criminal Procedure, for law enforcement purposes that:
(A) is owned or leased by a governmental entity;
(B) is owned or leased by the police department
of a private institution of higher education that commissions peace
officers under Section 51.212, Education Code; or
(C) is:
(i) a private vehicle owned or leased by the
peace officer; and
(ii) approved for use for law enforcement
purposes by the head of the law enforcement agency that employs the
peace officer, or by that person's designee, provided that use of
the private vehicle must, if applicable, comply with any rule
adopted by the commissioners court of a county under Section
170.001, Local Government Code, and that the private vehicle may
not be considered an authorized emergency vehicle for exemption
purposes under Section 228.054, 284.070, 366.178, or 370.177 of
this code [, Transportation Code,] unless the vehicle is marked.
SECTION 2.172. Section 542.304(b), Transportation Code, is
amended to read as follows:
(b) The rules must provide that for the purposes of the
provisions described in Subsection (a), moving violations:
(1) include:
(A) a violation of the traffic law of this state,
another state, or a political subdivision of this or another state;
and
(B) an offense under Section 545.412; and
(2) do not include:
(A) an offense committed before September 1,
2003;
(B) the offense of speeding when the person
convicted was at the time of the offense driving less than 10
percent faster than the posted speed limit, unless the person
committed the offense in a school crossing zone;
(C) an offense adjudicated under Subchapter G or
H, Chapter 45A [Article 45.051 or 45.0511], Code of Criminal
Procedure; or
(D) an offense under Section 545.4251.
SECTION 2.173. Sections 542.402(b) and (b-2),
Transportation Code, are amended to read as follows:
(b) In each fiscal year, a municipality having a population
of less than 5,000 may retain, from fines collected for violations
of this title and fines collected under Article 45A.302
[45.051(a)], Code of Criminal Procedure, in cases in which a
violation of this title is alleged, an amount equal to 30 percent of
the municipality's revenue for the preceding fiscal year from all
sources, other than federal funds and bond proceeds, as shown by the
audit performed under Section 103.001, Local Government Code.
After a municipality has retained that amount, the municipality
shall send to the comptroller any portion of a fine collected that
exceeds $1.
(b-2) In each fiscal year, a county described by Subsection
(b-1) may retain, from fines collected for violations of this title
and from fines collected under Article 45A.302 [45.051(a)], Code of
Criminal Procedure, in cases in which a violation of this title is
alleged, an amount equal to 30 percent of the county's revenue for
the preceding fiscal year from all sources, other than federal
funds and bond proceeds, as shown by an audit performed under
Chapter 115, Local Government Code. After a county has retained
that amount, the county shall send to the comptroller any portion of
a fine collected that exceeds $1.
SECTION 2.174. Section 543.202(b), Transportation Code, is
amended to read as follows:
(b) The record must be made on a form or by a data processing
method acceptable to the department and must include:
(1) the name, address, physical description,
including race or ethnicity, date of birth, and driver's license
number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle
as defined by Chapter 522 or was involved in transporting hazardous
materials;
(4) the person's social security number, if the person
was operating a commercial motor vehicle or was the holder of a
commercial driver's license or commercial learner's permit;
(5) the date and nature of the offense, including
whether the offense was a serious traffic violation as defined by
Chapter 522;
(6) whether a search of the vehicle was conducted and
whether consent for the search was obtained;
(7) the plea, the judgment, whether the individual was
adjudicated under Subchapter H, Chapter 45A [Article 45.0511], Code
of Criminal Procedure, and whether bail was forfeited;
(8) the date of conviction; and
(9) the amount of the fine or forfeiture.
SECTION 2.175. Section 543.204(a), Transportation Code, is
amended to read as follows:
(a) A justice of the peace or municipal judge who defers
further proceedings and [,] suspends all or part of the imposition
of the fine[, and places a defendant on probation] under Subchapter
G, Chapter 45A [Article 45.051], Code of Criminal Procedure, or a
county court judge who follows that procedure under Article 42.111,
Code of Criminal Procedure, may not submit a written record to the
department, except that if the justice or judge subsequently
adjudicates the defendant's guilt, the justice or judge shall
submit the record not later than the seventh day after the date on
which the justice or judge adjudicates guilt.
SECTION 2.176. Section 545.305(a), Transportation Code, is
amended to read as follows:
(a) A peace officer listed under Article 2A.001 [2.12], Code
of Criminal Procedure, or a license and weight inspector of the
department may remove or require the operator or a person in charge
of a vehicle to move a vehicle from a highway if the vehicle:
(1) is unattended on a bridge, viaduct, or causeway or
in a tube or tunnel and the vehicle is obstructing traffic;
(2) is unlawfully parked and blocking the entrance to
a private driveway;
(3) has been reported as stolen;
(4) is identified as having been stolen in a warrant
issued on the filing of a complaint;
(5) is unattended and the officer has reasonable
grounds to believe that the vehicle has been abandoned for longer
than 48 hours;
(6) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle is:
(A) incapacitated and unable to provide for the
vehicle's removal or custody; or
(B) not in the immediate vicinity of the vehicle;
(7) is disabled so that normal operation is impossible
or impractical and the owner or person in charge of the vehicle does
not designate a particular towing or storage company;
(8) is operated by a person an officer arrests for an
alleged offense and the officer is required by law to take the
person into custody; or
(9) is, in the opinion of the officer, a hazard,
interferes with a normal function of a governmental agency, or
because of a catastrophe, emergency, or unusual circumstance is
imperiled.
SECTION 2.177. Section 601.053(a), Transportation Code, is
amended to read as follows:
(a) As a condition of operating in this state a motor
vehicle to which Section 601.051 applies, the operator of the
vehicle on request shall provide to a peace officer, as defined by
Article 2A.001 [2.12], Code of Criminal Procedure, or a person
involved in an accident with the operator evidence of financial
responsibility by exhibiting:
(1) a motor vehicle liability insurance policy
covering the vehicle that satisfies Subchapter D or a photocopy of
the policy;
(2) a standard proof of motor vehicle liability
insurance form prescribed by the Texas Department of Insurance
under Section 601.081 and issued by a liability insurer for the
motor vehicle;
(2-a) an image displayed on a wireless communication
device that includes the information required by Section 601.081 as
provided by a liability insurer;
(3) an insurance binder that confirms the operator is
in compliance with this chapter;
(4) a surety bond certificate issued under Section
601.121;
(5) a certificate of a deposit with the comptroller
covering the vehicle issued under Section 601.122;
(6) a copy of a certificate of a deposit with the
appropriate county judge covering the vehicle issued under Section
601.123; or
(7) a certificate of self-insurance covering the
vehicle issued under Section 601.124 or a photocopy of the
certificate.
SECTION 2.178. Section 706.001(1), Transportation Code, is
amended to read as follows:
(1) "Complaint" means a notice of an offense as
described by Article 27.14(d) or 45A.101 [45.019], Code of Criminal
Procedure.
SECTION 2.179. Sections 721.005(a) and (b), Transportation
Code, are amended to read as follows:
(a) The governing body of a municipality may exempt from the
requirements of Section 721.004:
(1) an automobile when used to perform an official
duty by a:
(A) police department;
(B) magistrate as defined by Article 2A.151
[2.09], Code of Criminal Procedure;
(C) medical examiner;
(D) municipal code enforcement officer
designated to enforce environmental criminal laws; or
(E) municipal fire marshal or arson
investigator; or
(2) an automobile used by a municipal employee only
when conducting an investigation involving suspected fraud or other
mismanagement within the municipality.
(b) The commissioners court of a county may exempt from the
requirements of Section 721.004:
(1) an automobile when used to perform an official
duty by a:
(A) police department;
(B) sheriff's office;
(C) constable's office;
(D) criminal district attorney's office;
(E) district attorney's office;
(F) county attorney's office;
(G) magistrate as defined by Article 2A.151
[2.09], Code of Criminal Procedure;
(H) county fire marshal's office; or
(I) medical examiner; or
(2) a juvenile probation department vehicle used to
transport children, when used to perform an official duty.
SECTION 2.180. Section 25.025(a), Tax Code, is amended to
read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2A.001 [2.12], Code of Criminal Procedure, and the spouse
or surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2A.001 [2.12], Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2A.002(a) [2.122(a)], Code of Criminal
Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer; and
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code.
SECTION 2.181. Section 7.193, Water Code, is amended to
read as follows:
Sec. 7.193. PEACE OFFICERS. For purposes of this
subchapter, the authorized agents and employees of the Parks and
Wildlife Department are peace officers. Those agents and employees
are empowered to enforce this subchapter the same as any other peace
officer and for that purpose have the powers and duties of peace
officers assigned by Chapter 2A [2], Code of Criminal Procedure.
SECTION 2.182. Section 7.203(b), Water Code, is amended to
read as follows:
(b) Before a peace officer, as that term is defined in
Section 7.193 of this code or Chapter 2A [2], Code of Criminal
Procedure, may refer any alleged criminal environmental violation
by a person holding a permit issued by the commission or an employee
of that person of this code, of the Health and Safety Code, or of any
other statute, rule, order, permit, or other decision of the
commission that is within the commission's jurisdiction to a
prosecuting attorney for criminal prosecution, the peace officer
shall notify the commission in writing of the alleged criminal
environmental violation and include with the notification a report
describing the facts and circumstances of the alleged criminal
environmental violation. This section does not prohibit a peace
officer from issuing a citation or making an arrest.
SECTION 2.183. Section 60.077(b), Water Code, is amended to
read as follows:
(b) A peace officer employed or appointed by the commission
has the same powers and duties as a peace officer described by
Article 2A.001 [2.12], Code of Criminal Procedure.
SECTION 2.184. Sections 60.0775(f), (g), and (i), Water
Code, are amended to read as follows:
(f) A reserve force member who is not a peace officer as
described by Article 2A.001 [2.12], Code of Criminal Procedure, may
act as a peace officer only during the discharge of official duties.
A reserve force member who is a peace officer under that article
must hold a permanent peace officer license issued under Chapter
1701, Occupations Code.
(g) The commission must approve an appointment to the
reserve force before the person appointed may carry a weapon or
otherwise act as a peace officer. On approval of the appointment of
a person who is not a peace officer as described by Article 2A.001
[2.12], Code of Criminal Procedure, the person appointed may carry
a weapon only when authorized to do so by the chief of police and
only when discharging official duties as a peace officer. On
approval of the appointment of a person who is a peace officer as
described by Article 2A.001 [2.12], Code of Criminal Procedure, the
chief of police may:
(1) authorize the person appointed to carry a weapon
or act as a peace officer at all times, regardless of whether the
person is engaged in the discharge of official duties; or
(2) limit the person's authority to carry a weapon or
act as a peace officer to only those times during which the person
is engaged in the discharge of official duties.
(i) A reserve police officer, regardless of whether the
reserve police officer is a peace officer as described by Article
2A.001 [2.12], Code of Criminal Procedure, is not:
(1) eligible for participation in:
(A) a program provided by the commission that is
normally considered a financial benefit of full-time employment; or
(B) a pension fund created by statute for the
benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
ARTICLE 3. REPEALER
SECTION 3.001. REPEALER. The following laws are repealed:
(1) Articles 2.01, 2.02, 2.021, 2.022, 2.023, 2.024,
2.04, 2.05, 2.06, 2.07, 2.08, 2.09, 2.10, 2.12, 2.121, 2.122,
2.123, 2.124, 2.125, 2.126, 2.127, 2.13, 2.1305, 2.131, 2.132,
2.133, 2.134, 2.136, 2.137, 2.138, 2.1385, 2.1386, 2.1387, 2.139,
2.1395, 2.13951, 2.1396, 2.1397, 2.14, 2.15, 2.16, 2.17, 2.18,
2.19, 2.195, 2.20, 2.21, 2.211, 2.212, 2.22, 2.23, 2.25, 2.251,
2.27, 2.271, 2.272, 2.273, 2.28, 2.29, 2.295, 2.30, 2.305, and
2.32, Code of Criminal Procedure;
(2) Article 2.03(a), Code of Criminal Procedure;
(3) Article 2.31, Code of Criminal Procedure, as added
by Chapters 176 (S.B. 604) and 1341 (S.B. 1233), Acts of the 82nd
Legislature, Regular Session, 2011;
(4) Article 2.33, Code of Criminal Procedure, as added
by Chapters 534 (S.B. 69), 979 (S.B. 2212), and 1011 (H.B. 1758),
Acts of the 87th Legislature, Regular Session, 2021;
(5) Article 3.05, Code of Criminal Procedure;
(6) Chapters 13, 31, 45, and 55, Code of Criminal
Procedure; and
(7) Subchapter N, Chapter 1701, Occupations Code.
ARTICLE 4. GENERAL MATTERS
SECTION 4.001. This Act is enacted under Section 43,
Article III, Texas Constitution. This Act is intended as a
codification only, and no substantive change in the law is intended
by this Act.
SECTION 4.002. (a) Chapter 311, Government Code (Code
Construction Act), applies to the construction of each provision in
the Code of Criminal Procedure that is enacted under Section 43,
Article III, Texas Constitution (authorizing the continuing
statutory revision program), in the same manner as to a code enacted
under the continuing statutory revision program, except as
otherwise expressly provided by the Code of Criminal Procedure.
(b) A reference in a law to a statute or a part of a statute
in the Code of Criminal Procedure enacted under Section 43, Article
III, Texas Constitution (authorizing the continuing statutory
revision program), is considered to be a reference to the part of
that code that revises that statute or part of that statute.
SECTION 4.003. This Act takes effect January 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4504 was passed by the House on May 2,
2023, by the following vote: Yeas 138, Nays 6, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4504 on May 19, 2023, by the following vote: Yeas 137, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4504 was passed by the Senate, with
amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor