CODE OF CRIMINAL PROCEDURE CHAPTER 45.

JUSTICE AND MUNICIPAL COURTS

SUBCHAPTER A. GENERAL PROVISIONS

Art. 45.001. Objectives of Chapter

The purpose of this chapter is to establish procedures for
processing cases that come within the criminal jurisdiction of the
justice courts and municipal courts. This chapter is intended and
shall be construed to achieve the following objectives:

(1) to provide fair notice to a person appearing in a criminal
proceeding before a justice or municipal court and a meaningful
opportunity for that person to be heard;

(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.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 6, eff. Sept. 1, 1999.

Art. 45.002. Application of Chapter

Criminal proceedings in the justice and municipal courts shall be
conducted in accordance with this chapter, including any other
rules of procedure specifically made applicable to those
proceedings by this chapter. If this chapter does not provide a
rule of procedure governing any 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.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 6, eff. Sept. 1, 1999.

Art. 45.003. Definition for Certain Prosecutions

For purposes of dismissing a charge under Section 502.407 or
548.605, Transportation Code, "day" does not include Saturday,
Sunday, or a legal holiday.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 6, eff. Sept. 1, 1999.

SUBCHAPTER B. PROCEDURES FOR JUSTICE AND MUNICIPAL COURTS

Art. 45.011. [905] [997] [962] Rules of Evidence

The rules of evidence that govern the trials of criminal actions in
the district court apply to a criminal proceeding in a justice or
municipal court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.38 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 8, eff. Sept. 1, 1999.

Art. 45.012. Electronically Created Records

(a) Notwithstanding any other provision of law, a document that is
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 optical imaging, optical disk, digital
imaging, or other electronic reproduction technique that does not
permit changes, additions, or deletions to the originally created
document.

(b) The 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) The court shall maintain original documents as provided by law.

(d) An electronically recorded judgment has the same force and
effect as a written signed judgment.

(e) A record created by electronic means is an original record or a
certification of the original record.

(f) 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.

(g) A justice or municipal court shall have a court seal, the
impression of which must be attached to all papers issued out of the
court except subpoenas, and which must be used to authenticate the
official acts of the clerk and of the recorder. A court seal may be
created by electronic means, including optical imaging, optical
disk, or other electronic reproduction technique that does not
permit changes, additions, or deletions to an original document
created by the same type of system.

(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.

Added by Acts 1995, 74th Leg., ch. 735, Sec. 2, eff. Sept. 1, 1995.
Subsec. (a) amended by Acts 1999, 76th Leg., ch. 701, Sec. 2, eff.
Aug. 30, 1999; Subsec. (f) added by Acts 1999, 76th Leg., ch. 701,
Sec. 2, eff. Aug. 30, 1999. Renumbered from Vernon's Ann.C.C.P.
art. 45.021 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 9,
eff. Sept. 1, 1999; Subsec. (h) relettered from subsec. (f) by Acts
2001, 77th Leg., ch. 1420, Sec. 21.001(12), eff. Sept. 1, 2001.

 

Art. 45.013. Filing With Clerk by Mail

(a) Notwithstanding any other law, for the purposes of this chapter
a document is considered timely filed with the clerk of a 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.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 10, eff. Sept. 1,
1999.

 

Art. 45.014. [884] [974] [939] Warrant of Arrest

(a) When a sworn complaint or affidavit based on probable cause has
been filed before the justice or municipal court, the justice or
judge may issue a warrant for the arrest of the accused and deliver
the same to the proper officer to be executed.

(b) The warrant is sufficient if:

(1) it is issued in the name of "The State of Texas";

(2) it is directed to the proper peace officer or some other person
specifically named in the warrant;

(3) it includes a command that the body of the accused be taken, and
brought before the authority issuing the warrant, at the time and
place stated in the warrant;

(4) it states the name of the person whose arrest is ordered, if
known, or if not known, it describes the person as in the complaint;

(5) it states that the person is accused of some offense against the
laws of this state, naming the offense; and

(6) it is signed by the justice or judge, naming the office of the
justice or judge in the body of the warrant or in connection with
the signature of the justice or judge.

(c) Chapter 15 applies to a warrant of arrest issued under this
article, except as inconsistent or in conflict with this chapter.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.18 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 11, eff. Sept. 1, 1999.

 

Art. 45.015. [910] [1003] [968] Defendant Placed in Jail

Whenever, by the provisions of this title, the peace officer is
authorized to retain a defendant in custody, the peace officer may
place the defendant in jail in accordance with this code or other
law.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.43 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 12, eff. Sept. 1, 1999.

 

Art. 45.016. [908] [1000] [965] Bail

The justice or judge may require the defendant to give bail to
secure the defendant's appearance in accordance with this code. If
the defendant fails to give bail, the defendant may be held in
custody.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.41 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 13, eff. Sept. 1, 1999.

 

Art. 45.017. [879] [969] [934] Criminal Docket

(a) The justice or judge of each 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
thereon;

(5) the date the examination or trial was held, and if a trial was
held, whether it was by a jury or by the justice or judge;

(6) the verdict of the jury, if any, and the date of the verdict;

(7) the judgment and sentence of the court, and the date each was
given;

(8) the motion for new trial, if any, and the decision thereon; and

(9) whether an appeal was taken and the date of that action.

(b) The information in the docket may be processed and stored by the
use of electronic data processing equipment, at the discretion of
the justice of the peace or the municipal court judge.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1989,
71st Leg., ch. 499, Sec. 1, eff. Aug. 28, 1989. Renumbered from
Vernon's Ann.C.C.P. art. 45.13 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 14, eff. Sept. 1, 1999.

 

Art. 45.018. Complaint

(a) For purposes of this chapter, a complaint is a sworn allegation
charging the accused with the commission of an offense.

(b) 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.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 15, eff. Sept. 1,
1999.

 

Art. 45.019. [883] [973] [938] Requisites Of Complaint

(a) A complaint is sufficient, without regard to its form, if it
substantially satisfies the following requisites:

(1) it must be in writing;

(2) it must commence "In the name and by the authority of the State
of Texas";

(3) it must state the name of the accused, if known, or if unknown,
must include a reasonably definite description of the accused;

(4) it must show that the accused has committed an offense against
the law of this state, or state that the affiant has good reason to
believe and does believe that the accused has committed an offense
against the law of this state;

(5) it must state the date the offense was committed as definitely
as the affiant is able to provide;

(6) it must bear the signature or mark of the affiant; and

(7) it must conclude with the words "Against the peace and dignity
of the State" and, if the offense charged is an offense only under a
municipal ordinance, it may also conclude with the words "Contrary
to the said ordinance".

(b) A complaint filed in justice court must allege that the offense
was committed in the county in which the complaint is made.

(c) A complaint filed in municipal court must allege that the
offense was committed in the territorial limits of the municipality
in which the complaint is made.

(d) A complaint may be sworn to before any officer authorized to
administer oaths.

(e) A complaint in municipal court may be sworn to before:

(1) the municipal judge;

(2) the clerk of the court or a deputy clerk;

(3) the city secretary; or

(4) the city attorney or a deputy city attorney.

(f) If the defendant does not object to a defect, error, or
irregularity of form or substance in a charging instrument before
the date on which the trial on the merits commences, the defendant
waives and forfeits the right to object to the defect, error, or
irregularity. Nothing in this article prohibits a trial court from
requiring that an objection to a charging instrument be made at an
earlier time.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.17 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 16, eff. Sept. 1, 1999.

 

Art. 45.020. [904] [996] [961] Appearance by Counsel

(a) The defendant has a right to appear by counsel as in all other
cases.

(b) Not more than one counsel shall conduct either the prosecution
or defense. State's counsel may open and conclude the argument.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.37 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 17, eff. Sept. 1, 1999.

 

Art. 45.021. [900] [992] [957] Pleadings

All pleading of the defendant in justice or municipal court may be
oral or in writing as the court may direct.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.33 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 18, eff. Sept. 1, 1999.

 

Art. 45.0215. Plea by Minor and Appearance of Parent

(a) If a defendant is younger than 17 years of age and has not had
the disabilities of minority removed, the judge or justice:

(1) must take the defendant's plea in open court; and

(2) shall 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.

(b) If the court is unable to secure the appearance of the
defendant's parent, guardian, or managing conservator by issuance
of 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.

(c) If the defendant resides in a county other than the county in
which the alleged offense occurred, the defendant may, with leave
of the judge of the court of original jurisdiction, enter the plea,
including a plea under Article 45.052, before a judge in the county
in which the defendant resides.

Added by Acts 1997, 75th Leg., ch. 193, Sec. 1, eff. Sept. 1, 1997.
Renumbered from Vernon's Ann.C.C.P. art. 45.331 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 19, eff. Sept. 1, 1999.

 

Art. 45.0216. Expunction of Certain Conviction Records of Children

(a) In this article, "child" has the meaning assigned by Section
51.02, Family Code.

(b) A person convicted of not more than one offense described by
Section 8.07(a)(4) or (5), Penal Code, while the person was a child
may, on or after the person's 17th birthday, apply to the court in
which the child was convicted to have the conviction expunged as
provided by this article.

(c) The person must make a written request to have the records
expunged. The request must be under oath.

(d) The request must contain the person's statement that the person
was not convicted while the person was a child of any offense
described by Section 8.07(a)(4) or (5), Penal Code, other than the
offense the person seeks to have expunged.

(e) 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.

(f) If the court finds that the person was not convicted of any
other offense described by Section 8.07(a)(4) or (5), Penal Code,
while the person was a child, 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. After
entry of the order, the person is released from all disabilities
resulting from the conviction and the conviction may not be shown or
made known for any purpose.

(g) This article does not apply to any offense otherwise covered by:

(1) Chapter 106, Alcoholic Beverage Code;

(2) Chapter 161, Health and Safety Code; or

(3) Section 25.094, Education Code.

(h) Records of a person under 17 years of age relating to a
complaint dismissed as provided by Article 45.051 or 45.052 may be
expunged under this article.

(i) The justice or municipal court may not require a person who
requests expungement under this article to pay any fee or court
costs.

(j) The procedures for expunction provided under this article are
separate and distinct from the expunction procedures under Chapter
55.

Added by Acts 2001, 77th Leg., ch. 1297, Sec. 50, eff. Sept. 1,
2001.

 

Art. 45.022. [901] [993] [958] Plea of Guilty or Nolo Contendere

Proof as to the offense may be heard upon a plea of guilty or a plea
of nolo contendere and the punishment assessed by the court .

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.34 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 20, eff. Sept. 1, 1999.

 

Art. 45.023. [898] [990] [995] Defendant's Plea

After the jury is impaneled, or after the defendant has waived trial
by jury, the defendant may:

(1) plead guilty or not guilty;

(2) enter a plea of nolo contendere; or

(3) enter the special plea of double jeopardy as described by
Article 27.05.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.31 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 21, eff. Sept. 1, 1999.

 

Art. 45.024. [902] [994] [959] Defendant's Refusal to Plead

The justice or judge shall enter a plea of not guilty if the
defendant refuses to plead.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.35 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 22, eff. Sept. 1, 1999.

 

Art. 45.025. [891] [982] [947] Defendant May Waive Jury

The accused may waive a trial by jury in writing. If the defendant
waives a trial by jury, the justice or judge shall hear and
determine the cause without a jury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.24 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 23, eff. Sept. 1, 1999.

 

Art. 45.026. Jury Trial; Failure to Appear

(a) A justice or municipal court may order a party who does not
waive a jury trial in a justice or municipal court and who fails to
appear for the trial to pay the costs incurred for impaneling the
jury.

(b) The justice or municipal court may release a party from the
obligation to pay costs under this section for good cause.

(c) An order issued by a justice or municipal court under this
section may be enforced by contempt as prescribed by Section
21.002(c), Government Code.

Added by Acts 1995, 74th Leg., ch. 122, Sec. 1, eff. Sept. 1, 1995.
Renumbered from Vernon's Ann.C.C.P. art. 45.251 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 24, eff. Sept. 1, 1999.

 

Art. 45.027. [892] [983, 984] Jury Summoned

(a) If the accused 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) The jurors when so summoned shall remain in attendance as jurors
in all cases that may come up for hearing until discharged by the
court.

(c) Any person so summoned who fails to attend may be fined an
amount not to exceed $100 for contempt.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1995,
74th Leg., ch. 802, Sec. 1, eff. Sept. 1, 1995. Renumbered from
Vernon's Ann.C.C.P. art. 45.25 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 25, eff. Sept. 1, 1999.

 

Art. 45.028. [896] [988] [953] Other Jurors Summoned

If, from challenges or any other cause, a sufficient number of
jurors are not in attendance, the justice or judge shall order the
proper officer to summon a sufficient number of qualified persons
to form the jury.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.29 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 26, eff. Sept. 1, 1999.

 

Art. 45.029. [895] [987] [952] Peremptory Challenges

In all jury trials in a justice or municipal court, the state and
each defendant in the case is entitled to three peremptory
challenges.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.28 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 27, eff. Sept. 1, 1999.

 

Art. 45.030. [897] [989] [954] Formation Of Jury

The justice or judge shall form the jury and administer the
appropriate oath in accordance with Chapter 35.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.30 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 28, eff. Sept. 1, 1999.

 

Art. 45.031. [903] [995] [960] Counsel for State Not Present

If the state is not represented by counsel when the case is called
for trial, the justice or judge may:

(1) postpone the trial to a date certain;

(2) appoint an attorney pro tem as provided by this code to
represent the state; or

(3) proceed to trial.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.36 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 29, eff. Sept. 1, 1999

 

Art. 45.032. Directed Verdict

If, upon 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."

Added by Acts 1969, 61st Leg., p. 1655, ch. 520, Sec. 2, eff. June
10, 1969. Renumbered from Vernon's Ann.C.C.P. art. 45.031 and
amended by Acts 1999, 76th Leg., ch. 1545, Sec. 30, eff. Sept. 1,
1999.

 

Art. 45.033. Jury Charge

The judge shall charge the jury. The charge may be made orally or in
writing, except that the charge shall be made in writing if required
by law.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 31, eff. Sept. 1,
1999.

 

Art. 45.034. [906] [998] [963] Jury Kept Together

The jury shall retire in charge of an officer when the cause is
submitted to them, and be kept together until they agree to a
verdict, are discharged, or the court recesses.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.39 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 32, eff. Sept. 1, 1999.

 

Art. 45.035. [907] [999] [964] Mistrial

A jury shall be discharged if it fails to agree to a verdict after
being kept together a reasonable time. If a jury is discharged
because it fails to agree to a verdict, the justice or judge may
impanel another jury as soon as practicable to try such cause.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1995,
74th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 1995. Renumbered from
Vernon's Ann.C.C.P. art. 45.40 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 33, eff. Sept. 1, 1999.

 

Art. 45.036. [909] [1001, 1002] Verdict

(a) When the jury has agreed on a verdict, the jury shall bring the
verdict into court.

(b) The justice or judge shall see that the verdict is in proper
form and shall render the proper judgment and sentence on the
verdict.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.42 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 34, eff. Sept. 1, 1999.

 

 

Art. 45.037. [912] [1005] [970] Motion for New Trial

A motion for a new trial must be made within one day after the
rendition of judgment and sentence, and not afterward.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.45 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 35, eff. Sept. 1, 1999.

 

Art. 45.038. [911] [1004] [969] New Trial Granted

(a) Not later than the 10th day after the date that the judgment is
entered, a justice or judge may, for good cause shown, grant the
defendant a new trial, whenever the justice or judge considers that
justice has not been done the defendant in the trial of the case.

(b) If a motion for a new trial is not granted before the 11th day
after the date that the judgment is entered, the motion shall be
considered denied.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.44 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 36, eff. Sept. 1, 1999.

 

Art. 45.039. [913] [1006-1007] Only One New Trial Granted

Not more than one new trial shall be granted the defendant in the
same case. When a new trial has been granted, the justice or judge
shall proceed, as soon as practicable, to try the case again.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.46 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 37, eff. Sept. 1, 1999.

 

Art. 45.040. [914] [1008] [973] State Not Entitled to New Trial

In no case shall the state be entitled to a new trial.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.47 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 38, eff. Sept. 1, 1999.

 

Art. 45.041. [917] [1012] [977] Judgment

(a) The judgment and sentence, in case of conviction in a criminal
action before a justice of the peace or municipal court judge, shall
be that the defendant pay the amount of the fine and costs to the
state.

(b) The justice or judge may direct the defendant:

(1) to pay:

(A) the entire fine and costs when sentence is pronounced;

(B) the entire fine and costs at some later date; or

(C) a specified portion of the fine and costs at designated
intervals;

(2) if applicable, to make restitution to any victim of the offense
in an amount not to exceed $500; and

(3) to satisfy any other sanction authorized by law.

(c) The justice or judge shall credit the defendant for time served
in jail as provided by Article 42.03. The credit shall be applied
to the amount of the fine and costs at the rate provided by Article
45.048.

(d) All judgments, sentences, and final orders of the justice or
judge shall be rendered in open court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971,
62nd Leg., p. 2990, ch. 987, Sec. 5, eff. June 15, 1971. Renumbered
from Vernon's Ann.C.C.P. art. 45.50 and amended by Acts 1999, 76th
Leg., ch. 1545, Sec. 39, eff. Sept. 1, 1999.

 

Art. 45.042. [876] Appeal

(a) Appeals from a justice or municipal court, including appeals
from final judgments in bond forfeiture proceedings, shall be heard
by the county court except in cases where the county court has no
jurisdiction, in which counties such appeals shall be heard by the
proper court.

(b) Unless the appeal is taken from a municipal court of record and
the appeal is based on error reflected in the record, the trial
shall be de novo.

(c) In an appeal from the judgment and sentence of a justice or
municipal court, if the defendant is in custody, the defendant is to
be committed to jail unless the defendant gives bail.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1987,
70th Leg., ch. 641, Sec. 4, eff. Sept. 1, 1987. Renumbered from
Vernon's Ann.C.C.P. art. 45.10 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 40, eff. Sept. 1, 1999.

 

Art. 45.0425. Appeal Bond

(a) If the court from whose judgment and sentence the appeal is
taken is in session, the court must approve the bail. The amount of
a bail bond may not be less than two times the amount of the fine and
costs adjudged against the defendant, payable to the State of
Texas. The bail may not in any case be for a sum less than $50. If
the 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 under Article
27.14(b) notified the defendant would be approved.

(b) An appeal bond shall recite that in the cause the defendant was
convicted and has appealed and be conditioned that the defendant
shall make the defendant's personal appearance before the court to
which the appeal is taken instanter, if the court is in session, or,
if the court is not in session, at its next regular term, stating
the time and place of that session, and there remain from day to day
and term to term, and answer in the cause in the court.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 41, eff. Sept. 1,
1999.

 

Art. 45.0426. [834] [922] Filing Bond Perfects Appeal

(a) When the appeal bond has been filed with the justice or judge
who tried the case not later than the 10th day after the date the
judgment was entered, the appeal in such case shall be held to be
perfected.

(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) An appeal may not be dismissed because the defendant failed to
give notice of appeal in open court. An appeal by the defendant or
the state may not be dismissed on account of any defect in the
transcript.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1995,
74th Leg., ch. 478, Sec. 1, eff. Sept. 1, 1995. Renumbered from
Vernon's Ann.C.C.P. art. 45.14 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 42, eff. Sept. 1, 1999.

 

Art. 45.043. [915] [1010] [975] Effect of Appeal

When a defendant files the appeal bond required by law with the
justice or municipal court, all further proceedings in the case in
the justice or municipal court shall cease.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.48 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 43, eff. Sept. 1, 1999.

 

Art. 45.044. Forfeiture of CashBond in Satisfaction of Fine

(a) A justice or judge may enter a judgment of conviction and
forfeit a cash bond posted by the defendant in satisfaction of the
defendant's fine and cost 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 terms of the defendant's
release.

(b) A justice or judge who enters a judgment of conviction and
forfeiture under Subsection (a) of this article 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 date certain 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 45.037 of this code, the defendant may
file a motion for a new trial within the period provided by
Subsection (b) of this article, 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.

Added by Acts 1993, 73rd Leg., ch. 109, Sec. 1, eff. May 9, 1993.
Renumbered from Vernon's Ann.C.C.P. art. 45.231 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 44, eff. Sept. 1, 1999.

 

Art. 45.045. [918] [1013] [978] Capias Pro Fine

(a) If the defendant is not in custody when the judgment is rendered
or if the defendant fails to satisfy the judgment according to its
terms, the court may order a capias pro fine issued for the
defendant's arrest. The capias pro fine shall state the amount of
the judgment and sentence, and command the appropriate peace
officer to bring the defendant before the court or place the
defendant in jail until the defendant can be brought before the
court.

(b) A capias pro fine may not be issued for an individual convicted
for an offense committed before the individual's 17th birthday
unless:

(1) the individual 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 individual;

(B) the criminal record and history of the individual; 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 45.050 to compel the
individual to discharge the judgment.

(c) This article does not limit the authority of a court to order a
child taken into custody under Article 45.058 or 45.059.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971,
62nd Leg., p. 2991, ch. 987, Sec. 6, eff. June 15, 1971. Renumbered
from Vernon's Ann.C.C.P. art. 45.51 and amended by Acts 1999, 76th
Leg., ch. 1545, Sec. 45, eff. Sept. 1, 1999. Amended by Acts 2003,
78th Leg., ch. 283, Sec. 31, eff. Sept. 1, 2003.

 

Art. 45.046. [919] [1014] [979] Commitment

(a) When 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 determines that:

(1) the defendant intentionally failed to make a good faith effort
to discharge the judgment; or

(2) the defendant is not indigent.

(b) A certified copy of the judgment, sentence, and order is
sufficient to authorize such confinement.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971,
62nd Leg., p. 2991, ch. 987, Sec. 7, eff. June 15, 1971. Renumbered
from Vernon's Ann.C.C.P. art. 45.52 and amended by Acts 1999, 76th
Leg., ch. 1545, Sec. 46, eff. Sept. 1, 1999.

 

Art. 45.047. Civil Collection of Fines 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.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 47, eff. Sept. 1,
1999.

 

Art. 45.048. Discharged from Jail

(a) A defendant placed in jail on account of failure to pay the fine
and costs shall be discharged on habeas corpus by showing that the
defendant:

(1) is too poor to pay the fine and costs; or

(2) has remained in jail a sufficient length of time to satisfy the
fine and costs, at the rate of not less than $50 for each period of
time served, as specified by the convicting court in the judgment in
the case.

(b) A convicting court may specify a period of time that is not less
than eight hours or more than 24 hours as the period for which a
defendant who fails to pay the fines and costs in the case must
remain in jail to satisfy $50 of the fine and costs.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1981,
67th Leg., p. 2648, ch. 708, Sec. 3, eff. Aug. 31, 1981. Renumbered
from Vernon's Ann.C.C.P. art. 45.53 and amended by Acts 1999, 76th
Leg., ch. 1545, Sec. 48, eff. Sept. 1, 1999. Amended by Acts 2001,
77th Leg., ch. 872, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 209, Sec. 65(a), eff. Jan. 1, 2004.

 

Art. 45.049. Community Service in Satisfaction of Fine or Costs

(a) A justice or judge may require a defendant who fails to pay a
previously assessed fine or costs, or who is determined by the court
to have insufficient resources or income to pay a fine or costs, to
discharge all or part of the fine or costs by performing community
service. A defendant may discharge an obligation to perform
community service under this article by paying at any time the fine
and costs assessed.

(b) In the justice's or judge's order requiring a defendant to
participate in community service work under this article, the
justice or judge must specify the number of hours the defendant is
required to work.

(c) The justice or judge may order the defendant to perform
community service work under this article only for a governmental
entity or a nonprofit organization that provides services to the
general public that enhance social welfare and the general
well-being of the community. A governmental entity or nonprofit
organization that accepts a defendant under this article to perform
community service must agree to supervise the defendant in the
performance of the defendant's work and report on the defendant's
work to the justice or judge who ordered the community service.

(d) A justice or judge may not order a defendant to perform more
than 16 hours per week of community service under this article
unless the justice or judge determines that requiring the defendant
to work additional hours does not work a hardship on the defendant
or the defendant's dependents.

(e) A defendant is considered to have discharged not less than $50
of fines or costs for each eight hours of community service
performed under this article.

(f) 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 is not liable for damages arising
from an act or failure to act in connection with manual labor
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.

Added by Acts 1993, 73rd Leg., ch. 298, Sec. 1, eff. May 27, 1993.
Renumbered from Vernon's Ann.C.C.P. art. 45.521 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1, 1999; Subsec. (e)
amended by Acts 2003, 78th Leg., ch. 209, Sec. 66(a), eff. Jan. 1,
2004.

 

Art. 45.050. Failure to Pay Fine; Contempt: Juveniles

(a) In this article, "child" has the meaning assigned by Article
45.058(h).

(b) A justice or municipal court may not order the confinement of a
child for:

(1) the failure to pay all or any part of a fine or costs imposed for
the conviction of an offense punishable by fine only; or

(2) 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 justice or municipal court
order; or

(2) retain jurisdiction of the case, hold the child in contempt of
the justice or municipal court, and order either or both of the
following:

(A) that the contemnor pay a fine not to exceed $500; or

(B) that 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, to deny the issuance of a license or permit to
the contemnor until the contemnor fully complies with the orders of
the court.

(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 justice or municipal court, but contempt
proceedings could not be held before the person's 17th birthday.

(f) A 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 court.

(g) A justice or municipal court may not refer a child who violates
a court order while 17 years of age or older to a juvenile court for
delinquency proceedings for contempt of court.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 86, eff. Jan. 1, 1996.
Subsec. (b) amended by Acts 1999, 76th Leg., ch. 76, Sec. 7, eff.
Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.522 and
amended by Acts 1999, 76th Leg., ch. 1545, Sec. 49, eff. Sept. 1,
1999. Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1297, Sec.
51, eff. Sept. 1, 2001. Amended by Acts 2001, 77th Leg., ch. 1514,
Sec. 8, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 32,
eff. Sept. 1, 2003.

 

Art. 45.051. Suspension of Sentence and Deferral of Final
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, the judge may, at the judge's
discretion, defer further proceedings without entering an
adjudication of guilt and place the defendant on probation for a
period not to exceed 180 days. An order of deferral under this
subsection terminates any liability under a bail bond or an
appearance bond given for the charge.

(b) During the deferral period, the judge may, at the judge's
discretion, require the defendant to:

(1) post a bond in the amount of the fine assessed to secure payment
of the fine;

(2) pay restitution to the victim of the offense in an amount not to
exceed the fine assessed;

(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) participate in an alcohol or drug abuse treatment or education
program;

(7) pay the costs of any diagnostic testing, psychosocial
assessment, or participation in a treatment or education program
either directly or through the court as court costs;

(8) complete a driving safety course approved under the Texas
Driver and Traffic Safety Education Act (Article 4413(29c),
Vernon's Texas Civil Statutes) 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
article; and

(10) comply with any other reasonable condition.

(c) On determining that the defendant has complied with the
requirements imposed by the judge under this article, the judge
shall dismiss the complaint, and it shall be clearly noted in the
docket that the complaint is dismissed and that there is not a final
conviction. If the complaint is dismissed, a special expense not to
exceed the amount of the fine assessed may be imposed.

(c-1) Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.03.

(d) If by the conclusion of the deferral period the defendant does
not present satisfactory evidence that the defendant complied with
the requirements imposed, the judge may impose the fine assessed or
impose a lesser fine. The imposition of the fine or lesser fine
constitutes a final conviction of the defendant.

(e) Records relating to a complaint dismissed as provided by this
article may be expunged under Article 55.01. If a complaint is
dismissed under this article, there is not a final conviction and
the complaint may not be used against the person for any purpose.

(f) This article does not apply to:

(1) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies; or

(2) a traffic offense committed by a person who holds a commercial
driver's license.

Added by Acts 1981, 67th Leg., p. 894, ch. 318, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1987, 70th Leg., ch. 226, Sec. 1, eff. Sept.
1, 1987; Acts 1989, 71st Leg., ch. 399, Sec. 1, eff. June 14, 1989.
Subsec. (1) amended by Acts 1991, 72nd Leg., ch. 775, Sec. 19, eff.
Sept. 1, 1991. Amended by Acts 1991, 72nd Leg., ch. 835, Sec. 4,
eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 5.07, eff.
Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 532, Sec. 1,
eff. Sept. 1, 1999; 1999, 76th Leg., ch. 1387, Sec. 1, eff. Sept. 1,
1999. Renumbered from Vernon's Ann.C.C.P. art. 45.54 and amended
by Acts 1999, 76th Leg., ch. 1545, Sec. 50, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 3.002, eff. Sept. 1,
2001; Amended by Acts 2003, 78th Leg., ch. 991, Sec. 12, eff. Sept.
1, 2003; Amended by Acts 2003, 78th Leg., ch. 1182, Sec. 1, eff.
Sept. 1, 2003; Subsec. (c) amended by Acts 2003, 78th Leg., 3rd
C.S., ch. 8, Sec. 4.01, eff. Jan. 11, 2004; Subsec. (c-1) amended
by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.03, eff. Jan. 11,
2004.

 

Art. 45.0511. Driving Safety Course or Motorcycle Operator Course
Dismissal Procedures

(a) This article applies only to an alleged offense that:

(1) is within the jurisdiction of a justice court or a 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) The judge shall require the defendant to successfully complete
a driving safety course approved by the Texas Education Agency 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 article;

(2) the defendant has not completed an approved driving safety
course or motorcycle operator training course, as appropriate,
within the 12 months preceding the date of the offense;

(3) the defendant enters a plea under Article 45.021 in person or in
writing of no contest or guilty on or before the answer date on the
notice to appear 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;

(4) the defendant has a valid Texas driver's license or permit;

(5) the defendant is charged with an offense to which this article
applies, other than speeding 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.

(c) The court shall enter judgment on the defendant's plea of no
contest or guilty at the time the plea is made, defer imposition of
the judgment, and allow the defendant 90 days 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) the defendant's driving record as maintained by the Department
of Public Safety showing that the defendant had not completed an
approved driving safety course or motorcycle operator training
course, as applicable, within the 12 months preceding the date of
the offense; and

(3) an affidavit stating that the defendant was not taking a driving
safety course or motorcycle operator training course, as
applicable, under this article on the date the request to take the
course was made and had not completed such a course that is not
shown on the defendant's driving record within the 12 months
preceding the date of the offense.

(d) Notwithstanding Subsections (b)(2) and (3), 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 article.

(e) 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.

(f) 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 course under Subsection (b) to
pay an administrative fee set by the court to cover the cost of
administering this article at an amount of not more than $10; or

(2) require a defendant requesting a course under Subsection (d) to
pay a fee set by the court at an amount not to exceed the maximum
amount of the fine for the offense committed by the defendant.

(g) A defendant who requests but does not take a course is not
entitled to a refund of the fee.

(h) Fees collected by a municipal court shall be deposited in the
municipal treasury. Fees collected by another court shall be
deposited in the county treasury of the county in which the court is
located.

(i) If a defendant requesting a course under this article fails to
comply with Subsection (c), 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.

(j) If the defendant fails to appear at the time and place stated in
the notice under Subsection (i), or appears at the time and place
stated in the notice but does not show good cause for the
defendant's failure to comply with Subsection (c), the court shall
enter an adjudication of guilt and impose sentence.

(k) On a defendant's showing of good cause for failure to furnish
evidence to the court, the court may allow an extension of time
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.

(l) When a defendant complies with Subsection (c), 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 Texas Department of Public Safety for
inclusion in the person's driving record; and

(3) state in that report whether the course was taken under this
article to provide information necessary to determine eligibility
to take a subsequent course under Subsection (b).

(m) The court may dismiss only one charge for each completion of a
course.

(n) A charge that is dismissed under this article may not be part of
a person's driving record or used for any purpose.

(o) 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
completed a driving safety course or a motorcycle operator training
course, or had a charge dismissed under this article.

(p) 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 article 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 or 729.004(b),
Transportation Code, applies.

(q) A notice to appear issued for an offense to which this article
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."

(r) If the notice required by Subsection (q) 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 (q) is provided to the defendant or there is a final
disposition of the case.

(s) This article does not apply to an offense committed by a person
who holds a commercial driver's license.

(t) An order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 51, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 3.0021(a),
eff. Sept. 1, 2001; Amended by Acts 2003, 78th Leg., ch. 991, Sec.
13, eff. Sept. 1, 2003; Amended by Acts 2003, 78th Leg., ch. 1182,
Sec. 2, eff. Sept. 1, 2003; Subsecs. (e), (l) to (t) amended by Acts
2003, 78th Leg., 3rd C.S., ch. 8, Sec. 4.02, eff. Jan. 11, 2004.

 

Art. 45.052. Dismissal of Misdemeanor Charge on Completion of Teen
Court Program

(a) A justice or municipal court may defer proceedings against a
defendant who is under the age of 18 or enrolled full time in an
accredited secondary school in a program leading toward a high
school diploma for not more than 180 days if the defendant:

(1) is charged with an offense that the court has jurisdiction of
under Article 4.11 or 4.14, Code of Criminal Procedure;

(2) pleads nolo contendere or guilty to the offense in open court
with the defendant's parent, guardian, or managing conservator
present;

(3) presents to the court an oral or written request to attend a
teen court program; and

(4) has not successfully completed a teen court program in the two
years preceding the date that the alleged offense occurred.

(b) The teen court program must be approved by the court.

(c) A defendant for whom proceedings are deferred under Subsection
(a) shall complete the teen court program not later than the 90th
day after the date the teen court hearing to determine punishment is
held or the last day of the deferral period, whichever date is
earlier. 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.

(d) A charge dismissed under this article may not be part of the
defendant's criminal record or driving record or used for any
purpose. However, if the charge was for a traffic offense, the
court shall report to the Department of Public Safety that the
defendant successfully completed the teen court program and the
date of completion for inclusion in the defendant's driving record.

(e) The justice or municipal court may require a person who requests
a teen court program to pay a fee not to exceed $10 that is set by
the court to cover the costs of administering this article. Fees
collected by a municipal court shall be deposited in the municipal
treasury. Fees collected by a justice court shall be deposited in
the county treasury of the county in which the court is located. A
person who requests a teen court program and fails to complete the
program is not entitled to a refund of the fee.

(f) A court may transfer a case in which proceedings have been
deferred under this section to a court in another county if the
court to which the case is transferred consents. A case may not be
transferred unless it is within the jurisdiction of the court to
which it is transferred.

(g) In addition to the fee authorized by Subsection (e) of this
article, the court may require a child who requests a teen court
program to pay a $10 fee to cover the cost to the teen court for
performing its 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. A
child who pays a fee under this subsection is not entitled to a
refund of the fee, regardless of whether the child successfully
completes the teen court program.

(h) 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 that is imposed by another statute.

Added by Acts 1989, 71st Leg., ch. 1031, Sec. 1, eff. Sept. 1, 1989.
Subsec. (g) added by Acts 1995, 74th Leg., ch. 598, Sec. 1, eff.
Sept. 1, 1995; added by Acts 1995, 74th Leg., ch. 748, Sec. 2, eff.
Sept. 1, 1995; Subsec. (h) relettered from Subsec. (g) by Acts
1997, 75th Leg., ch. 165, Sec. 31.01(13), eff. Sept. 1, 1997;
Subsecs. (a), (f) amended by Acts 1999, 76th Leg., ch. 76, Sec. 6,
eff. Sept. 1, 1999. Renumbered from Vernon's Ann.C.C.P. art. 45.55
and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 52, eff. Sept.
1, 1999. Subsec. (a) amended by Acts 2001, 77th Leg., ch. 216, Sec.
1, eff. Sept. 1, 2001; Subsec. (c) amended by Acts 2001, 77th Leg.,
ch. 216, Sec. 1, eff. Sept. 1, 2001.

 

Art. 45.053. Dismissal of Misdemeanor Charge on Commitment of
Chemically Dependent Person

(a) On a plea of guilty or nolo contendere by a defendant or on a
finding of guilt in a misdemeanor case punishable by a fine only, a
justice or municipal court may defer further proceedings for 90
days 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 charge 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, and it shall be clearly noted in the docket that the
complaint is dismissed and that there is not a final conviction.

(c) If at the conclusion of the deferral period satisfactory
evidence that the defendant was committed for and completed
court-ordered treatment in accordance with Chapter 462, Health and
Safety Code, is not presented, the justice or municipal court may
impose the fine assessed or impose a lesser fine. The imposition of
a fine constitutes a final conviction of the defendant.

(d) Records relating to a complaint dismissed under this article
may be expunged under Article 55.01 of this code. If a complaint is
dismissed under this article, there is not a final conviction and
the complaint may not be used against the person for any purpose.

Added by Acts 1991, 72nd Leg., ch. 198, Sec. 1, eff. Sept. 1, 1991.
Renumbered from Vernon's Ann.C.C.P. art. 45.56 and amended by Acts
1999, 76th Leg., ch. 1545, Sec. 53, eff. Sept. 1, 1999.

 

Art. 45.054. Failure to Attend School Proceedings

(a) On a finding by a county, justice, or municipal court that an
individual has committed an offense under Section 25.094, Education
Code, the court has jurisdiction to enter an order that includes one
or more of the following provisions requiring that:

(1) the individual:

(A) attend school without unexcused absences;

(B) attend a preparatory class for the high school equivalency
examination administered under Section 7.111, Education Code, if
the court determines that the individual is too old to do well in a
formal classroom environment; or

(C) if the individual is at least 16 years of age, take the high
school equivalency examination administered under Section 7.111,
Education Code;

(2) the individual attend a special program that the court
determines to be in the best interest of the individual, including:

(A) an alcohol and drug abuse program;

(B) a rehabilitation program;

(C) a counseling program, including self-improvement counseling;

(D) a program that provides training in self-esteem and leadership;

(E) a work and job skills training program;

(F) a program that provides training in parenting, including
parental responsibility;

(G) a program that provides training in manners;

(H) a program that provides training in violence avoidance;

(I) a program that provides sensitivity training; and

(J) a program that provides training in advocacy and mentoring;

(3) the individual and the individual's parent attend a class for
students at risk of dropping out of school designed for both the
individual and the individual's parent;

(4) the individual complete reasonable community service
requirements; or

(5) for the total number of hours ordered by the court, the
individual participate in a tutorial program covering the academic
subjects in which the student is enrolled provided by the school the
individual attends.

(a-1) On a finding by a juvenile court in a county with a population
of less than 100,000 that the individual has engaged in conduct that
violates Section 25.094, Education Code, the court has jurisdiction
to enter an order that includes one or more of the provisions listed
under Subsection (a).

(b) An order under Subsection (a)(3) that requires the parent of an
individual to attend a class for students at risk of dropping out of
school is enforceable in the justice, municipal, or juvenile court
by contempt.

(c) A court having jurisdiction under this article shall endorse on
the summons issued to the parent of the individual who is the
subject of the hearing an order directing the parent to appear
personally at the hearing and directing the person having custody
of the individual to bring the individual to the hearing.

(d) An individual commits an offense if the individual is a parent
who fails to attend a hearing under this article after receiving
notice under Subsection (c) that the individual's attendance is
required. An offense under this subsection is a Class C
misdemeanor.

(e) On the commencement of proceedings under this article, the
court shall inform the individual who is the subject of the hearing
and the individual's parent in open court of the individual's
expunction rights and provide the individual and the individual's
parent with a written copy of Article 45.055.

(f) In addition to any other order authorized by this article, the
court may order the Department of Public Safety to suspend the
driver's license or permit of the individual who is the subject of
the hearing or, if the individual does not have a license or permit,
to deny the issuance of a license or permit to the individual for a
period specified by the court not to exceed 365 days.

(g) A dispositional order under this article is effective for the
period specified by the court in the order but may not extend beyond
the 180th day after the date of the order or beyond the end of the
school year in which the order was entered, whichever period is
longer.

(h) In this article, "parent" includes a person standing in
parental relation.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Subsec. (a) amended by Acts 2003, 78th Leg., ch. 137, Sec. 14, eff.
Sept. 1, 2003; Subsec. (a-1) added and Subsec. (b) amended by Acts
2003, 78th Leg., ch. 180, Sec. 1, eff. Sept. 1, 2003.

 

Art. 45.055. Expunction of Conviction and Records in Failure to
Attend School Cases

(a) An individual convicted of not more than one violation of
Section 25.094, Education Code, may, on or after the individual's
18th birthday, apply to the court in which the individual was
convicted to have the conviction and records relating to the
conviction expunged.

(b) To apply for an expunction, the applicant must submit a written
request that:

(1) is made under oath;

(2) states that the applicant has not been convicted of more than
one violation of Section 25.094, Education Code; and

(3) is in the form determined by the applicant.

(c) The court may expunge the conviction and records relating to the
conviction without a hearing or, if facts are in doubt, may order a
hearing on the application. If the court finds that the applicant

has not been convicted of more than one violation of Section 25.094,
Education Code, the court shall order the conviction, together with
all 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
applicant's record. After entry of the order, the applicant is
released from all disabilities resulting from the conviction, and
the conviction may not be shown or made known for any purpose. The
court shall inform the applicant of the court's decision on the
application.

(d) The court may not require an individual who files an application
under this article to pay any fee or court costs for seeking
expunction.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Subsec. (d) amended by Acts 2003, 78th Leg., ch. 137, Sec. 15, eff.
Sept. 1, 2003.

 

Art. 45.056. Authority to Employ Juvenile Case Managers;
Reimbursement

(a) On approval of the commissioners court, city council, school
district board of trustees, juvenile board, or other appropriate
authority, a justice court, municipal court, school district,
juvenile probation department, or other appropriate governmental
entity may:

(1) employ a case manager to provide services in cases involving
juvenile offenders before a court consistent with the court's
statutory powers; or

(2) agree in accordance with Chapter 791, Government Code, to
jointly employ a case manager.

(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. To be
eligible for reimbursement, the entity applying must present to the
governor's office a comprehensive plan to reduce juvenile crimes in
the entity's jurisdiction that addresses the role of the case
manager in that effort.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 283, Sec. 33, eff. Sept. 1,
2003.

 

Art. 45.057. Offenses Committed by Juveniles

(a) In this article:

(1) "Child" has the meaning assigned by Article 45.058(h).

(2) "Residence" means any place where the child lives or resides for
a period of at least 30 days.

(3) "Parent" includes a person standing in parental relation, a
managing conservator, or a custodian.

(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 county funds, that is approved
by the county commissioners court, including a rehabilitation,
counseling, self-esteem and leadership, work and job skills
training, job interviewing and work preparation, self-improvement,
parenting, manners, violence avoidance, tutoring, sensitivity
training, parental responsibility, community service, restitution,
advocacy, or mentoring program; or

(3) requiring that the child's parent do any act or refrain from
doing any act that 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, managing
conservator, or guardian of a child required to attend a program
under Subsection (b) to pay an amount not greater than $100 to pay
for the costs of the program.

(d) A justice or municipal court may require a child, parent,
managing conservator, or guardian 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 may result in arrest and is a Class C misdemeanor.

(f) An order under this article involving a child is enforceable
under Article 45.050.

(g) A person commits an offense if the person is a parent, managing
conservator, or guardian 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 court in writing with the current address
and residence of the child. 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 may result in arrest and
is a Class C misdemeanor. The obligation to provide notice
terminates on discharge and satisfaction of the judgment or 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 by

being given a copy of those subsections by:

(1) the court during their initial appearance before the court;

(2) a peace officer arresting and releasing a child under Article
45.058(a) on release; and

(3) a peace officer that issues a citation under Section 543.003,
Transportation Code, or Article 14.06(b) of this code.

(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.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.
Subsecs. (a), (b), (e), (h) amended by Acts 2003, 78th Leg., ch.
283, Sec. 34, eff. Sept. 1, 2003. Subsecs. (i) to (l) added by Acts
2003, 78th Leg., ch. 283, Sec. 34, eff. Sept. 1, 2003.

 

Art. 45.058. Children Taken Into Custody

(a) 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, other than public intoxication.

(b) A child described by Subsection (a) 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.

(c) A place of nonsecure custody for children must be an unlocked,
multipurpose area. A lobby, office, or interrogation room is
suitable if the area is not designated, set aside, or used as a
secure detention area and is not part of a secure detention area. A
place of nonsecure custody may be a juvenile processing office
designated under Section 52.025, Family Code, if the area is not
locked when it is used as a place of nonsecure custody.

(d) 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) the child may be held in the nonsecure facility only long enough
to accomplish the purpose of identification, investigation,
processing, release to parents, or 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) the child shall be under continuous visual supervision by a law
enforcement officer or facility staff person during the time the
child is in nonsecure custody.

(e) Notwithstanding any other provision of this article, a child
may not, under any circumstances, be detained in a place of
nonsecure custody for more than six hours.

(f) A child taken into custody for an offense that a justice or
municipal court has jurisdiction of under Article 4.11 or 4.14,
other than public intoxication, may be presented or detained in a
detention facility designated by the juvenile court under Section
52.02(a)(3), Family Code, only if:

(1) the child's non-traffic 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 45.050.

(g) A law enforcement officer may issue a field release citation as
provided by Article 14.06 in place of taking a child into custody
for a traffic offense or an offense, other than public
intoxication, punishable by fine only.

(h) 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.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.

 

Art. 45.059. Children Taken Into Custody for Violation of Juvenile
Curfew or Order

(a) A peace officer taking into custody a person younger than 17
years of age for 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 person to the person's parent, guardian, or
custodian;

(2) take the person before a justice or municipal court to answer
the charge; or

(3) take the person to a place designated as a juvenile curfew
processing office by the head of the law enforcement agency having
custody of the person.

(b) 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 person may not be secured physically to a cuffing rail,
chair, desk, or stationary object;

(3) the person may not be held longer than necessary to accomplish
the purposes of identification, investigation, processing, release
to a parent, guardian, or custodian, or arrangement of
transportation to school or court;

(4) a juvenile curfew processing office may not be designated or
intended for residential purposes;

(5) the person must be under continuous visual supervision by a
peace officer or other person during the time the person is in the
juvenile curfew processing office; and

(6) a person may not be held in a juvenile curfew processing office
for more than six hours.

(c) 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.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001.

 

Art. 45.060. Unadjudicated Children, Now Adults; Notice on
Reaching Age of Majority; Offense

(a) Except as provided by Articles 45.058 and 45.059, 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 543.003, 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 45.057(h) and (i) or did not receive
notice as required by Subsection (b).

(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."

Added by Acts 2003, 78th Leg., ch. 283, Sec. 35, eff. Sept. 1, 2003.

SUBCHAPTER C. PROCEDURES IN JUSTICE COURT

 

 

Art. 45.101. Justice Court Prosecutions

(a) All prosecutions in a justice court shall be conducted by the
county or district attorney or a deputy county or district
attorney.

(b) Except as otherwise provided by law, appeals from justice court
may be prosecuted by the district attorney or a deputy district
attorney with the consent of the county attorney.

Added by Acts 1999, 76th Leg., ch. 1545, Sec. 55, eff. Sept. 1,
1999.

 

Art. 45.102. [889] [980] [945] Offenses Committed in Another County

Whenever complaint is made before any justice of the peace that a
felony has been committed in any other than a county in which the
complaint is made, the justice shall issue a warrant for the arrest
of the accused, directed as in other cases, commanding that the
accused be arrested and taken before any magistrate of the county
where such felony is alleged to have been committed, forthwith, for
examination as in other cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.21 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 56, eff. Sept. 1, 1999.

 

Art. 45.103. [881] [971] [936] 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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from
Vernon's Ann.C.C.P. art. 45.15 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 57, eff. Sept. 1, 1999.

SUBCHAPTER D. PROCEDURES IN MUNICIPAL COURT

 

 

Art. 45.201. [869] Municipal Prosecutions

(a) All prosecutions in a municipal court shall be conducted by the
city attorney of the municipality or by a deputy city attorney.

(b) The county attorney of the county in which the municipality is
situated may, if the county attorney so desires, also represent the
state in such prosecutions. In such cases, the county attorney is
not entitled to receive any fees or other compensation for those
services.

(c) With the consent of the county attorney, appeals from municipal
court to a county court, county court at law, or any appellate court
may be prosecuted by the city attorney or a deputy city attorney.

(d) It is the primary duty of a municipal prosecutor not to convict,
but to see that justice is done.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1987,
70th Leg., ch. 923, Sec. 1, eff. Aug. 31, 1987. Renumbered from
Vernon's Ann.C.C.P. art. 45.03 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 59, eff. Sept. 1, 1999.

 

Art. 45.202. [870] Service of Process

(a) All process issuing out of a municipal court may be served and
shall be served when directed by the court, by a peace officer or
marshal of the municipality within which it is situated, under the
same rules as are provided by law for the service by sheriffs and
constables of process issuing out of the justice court, so far as
applicable.

(b) The peace officer or marshal may serve all process issuing out
of a municipal court anywhere in the county in which the
municipality is situated. If the municipality is situated in more
than one county, the peace officer or marshal may serve the process
throughout those counties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1171, ch. 523, Sec. 1, eff. Aug. 28, 1967. Renumbered
from Vernon's Ann.C.C.P. art. 45.04 and amended by Acts 1999, 76th
Leg., ch. 1545, Sec. 60, eff. Sept. 1, 1999.

 

Art. 45.203. [872] Collection Of Fines, Costs, and Special Expenses

(a) The governing body of each municipality shall by ordinance
prescribe rules, not inconsistent with any law of this state, as may
be proper to enforce the collection of fines imposed by a municipal
court. 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) imprisonment of the defendant.

(b) The governing body of a municipality may adopt such rules and
regulations, not inconsistent with any law of this state,
concerning the practice and procedure in the municipal court as the
governing body may consider proper.

(c) The governing body of each municipality may prescribe by
ordinance the collection, after due notice, of a special expense,
not to exceed $25 for the issuance and service of a warrant of
arrest for an offense under Section 38.10, Penal Code, or Section
543.009, Transportation Code. Money collected from the special
expense shall be paid into the municipal treasury for the use and
benefit of the municipality.

(d) Costs may not be imposed or collected in criminal cases in
municipal court by municipal ordinance.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1983,
68th Leg., p. 2140, ch. 389, Sec. 1, eff. Sept. 1, 1983; Acts 1987,
70th Leg., ch. 124, Sec. 1, eff. Sept. 1, 1987; Acts 1995, 74th
Leg., ch. 76, Sec. 14.26, eff. Sept. 1, 1995. Renumbered from Vernon's Ann.C.C.P. art. 45.06 and amended by Acts 1999, 76th Leg.,
ch. 1545, Sec. 61, eff. Sept. 1, 1999.

 

 

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