reglab/housing_qa huggingface dataset:
TX Code Crim Pro art 45.0217 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.0217. Confidential Records Related to Charges Against or Conviction of a Child

(a)  Except as provided by Article 15.27 and Subsection (b), 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.(b)  Information subject to Subsection (a) may be open to inspection only by:(1)  judges 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.(c)  In this article, "child" has the meaning assigned by Article 45.058(h).|Added by Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 2, eff. June 17, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1257 (H.B. 528), Sec. 2, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1257 (H.B. 528), Sec. 3, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1319 (S.B. 394), Sec. 2, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 4, eff. September 1, 2013.Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 345 (H.B. 2669), Sec. 2, eff. September 1, 2021.|
TX Code Crim Pro art 45.0218 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.0218. Confidential Records Related to Fine-Only Misdemeanor

(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 municipal or justice 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 judges 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, 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 or if federal law requires the disclosure 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.|Added by Acts 2017, 85th Leg., R.S., Ch. 811 (H.B. 681), Sec. 2, eff. September 1, 2017.|
TX Code Crim Pro art 45.022 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.022. 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.|
TX Code Crim Pro art 45.023 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.023. Defendant's Plea

(a) 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.(b)  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 (a).(c)  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.(d)  Notwithstanding Article 45.037, following a plea of guilty or nolo contendere entered under Subsection (b), a motion for new trial must be made not later than 10 days after the rendition of judgment and sentence, and not afterward.  The justice or judge shall grant a motion for new trial made under this subsection.|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.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 691 (H.B. 2679), Sec. 1, eff. September 1, 2013.|
TX Code Crim Pro art 45.024 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.024. 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.|
TX Code Crim Pro art 45.0241 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.0241. Acceptance of Defendant's Plea

A justice or judge may not accept a plea of guilty or plea of 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.|Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 3.02, eff. September 1, 2021.|
TX Code Crim Pro art 45.025 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.025. 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.|
TX Code Crim Pro art 45.026 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 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 a reimbursement fee for the costs incurred for impaneling the jury.(b)  The justice or municipal court may release a party from the obligation to pay the reimbursement fee 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.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.18, eff. January 1, 2020.|
TX Code Crim Pro art 45.027 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.027. 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.|
TX Code Crim Pro art 45.028 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.028. 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.|
TX Code Crim Pro art 45.029 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.029. 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.|
TX Code Crim Pro art 45.030 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.030. 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.|
TX Code Crim Pro art 45.031 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.031. 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|
TX Code Crim Pro art 45.032 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 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.|
TX Code Crim Pro art 45.033 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 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.|
TX Code Crim Pro art 45.034 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.034. 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.|
TX Code Crim Pro art 45.035 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.035. 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.|
TX Code Crim Pro art 45.036 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.036. 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.|
TX Code Crim Pro art 45.037 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.037. Motion for New Trial

A motion for a new trial must be made within five days 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.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 395 (S.B. 519), Sec. 1, eff. September 1, 2011.|
TX Code Crim Pro art 45.038 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.038. 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.|
TX Code Crim Pro art 45.039 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.039. 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.|
TX Code Crim Pro art 45.040 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.040. 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.|
TX Code Crim Pro art 45.042 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.042. 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.|
TX Code Crim Pro art 45.0425 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 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 an appeal 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 appeal bond may not in any case be for an amount 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.Amended by: Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 12, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 11, eff. September 1, 2017.|
TX Code Crim Pro art 45.0426 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.0426. 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.|
TX Code Crim Pro art 45.043 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 45.043. 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.|
TX Code Crim Pro art 45.044 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 45 - Justice and Municipal Courts|Subchapter . B. Procedures for Justice and Municipal Courts|Article 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.|