reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.42. Appeal on Forfeitures

An appeal may be taken by the defendant from every final judgment rendered upon a personal bond, bail bond or bond taken for the prevention or suppression of offenses, where such judgment is for twenty dollars or more, exclusive of costs, but not otherwise.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.43. Writ of Error

The defendant may also have any such judgment as is mentioned in the preceding Article, and which may have been rendered in courts other than the justice and corporation courts, reviewed upon writ of error.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.44. Rules in Forfeitures

In the cases provided for in the two preceding Articles, the proceeding shall be regulated by the same rules that govern civil actions where an appeal is taken or a writ of error sued out.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.45. Review by Court of Criminal Appeals

(a)  The Court of Criminal Appeals may review decisions of the court of appeals on its own motion.  An order for review must be filed before the decision of the court of appeals becomes final as determined by Article 42.045.
(b) The Court of Criminal Appeals may review decisions of the court of appeals upon a petition for review.
(1) The state or a defendant in a case may petition the Court of Criminal Appeals for review of the decision of a court of appeals in that case.
(2) The petition shall be filed with the clerk of the court of appeals which rendered the decision within 30 days after the final ruling of the court of appeals.
(3) The petition for review shall be addressed to "The Court of Criminal Appeals of Texas," and shall state the name of the petitioning party and shall include a statement of the case and authorities and arguments in support of each ground for review.
(4) Upon filing a petition for review, the petitioning party shall cause a true copy to be delivered to the attorney representing the opposing party.  The opposing party may file a reply to the petition with the Court of Criminal Appeals within 30 days after receipt of the petition from the petitioning party.
(5) Within 15 days after the filing of a petition for review, the clerk of the court of appeals shall note the filing on the record and forward the petition together with the original record and the opinion of the court of appeals to the Court of Criminal Appeals.
(6) The Court of Criminal Appeals shall either grant the petition and review the case or refuse the petition.
(7) Subsequent to granting the petition for review, the Court of Criminal Appeals may reconsider, set aside the order granting the petition, and refuse the petition as though the petition had never been granted.
(c) The Court of Criminal Appeals may promulgate rules pursuant to this article.
(d) Extensions of time for meeting the limits prescribed in Subdivisions (2) and (4) of Subsection (b) of this article may be granted by the Court of Criminal Appeals or a judge thereof for good cause shown on timely application to the Court of Criminal Appeals.
Added by Acts 1981, 67th Leg., p. 819, ch. 291, Sec. 147, eff. Sept. 1, 1981.  Sec. (d) added by Acts 1983, 68th Leg., p. 1103, ch. 249, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(3), eff. Sept. 1, 1987.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 44 - Appeal and Writ of Error › Article 44.46. Reversal of Conviction on the Basis of Service on Jury by a Disqualified Juror

A conviction in a criminal case may be reversed on appeal on the ground that a juror in the case was absolutely disqualified from service under Article 35.19 of this code only if:
(1) the defendant raises the disqualification before the verdict is entered;  or
(2) the disqualification was not discovered or brought to the attention of the trial court until after the verdict was entered and the defendant makes a showing of significant harm by the service of the disqualified juror.
Added by Acts 1993, 73rd Leg., ch. 372, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter . A. General Provisions › Article 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter . A. General Provisions › Article 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter . A. General Provisions › Article 45.003. Definition for Certain Prosecutions

For purposes of dismissing a charge under Section 502.407, 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1291 (H.B. 2305), Sec. 2, eff. March 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter . A. General Provisions › Article 45.004. General Definition

Unless the context clearly indicates otherwise, in this chapter, "cost" includes any fee, including a reimbursement fee, imposed on a defendant by the justice or judge.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.08, eff. January 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 106 (S.B. 1373), Sec. 3, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of subchapter effective until January 1, 2025
2023 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 45.011. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.012. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.013. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
2023 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 45.015. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.016. Personal Bond; Bail Bond

(a)  The justice or judge may require the defendant to give a personal bond to secure the defendant's appearance in accordance with this code.
(b)  The justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:
(1)  the defendant fails to appear in accordance with this code with respect to the applicable offense; and
(2)  the justice or judge determines that:
(A)  the defendant has sufficient resources or income to give a bail bond; and
(B)  a bail bond is necessary to secure the defendant's appearance in accordance with this code.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 10
(c)  If a defendant required to give a bail bond under Subsection (b) remains in custody, without giving the bond, for more than 48 hours after the issuance of the applicable order, the justice or judge shall reconsider the requirement for the defendant to give the bond.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 9
(c)  If before the expiration of a 48-hour period following the issuance of the applicable order a defendant described by Subsections (b)(1) and (2) does not give a required bail bond, the justice or judge:
(1)  shall reconsider the requirement for the defendant to give the bail bond and presume that the defendant does not have sufficient resources or income to give the bond; and
(2)  may require the defendant to give a personal bond.
(d)  If the defendant refuses to give a personal bond or, except as provided by Subsection (c), refuses or otherwise fails to give a bail bond, 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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 9, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.017. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.018. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
2023 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 45.020. Appearance by Counsel

(a)  The defendant has a right to appear by counsel as in all other cases.
(b) State's counsel may open and conclude the argument in the case.
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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 528 (H.B. 1386), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.0201. Appearance by Telephone or Videoconference

If the justice or judge determines that requiring a defendant to appear before the justice or judge in person for a hearing under Article 45.0445 or 45.045 would impose an undue hardship on the defendant, the justice or judge may allow the defendant to appear by telephone or videoconference.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.09, eff. January 1, 2020.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.021. 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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 45.0211. Plea by Defendant Charged With Family Violence Offense

(a)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b)  If a defendant is charged with an offense involving family violence, the judge or justice must take the defendant's plea in open court.
Added by Acts 2019, 86th Leg., R.S., Ch. 770 (H.B. 1528), Sec. 3, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
2023 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 45.0215. Plea by Minor and Appearance of Parent

(a)  Subject to the requirements of Subchapter E, this article applies to a defendant who has not had the disabilities of minority removed and has been:
(1)  charged with an offense other than an offense under Section 43.261, Penal Code, if the defendant is younger than 17 years of age; or
(2)  charged with an offense under Section 43.261, Penal Code, if the defendant is younger than 18 years of age.
Text of subsection effective until January 01, 2025
(a-1)  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.
Text of subsection effective until January 01, 2025
(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.
Text of subsection effective until January 01, 2025
(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.
Text of subsection effective until January 01, 2025
(d)  A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at a 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.
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.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 33, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 12, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 3, eff. January 1, 2024.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
2023 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

(a)  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 any competent attorney as an attorney pro tem to represent the state, notwithstanding Article 2.07; or
(3)  proceed to trial.
(b)  An attorney appointed under Subsection (a) is qualified to perform the duties of the office of the attorney representing the state and may be paid a reasonable fee for performing those duties.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 697 (H.B. 1603), Sec. 1, eff. September 1, 2023.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025
2023 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.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
Text of article effective until January 01, 2025