reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter A. General Provisions › Article 45A.002. Definitions

In this chapter:
(1)  "Complaint" means a sworn allegation charging an accused person with the commission of an offense.
(2)  "Cost" includes any fee, including a reimbursement fee, imposed on a defendant by a justice or judge, unless the context clearly indicates otherwise.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter A. General Provisions › Article 45A.003. Applicability

(a)  A criminal proceeding in a justice or municipal court shall be conducted in accordance with this chapter.
(b)  If this chapter does not provide a rule of procedure governing an aspect of a case, the justice or judge shall apply the other general provisions of this code to the extent necessary to achieve the objectives of this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter A. General Provisions › Article 45A.004. Rules of Evidence

The rules of evidence that apply to the trial of a criminal action in a district court apply to a criminal proceeding in a justice or municipal court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter A. General Provisions › Article 45A.005. Prosecuting Attorney

(a)  A county or district attorney or a deputy county or district attorney shall conduct each prosecution in a justice court.
(b)  Except as otherwise provided by law, a district attorney or a deputy district attorney with the consent of the county attorney may prosecute an appeal from a justice court.
(c)  A municipal attorney or a deputy municipal attorney shall conduct each prosecution in a municipal court.
(d)  The county attorney of the county in which a municipality is located may also represent the state in a prosecution in a municipal court in that municipality.  The county attorney is not entitled to receive any fees or other compensation for representing the state in a prosecution described by this subsection.
(e)  With the consent of the county attorney, a municipal attorney or a deputy municipal attorney may prosecute an appeal from a municipal court to a county court, county court at law, or appellate court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter A. General Provisions › Article 45A.006. General Duties of Municipal Attorneys

The primary duty of a municipal attorney is not to convict, but to see that justice is done.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter B. Court Records › Article 45A.051. Electronic Records

(a)  Notwithstanding any other law, a document issued or maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer may be created by electronic means, including:
(1)  optical imaging;
(2)  optical disk;
(3)  digital imaging; or
(4)  another electronic reproduction technique that does not permit changes, additions, or deletions to the originally created document.
(b)  A justice or municipal court may use electronic means to:
(1)  produce a document required by law to be written;
(2)  record an instrument, paper, or notice that is permitted or required by law to be recorded or filed; or
(3)  maintain a docket.
(c)  Information in a docket may be processed and stored using electronic data processing equipment, at the discretion of the justice or judge.
(d)  A justice or municipal court shall maintain original documents as provided by law.
(e)  An electronically recorded judgment has the same force and effect as a written signed judgment.
(f)  A record created by electronic means is an original record or a certification of the original record.
(g)  A printed copy of an optical image of the original record printed from an optical disk system is an accurate copy of the original record.
(h)  A statutory requirement that a document contain the signature of any person, including a judge, clerk of the court, or defendant, is satisfied if the document contains that signature as captured on an electronic device.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter B. Court Records › Article 45A.052. Court Seal

(a)  A justice or municipal court shall have a court seal.
(b)  The impression of the court seal must be:
(1)  attached to all papers issued out of the justice or municipal court except subpoenas; and
(2)  used to authenticate the official acts of the clerk and of the recorder.
(c)  A court seal may be created by electronic means, including:
(1)  optical imaging;
(2)  optical disk; or
(3)  another electronic reproduction technique that does not permit changes, additions, or deletions to an original document created by the same type of system.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter B. Court Records › Article 45A.053. Docket

The justice or judge of a justice or municipal court or, if directed by the justice or judge, the clerk of the court shall keep a docket containing the following information:
(1)  the style and file number of each criminal action;
(2)  the nature of the offense charged;
(3)  the plea offered by the defendant and the date the plea was entered;
(4)  the date the warrant, if any, was issued and the return made on the warrant;
(5)  the date the examination or trial was held;
(6)  if a trial was held, whether it was by a jury or by the justice or judge;
(7)  the verdict of the jury, if any, and the date of the verdict;
(8)  the judgment and sentence of the court and the date each was entered;
(9)  the motion for new trial, if any, and the decision made on the motion; and
(10)  whether an appeal was taken and the date of that action.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter B. Court Records › Article 45A.054. Filing by Mail

(a)  Notwithstanding any other law, for purposes of this chapter, a document is considered timely filed with the clerk of a justice or municipal court if:
(1)  the document is deposited with the United States Postal Service in a first class postage prepaid envelope properly addressed to the clerk on or before the date the document is required to be filed with the clerk; and
(2)  the clerk receives the document not later than the 10th day after the date the document is required to be filed with the clerk.
(b)  A legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is deposited with the United States Postal Service.
(c)  In this article, "day" does not include Saturday, Sunday, or a legal holiday.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter B. Court Records › Article 45A.055. Confidential Records Related to Fine-Only Misdemeanors

(a)  Except as provided by Subsections (b) and (c), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense punishable by fine only, all records and files and information stored by electronic means or otherwise, from which a record or file could be generated, that are held or stored by or for a justice or municipal court and relate to the person who was convicted of, or who received a dismissal after deferral of disposition for, the offense are confidential and may not be disclosed to the public.
(b)  Records, files, and information subject to Subsection (a) may be open to inspection only:
(1)  by a judge or court staff;
(2)  by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code;
(3)  by the Department of Public Safety;
(4)  by the attorney representing the state;
(5)  by the defendant or the defendant's counsel;
(6)  if the offense is a traffic offense, by an insurance company or surety company authorized to write motor vehicle liability insurance in this state; or
(7)  for the purpose of complying with a requirement under federal law, including a disclosure that is required as a condition of receiving federal highway funds.
(c)  This article does not apply to records, files, and information described by Subsection (a) that relate to an offense that is sexual in nature, as determined by the holder of the records, files, or information.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.101. Complaint

(a)  A complaint is sufficient, without regard to form, if the complaint substantially satisfies the following requirements:
(1)  is in writing;
(2)  begins with "In the name and by the authority of the State of Texas";
(3)  either:
(A)  states the name of the accused person; or
(B)  if the name of the accused person is unknown, includes a reasonably definite description of the accused person;
(4)  either:
(A)  shows that the accused person has committed an offense against the law of this state; or
(B)  states that the affiant has good reason to believe and does believe that the accused person has committed an offense against the law of this state;
(5)  states the date the offense was committed as definitely as the affiant is able to provide;
(6)  bears the signature or mark of the affiant; and
(7)  concludes with the words "Against the peace and dignity of the State."
(b)  If the offense charged is an offense under a municipal ordinance only, the complaint may also conclude with the words "Contrary to the said ordinance."
(c)  A complaint must allege that the offense was committed:
(1)  in the county in which the complaint is made, if filed in justice court; or
(2)  in the territorial limits of the municipality in which the complaint is made, if filed in municipal court.
(d)  A complaint may be sworn to before any officer authorized to administer oaths.
(e)  A complaint in a municipal court may be sworn to before:
(1)  the municipal judge;
(2)  the clerk of the court or a deputy clerk;
(3)  the municipal secretary; or
(4)  the municipal attorney or a deputy municipal attorney.
(f)  In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under Section 32.41, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney under Subsection (e) of that section.
(g)  A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint.  The defendant may waive the right to notice granted by this subsection.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.102. Objection to Charging Instrument

If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date the trial on the merits begins, the defendant waives and forfeits the right to object to the defect, error, or irregularity.  This article does not prohibit a trial court from requiring that an objection to a charging instrument be made at an earlier time.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.103. Service of Process for Municipal Court

(a)  All process issued by a municipal court:
(1)  may be served by a peace officer or marshal of the municipality in which the court is located; and
(2)  shall be served by a peace officer or marshal described by Subdivision (1) if directed by the court.
(b)  Process must be served under Subsection (a) in accordance with the law governing a sheriff's or constable's service of process issued by a justice court, as applicable.
(c)  A peace officer or marshal of a municipality may serve process issued by a municipal court in that municipality anywhere in the county or counties in which the municipality is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.105. Arrest Warrant Without Complaint

If a criminal offense that a justice of the peace has jurisdiction to try is committed within the view of the justice, the justice may issue a warrant for the arrest of the offender.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.106. Defendant Placed in Jail

If a peace officer is authorized by this title to retain a defendant in custody, the officer may place the defendant in jail in accordance with this code or other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.107. Bail

(a)  A justice or judge may require a defendant to give a personal bond to secure the defendant's appearance in accordance with this code.
(b)  A justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:
(1)  the defendant fails to appear in accordance with this code with respect to the applicable offense; and
(2)  the justice or judge determines that:
(A)  the defendant has sufficient resources or income to give a bail bond; and
(B)  a bail bond is necessary to secure the defendant's appearance in accordance with this code.
(c)  If a defendant required to give a bail bond in accordance with Subsection (b) does not give the bail bond within 48 hours after the issuance of the applicable order, the justice or judge:
(1)  shall reconsider the requirement for the defendant to give the bail bond and presume that the defendant does not have sufficient resources or income to give the bond; and
(2)  may require the defendant to give a personal bond.
(d)  A defendant may be held in custody if the defendant:
(1)  refuses to give a personal bond; or
(2)  except as provided by Subsection (c), refuses or otherwise fails to give a bail bond.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter C. Pretrial Proceedings › Article 45A.108. Felony Offense Committed in Another County

If a complaint is made before a justice of the peace that a felony has been committed in a county other than the county in which the complaint is made, the justice shall issue a warrant for the arrest of the defendant, directed as provided in other cases, commanding that the defendant be arrested and taken before a magistrate of the county in which the felony is alleged to have been committed, immediately, for examination as provided in other cases.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.151. Defendant's Plea

(a)  A pleading of a defendant in a justice or municipal court may be oral or in writing as directed by the court.
(b)  After a jury is impaneled, or after the defendant has waived trial by jury, the defendant may enter:
(1)  a plea of guilty, not guilty, or nolo contendere; or
(2)  a special plea of double jeopardy as described by Article 27.05.
(c)  If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (b).
(d)  If a defendant is charged with an offense involving family violence, as defined by Section 71.004, Family Code, the justice or judge  must take the defendant's plea in open court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.152. Defendant's Refusal to Plead

If a defendant refuses to plead, the justice or judge shall enter a plea of not guilty.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.153. Plea of Guilty or Nolo Contendere Generally

(a)  On the entry of a plea of guilty or nolo contendere, the justice or municipal court may hear proof regarding the offense and assess the punishment.
(b)  A justice or judge may not accept a plea of guilty or nolo contendere from a defendant in open court unless it appears to the justice or judge that the defendant is mentally competent and the plea is free and voluntary.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.154. Plea of Guilty or Nolo Contendere by Defendant in Jail

(a)  If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant's right to trial by jury, as appropriate:
(1)  accept the defendant's plea;
(2)  assess a fine, determine costs, and accept payment of the fine and costs;
(3)  give the defendant credit for time served;
(4)  determine whether the defendant is indigent; or
(5)  discharge the defendant.
(b)  Notwithstanding Article 45A.201(a), following a plea of guilty or nolo contendere entered by a defendant detained in jail, a motion for new trial must be made not later than the 10th day after the imposition of judgment and sentence.  The justice or judge shall grant a motion for new trial made under this subsection.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.155. Jury Waiver

(a)  A defendant may waive a trial by jury in writing.
(b)  If a defendant waives a trial by jury, the justice or judge shall hear and determine the case without a jury.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.156. Jury Summoned

(a)  If a defendant does not waive a trial by jury, the justice or judge shall issue a writ commanding the proper officer to summon a venire from which six qualified persons shall be selected to serve as jurors in the case.
(b)  Jurors summoned as provided by Subsection (a) shall remain in attendance, as jurors in all cases that may come up for hearing, until discharged by the justice or municipal court.
(c)  A person summoned as provided by Subsection (a) who fails to attend may be fined an amount not to exceed $100 for contempt.
(d)  If a sufficient number of jurors are not in attendance as a result of challenges or any other reason, the justice or judge shall order the proper officer to summon a sufficient number of qualified persons to form the jury.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.157. Failure to Appear for Jury Trial

(a)  A justice or municipal court may order a defendant who does not waive a jury trial in a justice or municipal court and who fails to appear for the trial to pay a reimbursement fee for the costs incurred for impaneling the jury.
(b)  The justice or municipal court for good cause may release a defendant from the obligation to pay the reimbursement fee under this article.
(c)  An order issued by a justice or municipal court under this article may be enforced by contempt as provided by Section 21.002(c), Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.158. Attorney Representing State Not Present for Trial

If an attorney representing the state is not present when the case is called for trial, the justice or judge may:
(1)  postpone the trial to a specified date;
(2)  appoint an attorney pro tem as provided by this code to represent the state; or
(3)  proceed to trial.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.159. Jury Selection and Formation

(a)  In a jury trial in a justice or municipal court, the state, and each defendant in the case, is entitled to three peremptory challenges.
(b)  The justice or judge shall form the jury and administer the appropriate oath in accordance with Chapter 35.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.160. Defendant's Right to Attorney

The defendant has a right to appear by an attorney as in all other cases.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.161. Order of Argument

The attorney representing the state may open and conclude the argument in the case.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.162. Directed Verdict

If, on the trial of a case in a justice or municipal court, the state fails to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of not guilty.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.163. Jury Charge

(a)  The judge shall charge the jury.
(b)  The charge may be made orally or in writing, except that the charge shall be made in writing if required by other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.164. Jury Kept Together During Deliberation

When the case is submitted to the jury, the jury shall retire in the charge of an officer and be kept together until:
(1)  the jury agrees to a verdict;
(2)  the jury is discharged; or
(3)  the court recesses.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.165. Mistrial

(a)  A justice or municipal court shall discharge a jury if the jury fails to agree to a verdict after being kept together a reasonable period.
(b)  If a jury is discharged under Subsection (a), the justice or judge may impanel another jury as soon as practicable to try the case.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter D. Trial › Article 45A.166. Verdict

(a)  When the jury has agreed on a verdict, the jury shall bring the verdict into court.
(b)  The justice or judge shall ensure that the verdict is in the proper form and impose the proper judgment and sentence on the verdict.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter E. New Trial and Appeal › Article 45A.201. New Trial

(a)  A motion for a new trial must be made not later than the fifth day after the imposition of judgment and sentence.
(b)  Subject to Subsection (e), not later than the 10th day after the date that the judgment is entered, a justice or judge may grant the defendant a new trial for good cause shown if the justice or judge considers that justice has not been done the defendant in the trial of the case.
(c)  If a motion for a new trial is not granted before the 11th day after the date that the judgment is entered, the motion is considered denied.
(d)  If a new trial is granted, the justice or judge shall proceed to try the case again as soon as practicable.
(e)  A defendant may be granted not more than one new trial in the same case.
(f)  The state is not entitled to a new trial in any case.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter E. New Trial and Appeal › Article 45A.202. Appeal

(a)  An appeal from a justice or municipal court, including an appeal from a final judgment in a bond forfeiture proceeding, shall be heard by the county court or, if the county court has no jurisdiction over the case, the proper court in the county.
(b)  A de novo trial shall be held on appeal unless the appeal is:
(1)  taken from a municipal court of record; and
(2)  based on error reflected in the record.
(c)  An appeal may not be dismissed because of:
(1)  the defendant's failure to give notice of appeal in open court; or
(2)  the presence of a defect in the transcript.
(d)  In an appeal from the judgment and sentence of a justice or municipal court, if the defendant is in custody, the defendant shall be committed to jail unless the defendant is released on bail.
(e)  If the court that issued the judgment and sentence being appealed is in session, the court must approve the bail.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter E. New Trial and Appeal › Article 45A.203. Appeal Bond

(a)  An appeal is perfected when the appeal bond has been filed:
(1)  with the justice or judge who tried the case; and
(2)  not later than the 10th day after the date the judgment was entered.
(b)  If an appeal bond is not timely filed, the appellate court does not have jurisdiction over the case and shall remand the case to the justice or municipal court for execution of the sentence.
(c)  The amount of an appeal bond may not be less than the greater of:
(1)  twice the amount of the fine and costs adjudged against the defendant; or
(2)  $50.
(d)  If an appeal bond otherwise meets the requirements of this code, the court, without requiring a court appearance by the defendant, shall approve the appeal bond in the amount the court notified the defendant would be approved under Article 27.14(b).
(e)  An appeal bond must be made payable to the State of Texas and must:
(1)  state that the defendant was convicted in the case and has appealed; and
(2)  be conditioned on the defendant:
(A)  making a personal appearance before the court to which the appeal is taken:
(i)  immediately, if the court is in session; or
(ii)  if the court is not in session, at the next regular term of the court, provided that the bond states the time and place of that session; and
(B)  remaining at the court from day to day and term to term to answer in the case.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter E. New Trial and Appeal › Article 45A.204. Effect of Appeal

All further proceedings in the case in the justice or municipal court must cease when a defendant files the appeal bond required by law with the justice or municipal court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.251. Judgment

(a)  The judgment and sentence for a conviction in a criminal action before a justice or judge is that the defendant pay the amount of the fine and costs to the state.
(b)  Subject to Articles 45A.253(a) and (b) and Article 45A.257, the justice or judge may direct the defendant:
(1)  to pay:
(A)  the entire fine and costs when the sentence is pronounced;
(B)  the entire fine and costs at a later date; or
(C)  a specified portion of the fine and costs at designated intervals;
(2)  if applicable, to make restitution to a victim of the offense; and
(3)  to satisfy any other sanction authorized by law.
(c)  Restitution made under Subsection (b)(2) may not exceed $5,000 for an offense under Section 32.41, Penal Code.
(d)  The justice or judge shall credit the defendant for time served in jail as provided by Article 42.03.  The credit under this subsection shall be applied to the amount of the fine and costs at the rate provided by Article 45A.262.
(e)  In addition to credit under Subsection (d), in imposing a fine and costs in a case involving a misdemeanor punishable by fine only, the justice or judge shall credit the defendant for any period the defendant was confined in jail or prison while serving a sentence for another offense if that confinement occurred after the commission of the misdemeanor.  The credit under this subsection shall be applied to the amount of the fine and costs at the rate of not less than $150 for each day of confinement.
(f)  All judgments, sentences, and final orders of the justice or judge shall be imposed in open court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.252. Sufficiency of Resources to Pay Fines or Costs

(a)  Notwithstanding any other provision of this article, Article 45A.251, or Article 45A.253, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.14(a) or 27.16(a), the justice or judge shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs.
(b)  If the justice or judge determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the justice or judge shall determine whether the fine and costs should be:
(1)  subject to Article 45A.253(a), required to be paid at a later date or in a specified portion at designated intervals;
(2)  discharged by performing community service under, as applicable, Article 45A.254, 45A.459, or 45A.460;
(3)  waived in full or in part under Article 45A.257; or
(4)  satisfied through any combination of methods under Subdivision (1), (2), or (3).
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.253. Discharging Fines or Costs

(a)  In imposing a fine and costs, the justice or judge shall allow the defendant to pay the fine and costs in specified portions at designated intervals if the justice or judge determines that the defendant is unable to immediately pay the fine and costs.
(b)  A judge may allow a defendant who is a child, as defined by Article 45A.453(a), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by:
(1)  performing community service or receiving tutoring under Article 45A.460, regardless of whether the applicable offense occurred at a location specified by Subsection (a) of that article; or
(2)  paying the fine and costs in a manner described by Article 45A.251(b).
(c)  The defendant must make the election under Subsection (b) in writing.  The defendant and, if present, the defendant's parent, guardian, or managing conservator must sign the election.  The court shall maintain the written election as a record of the court and provide a copy to the defendant.
(d)  Notwithstanding Article 45A.252 or any other provision of this chapter, in imposing a fine and costs, the justice or judge may not require a defendant who is under the conservatorship of the Department of Family and Protective Services or in extended foster care as provided by Subchapter G, Chapter 263, Family Code, to pay any amount of the fine and costs.  In lieu of the payment of fine and costs, the justice or judge may require the defendant to perform community service as provided by Article 45A.254, 45A.459, or 45A.460, as appropriate.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.255. Community Service in Certain Cases Involving Deferred Disposition

(a)  This article applies only to a defendant who is a resident of this state and who is charged with:
(1)  a traffic offense; or
(2)  an offense under Section 106.05, Alcoholic Beverage Code.
(b)  If under Article 45A.303(b)(10) the judge requires a defendant described by Subsection (a) to perform community service as a condition of the deferral, the defendant is entitled to elect whether to perform the required service in the county in which:
(1)  the court is located; or
(2)  the defendant resides, but only if the applicable entity agrees to:
(A)  supervise, either on-site or remotely, the defendant in the performance of the defendant's community service; and
(B)  report to the court on the defendant's community service.
(c)  If a defendant described by Subsection (a)(2) elects to perform the required community service in the county in which the defendant resides under Subsection (b)(2), the community service must comply with Sections 106.071(d) and (e), Alcoholic Beverage Code, except that if the educational programs or services described by Section 106.071(e) are not available in the county of the defendant's residence, the court may order community service that the court considers appropriate for rehabilitative purposes.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.256. Forfeiture of Cash Bond to Satisfy Fines and Costs; Motion for New Trial

(a)  A justice or judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant to satisfy the defendant's fine and costs if the defendant:
(1)  has entered a written and signed plea of nolo contendere and a waiver of jury trial; and
(2)  fails to appear according to the conditions of the defendant's release.
(b)  A justice or judge who enters a judgment of conviction and forfeiture of bond under Subsection (a) shall immediately notify the defendant in writing, by regular mail addressed to the defendant at the defendant's last known address, that:
(1)  a judgment of conviction and forfeiture of bond was entered against the defendant on a specified date and the forfeiture satisfies the defendant's fine and costs in the case; and
(2)  the defendant has a right to a new trial in the case if the defendant applies for the new trial not later than the 10th day after the date of judgment and forfeiture.
(c)  Notwithstanding Article 45A.201, the defendant may file a motion for a new trial within the period provided by Subsection (b), and the court shall grant the motion if the motion is made within that period.  On the new trial, the court shall permit the defendant to withdraw the previously entered plea of nolo contendere and waiver of jury trial.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.257. Waiver of Payment of Fines and Costs

(a)  A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of a fine imposed on a defendant if the court determines that:
(1)  the defendant:
(A)  is indigent or does not have sufficient resources or income to pay all or part of the fine; or
(B)  was, at the time the offense was committed, a child as defined by Article 45A.453(a); and
(2)  discharging the fine under Article 45A.254 or as otherwise authorized by this chapter would impose an undue hardship on the defendant.
(b)  A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of the costs imposed on a defendant if the court determines that the defendant:
(1)  is indigent or does not have sufficient resources or income to pay all or part of the costs; or
(2)  was, at the time the offense was committed, a child as defined by Article 45A.453(a).
(c)  A defendant is presumed to be indigent or to not have sufficient resources or income to pay all or part of the fines or costs for purposes of Subsection (a) or (b) if the defendant:
(1)  is in the conservatorship of the Department of Family and Protective Services, or was in the conservatorship of that department at the time of the offense; or
(2)  is designated, or was designated at the time of the offense, as a homeless child or youth or an unaccompanied youth, as those terms are defined by 42 U.S.C. Section 11434a.
(d)  A determination of undue hardship made under Subsection (a)(2) is in the court's discretion.  In making that determination, the court may consider, as applicable, the defendant's:
(1)  significant physical or mental impairment or disability;
(2)  pregnancy and childbirth;
(3)  substantial family commitments or responsibilities, including child or dependent care;
(4)  work responsibilities and hours;
(5)  transportation limitations;
(6)  homelessness or housing insecurity; and
(7)  any other factor the court determines relevant.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.258. Reconsideration of Satisfaction of Fines or Costs

(a)  If the defendant notifies the justice or judge that the defendant has difficulty paying the fine and costs in compliance with the judgment, the justice or judge shall hold a hearing to determine whether the judgment imposes an undue hardship on the defendant.
(b)  For purposes of Subsection (a), a defendant may notify the justice or judge by:
(1)  voluntarily appearing and informing the justice or judge or the clerk of the court in the manner established by the justice or judge for that purpose;
(2)  filing a motion with the justice or judge;
(3)  mailing a letter to the justice or judge; or
(4)  any other method established by the justice or judge for that purpose.
(c)  If the justice or judge determines at a hearing under Subsection (a) that the judgment imposes an undue hardship on the defendant, the justice or judge shall consider whether to allow the defendant to satisfy the fine and costs through one or more methods listed under Article 45A.252.
(d)  The justice or judge may decline to hold a hearing under Subsection (a) if the justice or judge:
(1)  previously held a hearing under that subsection with respect to the case and is able to determine without holding a hearing that the judgment does not impose an undue hardship on the defendant; or
(2)  is able to determine without holding a hearing that:
(A)  the judgment imposes an undue hardship on the defendant; and
(B)  the fine and costs should be satisfied through one or more methods listed under Article 45A.252.
(e)  The justice or judge retains jurisdiction for the purpose of making a determination under this article.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.260. Appearance by Telephone or Videoconference

If the justice or judge determines that requiring a defendant to appear before the justice or judge in person for a hearing under Article 45A.258 or 45A.259 would impose an undue hardship on the defendant, the justice or judge may allow the defendant to appear by telephone or videoconference.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45A - Justice and Municipal Courts › Subchapter F. Judgment, Fines, and Costs › Article 45A.261. Commitment

(a)  If a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge at a hearing makes a written determination that:
(1)  the defendant is not indigent and has failed to make a good faith effort to discharge the fines or costs; or
(2)  the defendant is indigent and:
(A)  has failed to make a good faith effort to discharge the fines or costs under Article 45A.254; and
(B)  could have discharged the fines or costs under Article 45A.254 without experiencing any undue hardship.
(b)  A certified copy of the judgment, sentence, and order is sufficient to authorize confinement under Subsection (a).
(c)  For purposes of a hearing described by Subsection (a), a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court.  For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.
(d)  For purposes of a hearing described by Subsection (a), if the court that issued the capias pro fine is unavailable, the following may conduct the hearing:
(1)  a justice court or county criminal law magistrate court with jurisdiction over Class C misdemeanors that is located in the same county as the issuing court, if the issuing court was a justice court; or
(2)  a municipal court that is located in the same municipality as the issuing court, if the issuing court was a municipal court.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Text of article effective on January 01, 2025