reglab/statecodes huggingface dataset:
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 45.0426. Filing Bond Perfects Appeal

(a)  When the appeal bond has been filed with the justice or judge who tried the case not later than the 10th day after the date the judgment was entered, the appeal in such case shall be held to be perfected.
(b) If an appeal bond is not timely filed, the appellate court does not have jurisdiction over the case and shall remand the case to the justice or municipal court for execution of the sentence.
(c) An appeal may not be dismissed because the defendant failed to give notice of appeal in open court.  An appeal by the defendant or the state may not be dismissed on account of any defect in the transcript.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1995, 74th Leg., ch. 478, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Vernon's Ann.C.C.P. art. 45.14 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 42, eff. Sept. 1, 1999.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff.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 45.043. Effect of Appeal

When a defendant files the appeal bond required by law with the justice or municipal court, all further proceedings in the case in the justice or municipal court shall cease.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Renumbered from Vernon's Ann.C.C.P. art. 45.48 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 43, eff. Sept. 1, 1999.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff.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 45.044. Forfeiture of Cashbond in Satisfaction of Fine

(a)  A justice or judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant in satisfaction of the defendant's fine and cost if the defendant:
(1) has entered a written and signed plea of nolo contendere and a waiver of jury trial;  and
(2) fails to appear according to the terms of the defendant's release.
(b) A justice or judge who enters a judgment of conviction and forfeiture under Subsection (a) of this article shall immediately notify the defendant in writing, by regular mail addressed to the defendant at the defendant's last known address, that:
(1) a judgment of conviction and forfeiture of bond was entered against the defendant on a date certain and the forfeiture satisfies the defendant's fine and costs in the case;  and
(2) the defendant has a right to a new trial in the case if the defendant applies for the new trial not later than the 10th day after the date of judgment and forfeiture.
(c) Notwithstanding Article 45.037 of this code, the defendant may file a motion for a new trial within the period provided by Subsection (b) of this article, and the court shall grant the motion if the motion is made within that period.  On the new trial, the court shall permit the defendant to withdraw the previously entered plea of nolo contendere and waiver of jury trial.
Added by Acts 1993, 73rd Leg., ch. 109, Sec. 1, eff. May 9, 1993.  Renumbered from Vernon's Ann.C.C.P. art. 45.231 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 44, eff. Sept. 1, 1999.
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 45.0445. Reconsideration of Satisfaction of Fine 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 the 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 45.041(a-1).
(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 45.041(a-1).
(e)  The justice or judge retains jurisdiction for the purpose of making a determination under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.09, eff. January 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 16.01, 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.
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 45.047. Civil Collection of Fines After Judgment

If after a judgment and sentence is entered the defendant defaults in payment of a fine, the justice or judge may order the fine and costs collected by execution against the defendant's property in the same manner as a judgment in a civil suit.
Added by Acts 1999, 76th Leg., ch. 1545, Sec. 47, eff. Sept. 1, 1999.
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 45.048. Discharged From Jail

(a)  A defendant placed in jail on account of failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:
(1)  is too poor to pay the fine and costs; or
(2)  has remained in jail a sufficient length of time to satisfy the fine and costs, at the rate of not less than $150 for each period served, as specified by the convicting court in the judgment in the case.
(b)  A convicting court may specify a period that is not less than eight hours or more than 24 hours as the period for which a defendant who fails to pay the fine and costs in the case must remain in jail to satisfy $150 of the fine and costs.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1981, 67th Leg., p. 2648, ch. 708, Sec. 3, eff. Aug. 31, 1981.  Renumbered from Vernon's Ann.C.C.P. art. 45.53 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 48, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 872, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 209, Sec. 65(a), eff. Jan. 1, 2004.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 15, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 14, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 634 (H.B. 569), Sec. 4, 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.
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 45.0491. Waiver of Payment of Fines and Costs for Certain Defendants and for Children

(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 is indigent or does not have sufficient resources or income to pay all or part of the fine or was, at the time the offense was committed, a child as defined by Article 45.058(h); and
(2)  discharging the fine under Article 45.049 or as otherwise authorized by this chapter would impose an undue hardship on the defendant.
(b)  A defendant is presumed to be indigent or to not have sufficient resources or income to pay all or part of the fine or costs for purposes of Subsection (a) or (d) 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 as a homeless child or youth or an unaccompanied youth, as those terms are defined by 42 U.S.C. Section 11434a, or was so designated at the time of the offense.
(c)  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 factors the court determines relevant.
(d)  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 45.058(h).
Added by Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 18, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1320 (S.B. 395), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 6, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 977 (H.B. 351), Sec. 17, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1127 (S.B. 1913), Sec. 16, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 3.12, 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 as added by Acts 2011, 82nd Leg., R.S., Ch. 227 (H.B. 350), Sec. 1
For text of article as added by Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 1, see other Art. 45.0492.
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 45.053. Dismissal of Misdemeanor Charge on Commitment of Chemically Dependent Person

(a)  On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by a fine only, a justice or municipal court may defer further proceedings for 90 days without entering an adjudication of guilt if:
(1) the court finds that the offense resulted from or was related to the defendant's chemical dependency;  and
(2) an application for court-ordered treatment of the defendant is filed in accordance with Chapter 462, Health and Safety Code.
(b) At the end of the deferral period, the justice or municipal court shall dismiss the charge if satisfactory evidence is presented that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462, Health and Safety Code, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction.
(c) If at the conclusion of the deferral period satisfactory evidence that the defendant was committed for and completed court-ordered treatment in accordance with Chapter 462, Health and Safety Code, is not presented, the justice or municipal court may impose the fine assessed or impose a lesser fine.  The imposition of a fine constitutes a final conviction of the defendant.
(d) Records relating to a complaint dismissed under this article may be expunged under Article 55.01 of this code.  If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose.
Added by Acts 1991, 72nd Leg., ch. 198, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Vernon's Ann.C.C.P. art. 45.56 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 53, eff. Sept. 1, 1999.
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 45.0531. Dismissal of Parent Contributing to Nonattendance Charge

(a)  Subject to Subsection (b) and notwithstanding any other law, a county, justice, or municipal court, at the court's discretion, may dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093, Education Code, if the court finds that a dismissal would be in the interest of justice because:
(1)  there is a low likelihood of recidivism by the defendant; or
(2)  sufficient justification exists for the failure to attend school.
(b)  Notwithstanding any other law, a county, justice, or municipal court shall dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093, Education Code, if the parent completes the terms of an agreement entered into by the parent and the school district at which the parent's child attends under Section 25.094, Education Code, within the period required by Subsection (b) of that section.  If agreed to by the school district that is a party to the agreement, the court may extend the period under Section 25.094(b), Education Code, during which a parent may fulfill the terms of the agreement.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 749 (H.B. 3917), 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 45.0541. Expunction of Failure to Attend School Records

(a)  In this article, "truancy offense" means an offense committed under the former Section 25.094, Education Code.
(b)  An individual who has been convicted of a truancy offense or has had a complaint for a truancy offense dismissed is entitled to have the conviction or complaint and records relating to the conviction or complaint expunged.
(c)  Regardless of whether the individual has filed a petition for expunction, the court in which the individual was convicted or a complaint for a truancy offense was filed shall order the conviction, complaints, verdicts, sentences, and other documents relating to the offense, including any documents in the possession of a school district or law enforcement agency, to be expunged from the individual's record.  After entry of the order, the individual is released from all disabilities resulting from the conviction or complaint, and the conviction or complaint may not be shown or made known for any purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 3, 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.
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 45.060. Unadjudicated Children, Now Adults; Notice on Reaching Age of Majority; Offense

(a)  Except as provided by Article 45.058, an individual may not be taken into secured custody for offenses alleged to have occurred before the individual's 17th birthday.
Text of subsection effective until January 01, 2025
(b) On or after an individual's 17th birthday, if the court has used all available procedures under this chapter to secure the individual's appearance to answer allegations made before the individual's 17th birthday, the court may issue a notice of continuing obligation to appear by personal service or by mail to the last known address and residence of the individual.  The notice must order the individual to appear at a designated time, place, and date to answer the allegations detailed in the notice.
Text of subsection effective until January 01, 2025
(c) Failure to appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of Section 38.10, Penal Code, and Section 543.003, Transportation Code.
Text of subsection effective until January 01, 2025
(d) It is an affirmative defense to prosecution under Subsection (c) that the individual was not informed of the individual's obligation under Articles 45.057(h) and (i) or did not receive notice as required by Subsection (b).
Text of subsection effective until January 01, 2025
(e) A notice of continuing obligation to appear issued under this article must contain the following statement provided in boldfaced type or capital letters:
"WARNING:  COURT RECORDS REVEAL THAT BEFORE YOUR 17TH BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER.  AS AN ADULT, YOU ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS CASE.  FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST."
Added by Acts 2003, 78th Leg., ch. 283, Sec. 35, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 425 (H.B. 1819), Sec. 2, 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 45.061. Proceedings Concerning Electronic Transmission of Certain Visual Material Depicting Minor

(a)  In this article, "parent" means a natural or adoptive parent, managing or possessory conservator, or legal guardian.  The term does not include a parent whose parental rights have been terminated.
(b)  If a justice or municipal court finds that a defendant has committed an offense under Section 43.261, Penal Code, the court may enter an order requiring the defendant to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.
(c)  A court that enters an order under Subsection (b) shall require the defendant or the defendant's parent to pay the cost of attending an educational program under Subsection (b) if the court determines that the defendant or the defendant's parent is financially able to make payment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 15, 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.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter . C. Procedures in Justice Court › Article 45.101. Justice Court Prosecutions

(a)  All prosecutions in a justice court shall be conducted by the county or district attorney or a deputy county or district attorney.
(b) Except as otherwise provided by law, appeals from justice court may be prosecuted by the district attorney or a deputy district attorney with the consent of the county attorney.
Added by Acts 1999, 76th Leg., ch. 1545, Sec. 55, eff. Sept. 1, 1999.
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 . C. Procedures in Justice Court › Article 45.102. Offenses Committed in Another County

Whenever complaint is made before any justice of the peace that a felony has been committed in any other than a county in which the complaint is made, the justice shall issue a warrant for the arrest of the accused, directed as in other cases, commanding that the accused be arrested and taken before any magistrate of the county where such felony is alleged to have been committed, forthwith, for examination as in other cases.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Renumbered from Vernon's Ann.C.C.P. art. 45.21 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 56, eff. Sept. 1, 1999.
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 . C. Procedures in Justice Court › Article 45.103. Warrant Without Complaint

If a criminal offense that a justice of the peace has jurisdiction to try is committed within the view of the justice, the justice may issue a warrant for the arrest of the offender.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Renumbered from Vernon's Ann.C.C.P. art. 45.15 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 57, eff. Sept. 1, 1999.
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 . D. Procedures in Municipal Court › Article 45.201. Municipal Prosecutions

(a)  All prosecutions in a municipal court shall be conducted by the city attorney of the municipality or by a deputy city attorney.
(b) The county attorney of the county in which the municipality is situated may, if the county attorney so desires, also represent the state in such prosecutions.  In such cases, the county attorney is not entitled to receive any fees or other compensation for those services.
(c) With the consent of the county attorney, appeals from municipal court to a county court, county court at law, or any appellate court may be prosecuted by the city attorney or a deputy city attorney.
(d) It is the primary duty of a municipal prosecutor not to convict, but to see that justice is done.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1987, 70th Leg., ch. 923, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.C.C.P. art. 45.03 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 59, eff. Sept. 1, 1999.
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 . D. Procedures in Municipal Court › Article 45.202. Service of Process

(a)  All process issuing out of a municipal court may be served and shall be served when directed by the court, by a peace officer or marshal of the municipality within which it is situated, under the same rules as are provided by law for the service by sheriffs and constables of process issuing out of the justice court, so far as applicable.
(b) The peace officer or marshal may serve all process issuing out of a municipal court anywhere in the county in which the municipality is situated.  If the municipality is situated in more than one county, the peace officer or marshal may serve the process throughout those counties.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1171, ch. 523, Sec. 1, eff. Aug. 28, 1967.  Renumbered from Vernon's Ann.C.C.P. art. 45.04 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 60, eff. Sept. 1, 1999.
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 . D. Procedures in Municipal Court › Article 45.203. Collection of Fines and Costs

(a)  The governing body of each municipality shall by ordinance prescribe rules, not inconsistent with any law of this state, as may be proper to enforce the collection of fines imposed by a municipal court.  In addition to any other method of enforcement, the municipality may enforce the collection of fines by:
(1) execution against the property of the defendant; or
(2) imprisonment of the defendant.
(b) The governing body of a municipality may adopt such rules and regulations, not inconsistent with any law of this state, concerning the practice and procedure in the municipal court as the governing body may consider proper.
(c)  The governing body of each municipality may prescribe by ordinance the collection, after due notice, of a fine not to exceed $25 for an offense under Section 38.10(e), Penal Code, or Section 543.009, Transportation Code.  Money collected from the fine shall be paid into the municipal treasury for the use and benefit of the municipality.
(d) Costs may not be imposed or collected in criminal cases in municipal court by municipal ordinance.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1983, 68th Leg., p. 2140, ch. 389, Sec. 1, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 124, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 14.26, eff. Sept. 1, 1995.  Renumbered from Vernon's Ann.C.C.P. art. 45.06 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 61, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.23, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.24, 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.
Without reference to the addition of this subchapter, 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 E. Youth Diversion › Article 45.301. Definitions

In this subchapter:
(1)  "Charge" means a formal or informal allegation of an offense, including a citation, written promise to appear, complaint, or pending complaint.
(2)  "Child" has the meaning assigned by Article 45.058(h).
(3)  "Court" means a justice court, municipal court, or other court subject to this chapter.
(4)  "Diversion" means an intervention strategy that redirects a child from formal criminal prosecution and holds the child accountable for the child's actions. The term includes diversion under Article 45.309 or 45.310.
(5)  "Offense" means a misdemeanor punishable by fine only, other than a traffic offense.
(6)  "Parent" has the meaning assigned by Article 45.057(a).
(7)  "Service provider" means a governmental agency, political subdivision, open-enrollment charter school, nonprofit organization, or other entity that provides services to children or families.
(8)  "Youth diversion plan" means a plan adopted under Article 45.306.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.302. Applicability

This subchapter applies only to a child who is alleged to have engaged in conduct that constitutes a misdemeanor punishable by fine only, other than a traffic offense.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.303. Transfer to Juvenile Court Not Affected

Nothing in this subchapter precludes:
(1)  a case involving a child from being referred, adjudicated, or disposed of as conduct indicating a need for supervision under Title 3, Family Code; or
(2)  a waiver of criminal jurisdiction and transfer of a child's case as provided by Section 51.08, Family Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.304. Diversion Eligibility

(a)  Except as otherwise provided by this subchapter, a child shall be diverted from formal criminal prosecution as provided by this subchapter.
(b)  A child is eligible to enter into a diversion agreement under this subchapter only once every 365 days.
(c)  A child is not eligible for diversion if the child has previously had an unsuccessful diversion under this subchapter.
(d)  A child is not eligible for diversion if a diversion is objected to by the attorney representing the state.
(e)  A court may not divert a child from criminal prosecution as provided by this subchapter without the written consent of the child and the child's parent.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.305. Diversion Strategies

(a)  Diversion strategies include:
(1)  requiring a child to participate in a program, including:
(A)  a court-approved teen court program operated by a service provider;
(B)  a school-related program;
(C)  an educational program, including an alcohol awareness program, a tobacco awareness program, or a drug education program;
(D)  a rehabilitation program; or
(E)  a self-improvement program, including a program relating to self-esteem, leadership, self-responsibility, empathy, parenting, parental responsibility, manners, violence avoidance, anger management, life skills, wellness, or dispute resolution;
(2)  referring a child to a service provider for services, including:
(A)  at-risk youth services under Subchapter D, Chapter 264, Family Code;
(B)  juvenile case manager services under Article 45.056;
(C)  work and job skills training, including job interviewing and work preparation;
(D)  academic monitoring or tutoring, including preparation for a high school equivalency examination administered under Section 7.111, Education Code;
(E)  community-based services;
(F)  mental health screening and clinical assessment;
(G)  counseling, including private or in-school counseling; or
(H)  mentoring services;
(3)  requiring a child to:
(A)  participate in mediation or other dispute resolution processes;
(B)  submit to alcohol or drug testing; or
(C)  substantially comply with a course of treatment prescribed by a physician or other licensed medical or mental health professional; and
(4)  requiring a child, by court order, to:
(A)  pay restitution not to exceed $100 for an offense against property under Title 7, Penal Code;
(B)  perform not more than 20 hours of community service; or
(C)  perform any other reasonable action determined by the court.
(b)  A diversion strategy may be imposed under:
(1)  an intermediate diversion under Article 45.309;
(2)  a diversion by a justice or judge under Article 45.310; or
(3)  a system of graduated sanctions for certain school offenses under Section 37.144, Education Code.
(c)  A diversion strategy under this subchapter may not require a child who is a home-schooled student, as defined by Section 29.916, Education Code, to:
(1)  attend an elementary or secondary school; or
(2)  use an educational curriculum other than the curriculum selected by the parent.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.306. Youth Diversion Plan

(a)  A youth diversion plan is a written plan that describes the types of strategies that will be used to implement youth diversion.  A youth diversion plan does not limit the types of diversion strategies that may be imposed under a diversion agreement under Article 45.308.
(b)  Each justice and municipal court shall adopt a youth diversion plan.
(c)  A youth diversion plan may be devised for a county or municipality or an individual court within a county or municipality.
(d)  In accordance with Chapter 791, Government Code, a local government may enter into an agreement with one or more local governments to create a regional youth diversion plan and collaborate in the implementation of this subchapter.
(e)  A youth diversion plan may include an agreement with a service provider to provide services for a diversion strategy.
(f)  A youth diversion plan may contain guidelines for disposition or diversion of a child's case by law enforcement. The guidelines are not mandatory.
(g)  A current youth diversion plan must be maintained on file for public inspection in each justice and municipal court, including courts that collaborate with one or more counties or municipalities.
(h)  A court or local government may adopt rules necessary to coordinate services under a youth diversion plan or to implement this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.307. Youth Diversion Coordinator

(a)  A court may designate a youth diversion coordinator to assist the court in:
(1)  determining whether a child is eligible for diversion;
(2)  employing a diversion strategy authorized by this subchapter;
(3)  presenting and maintaining diversion agreements;
(4)  monitoring diversions;
(5)  maintaining records regarding whether one or more diversions were successful or unsuccessful; and
(6)  coordinating referrals to court.
(b)  The responsibilities of the youth diversion coordinator may be performed by:
(1)  a court administrator or court clerk, or a person who regularly performs the duties of court administrator or court clerk;
(2)  an individual or entity that provides juvenile case manager services under Article 45.056;
(3)  a court-related services office;
(4)  a community supervision and corrections department, including a juvenile probation department;
(5)  a county or municipal employee, including a peace officer;
(6)  a community volunteer;
(7)  an institution of higher education, including a public, private, or independent institution of higher education; or
(8)  a qualified nonprofit organization as determined by the court.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.308. Diversion Agreement

(a)  A diversion agreement must identify the parties to the agreement and the responsibilities of the child and the child's parent to ensure their meaningful participation in a diversion under Article 45.309 or 45.310.
(b)  Stated objectives in a diversion agreement must be measurable, realistic, and reasonable and consider the circumstances of the child, the best interests of the child, and the long-term safety of the community.
(c)  A diversion agreement must include:
(1)  the terms of the agreement, including one or more diversions required to be completed by the child, written in a clear and concise manner and identifying any offense or charge being diverted;
(2)  possible outcomes or consequences of a successful diversion and an unsuccessful diversion;
(3)  an explanation that participation in a diversion is not an admission of guilt and a guilty plea is not required to participate in a diversion;
(4)  an explanation of the process that will be used for reviewing and monitoring compliance with the terms of the agreement;
(5)  the period of the diversion;
(6)  a verification that:
(A)  the child and the child's parent were notified of the child's rights, including the right to refuse diversion; and
(B)  the child knowingly and voluntarily consents to participate in the diversion; and
(7)  written acknowledgment and acceptance of the agreement by the child and the child's parent.
(d)  The terms of an agreement may vary depending on the circumstances of the child, including the child's age and ability, the charge being diverted, or the diversion strategy used.
(e)  A charge may not be filed against a child or, if filed, shall be dismissed by the court if the child:
(1)  does not contest the charge;
(2)  is eligible for diversion under Article 45.304; and
(3)  accepts the terms of the agreement.
(f)  Entering into a diversion agreement under this article extends the court's jurisdiction for the term of the agreement.
(g)  On entering into a diversion agreement, a copy of the agreement shall be provided to the child and the child's parent, the clerk of the court, a youth diversion coordinator, and any person specified by the youth diversion plan.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.309. Intermediate Diversion

(a)  If provided by a youth diversion plan, a youth diversion coordinator or juvenile case manager shall advise the child and the child's parent before a case is filed that the case may be diverted under this article for a reasonable period not to exceed 180 days if:
(1)  the child is eligible for diversion under Article 45.304;
(2)  diversion is in the best interests of the child and promotes the long-term safety of the community;
(3)  the child and the child's parent consent to diversion with the knowledge that diversion is optional; and
(4)  the child and the child's parent are informed that they may terminate the diversion at any time and, if terminated, the case will be referred to court.
(b)  The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies under Article 45.305.
(c)  The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(d)  A child who does not comply with the terms of a diversion agreement under this article shall be referred to court under Article 45.311.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.310. Diversion by Justice or Judge

(a)  If a charge involving a child who is eligible for diversion is filed with a court, a justice or judge shall divert the case under this article as follows:
(1)  if the child does not contest the charge, a justice or judge shall divert the case under this article without the child having to enter a plea; or
(2)  if the child contests the charge, a justice or judge shall divert the case under this article at the conclusion of trial on a finding of guilt without entering a judgment of conviction as provided by Article 45.041.
(b)  A diversion under this article may not exceed 180 days.
(c)  The terms of a diversion agreement under this article must be in writing and may include any of the diversion strategies described by Article 45.305.
(d)  The case of a child who successfully complies with the terms of a diversion agreement under this article shall be closed and reported as successful to the court.
(e)  A child who does not comply with the terms of a diversion agreement under this article shall be referred to court for a hearing under Article 45.311.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.311. Referral to Court

(a)  A court shall conduct a non-adversarial hearing for a child who does not successfully complete the terms of a diversion under Article 45.309 or 45.310 and is referred to the court.
(b)  The hearing is an opportunity for a justice or judge to confer with the child and the child's parent to determine whether a diversion should be declared unsuccessful by the court. The court may also hear from any person who may be of assistance to the child or the court in determining what is in the best interests of the child and the long-term safety of the community.
(c)  After the hearing, a court may enter an order:
(1)  amending or setting aside terms in the diversion agreement;
(2)  extending the diversion for a period not to exceed one year from the initial start date of the diversion;
(3)  issuing a continuance for the hearing for a period not to exceed 60 days to allow an opportunity for compliance with the terms of the diversion;
(4)  subject to Subsection (d), requiring the child's parent to perform any act or refrain from performing any act as the court determines will increase the likelihood the child will successfully complete the diversion and comply with any other order of the court that is reasonable and necessary for the welfare of the child;
(5)  finding the diversion successful on the basis of substantial compliance; or
(6)  finding the diversion unsuccessful and:
(A)  transferring the child to juvenile court for alleged conduct indicating a need for supervision under Section 51.08, Family Code; or
(B)  referring the charge to the prosecutor for consideration of re-filing.
(d)  An order under Subsection (c)(4) may not have the substantive effect of interfering with a parent's fundamental right to determine how to raise the parent's child, unless the court finds that the interference is necessary to prevent significant impairment of the child's physical, mental, or emotional health.
(e)  An order under Subsection (c)(4) is enforceable against the parent by contempt.
(f)  The statute of limitations in Article 12.02(b) is tolled during the diversion period for purposes of Subsection (c)(6)(B).
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.312. Local Youth Diversion Administrative Fee

(a)  The clerk of a justice or municipal court may collect from a child's parent a $50 administrative fee to defray the costs of the diversion of the child's case under this subchapter.
(b)  The fee under this article may not be collected unless specified as a term of the diversion agreement accepted by the child's parent. If the fee is not paid after giving the child's parent an opportunity to be heard, the court shall order the parent, if financially able, to pay the fee to the clerk of the court.
(c)  A court shall waive the fee if the child's parent is indigent or does not have sufficient resources or income to pay the fee.
(d)  A court may adopt rules for the waiver of a fee for financial hardship under this article.
(e)  An order under Subsection (b) is enforceable against the parent by contempt.
(f)  The clerk of the court shall keep a record of the fees collected under this article and shall forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate.
(g)  The fee collected under this article shall be deposited in a special account that can be used only to offset the cost of the operations of youth diversion programs under this subchapter.
(h)  Except for the fee authorized under Subsection (a), a fee may not be assessed for a child diverted under this subchapter.
(i)  The diversion of a child may not be contingent on payment of a fee under this article.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 45 - Justice and Municipal Courts › Subchapter E. Youth Diversion › Article 45.313. Diversion Records

(a)  A justice or municipal court shall maintain statistics for each diversion strategy authorized by this subchapter.
(b)  Other than statistical records, all records generated under this subchapter are confidential under Article 45.0217.
(c)  All records of a diversion pertaining to a child under this subchapter shall be expunged without the requirement of a motion or request, on the child's 18th birthday.
Added by Acts 2023, 88th Leg., R.S., Ch. 525 (H.B. 3186), Sec. 2, eff. January 1, 2024.
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.001. Chapter Purpose and Objectives

(a)  The purpose of this chapter is to establish procedures for processing cases under the criminal jurisdiction of the justice and municipal courts.
(b)  This chapter is intended and shall be construed to achieve the following objectives:
(1)  to provide fair notice and a meaningful opportunity to be heard to a person appearing in a criminal proceeding in a justice or municipal court;
(2)  to ensure appropriate dignity in court procedure without undue formalism;
(3)  to promote adherence to rules with sufficient flexibility to serve the ends of justice; and
(4)  to process cases without unnecessary expense or delay.
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