reglab/statecodes huggingface dataset:
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.262. Discharged From Jail

(a)  A defendant placed in jail due to failure to pay the fine and costs shall be discharged on habeas corpus by showing that the defendant:
(1)  is indigent and cannot pay the fine and costs; or
(2)  has remained in jail for a cumulative period that is sufficient to satisfy the fine and costs, at the rate of not less than $150 for each separate 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.
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.263. Civil Collection of Fines and Costs 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 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.264. Collection of Fines and Costs by Municipality

(a)  The governing body of each municipality shall by ordinance prescribe rules as proper to enforce the collection of fines imposed by a municipal court.
(b)  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)  confinement of the defendant.
(c)  The governing body of a municipality may adopt rules concerning the practice and procedure in the municipal court that the governing body considers proper.
(d)  After notice, the governing body of a municipality may by ordinance prescribe the collection 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.
(e)  Costs may not be imposed or collected in criminal cases in municipal court by municipal ordinance.
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 G. Deferred Disposition › Article 45A.301. Applicability

This subchapter does not apply to:
(1)  an offense to which Section 542.404, Transportation Code, applies; or
(2)  a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who:
(A)  holds a commercial driver's license; or
(B)  held a commercial driver's license when the offense was committed.
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 G. Deferred Disposition › Article 45A.302. Deferred Disposition

(a)  On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, a judge may defer further proceedings for a period not to exceed 180 days without entering an adjudication of guilt.
(b)  In issuing the order of deferral, the judge may impose a fine on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense.
(c)  The fine described by Subsection (b) may be collected at any time before the date on which the period of deferral ends.  A judge who orders the collection of the fine must require that the amount of the fine be credited toward the payment of the amount of any fine imposed by the judge as punishment for the offense.
(d)  The judge may elect not to impose the fine for good cause shown by the defendant.
(e)  An order of deferral under this article terminates any liability under a bond given for the charge.
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 G. Deferred Disposition › Article 45A.303. Deferred Disposition Requirements

(a)  Notwithstanding any other law, as an alternative to requiring a defendant charged with one or more offenses to pay all fines and court costs as required by Article 45A.302, the judge may:
(1)  allow the defendant to enter into an agreement to pay those fines and costs in installments during the defendant's period of deferral;
(2)  require an eligible defendant to discharge all or part of those fines and costs by performing community service or attending a tutoring program under Article 45A.254 or 45A.460;
(3)  waive all or part of those fines and costs under Article 45A.257; or
(4)  take any combination of actions authorized by Subdivision (1), (2), or (3).
(b)  During the deferral period, the judge may require the defendant to:
(1)   secure payment of the fine by posting a bond in the amount of the fine assessed as punishment for the offense;
(2)  pay restitution to the victim of the offense in an amount not to exceed the amount of the fine assessed as punishment for the offense;
(3)  submit to professional counseling;
(4)  submit to diagnostic testing for alcohol or a controlled substance or drug;
(5)  submit to a psychosocial assessment;
(6)  successfully complete an alcohol or drug abuse treatment or education program, such as:
(A)  a drug education program that is designed to educate persons on the dangers of drug abuse in accordance with Section 521.374(a)(1), Transportation Code, and that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code; or
(B)  an alcohol awareness program described by Section 106.115, Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code;
(7)  pay the costs of any diagnostic testing, psychosocial assessment, or treatment or education program participation as reimbursement fees:
(A)  directly; or
(B)  through the court as court costs;
(8)  complete a driving safety course approved under Chapter 1001, Education Code, or another course as directed by the judge;
(9)  present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this subchapter; and
(10)  comply with any other reasonable condition.
(c)  A judge who requires a defendant to successfully complete an alcohol awareness program or drug education program as described by Subsection (b)(6) shall require the defendant to pay a reimbursement fee for the cost of the program, unless the judge determines that the defendant is indigent and unable to pay the cost.
(d)  The judge may allow the defendant to pay the fee described by Subsection (c) in installments during the deferral period.
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 G. Deferred Disposition › Article 45A.304. Deferred Disposition Requirements: Moving Violation Committed by Young Defendant

(a)  This article applies to a defendant who:
(1)  is younger than 25 years of age; and
(2)  committed a traffic offense classified as a moving violation.
(b)  Notwithstanding Article 45A.303(b)(8), during a deferral period ordered under this subchapter, the judge shall require that a defendant described by Subsection (a):
(1)  complete a driving safety course approved under Chapter 1001, Education Code; and
(2)  if the defendant holds a provisional license, be examined by the Department of Public Safety as required by Section 521.161(b)(2), Transportation Code.
(c)  A defendant remains subject to the examination required by Subsection (b)(2) regardless of whether the defendant was examined previously.
(d)  A defendant examined as required by Subsection (b)(2) must pay a $10 reimbursement fee for the examination.
(e)  The reimbursement fee collected under Subsection (d) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521, Transportation 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 G. Deferred Disposition › Article 45A.305. Dismissal of Complaint on Compliance With Judicial Requirements

(a)  On determining that the defendant has complied with the requirements imposed by the judge under this subchapter, the judge shall dismiss the complaint.
(b)  If a complaint is dismissed under Subsection (a), there is not a final conviction and the complaint may not be used against the person for any purpose.
(c)  The docket must clearly note that the judge dismissed the complaint and that there is not a final conviction.
(d)  Records relating to a complaint dismissed as provided by Subsection (a) may be expunged under Subchapter A, B, or C, Chapter 55A.
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 G. Deferred Disposition › Article 45A.306. Show Cause Hearing on Failure to Comply With Judicial Requirements

If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this subchapter, the court shall:
(1)  notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and
(2)  require the defendant to appear at the time and place stated in the notice to show cause why the order of deferral should not be revoked.
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 G. Deferred Disposition › Article 45A.307. Judicial Actions on Show Cause Hearing

(a)  On the defendant's showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this subchapter, the court may allow an additional period during which the defendant may present evidence of the defendant's compliance with the requirements.
(b)  Except as provided by Subsection (c), if on the date of a show cause hearing under Article 45A.306 or, if applicable, by the conclusion of an additional period provided under Subsection (a), the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed by the judge under this subchapter, the judge may impose the fine assessed or a lesser fine.  The imposition of the fine or lesser fine constitutes a final conviction of the defendant.
(c)  If the defendant was required to complete a driving safety course or an examination under Article 45A.304(b) and on the date of a show cause hearing under Article 45A.306 or, if applicable, by the conclusion of an additional period provided under Subsection (a), the defendant does not present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed.  The imposition of the fine constitutes a final conviction of the defendant.
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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.351. Applicability

(a)  Except as provided by Subsections (b) and (c), this subchapter applies only to an alleged offense that:
(1)  is within the jurisdiction of a justice or municipal court;
(2)  involves the operation of a motor vehicle; and
(3)  is defined by:
(A)  Section 472.022, Transportation Code;
(B)  Subtitle C, Title 7, Transportation Code; or
(C)  Section 729.001(a)(3), Transportation Code.
(b)  If the defendant is younger than 25 years of age, this subchapter applies to any alleged offense that:
(1)  is within the jurisdiction of a justice or municipal court;
(2)  involves the operation of a motor vehicle; and
(3)  is classified as a moving violation.
(c)  This subchapter does not apply to an offense committed by a person who:
(1)  holds a commercial driver's license; or
(2)  held a commercial driver's license when the offense was committed.
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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.352. Driving Safety or Motorcycle Operator Training Course Completion

(a)  The judge shall require a defendant to successfully complete a driving safety course approved by the Texas Department of Licensing and Regulation or a course under the motorcycle operator training and safety program approved by the designated state agency under Chapter 662, Transportation Code, if:
(1)  the defendant elects driving safety course or motorcycle operator training course dismissal under this subchapter;
(2)  the defendant:
(A)  has a Texas driver's license or permit; or
(B)  is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty;
(3)  either:
(A)  the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12-month period preceding the date of the offense; or
(B)  the defendant:
(i)  does not have a Texas driver's license or permit;
(ii)  is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty; and
(iii)  has not completed a driving safety course or motorcycle operator training course, as appropriate, in another state within the 12-month period preceding the date of the offense;
(4)  on or before the answer date on the notice to appear, the defendant enters, under Article 45A.151(a), a plea of nolo contendere or guilty in person or in writing and:
(A)  presents in person or by counsel to the court a request to take a course; or
(B)  sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course;
(5)  the defendant is charged with an offense to which this subchapter applies, other than speeding at a speed of:
(A)  95 miles per hour or more; or
(B)  25 miles per hour or more over the posted speed limit; and
(6)  the defendant provides evidence of financial responsibility as required by Chapter 601, Transportation Code.
(b)  The court may dismiss only one charge for each completion of a course described by Subsection (a).
(c)  Notwithstanding Subsections (a)(3) and (4), before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this subchapter.
(d)  A request to take a driving safety course or motorcycle operator training course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant's promise to appear.
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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.353. Certain Defendants Entitled to Complete Driving Safety or Motorcycle Operator Training Course

The court shall advise a defendant charged with a misdemeanor under Section 472.022, Transportation Code, Subtitle C, Title 7, Transportation Code, or Section 729.001(a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right under this subchapter to successfully complete a driving safety course or, if the offense was committed while operating a motorcycle, a motorcycle operator training course.  The right to complete a course does not apply to a defendant charged with:
(1)  a violation of Section 545.066, 550.022, or 550.023, Transportation Code;
(2)  a serious traffic violation; or
(3)  an offense to which Section 542.404, Transportation Code, applies.
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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.354. Content of Notice to Appear

(a)  A notice to appear issued for an offense to which this subchapter applies must inform a defendant charged with an offense under Section 472.022, Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an offense under Section 729.001(a)(3), Transportation Code, committed while operating a motor vehicle of the defendant's right to complete a driving safety course or, if the offense was committed while operating a motorcycle, of the defendant's right to complete a motorcycle operator training course.  The notice required by this subsection must read substantially as follows:
"You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course.  You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course."
(b)  If the notice required by Subsection (a) is not provided to the defendant charged with the offense, the defendant may continue to exercise the defendant's right to take a driving safety course or a motorcycle operator training course until the notice required by Subsection (a) is provided to the defendant or there is a final disposition of 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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.355. Extension for Good Cause

On a defendant's showing of good cause for failure to provide evidence to the court, the court may allow an additional period during which the defendant may present:
(1)  a uniform certificate of course completion as evidence that the defendant successfully completed the driving safety course; or
(2)  a verification of course completion as evidence that the defendant successfully completed the motorcycle operator training course.
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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.357. Effect of Dismissal or Course Completion

(a)  A charge that is dismissed under this subchapter may not be part of a person's driving record or used for any purpose.
(b)  An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may not cancel or increase the premium charged an insured under the policy because the insured:
(1)  completed a driving safety course or a motorcycle operator training course; or
(2)  had a charge dismissed under this subchapter.
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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.358. Additional Fines and Fees Relating to Course Request

(a)  In addition to court costs and fees authorized or imposed by a law of this state and applicable to the offense, the court may:
(1)  require a defendant requesting a driving safety course or motorcycle operator training course under Article 45A.352(a) to pay a reimbursement fee in an amount of not more than $10 to cover the cost of administering this subchapter; or
(2)  require a defendant requesting a driving safety course or motorcycle operator training course under Article 45A.352(c) to pay a fine set by the court in an amount not to exceed the maximum amount of the fine for the offense committed by the defendant.
(b)  A defendant who requests but does not take a driving safety course or motorcycle operator training course is not entitled to a refund of the reimbursement fee or fine assessed under Subsection (a).
(c)  Money collected by a municipal court shall be deposited in the municipal treasury.  Money collected by another court shall be deposited in the county treasury of the county in which the court 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 H. Driving Safety or Motorcycle Operator Course Dismissal › Article 45A.359. Driving Record Retrieval and Related Fee

(a)  In this article, "state electronic Internet portal" has the meaning assigned by Section 2054.003, Government Code.
(b)  As an alternative to receiving the defendant's driving record under Article 45A.356(a)(2), the judge, at the time the defendant requests a driving safety course or motorcycle operator training course dismissal under this subchapter, may:
(1)  require the defendant to pay a reimbursement fee in an amount equal to the sum of the amount of:
(A)  the fee established by Section 521.048, Transportation Code; and
(B)  the state electronic Internet portal fee; and
(2)  use the state electronic Internet portal to request that the Department of Public Safety provide the judge with a copy of the defendant's driving record showing the information described by Section 521.047(b), Transportation Code.
(c)  As soon as practicable, the Department of Public Safety shall use the state electronic Internet portal to provide the judge with the requested copy of the defendant's driving record.
(d)  The reimbursement fee authorized by Subsection (b) is in addition to any other fee required under this subchapter.
(e)  The custodian of a municipal or county treasury who receives reimbursement fees collected under this article shall keep a record of the fees and, without deduction or proration, forward the fees to the comptroller with and in the manner required for other fees and costs received in connection with criminal cases.
(f)  The comptroller shall credit fees collected under Subsection (e) to the Department of Public Safety.
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 I. Other Dismissals › Article 45A.402. Dismissal of Complaint on Commitment of Person With Chemical Dependency

(a)  On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only, a justice or municipal court may defer further proceedings for a 90-day period 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 complaint 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.  If a complaint is dismissed under this subsection, there is not a final conviction and the complaint may not be used against the person for any purpose.  The docket must clearly note that the court dismissed the complaint and that there is not a final conviction. Records relating to a complaint dismissed under this subsection may be expunged under Subchapter A, B, or C, Chapter 55A.
(c)  If at the conclusion of the deferral period satisfactory evidence described by Subsection (b) is not presented, the justice or municipal court may impose the fine assessed or a lesser fine.  The imposition of the fine constitutes a final conviction of the defendant.
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 I. Other Dismissals › Article 45A.403. Dismissal of Parent Contributing to Nonattendance Charge

Notwithstanding any other law, a county, justice, or municipal court 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 of the defendant's child to attend school.
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 J. Cases Involving Juveniles › Article 45A.452. Plea; Appearance by Defendant and Parent

(a)  This article applies to a defendant who has not had the disabilities of minority removed and has been:
(1)  charged with an offense other than an offense under Section 43.261, Penal Code, if the defendant is younger than 17 years of age; or
(2)  charged with an offense under Section 43.261, Penal Code, if the defendant is younger than 18 years of age.
(b)  The judge or justice shall:
(1)  take the defendant's plea in open court; and
(2)  issue a summons to compel the defendant's parent, guardian, or managing conservator to be present during:
(A)  the taking of the defendant's plea; and
(B)  all other proceedings relating to the case.
(c)  If the court is unable to secure the appearance of the defendant's parent, guardian, or managing conservator by issuing a summons, the court may, without the defendant's parent, guardian, or managing conservator present, take the defendant's plea and proceed against the defendant.
(d)  If the defendant resides in a county other than the county in which the alleged offense occurred, the defendant may, with approval of the judge of the court of original jurisdiction, enter a plea, including a plea under Article 45A.401, before a judge in the county in which the defendant resides.
(e)  A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at a hearing with the defendant.  The summons must include a warning that the failure of the parent to appear is a Class C misdemeanor and may result in arrest.
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 J. Cases Involving Juveniles › Article 45A.454. Conduct Alleged on School Property

(a)  In this article, "child" has the meaning assigned by Article 45A.453(a).
(b)  If a law enforcement officer issues a citation or files a complaint in the manner provided by Article 45A.101(g) for conduct by a child 12 years of age or older that is alleged to have occurred on school property of or on a vehicle owned or operated by a county or independent school district, the officer shall submit to the court:
(1)  the offense report;
(2)  a statement by a witness to the alleged conduct; and
(3)  a statement by a victim of the alleged conduct, if any.
(c)  An attorney representing the state may not proceed in a trial of an offense unless the law enforcement officer has complied with the requirements of Subsection (b).
(d)  Notwithstanding Article 45A.453(h) or (i), a law enforcement officer may not issue a citation or file a complaint in the manner provided by Article 45A.101(g) for conduct by a child younger than 12 years of age that is alleged to have occurred on school property of or on a vehicle owned or operated by a county or independent school district.
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 J. Cases Involving Juveniles › Article 45A.455. Child Taken Into Custody for Violation of Juvenile Curfew or Order

(a)  In this article, "child" means a person who is younger than 17 years of age.
(b)  A peace officer taking a child into custody for a violation of a juvenile curfew ordinance of a municipality or order of the commissioners court of a county shall, without unnecessary delay:
(1)  release the child to the child's parent, guardian, or custodian;
(2)  take the child before a justice or municipal court to answer the charge; or
(3)  take the child to a place designated as a juvenile curfew processing office by the head of the law enforcement agency having custody of the child.
(c)  A juvenile curfew processing office must observe the following procedures:
(1)  the office must be an unlocked, multipurpose area that is not designated, set aside, or used as a secure detention area or part of a secure detention area;
(2)  the child may not be secured physically to a cuffing rail, chair, desk, or stationary object;
(3)  the child may not be held for a period longer than is necessary to complete:
(A)  identification;
(B)  investigation;
(C)  processing;
(D)  release to a parent, guardian, or custodian; or
(E)  arrangement of transportation to school or court;
(4)  the office may not be designated or intended for residential purposes;
(5)  a peace officer or other individual shall provide continuous visual supervision of a child while the child is in the office; and
(6)  a child may not be held in the office for a period of more than six hours.
(d)  A place designated under this article as a juvenile curfew processing office is not subject to the approval of the juvenile board having jurisdiction where the governmental entity is located.
Added by Acts 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 J. Cases Involving Juveniles › Article 45A.456. Continuing Obligation to Appear for Unadjudicated Child, Now Adult; Offense

(a)  Except as provided by Articles 45A.453, 45A.454, and 45A.455, an individual may not be taken into secured custody for offenses alleged to have occurred before the individual's 17th birthday.
(b)  On or after an individual's 17th birthday, if the court has used all available procedures under this chapter to secure the individual's appearance to answer allegations made before the individual's 17th birthday, the court may issue a notice of continuing obligation to appear, by personal service or by mail, to the last known address and residence of the individual.  The notice must order the individual to appear at a designated time, place, and date to answer the allegations detailed in the notice.
(c)  Failure to appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of Section 38.10, Penal Code, and Section 543.009, Transportation Code.
(d)  It is an affirmative defense to prosecution under Subsection (c) that the individual was not informed of the individual's obligation under Articles 45A.457(h) and (i) or did not receive notice as required by Subsection (b) of this article.
(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 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 J. Cases Involving Juveniles › Article 45A.458. Finding of 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 pay.
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 J. Cases Involving Juveniles › Article 45A.461. Failure to Pay Fine or Appear

(a)  In this article, "child" has the meaning assigned by Article 45A.453(a).
(b)  A justice or municipal court may not order the confinement of a child for:
(1)  the failure to pay all or part of a fine or cost imposed for the conviction of an offense punishable by fine only;
(2)  the failure to appear for an offense committed by the child; or
(3)  contempt of another order of a justice or municipal court.
(c)  If a child fails to obey an order of a justice or municipal court under circumstances that would constitute contempt of court, the justice or municipal court, after providing notice and an opportunity to be heard, may:
(1)  refer the child to the appropriate juvenile court for delinquent conduct for contempt of the order; or
(2)  retain jurisdiction of the case, hold the child in contempt of court, and order that:
(A)  the contemnor pay a fine not to exceed $500; or
(B)  the Department of Public Safety suspend the contemnor's driver's license or permit or, if the contemnor does not have a license or permit, deny the issuance of a license or permit to the contemnor until the contemnor fully complies with the order.
(d)  A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if:
(1)  the person was convicted for an offense committed before the person's 17th birthday;
(2)  the person failed to obey the order while the person was 17 years of age or older; and
(3)  the failure to obey occurred under circumstances that constitute contempt of court.
(e)  A justice or municipal court may hold a person in contempt and impose a remedy authorized by Subsection (c)(2) if the person, while younger than 17 years of age, engaged in conduct in contempt of an order issued by the court, but contempt proceedings could not be held before the person's 17th birthday.
(f)  A justice or municipal court that orders suspension or denial of a driver's license or permit under Subsection (c)(2)(B) shall notify the Department of Public Safety on receiving proof of compliance with the orders of the justice or municipal court.
(g)  A justice or municipal court may not refer a person who violates a court order while 17 years of age or older to a juvenile court for delinquency proceedings for contempt of court.
Added by Acts 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 J. Cases Involving Juveniles › Article 45A.462. Confidential Records Related to Certain Charges Against or Convictions of Child

(a)  In this article, "child" has the meaning assigned by Article 45A.453(a).
(b)  Except as provided by Article 15.27 and Subsection (c) of this article, all records and files, including those held by law enforcement, and information stored by electronic means or otherwise, from which a record or file could be generated, relating to a child who is charged with, is convicted of, is found not guilty of, had a charge dismissed for, or is granted deferred disposition for a fine-only misdemeanor offense other than a traffic offense are confidential and may not be disclosed to the public.
(c)  Information subject to Subsection (b) may be open to inspection only by:
(1)  a judge or court staff;
(2)  a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code;
(3)  the Department of Public Safety;
(4)  an attorney for a party to the proceeding;
(5)  the child defendant; or
(6)  the defendant's parent, guardian, or managing conservator.
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 J. Cases Involving Juveniles › Article 45A.463. Expunction of Certain Records of Child or Minor

(a)  In this article, "child" has the meaning assigned by Section 51.02, Family Code.
(b)  This article does not apply to an offense otherwise covered by:
(1)  Chapter 106, Alcoholic Beverage Code; or
(2)  Chapter 161, Health and Safety Code.
(c)  On or after the person's 17th birthday, a person may apply to the court in which the person was convicted to have the conviction expunged as provided by this article if:
(1)  the person was convicted of not more than one offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; or
(2)  the person was convicted only once of an offense under Section 43.261, Penal Code.
(d)  The person must make a written request to have the records expunged.
(e)  The request must:
(1)  be under oath; and
(2)  contain the person's statement that the person was not convicted of any additional offense or found to have engaged in conduct indicating a need for supervision as described by Subsection (g)(1) or (2), as applicable.
(f)  The judge shall inform the person and any parent in open court of the person's expunction rights and provide them with a copy of this article.
(g)  The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person's record if the court finds that:
(1)  for a person applying for the expunction of a conviction for an offense described by Section 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by those subdivisions while the person was a child; and
(2)  for a person applying for the expunction of a conviction for an offense described by Section 43.261, Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6), Family Code, while the person was a child.
(h)  After entry of an order under Subsection (g), the person is released from all disabilities resulting from the conviction and the conviction may not be shown or made known for any purpose.
(i)  Records of a person younger than 17 years of age relating to a complaint may be expunged under this article if:
(1)  the complaint was dismissed under Subchapter G, Article 45A.401, or other law; or
(2)  the person was acquitted of the offense.
(j)  The justice or municipal court shall require a person who requests expunction under this article to pay a reimbursement fee in the amount of $30 to defray the cost of notifying state agencies of orders of expunction under this article.
(k)  The procedures for expunction provided under this article are separate and distinct from the expunction procedures under Chapter 55A.
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 J. Cases Involving Juveniles › Article 45A.464. Expunction of Records Related to Failure to Attend School

(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 an expunction of the conviction or complaint and records relating to the conviction or complaint.
(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.
(d)  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 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 46 - Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability › Article 46.04. Transportation to a Mental Health Facility or Residential Care Facility › Section 1. Persons Accompanying Transport

Sec. 1. PERSONS ACCOMPANYING TRANSPORT.    (a)  A patient transported from a jail or detention facility to a mental health facility or a residential care facility shall be transported by a special officer for mental health assignment certified under Section 1701.404, Occupations Code, or by a sheriff or constable.
(b) The court ordering the transport shall require appropriate medical personnel to accompany the person transporting the patient, at the expense of the county from which the patient is transported, if there is reasonable cause to believe the patient will require medical assistance or will require the administration of medication during the transportation.
(c) A female patient must be accompanied by a female attendant.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 46 - Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability › Article 46.04. Transportation to a Mental Health Facility or Residential Care Facility › Section 2. Requirements for Transport

Sec. 2. REQUIREMENTS FOR TRANSPORT.  The transportation of a patient from a jail or detention facility to a mental health facility or residential care facility must meet the following requirements:
(1) the patient must be transported directly to the facility within a reasonable amount of time and without undue delay;
(2) a vehicle used to transport the patient must be adequately heated in cold weather and adequately ventilated in warm weather;
(3) a special diet or other medical precautions recommended by the patient's physician must be followed;
(4) the person transporting the patient shall give the patient reasonable opportunities to get food and water and to use a bathroom;  and
(5) the patient may not be transported with a state prisoner.
Added by Acts 1999, 76th Leg., ch. 1512, Sec. 6, eff. Sept. 1, 1999.  Sec. 1(a) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.736, eff. Sept. 1, 2001.