CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 1. GENERAL PROVISIONS

Art. 1.01. SHORT TITLE.  This Act shall be known, and may be cited, as the "Code of Criminal Procedure".
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.02. EFFECTIVE DATE.  This Code shall take effect and be in force on and after January 1, 1966.  The procedure herein prescribed shall govern all criminal proceedings instituted after the effective date of this Act and all proceedings pending upon the effective date hereof insofar as are applicable.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.03. OBJECTS OF THIS CODE.  This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the rules of procedure in respect to the prevention and punishment of offenses intelligible to the officers who are to act under them, and to all persons whose rights are to be affected by them.  It seeks:
1. To adopt measures for preventing the commission of crime;
2. To exclude the offender from all hope of escape;
3. To insure a trial with as little delay as is consistent with the ends of justice;
4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
5. To insure a fair and impartial trial;  and
6. The certain execution of the sentence of the law when declared.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.04. DUE COURSE OF LAW.  No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.05. RIGHTS OF ACCUSED.  In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury.  He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.  He shall not be compelled to give evidence against himself.  He shall have the right of being heard by himself, or counsel, or both;  shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor.  No person shall be held to answer for a felony unless on indictment of a grand jury.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL.  (a)  A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding.  The right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding.
(b) For the purposes of this article and Articles 26.04 and 26.05 of this code, "indigent" means a person who is not financially able to employ counsel.
(c) An indigent defendant is entitled to have an attorney appointed to represent him in any adversary judicial proceeding that may result in punishment by confinement and in any other criminal proceeding if the court concludes that the interests of justice require representation.  Except as otherwise provided by this subsection, if an indigent defendant is entitled to and requests appointed counsel and if adversarial judicial proceedings have been initiated against the defendant, a court or the courts' designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county shall appoint counsel as soon as possible, but not later than the end of the third working day after the date on which the court or the courts' designee receives the defendant's request for appointment of counsel.  In a county with a population of 250,000 or more, the court or the courts' designee shall appoint counsel as required by this subsection as soon as possible, but not later than the end of the first working day after the date on which the court or the courts' designee receives the defendant's request for appointment of counsel.
(d) An eligible indigent defendant is entitled to have the trial court appoint an attorney to represent him in the following appellate and postconviction habeas corpus matters:
(1) an appeal to a court of appeals;
(2) an appeal to the Court of Criminal Appeals if the appeal is made directly from the trial court or if a petition for discretionary review has been granted;
(3) a habeas corpus proceeding if the court concludes that the interests of justice require representation;  and
(4) any other appellate proceeding if the court concludes that the interests of justice require representation.
(e)  An appointed counsel is entitled to 10 days to prepare for a proceeding but may waive the preparation time with the consent of the defendant in writing or on the record in open court.  If a nonindigent defendant appears without counsel at a proceeding after having been given a reasonable opportunity to retain counsel, the court, on 10 days' notice to the defendant of a dispositive setting, may proceed with the matter without securing a written waiver or appointing counsel. If an indigent defendant who has refused appointed counsel in order to retain private counsel appears without counsel after having been given an opportunity to retain counsel, the court, after giving the defendant a reasonable opportunity to request appointment of counsel or, if the defendant elects not to request appointment of counsel, after obtaining a waiver of the right to counsel pursuant to Subsections (f) and (g), may proceed with the matter on 10 days' notice to the defendant of a dispositive setting.
(f)  A defendant may voluntarily and intelligently waive in writing the right to counsel.  A waiver obtained in violation of Subsection (f-1) or (f-2) is presumed invalid.
(f-1)  In any adversary judicial proceeding that may result in punishment by confinement, the attorney representing the state may not:
(1)  initiate or encourage an attempt to obtain from a defendant who is not represented by counsel a waiver of the right to counsel; or
(2)  communicate with a defendant who has requested the appointment of counsel, unless the court or the court's designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county has denied the request and, subsequent to the denial, the defendant:
(A)  has been given a reasonable opportunity to retain and has failed to retain private counsel; or
(B)  waives or has waived the opportunity to retain private counsel.
(f-2)  In any adversary judicial proceeding that may result in punishment by confinement, the court may not direct or encourage the defendant to communicate with the attorney representing the state until the court advises the defendant of the right to counsel and the procedure for requesting appointed counsel and the defendant has been given a reasonable opportunity to request appointed counsel.  If the defendant has requested appointed counsel, the court may not direct or encourage the defendant to communicate with the attorney representing the state unless the court or the court's designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county has denied the request and, subsequent to the denial, the defendant:
(1)  has been given a reasonable opportunity to retain and has failed to retain private counsel; or
(2)  waives or has waived the opportunity to retain private counsel.
(g)  If a defendant wishes to waive the right to counsel for purposes of entering a guilty plea or proceeding to trial, the court shall advise the defendant of the nature of the charges against the defendant and, if the defendant is proceeding to trial, the dangers and disadvantages of self-representation.  If the court determines that the waiver is voluntarily and intelligently made, the court shall provide the defendant with a statement substantially in the following form, which, if signed by the defendant, shall be filed with and become part of the record of the proceedings:
"I have been advised this ______ day of __________, 2 ____, by the (name of court) Court of my right to representation by counsel in the case pending against me.  I have been further advised that if I am unable to afford counsel, one will be appointed for me free of charge.  Understanding my right to have counsel appointed for me free of charge if I am not financially able to employ counsel, I wish to waive that right and request the court to proceed with my case without an attorney being appointed for me.  I hereby waive my right to counsel.  (signature of defendant)"
(h) A defendant may withdraw a waiver of the right to counsel at any time but is not entitled to repeat a proceeding previously held or waived solely on the grounds of the subsequent appointment or retention of counsel.  If the defendant withdraws a waiver, the trial court, in its discretion, may provide the appointed counsel 10 days to prepare.
(i) Except as otherwise provided by this subsection, if an indigent defendant is entitled to and requests appointed counsel and if adversarial judicial proceedings have not been initiated against the defendant, a court or the courts' designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county shall appoint counsel immediately following the expiration of three working days after the date on which the court or the courts' designee receives the defendant's request for appointment of counsel.  If adversarial judicial proceedings are initiated against the defendant before the expiration of the three working days, the court or the courts' designee shall appoint counsel as provided by Subsection (c).  In a county with a population of 250,000 or more, the court or the courts' designee shall appoint counsel as required by this subsection immediately following the expiration of one working day after the date on which the court or the courts' designee receives the defendant's request for appointment of counsel.  If adversarial judicial proceedings are initiated against the defendant before the expiration of the one working day, the court or the courts' designee shall appoint counsel as provided by Subsection (c).
(j) Notwithstanding any other provision of this section, if an indigent defendant is released from custody prior to the appointment of counsel under this section, appointment of counsel is not required until the defendant's first court appearance or when adversarial judicial proceedings are initiated, whichever comes first.
(k) A court or the courts' designee may without unnecessary delay appoint new counsel to represent an indigent defendant for whom counsel is appointed under Subsection (c) or (i) if:
(1) the defendant is subsequently charged in the case with an offense different from the offense with which the defendant was initially charged;  and
(2) good cause to appoint new counsel is stated on the record as required by Article 26.04(j)(2).
  
Added by Acts 1987, 70th Leg., ch. 979, Sec. 1, eff. Sept. 1, 1987.  Subsec. (c) amended by and Subsecs. (i) to (k) added by Acts 2001, 77th Leg., ch. 906, Sec. 2, eff. Jan. 1, 2002.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 463, Sec. 1, eff. September 1, 2007.
    
Art. 1.052. SIGNED PLEADINGS OF DEFENDANT.  (a)  A pleading, motion, and other paper filed for or on behalf of a defendant represented by an attorney must be signed by at least one attorney of record in the attorney's name and state the attorney's address.  A defendant who is not represented by an attorney must sign any pleading, motion, or other paper filed for or on the defendant's behalf and state the defendant's address.
(b) The signature of an attorney or a defendant constitutes a certificate by the attorney or defendant that the person has read the pleading, motion, or other paper and that to the best of the person's knowledge, information, and belief formed after reasonable inquiry that the instrument is not groundless and brought in bad faith or groundless and brought for harassment, unnecessary delay, or other improper purpose.
(c) If a pleading, motion, or other paper is not signed, the court shall strike it unless it is signed promptly after the omission is called to the attention of the attorney or defendant.
(d) An attorney or defendant who files a fictitious pleading in a cause for an improper purpose described by Subsection (b) or who makes a statement in a pleading that the attorney or defendant knows to be groundless and false to obtain a delay of the trial of the cause or for the purpose of harassment shall be held guilty of contempt.
(e) If a pleading, motion, or other paper is signed in violation of this article, the court, on motion or on its own initiative, after notice and hearing, shall impose an appropriate sanction, which may include an order to pay to the other party or parties to the prosecution or to the general fund of the county in which the pleading, motion, or other paper was filed the amount of reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including reasonable attorney's fees.
(f) A court shall presume that a pleading, motion, or other paper is filed in good faith.  Sanctions under this article may not be imposed except for good cause stated in the sanction order.
(g) A plea of "not guilty" or "no contest" or "nolo contendere" does not constitute a violation of this article.  An allegation that an event took place or occurred on or about a particular date does not constitute a violation of this article.
(h) In this article, "groundless" means without basis in law or fact and not warranted by a good faith argument for the extension, modification, or reversal of existing law.
  
Added by Acts 1997, 75th Leg., ch. 189, Sec. 11, eff. May 21, 1997.
    
Art. 1.06. SEARCHES AND SEIZURES.  The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches.  No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.07. RIGHT TO BAIL.  All prisoners shall be bailable unless for capital offenses when the proof is evident.  This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.08. HABEAS CORPUS.  The writ of habeas corpus is a writ of right and shall never be suspended.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.09. CRUELTY FORBIDDEN.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.10. JEOPARDY.  No person for the same offense shall be twice put in jeopardy of life or liberty;  nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.11. ACQUITTAL A BAR.  An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been;  but if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.12. RIGHT TO JURY.  The right of trial by jury shall remain inviolate.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.13. WAIVER OF TRIAL BY JURY.  (a)  The defendant in a criminal prosecution for any offense other than a capital felony case in which the State notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that such waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the State.  The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the State shall be in writing, signed by him, and filed in the papers of the cause before the defendant enters his plea.
(b) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver.
(c) A defendant may agree to waive a jury trial regardless of whether the defendant is represented by an attorney at the time of making the waiver, but before a defendant charged with a felony who has no attorney can agree to waive the jury, the court must appoint an attorney to represent him.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 1, eff. Sept. 1, 1991;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 285, Sec. 1, eff. Sept. 1, 1997.
    
Art. 1.14. WAIVER OF RIGHTS.  (a)  The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital felony case may waive the right of trial by jury only in the manner permitted by Article 1.13(b) of this code.
(b) If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he waives and forfeits the right to object to the defect, error, or irregularity and he may not raise the objection on appeal or in any other postconviction proceeding.  Nothing in this article prohibits a trial court from requiring that an objection to an indictment or information be made at an earlier time in compliance with Article 28.01 of this code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 1, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
      
Amended by Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985;  Acts 1991, 72nd Leg., ch. 652, Sec. 2, eff. Sept. 1, 1991.
    
Art. 1.141. WAIVER OF INDICTMENT FOR NONCAPITAL FELONY.  A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment of any offense other than a capital felony.  On waiver as provided in this article, the accused shall be charged by information.
  
Added by Acts 1971, 62nd Leg., p. 1148, ch. 260, Sec. 1, eff. May 19, 1971.
    
Art. 1.15. JURY IN FELONY.  No person can be convicted of a felony except upon the verdict of a jury duly rendered and recorded, unless the defendant, upon entering a plea, has in open court in person waived his right of trial by jury in writing in accordance with Articles 1.13 and 1.14;  provided, however, that it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same.  The evidence may be stipulated if the defendant in such case consents in writing, in open court, to waive the appearance, confrontation, and cross-examination of witnesses, and further consents either to an oral stipulation of the evidence and testimony or to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence in support of the judgment of the court.  Such waiver and consent must be approved by the court in writing, and be filed in the file of the papers of the cause.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 2, eff. Aug. 28, 1967;  Acts 1971, 62nd Leg., p. 3028, ch. 996, Sec. 1, eff. June 15, 1971;  Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
      
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 3, eff. Sept. 1, 1991.
    
Art. 1.16. LIBERTY OF SPEECH AND PRESS.  Every person shall be at liberty to speak, write or publish his opinion on any subject, being liable for the abuse of that privilege;  and no law shall ever be passed curtailing the liberty of speech or of the press.  In prosecutions for the publication of papers investigating the conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence.  In all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.17. RELIGIOUS BELIEF.  No person shall be disqualified to give evidence in any court of this State on account of his religious opinions, or for the want of any religious belief;  but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.18. OUTLAWRY AND TRANSPORTATION.  No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.19. CORRUPTION OF BLOOD, ETC.  No conviction shall work corruption of blood or forfeiture of estate.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.20. CONVICTION OF TREASON.  No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.21. PRIVILEGE OF LEGISLATORS.  Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the place at which the Legislature is convened.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.23. DIGNITY OF STATE.  All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, shall, by virtue of their offices, be conservators of the peace throughout the State.  The style of all writs and process shall be "The State of Texas".  All prosecutions shall be carried on "in the name and by authority of The State of Texas", and conclude, "against the peace and dignity of the State".
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 97, eff. Sept. 1, 1981.
    
Art. 1.24. PUBLIC TRIAL.  The proceedings and trials in all courts shall be public.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.25. CONFRONTED BY WITNESSES.  The defendant, upon a trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where depositions have been taken.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.26. CONSTRUCTION OF THIS CODE.  The provisions of this Code shall be liberally construed, so as to attain the objects intended by the Legislature:  The prevention, suppression and punishment of crime.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 1.27. COMMON LAW GOVERNS.  If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the common law shall be applied and govern.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 2. GENERAL DUTIES OF OFFICERS

Art. 2.01. DUTIES OF DISTRICT ATTORNEYS.  Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely.  When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties.  It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done.  They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 98, eff. Sept. 1, 1981.
    
Art. 2.02. DUTIES OF COUNTY ATTORNEYS.  The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county;  and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court.  He shall represent the State in cases he has prosecuted which are appealed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 99, eff. Sept. 1, 1981.
    
Art. 2.021.  DUTIES OF ATTORNEY GENERAL.  The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 60.051(g) the victim of which is younger than 17 years of age at the time the offense is committed.  On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Article 60.051(g) the victim of which is younger than 17 years of age at the time the offense is committed.  For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.02, eff. September 1, 2007.
    
Art. 2.022.  ASSISTANCE OF TEXAS RANGERS.  (a)  The attorney representing the state may request the Texas Rangers division of the Department of Public Safety to provide assistance to a local law enforcement agency investigating an offense that:
(1)  is alleged to have been committed by an elected officer of the political subdivision served by the local law enforcement agency;  and
(2)  on conviction or adjudication, would subject the elected officer to registration as a sex offender under Chapter 62.
(b)  For purposes of this article, "assistance" includes investigative, technical, and administrative assistance.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 431, Sec. 1, eff. June 19, 2009.
    
Art. 2.025. SPECIAL DUTY OF DISTRICT OR COUNTY ATTORNEY RELATING TO CHILD SUPPORT.  If a district or county attorney receives money from a person who is required by a court order to pay child support through a local registry or the Title IV-D agency and the money is presented to the attorney as payment for the court-ordered child support, the attorney shall transfer the money to the local registry or Title IV-D agency designated as the place of payment in the child support order.
  
Added by Acts 1999, 76th Leg., ch. 40, Sec. 1, eff. Sept. 1, 1999.
    
Art. 2.03. NEGLECT OF DUTY.  (a)  It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer;  and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge.
(b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug. 28, 1967.
    
Art. 2.04. SHALL DRAW COMPLAINTS.  Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.05. WHEN COMPLAINT IS MADE.  If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction;  provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case.  If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.06. MAY ADMINISTER OATHS.  For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.07. ATTORNEY PRO TEM.  (a)  Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of his office, or in any instance where there is no attorney for the state, the judge of the court in which he represents the state may appoint any competent attorney to perform the duties of the office during the absence or disqualification of the attorney for the state.
(b) Except as otherwise provided by this subsection, if the appointed attorney is also an attorney for the state, the duties of the appointed office are additional duties of his present office, and he is not entitled to additional compensation.  Nothing herein shall prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney for the state who is appointed to perform additional duties.
(b-1) An attorney for the state who is not disqualified to act may request the court to permit him to recuse himself in a case for good cause and upon approval by the court is disqualified.
(c) If the appointed attorney is not an attorney for the state, he is qualified to perform the duties of the office for the period of absence or disqualification of the attorney for the state on filing an oath with the clerk of the court.  He shall receive compensation in the same amount and manner as an attorney appointed to represent an indigent person.
(d) In this article, "attorney for the state" means a county attorney, a district attorney, or a criminal district attorney.
(e) In Subsections (b) and (c) of this article, "attorney for the state" includes an assistant attorney general.
(f) In Subsection (a) of this article, "competent attorney" includes an assistant attorney general.
(g) An attorney appointed under Subsection (a) of this article to perform the duties of the office of an attorney for the state in a justice or municipal court may be paid a reasonable fee for performing those duties.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 356, ch. 154, Sec. 1, eff. May 23, 1973.
      
Subsec. (b) amended by and subsec. (b-1) added by Acts 1987, 70th Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987;  Subsecs. (e), (f) added by Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1, 1995;  Subsec. (g) added by Acts 1999, 76th Leg., ch. 1545, Sec. 1, eff. Sept. 1, 1999.
    
Art. 2.08. DISQUALIFIED.  District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.09.  WHO ARE MAGISTRATES.  Each of the following officers is a magistrate within the meaning of this Code:  The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the masters appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the magistrates appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County, the magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County, the criminal magistrates appointed by the Brazoria County Commissioners Court, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the associate judges appointed by the judges of the statutory probate courts under Subchapter G, Chapter 54, Government Code, the associate judges appointed by the judge of a district court under Subchapter II, Chapter 54, Government Code, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 100, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 883, ch. 204, Sec. 1, eff. Aug. 29, 1983;  Acts 1989, 71st Leg., ch. 25, Sec. 2, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 79, Sec. 1, eff. May 15, 1989;  Acts 1989, 71st Leg., ch. 916, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1068, Sec. 2, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 4.01, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 224, Sec. 2, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 413, Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 468, Sec. 1, eff. June 9, 1993;  Acts 1993, 73rd Leg., ch. 577, Sec. 2, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 586, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 1503, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 979, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1066, Sec. 9, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 109, Sec. 2, eff. May 20, 2005.
Acts 2005, 79th Leg., Ch. 767, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1331, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1141, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 646, Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 964, Sec. 2, eff. June 19, 2009.
    
Art. 2.10. DUTY OF MAGISTRATES.  It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means;  to issue all process intended to aid in preventing and suppressing crime;  to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.11. EXAMINING COURT.  When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace officers:
(1)  sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2)  constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3)  marshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4)  rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5)  investigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
(6)  law enforcement agents of the Texas Alcoholic Beverage Commission;
(7)  each member of an arson investigating unit commissioned by a city, a county, or the state;
(8)  officers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9)  officers commissioned by the General Services Commission;
(10)  law enforcement officers commissioned by the Parks and Wildlife Commission;
(11)  airport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;
(12)  airport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
(13)  municipal park and recreational patrolmen and security officers;
(14)  security officers and investigators commissioned as peace officers by the comptroller;
(15)  officers commissioned by a water control and improvement district under Section 49.216, Water Code;
(16)  officers commissioned by a board of trustees under Chapter 54, Transportation Code;
(17)  investigators commissioned by the Texas Medical Board;
(18)  officers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;
(19)  county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
(20)  investigators employed by the Texas Racing Commission;
(21)  officers commissioned under Chapter 554, Occupations Code;
(22)  officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
(23)  investigators commissioned by the attorney general under Section 402.009, Government Code;
(24)  security officers and investigators commissioned as peace officers under Chapter 466, Government Code;
(25)  an officer employed by the Department of State Health Services under Section 431.2471, Health and Safety Code;
(26)  officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(27)  officers commissioned by the state fire marshal under Chapter 417, Government Code;
(28)  an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code;
(29)  apprehension specialists and inspectors general commissioned by the Texas Youth Commission as officers under Sections 61.0451 and 61.0931, Human Resources Code;
(30)  officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code;
(31)  investigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;
(32)  commission investigators commissioned by the Texas Private Security Board under Section 1702.061(f), Occupations Code;
(33)  the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code;
(34)  officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section;
(35)  investigators commissioned by the Texas Juvenile Probation Commission as officers under Section 141.055, Human Resources Code; and
(36)  the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1734, ch. 659, Sec. 5, eff. Aug. 28, 1967;  Acts 1971, 62nd Leg., p. 1116, ch. 246, Sec. 3, eff. May 17, 1971;  Acts 1973, 63rd Leg., p. 9, ch. 7, Sec. 2, eff. Aug. 27, 1973;  Acts 1973, 63rd Leg., p. 1259, ch. 459, Sec. 1, eff. Aug. 27, 1973;  Acts 1975, 64th Leg., p. 480, ch. 204, Sec. 1, eff. Sept. 1, 1975;  Acts 1977, 65th Leg., p. 618, ch. 227, Sec. 2, eff. May 24, 1977;   Acts 1977, 65th Leg., p. 1082, ch. 396, Sec.1, eff. Aug. 29, 1977.
      
Amended by Acts 1983, 68th Leg., p. 545, ch. 114, Sec. 1, eff. May 17, 1983;  Acts 1983, 68th Leg., p. 4358, ch. 699, Sec. 11, eff. June 19, 1983;  Acts 1983, 68th Leg., p. 4901, ch. 867, Sec. 2, eff. June 19, 1983;  Acts 1983, 68th Leg., p. 5303, ch. 974, Sec. 11, eff. Aug. 29, 1983;  Acts 1985, 69th Leg., ch. 384, Sec. 2, eff. Aug. 26, 1985;  Acts 1985, 69th Leg., ch. 907, Sec. 6, eff. Sept. 1, 1985;  Acts 1986, 69th Leg., 2nd C.S., ch. 19, Sec. 4, eff. Dec. 4, 1986;  Acts 1987, 70th Leg., ch. 262, Sec. 20, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 350, Sec. 1, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 277, Sec. 4, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 794, Sec. 1, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1104, Sec. 4, eff. June 16, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 4.02, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 228, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 287, Sec. 24, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 386, Sec. 70, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 446, Sec. 1, eff. June 11, 1991;  Acts 1991, 72nd Leg., ch. 544, Sec. 1, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 545, Sec. 2, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 597, Sec. 57, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 853, Sec. 2, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 6;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 3.01, eff. Nov. 12, 1991;  Acts 1993, 73rd Leg., ch. 107, Sec. 4.07, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 116, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 339, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 695, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 912, Sec. 25, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 260, Sec. 10, eff. May 30, 1995;  Acts 1995, 74th Leg., ch. 621, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 729, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 4.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 90, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 322, Sec. 2, eff. May 29, 1999;  Acts 1999, 76th Leg., ch. 882, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 974, Sec. 37, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 272, Sec. 7, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 442, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 669, Sec. 8, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 3.001, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 235, Sec. 16, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 474, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 930, Sec. 12, eff. Sept. 1, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 728, Sec. 4.001, eff. September 1, 2005.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1164, Sec. 1, eff. June 19, 2009.
    
Art. 2.121. RAILROAD PEACE OFFICERS.  (a)  The director of the Department of Public Safety may appoint up to 250 railroad peace officers who are employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the protection of the persons and property of railroad passengers and employees.
(b) Except as provided by Subsection (c) of this article, a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving injury to passengers and employees of the railroad or damage to railroad property or to protect railroad property or property in the custody or control of the railroad.
(c) A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
(d) A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer.
(e) A person may not serve as a railroad peace officer for a railroad company unless:
(1) the Texas Railroad Association submits the person's application for appointment and certification as a railroad peace officer to the director of the Department of Public Safety and to the executive director of the Commission on Law Enforcement Officer Standards and Education;
(2) the director of the department issues the person a certificate of authority to act as a railroad peace officer;  and
(3) the executive director of the commission determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health and issues the person a license as a railroad peace officer;  and
(4) the person has met all standards for certification as a peace officer by the Commission on Law Enforcement Officer Standards and Education.
(f) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article.  Termination of employment with a railroad company, or the revocation of a railroad peace officer license, shall constitute an automatic revocation of a certificate of authority to act as a railroad peace officer.
(g) A railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that is within the person's scope of employment.  Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a railroad peace officer.  All expenses incurred by the granting or revocation of a certificate of authority to act as a railroad peace officer shall be paid by the employing railroad company.
(h) A railroad peace officer who is a member of a railroad craft may not perform the duties of a member of any other railroad craft during a strike or labor dispute.
(i) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article.
  
Added by Acts 1985, 69th Leg., ch. 531, Sec. 1, eff. June 12, 1985.  Subsec. (c) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.01, eff. Sept. 1, 1999.
    
Art. 2.122. SPECIAL INVESTIGATORS.  (a)  The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search and seizure as to felony offenses only under the laws of the State of Texas:
(1)  Special Agents of the Federal Bureau of Investigation;
(2)  Special Agents of the Secret Service;
(3)  Special Agents of the United States Immigration and Customs Enforcement;
(4)  Special Agents of Alcohol, Tobacco and Firearms;
(5)  Special Agents of Federal Drug Enforcement Agency;
(6)  Inspectors of the United States Postal Service;
(7)  Special Agents of the Criminal Investigation Division and Inspectors of the Internal Security Division of the Internal Revenue Service;
(8)  Civilian Special Agents of the United States Naval Investigative Service;
(9)  Marshals and Deputy Marshals of the United States Marshals Service;
(10)  Special Agents of the United States Citizenship and Immigration Services; and
(11)  Special Agents of the United States Department of State, Bureau of Diplomatic Security.
(b) A person designated as a special policeman by the Federal Protective Services division of the General Services Administration under 40 U.S.C. Section 318 or 318d is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state.
(c)  A Customs and Border Protection Officer of the United States Customs and Border Protection or a Border Patrol agent, immigration enforcement agent, or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding.
(d) A commissioned law enforcement officer of the National Park Service is not a peace officer under the laws of this state, except that the officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the boundaries of a national park or national recreation area.  In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 16 U.S.C. Section 1c(a).
(e) A Special Agent or Law Enforcement Officer of the United States Forest Service is not a peace officer under the laws of this state, except that the agent or officer has the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the National Forest System.  In this subsection, "National Forest System" has the meaning assigned by 16 U.S.C. Section 1609.
(f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, are not peace officers under the laws of this state, except that such personnel have the powers of arrest, search, and seizure, including the powers under Section 9.51, Penal Code, while in the performance of their duties on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site.
(g)  In addition to the powers of arrest, search, and seizure under Subsection (a), a Special Agent of the Secret Service protecting a person described by 18 U.S.C. Section 3056(a)  or investigating a threat against a person described by 18 U.S.C. Section 3056(a) has the powers of arrest, search, and seizure as to:
(1)  misdemeanor offenses under the laws of this state; and
(2)  any criminal offense under federal law.
  
Added by Acts 1985, 69th Leg., ch. 543, Sec. 1, eff. Sept. 1, 1985.  Renumbered from art. 2.121 and amended by Acts 1987, 70th Leg., ch. 503, Sec. 1, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., ch. 854, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1989, 71st Leg., ch. 841, Sec. 1, eff. June 14, 1989;  Acts 1993, 73rd Leg., ch. 927, Sec. 1, eff. June 19, 1993;  Subsec. (a) amended by Acts 1997, 75th Leg., ch. 717, Sec. 1, eff. June 17, 1997;  Subsec. (c) added by Acts 1997, 75th Leg., ch. 290, Sec. 1, eff. May 26, 1997;  Subsec. (a) amended by Acts 1999, 76th Leg., ch. 197, Sec. 1, eff. May 24, 1999;  Subsec. (c) amended by Acts 1999, 76th Leg., ch. 863, Sec. 1, eff. June 18, 1999;  Subsec. (d) added by Acts 1999, 76th Leg., ch. 197, Sec. 1, eff. May 24, 1999;  added by Acts 1999, 76th Leg., ch. 628, Sec. 1, eff. June 18, 1999;  Subsec. (e) relettered from subsec. (d) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(7), eff. Sept. 1, 2001;  Subsec. (f) added by Acts 2003, 78th Leg., ch. 1237, Sec. 1, eff. June 20, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1337, Sec. 5, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 732, Sec. 1, eff. September 1, 2009.
    
Art. 2.123. ADJUNCT POLICE OFFICERS.  (a)  Within counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of a private institution of higher education, provided the governing board of such institution consents, may appoint up to 50 peace officers who are commissioned under Section 51.212, Education Code, and who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county.  Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution.
(b) The geographical area that is subject to designation under Subsection (a) of this article may include only the private institution's campus area and an area that:
(1) is adjacent to the campus of the private institution;
(2) does not extend further than a distance of one mile from the perimeter of the campus of the private institution;  and
(3) is inhabited primarily by students or employees of the private institution.
(c) A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution.
(d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer.
(e) A person may not serve as an adjunct police officer for a municipality or county unless:
(1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution;
(2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer;  and
(3) the person undergoes any additional training required for that person to meet the training standards of the municipality or county for peace officers employed by the municipality or county.
(f) For good cause, the chief of police or sheriff may revoke a certificate of authority issued under this article.
(g) A private institution of higher education is liable for any act or omission by a person while serving as an adjunct police officer outside of the campus of the institution in the same manner as the municipality or county governing that geographical area is liable for any act or omission of a peace officer employed by the municipality or county.  This subsection shall not be construed to act as a limitation on the liability of a municipality or county for the acts or omissions of a person serving as an adjunct police officer.
(h) The employing institution shall pay all expenses incurred by the municipality or county in granting or revoking a certificate of authority to act as an adjunct police officer under this article.
(i) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (a) of this article.
  
Added by Acts 1987, 70th Leg., ch. 1128, Sec. 1, eff. Aug. 31, 1987.
    
Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES.  (a)  A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only:
(1) during a time in which:
(A) the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states;  or
(B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state;  and
(2) to the extent necessary to:
(A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant;  or
(B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported.
(b) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only in a municipality some part of the municipal limits of which are within one mile of the boundary between this state and the adjoining state and only at a time the peace officer is regularly assigned to duty in a county, parish, or municipality that adjoins this state.  A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas municipality described by this subsection but only after the governing body of the municipality authorizes that enforcement by majority vote at an open meeting.
  
Added by Acts 1995, 74th Leg., ch. 156, Sec. 1, eff. May 19, 1995.  Amended by Acts 1999, 76th Leg., ch. 107, Sec. 1, eff. Sept. 1, 1999.
    
Art. 2.125.  SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION.  (a)  The director of the Department of Public Safety may appoint up to 50 special rangers who are employed by the Texas and Southwestern Cattle Raisers Association to aid law enforcement agencies in the investigation of the theft of livestock or related property.
(b)  Except as provided by Subsection (c) of this article, a special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property.
(c)  A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.
(d)  A special ranger is not entitled to state benefits normally provided by the state to a peace officer.
(e)  A person may not serve as a special ranger unless:
(1)  the Texas and Southwestern Cattle Raisers Association submits the person's application for appointment and certification as a special ranger to the director of the Department of Public Safety and to the executive director of the Commission on Law Enforcement Officer Standards and Education;
(2)  the director of the department issues the person a certificate of authority to act as a special ranger;
(3)  the executive director of the commission determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health and issues the person a license as a special ranger; and
(4)  the person has met all standards for certification as a peace officer by the Commission on Law Enforcement Officer Standards and Education.
(f)  For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article.  Termination of employment with the association, or the revocation of a special ranger license, shall constitute an automatic revocation of a certificate of authority to act as a special ranger.
(g)  The Texas and Southwestern Cattle Raisers Association is liable for any act or omission by a person serving as a special ranger for the association that is within the person's scope of employment.  Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a special ranger.  All expenses incurred by the granting or revocation of a certificate of authority to act as a special ranger shall be paid by the association.
(h)  The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article.
  
Added by Acts 2005, 79th Leg., Ch. 209, Sec. 1, eff. September 1, 2005.
    
Art. 2.13. DUTIES AND POWERS.  (a)  It is the duty of every peace officer to preserve the peace within the officer's jurisdiction.  To effect this purpose, the officer shall use all lawful means.
(b) The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law;  and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
(c) It is the duty of every officer to take possession of a child under Article 63.009(g).
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1999;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 5.0005, eff. Sept. 1, 2003.
    
Art. 2.131. RACIAL PROFILING PROHIBITED.  A peace officer may not engage in racial profiling.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
    
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.  (a)  In this article:
(1)  "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties.
(2)  "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance.
(3)  "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent.
(b)  Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling.  The policy must:
(1)  clearly define acts constituting racial profiling;
(2)  strictly prohibit peace officers employed by the agency from engaging in racial profiling;
(3)  implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;
(4)  provide public education relating to the agency's complaint process;
(5)  require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article;
(6)  require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to:
(A)  the race or ethnicity of the individual detained;
(B)  whether a search was conducted and, if so, whether the individual detained consented to the search; and
(C)  whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and
(7)  require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to:
(A)  the Commission on Law Enforcement Officer Standards and Education; and
(B)  the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state.
(c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.
(d)  On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops.  If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation.
(e)  A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer.  This subsection does not affect the collection of information as required by a policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer.
(g)  On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 25, eff. September 1, 2009.
    
Art. 2.133.  REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.  (a)  In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a).
(b)  A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including:
(1)  a physical description of any person operating the motor vehicle who is detained as a result of the stop, including:
(A)  the person's gender; and
(B)  the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability;
(2)  the initial reason for the stop;
(3)  whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search;
(4)  whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence;
(5)  the reason for the search, including whether:
(A)  any contraband or other evidence was in plain view;
(B)  any probable cause or reasonable suspicion existed to perform the search; or
(C)  the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle;
(6)  whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged;
(7)  the street address or approximate location of the stop; and
(8)  whether the officer issued a written warning or a citation as a result of the stop.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 26, eff. September 1, 2009.
    
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.  (a)  In this article:
(1)  "Motor vehicle stop" has the meaning assigned by Article 2.132(a).
(2)  "Race or ethnicity" has the meaning assigned by Article 2.132(a).
(b)  A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133.  Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency.
(c)  A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include:
(1)  a comparative analysis of the information compiled under Article 2.133 to:
(A)  evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and
(B)  examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and
(2)  information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.
(d)  A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer.  This subsection does not affect the reporting of information required under Article 2.133(b)(1).
(e)  The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article.
(f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.
(g)  On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 27, eff. September 1, 2009.
    
Art. 2.135.  PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT.  (a)  A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if:
(1)  during the calendar year preceding the date that a report under Article 2.134 is required to be submitted:
(A)  each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated equipment; and
(B)  each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or
(2)  the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose.
(b)  Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle stop for at least 90 days after the date of the stop.  If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint.
(c)  This article does not affect the collection or reporting requirements under Article 2.132.
(d)  In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a).
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 28, eff. September 1, 2009.
    
Art. 2.136. LIABILITY.  A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
    
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.  (a)  The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies.  The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses.  The criteria must give priority to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement;
(2) smaller jurisdictions;  and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A).  The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. 
(d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1).
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
    
Art. 2.138. RULES.  The Department of Public Safety may adopt rules to implement Articles 2.131-2.137.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
    
Art. 2.1385.  CIVIL PENALTY.  (a)  If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation.  The attorney general may sue to collect a civil penalty under this subsection.
(b)  From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation.
(c)  Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 29, eff. September 1, 2009.
    
Art. 2.14. MAY SUMMON AID.  Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance;  and all persons summoned are bound to obey.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.15. PERSON REFUSING TO AID.  The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.16. NEGLECTING TO EXECUTE PROCESS.  If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court.  The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.17. CONSERVATOR OF THE PEACE.  Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial.  He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies.  He shall apprehend and commit to jail all offenders, until an examination or trial can be had.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.18. CUSTODY OF PRISONERS.  When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff.  It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail;  but he shall so guard the accused as to prevent escape.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.19. REPORT AS TO PRISONERS.  On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.195.  DUTY TO REPORT WARRANT OR CAPIAS INFORMATION.  Within 30 days of the day the court clerk issues the warrant, the sheriff shall report to the national crime information center each warrant or capias issued for a defendant charged with an offense other than a Class C misdemeanor who fails to appear in court when summoned.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 578, Sec. 1, eff. June 19, 2009.
    
Art. 2.20. DEPUTY.  Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy.  When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.21. DUTY OF CLERKS.  (a)  In a criminal proceeding, a clerk of the district or county court shall:
(1)  receive and file all papers;
(2)  receive all exhibits at the conclusion of the proceeding;
(3)  issue all process;
(4)  accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state;
(5)  accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state; and
(6)  perform all other duties imposed on the clerk by law.
(b)  At any time during or after a criminal proceeding, the court reporter shall release for safekeeping any firearm or contraband received as an exhibit in that proceeding to:
(1)  the sheriff; or
(2)  in a county with a population of 500,000 or more, the law enforcement agency that collected, seized, or took possession of the firearm or contraband or produced the firearm or contraband at the proceeding.
(c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18.
(d) In this article, "eligible exhibit" means an exhibit filed with the clerk that:
(1) is not a firearm or contraband;
(2) has not been ordered by the court to be returned to its owner;  and
(3) is not an exhibit in another pending criminal action.
(e) An eligible exhibit may be disposed of as provided by this article:
(1) on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor or a felony for which the sentence imposed by the court is five years or less;  or
(2) on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a non-capital felony for which the sentence imposed by the court is greater than five years.
(f)  Subject to Subsections (g), (h), (i), and (j), a clerk may dispose of an eligible exhibit or may deliver the eligible exhibit to the county purchasing agent for disposal as surplus or salvage property under Section 263.152, Local Government Code, if on the date provided by Subsection (e) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant.
(f-1)  Notwithstanding Section 263.156, Local Government Code, or any other law, the commissioners court shall remit 50 percent of any proceeds of the disposal of an eligible exhibit as surplus or salvage property as described by Subsection (f), less the reasonable expense of keeping the exhibit before disposal and the costs of that disposal, to each of the following:
(1)  the county treasury, to be used only to defray the costs incurred by the district clerk of the county for the management, maintenance, or destruction of eligible exhibits in the county; and
(2)  the state treasury to the credit of the compensation to victims of crime fund established under Subchapter B, Chapter 56.
(g) A clerk in a county with a population of less than 1.7 million must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant before disposing of an eligible exhibit.
(h) The notice under Subsection (g) of this article must:
(1) describe the eligible exhibit;
(2) give the name and address of the court holding the exhibit;  and
(3) state that the eligible exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice.
(i)  If a request is not received by a clerk covered by Subsection (g) before the 31st day after the date of notice, the clerk may dispose of the eligible exhibit in the manner permitted by this article, including the delivery of the eligible exhibit for disposal as surplus or salvage property as described by Subsection (f).
(j) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the eligible exhibit.
(k)  In this article, "digital multimedia evidence" means evidence stored or transmitted in a binary form and includes data representing documents, audio, video metadata, and any other information attached to a digital file.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 212, ch. 119, Sec. 1, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 967, Sec. 1, eff. Sept. 1, 1993;  Subsecs. (a), (b) amended by Acts 1999, 76th Leg., ch. 580, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2005, 79th Leg., Ch. 1026, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 795, Sec. 10, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 829, Sec. 1, eff. September 1, 2009.
    
Art. 2.211. HATE CRIME REPORTING.  In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case.  The clerk shall make the report required by this article not later than the 30th day after the date the judgment is entered in the case.
  
Added by Acts 2001, 77th Leg., ch. 85, Sec. 4.01, eff. Sept. 1, 2001.
    
Art. 2.22. POWER OF DEPUTY CLERKS.  Whenever a duty is imposed upon the clerk of the district or county court, the same may be lawfully performed by his deputy.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 2.23.  REPORT TO ATTORNEY GENERAL.  (a)  The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review.
(b)  A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review.  The agency or office must provide the record not later than the 10th day after the date the request is received and in the form prescribed by the Attorney General.
(c)  A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the Attorney General under this article.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2005, 79th Leg., Ch. 933, Sec. 1, eff. September 1, 2005.
    
Art. 2.24. AUTHENTICATING OFFICER.  (a)  The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign for the governor or to use the governor's facsimile signature for signing any document that does not have legal effect under this code unless it is signed by the governor.
(b) To appoint an authenticating officer under this article, the governor shall file with the secretary of state a document that contains:
(1) the name of the person to be appointed as authenticating officer and a copy of the person's signature;
(2) the types of documents the authenticating officer is authorized to sign for the governor;  and
(3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature.
(c) The governor may revoke an appointment made under this article by filing with the secretary of state a document that expressly revokes the appointment of the authenticating agent.
(d) If an authenticating officer signs a document described in Subsection (a) of this article, the officer shall sign in the following manner:  "__________, Authenticating Officer for Governor __________."
(e) If a provision of this code requires the governor's signature on a document before that document has legal effect, the authorized signature of the authenticating officer or an authorized facsimile signature of the governor gives the document the same legal effect as if it had been signed manually by the governor.
  
Added by Acts 1983, 68th Leg., p. 4289, ch. 684, Sec. 1, eff. June 19, 1983.
    
Art. 2.25. REPORTING CERTAIN ALIENS TO FEDERAL GOVERNMENT.  A judge shall report to the United States Immigration and Naturalization Service a person who has been convicted in the judge's court of a crime or has been placed on deferred adjudication for a felony and is an illegal criminal alien as defined by Section 493.015(a), Government Code.
  
Added by Acts 1995, 74th Leg., ch. 85, Sec. 2, eff. May 16, 1995.
    
Art. 2.26.  DIGITAL SIGNATURE AND ELECTRONIC DOCUMENTS.  (a)  In this section, "digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the use of a manual signature.
(b)  An electronically transmitted document issued or received by a court or a clerk of the court in a criminal matter is considered signed if a digital signature is transmitted with the document.
(b-1)  An electronically transmitted document is a written document for all purposes and exempt from any additional writing requirement under this code or any other law of this state.
(c) This section does not preclude any symbol from being valid as a signature under other applicable law, including Section 1.201(39), Business & Commerce Code.
(d) The use of a digital signature under this section is subject to criminal laws pertaining to fraud and computer crimes, including Chapters 32 and 33, Penal Code.
  
Added by Acts 1999, 76th Leg., ch. 701, Sec. 1, eff. Aug. 30, 1999.
Amended by: 
Acts 2005, 79th Leg., Ch. 312, Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 312, Sec. 2, eff. June 17, 2005.
    
Text of section as amended by Acts 2003, 78th Leg., ch. 867, Sec. 2

Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING CHILD ABUSE.  On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Protective and Regulatory Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code. As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.
  
Added by Acts 2001, 77th Leg., ch. 492, Sec. 1, eff. Sept. 1, 2001;  amended by Acts 2003, 78th Leg., ch. 867, Sec. 2, eff. Sept. 1, 2003.
    
Text of section as amended by Acts 2003, 78th Leg., ch. 1210, Sec. 5

Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.  (a)  On receipt of a report alleging serious physical or sexual abuse of a child by a person responsible for the care, custody, or welfare of the child, an investigator from the appropriate local law enforcement agency shall investigate the report jointly with the Department of Protective and Regulatory Services or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code.
(b) On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code.
  
Added by Acts 2001, 77th Leg., ch. 492, Sec. 1, eff. Sept. 1, 2001;  amended by Acts 2003, 78th Leg., ch. 1210, Sec. 5, eff. Sept. 1, 2003.
    
Art. 2.28. DUTIES REGARDING MISUSED IDENTITY.  On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:
(1) notify the person that:
(A) the person's identifying information was misused by another person arrested in the county;
(B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code;  and
(C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code;  and
(2) notify the Department of Public Safety regarding:
(A) the misuse of the identifying information;
(B) the actual identity of the person arrested, if known by the agency;  and
(C) whether the agency was able to notify the person whose identifying information was misused.
  
Added by Acts 2003, 78th Leg., ch. 339, Sec. 1, eff. Sept. 1, 2003.
    
Art. 2.29.  REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.  (a)  A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the law enforcement agency that employs the peace officer that includes the following information:
(1)  the name of the victim;
(2)  the name of the suspect, if known;
(3)  the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and
(4)  the results of any investigation.
(b)  On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim.  In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a).
  
Added by Acts 2005, 79th Leg., Ch. 294, Sec. 1(a), eff. September 1, 2005.
    
Art. 2.30.  REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES.  (a)  This article applies only to the following offenses:
(1)  assault under Section 22.01, Penal Code;
(2)  aggravated assault under Section 22.02, Penal Code;
(3)  sexual assault under Section 22.011, Penal Code;
(4)  aggravated sexual assault under Section 22.021, Penal Code; and
(5)  terroristic threat under Section 22.07, Penal Code.
(b)  A peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a).
(c)  On request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is:
(1)  contained in the written report prepared under Subsection (b);
(2)  described by Article 5.05(a)(1) or (2); and
(3)  not exempt from disclosure under Chapter 552, Government Code, or other law.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1057, Sec. 1, eff. September 1, 2007.
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 3. DEFINITIONS

Art. 3.01. WORDS AND PHRASES.  All words, phrases and terms used in this Code are to be taken and understood in their usual acceptation in common language, except where specially defined.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 909, ch. 341, Sec. 1, eff. June 19, 1975.
    
Art. 3.02. CRIMINAL ACTION.  A criminal action is prosecuted in the name of the State of Texas against the accused, and is conducted by some person acting under the authority of the State, in accordance with its laws.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 3.03. OFFICERS.  The general term "officers" includes both magistrates and peace officers.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 3.04. OFFICIAL MISCONDUCT.  In this code:
(1) "Official misconduct" means an offense that is an intentional or knowing violation of a law committed by a public servant while acting in an official capacity as a public servant.
(2) "Public servant" has the meaning assigned by Section 1.07, Penal Code.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.03, eff. Sept. 1, 1994.
    
Art. 3.05. RACIAL PROFILING.  In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.
  
Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001.
      				
CHAPTER 4. COURTS AND CRIMINAL JURISDICTION

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION.  The following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts;  and
11. The magistrates appointed by the judges of the district courts of Lubbock County.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 101, eff. Sept. 1, 1981;  Acts 1983, 68th Leg., p. 883, ch. 204, Sec. 2, eff. Aug. 29, 1983;  Acts 1989, 71st Leg., ch. 25, Sec. 3, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 79, Sec. 2, eff. May 15, 1989;  Acts 1989, 71st Leg., ch. 1068, Sec. 3, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 4.03, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 413, Sec. 2, eff. Sept. 1, 1993.
    
Art. 4.02. EXISTING COURTS CONTINUED.  No existing courts shall be abolished by this Code and shall continue with the jurisdiction, organization, terms and powers currently existing unless otherwise provided by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.03. COURTS OF APPEALS.  The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.  This Article shall not be so construed as to embrace any case which has been appealed from any inferior court to the county court, the county criminal court, or county court at law, in which the fine imposed by the county court, the county criminal court or county court at law does not exceed one hundred dollars, unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 102, eff. Sept. 1, 1981.
    
Art. 4.04. COURT OF CRIMINAL APPEALS.
Sec. 1. The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari.  The court and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of such other writs as may be necessary to protect its jurisdiction or enforce its judgments.
Sec. 2. The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final.  The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals.  In addition, the Court of Criminal Appeals may, on its own motion, with or without a petition for such discretionary review being filed by one of the parties, review any decision of a court of appeals in a criminal case.  Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1971, 62nd Leg., p. 2536, Sec.6, eff. Aug. 30, 1971;  Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 103, eff. Sept. 1, 1981.
    
Art. 4.05. JURISDICTION OF DISTRICT COURTS.  District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1983, 68th Leg., p. 1585, ch. 303, Sec. 5, eff. Jan. 1, 1984.
    
Art. 4.06. WHEN FELONY INCLUDES MISDEMEANOR.  Upon the trial of a felony case, the court shall hear and determine the case as to any grade of offense included in the indictment, whether the proof shows a felony or a misdemeanor.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.07. JURISDICTION OF COUNTY COURTS.  The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 3, eff. Sept. 1, 1991.
    
Art. 4.08. APPELLATE JURISDICTION OF COUNTY COURTS.  The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.09. APPEALS FROM INFERIOR COURT.  If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from a justice or other inferior court will lie to the court to which such appellate jurisdiction has been transferred.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.10. TO FORFEIT BAIL BONDS.  County courts and county courts at law shall have jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which said courts have jurisdiction.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.11. JURISDICTION OF JUSTICE COURTS.  (a)  Justices of the peace shall have original jurisdiction in criminal cases:
(1) punishable by fine only or punishable by:
(A) a fine;  and
(B) as authorized by statute, a sanction not consisting of confinement or imprisonment;  or
(2) arising under Chapter 106, Alcoholic Beverage Code, that do not include confinement as an authorized sanction.
(b) The fact that a conviction in a justice court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the justice court.
(c)  A justice court has concurrent jurisdiction with a municipal court in criminal cases that arise in the municipality's extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 4, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 449, Sec. 1, eff. Sept. 1, 1995;  Subsec. (a) amended by Acts 1997, 75th Leg., ch. 533, Sec. 1, eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 1013, Sec. 38, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 612, Sec. 13, eff. September 1, 2007.
    
Art. 4.12. MISDEMEANOR CASES;  PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.  (a)  Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried:
(1) in the precinct in which the offense was committed;
(2) in the precinct in which the defendant or any of the defendants reside;  or
(3) with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county.
(b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held:
(1) in the next adjacent precinct in the same county which has a duly qualified justice court;  or
(2) in the precinct in which the defendant may reside.
(c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace.
(d) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a written plea of guilty or nolo contendere.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1, 1999;  Subsec. (d) added by Acts 2001, 77th Leg., ch. 145, Sec. 1, eff. Sept. 1, 2001.
    
Art. 4.13. JUSTICE MAY FORFEIT BOND.  A justice of the peace shall have the power to take forfeitures of all bonds given for the appearance of any party at his court, regardless of the amount.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.14. JURISDICTION OF MUNICIPAL COURT.  (a)  A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that:
(1) arise under the ordinances of the municipality;  and
(2) are punishable by a fine not to exceed:
(A) $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, including dumping of refuse;  or
(B) $500 in all other cases arising under a municipal ordinance.
(b) The municipal court shall have concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that:
(1) arise within the territorial limits of the municipality and are punishable by fine only, as defined in Subsection (c) of this article;  or
(2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction.
(c) In this article, an offense which is punishable by "fine only" is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment.
(d) The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the municipal court.
(e) The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction.
(f)  A municipality with a population of 1.9 million or more and another municipality contiguous to that municipality may enter into an agreement providing concurrent jurisdiction for the municipal courts of either jurisdiction for all criminal cases arising from offenses under state law that are:
(1)  committed on the boundary of those municipalities or within 200 yards of that boundary; and
(2)  punishable by fine only.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1983, 68th Leg., p. 3840, ch. 601, Sec. 3, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 329, Sec. 3, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 641, Sec. 2, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 680, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 449, Sec. 3, eff. Sept. 1, 1995;  Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1013, Sec. 39, eff. Sept. 1, 1997;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 533, Sec. 2, eff. Sept. 1, 1997.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 230, Sec. 1, eff. September 1, 2009.
    
Art. 4.15. MAY SIT AT ANY TIME.  Justice courts and corporation courts may sit at any time to try criminal cases over which they have jurisdiction.  Any case in which a fine may be assessed shall be tried in accordance with the rules of evidence and this Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.16. CONCURRENT JURISDICTION.  When two or more courts have concurrent jurisdiction of any criminal offense, the court in which an indictment or a complaint shall first be filed shall retain jurisdiction except as provided in Article 4.12.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 4.17. TRANSFER OF CERTAIN MISDEMEANORS.  On a plea of not guilty to a misdemeanor offense punishable by confinement in jail, entered in a county court of a judge who is not a licensed attorney, on the motion of the state or the defendant, the judge may transfer the case to a district court having jurisdiction in the county or to a county court at law in the county presided over by a judge who is a licensed attorney.  The judge may make the transfer on his own motion. The attorney representing the state in the case in county court shall continue the prosecution in the court to which the case is transferred.  Provided, in no case may any such case be transferred to a district court except with the written consent of the judge of the district court to which the transfer is sought.
  
Added by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 6, eff. Jan. 1, 1984.  Amended by Acts 1989, 71st Leg., ch. 295, Sec. 1, eff. Sept. 1, 1989.
    
Art. 4.18. CLAIM OF UNDERAGE.  (a)  A claim that a district court or criminal district court does not have jurisdiction over a person because jurisdiction is exclusively in the juvenile court and that the juvenile court could not waive jurisdiction under Section 8.07(a), Penal Code, or did not waive jurisdiction under Section 8.07(b), Penal Code, must be made by written motion in bar of prosecution filed with the court in which criminal charges against the person are filed.
(b) The motion must be filed and presented to the presiding judge of the court:
(1) if the defendant enters a plea of guilty or no contest, before the plea;
(2) if the defendant's guilt or punishment is tried or determined by a jury, before selection of the jury begins;  or
(3) if the defendant's guilt is tried by the court, before the first witness is sworn.
(c) Unless the motion is not contested, the presiding judge shall promptly conduct a hearing without a jury and rule on the motion.  The party making the motion has the burden of establishing by a preponderance of the evidence those facts necessary for the motion to prevail.
(d) A person may not contest the jurisdiction of the court on the ground that the juvenile court has exclusive jurisdiction if:
(1) the person does not file a motion within the time requirements of this article;  or
(2) the presiding judge finds under Subsection (c) that a motion made under this article does not prevail.
(e) An appellate court may review a trial court's determination under this article, if otherwise authorized by law, only after conviction in the trial court.
(f) A court that finds that it lacks jurisdiction over a case because exclusive jurisdiction is in the juvenile court shall transfer the case to the juvenile court as provided by Section 51.08, Family Code.
(g) This article does not apply to a claim of a defect or error in a discretionary transfer proceeding in juvenile court.  A defendant may appeal a defect or error only as provided by Article 44.47.
  
Added by Acts 1995, 74th Leg., ch. 262, Sec. 80, eff. Jan. 1, 1996.  Amended by Acts 1999, 76th Leg., ch. 1477, Sec. 27, eff. Sept. 1, 1999;  Subsec. (g) added by Acts 1999, 76th Leg., ch. 1477, Sec. 28, eff. Sept. 1, 1999.
      				
CHAPTER 5. FAMILY VIOLENCE PREVENTION

Art. 5.01. LEGISLATIVE STATEMENT.  (a)  Family violence is a serious danger and threat to society and its members.  Victims of family violence are entitled to the maximum protection from harm or abuse or the threat of harm or abuse as is permitted by law.
(b) In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers shall protect the victim, without regard to the relationship between the alleged offender and victim.
  
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.
    
Art. 5.02. DEFINITIONS.  In this chapter, "family violence," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code.
  
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(c), eff. Sept. 1, 2003.
    
Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE AN EXCEPTION TO OFFICIAL DUTIES.  A general duty prescribed for an officer by Chapter 2 of this code is not waived or excepted in any family violence case or investigation because of a family or household relationship between an alleged violator and the victim of family violence.  A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, is not waived or excepted because of a family or household relationship between the potential violator and victim.
  
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.
    
Art. 5.04. DUTIES OF PEACE OFFICERS.  (a)  The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect any potential victim of family violence, enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.
(a-1)  A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the address of a current licensed foster home or verified agency foster home listed in the Texas Crime Information Center.
(b) A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including giving written notice of a victim's legal rights and remedies and of the availability of shelter or other community services for family violence victims.
(c) A written notice required by Subsection (b) of this article is sufficient if it is in substantially the following form with the required information in English and in Spanish inserted in the notice:
"It is a crime for any person to cause you any physical injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR FAMILY OR HOUSEHOLD.
"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE

"Please tell the investigating peace officer:
"IF you, your child, or any other household resident has been injured; or
"IF you feel you are going to be in danger when the officer leaves or later.
"You have the right to:
"ASK the local prosecutor to file a criminal complaint against the person committing family violence; and
"APPLY to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or a private attorney). If a family or household member assaults you and is arrested, you may request that a magistrate's order for emergency protection be issued.  Please inform the investigating officer if you want an order for emergency protection.  You need not be present when the order is issued.  You cannot be charged a fee by a court in connection with filing, serving, or entering a protective order.  For example, the court can enter an order that:
"(1) the abuser not commit further acts of violence;
"(2) the abuser not threaten, harass, or contact you at home;
"(3) directs the abuser to leave your household;  and
"(4) establishes temporary custody of the children and directs the abuser not to interfere with the children or any property.
"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS IF YOU NEED PROTECTION:
"____________________________
"____________________________."
  
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 366, Sec. 4, eff. Sept. 1, 1991;  Subsec. (c) amended by Acts 1995, 74th Leg., ch. 1024, Sec. 24, eff. Sept. 1, 1995;  Subsec. (a) amended by Acts 1997, 75th Leg., ch. 1193, Sec. 23, eff. Sept. 1, 1997;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 610, Sec. 2, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 524, Sec. 2, eff. June 16, 2007.
    
Art. 5.045. STANDBY ASSISTANCE;  LIABILITY.  (a)  In the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner.
(b) A peace officer who provides assistance under Subsection (a) of this article is not:
(1) civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance;  or
(2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
  
Added by Acts 1995, 74th Leg., ch. 565, Sec. 1, eff. June 14, 1995.
    
Art. 5.05. REPORTS AND RECORDS.  (a)  A peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a written report, including but not limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries;  and
(4) a description of the incident and a statement of its disposition.
(a-1)  In addition to the written report required under Subsection (a), a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and Protective Services if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency foster home as listed in the Texas Crime Information Center.  The report under this subsection may be made orally or electronically and must:
(1)  include the information required by Subsection (a); and
(2)  be filed with the Department of Family and Protective Services within 24 hours of the beginning of the investigation or receipt of the disturbance call.
(b)  Each local law enforcement agency shall establish a departmental code for identifying and retrieving family violence reports as outlined in Subsection (a) of this section.  A district or county attorney or an assistant district or county attorney exercising authority in the county where the law enforcement agency maintains records under this section is entitled to access to the records.  The Department of Family and Protective Services is entitled to access the records relating to any person who is 14 years of age or older and who resides in a licensed foster home or a verified agency foster home.
(c) In order to ensure that officers responding to calls are aware of the existence and terms of protective orders, each municipal police department and sheriff shall establish procedures within the department or office to provide adequate information or access to information for law enforcement officers of the names of persons protected by a protective order and of persons to whom protective orders are directed.
(d) Each law enforcement officer shall accept a certified copy of an original or modified protective order as proof of the validity of the order and it is presumed the order remains valid unless:
(1) the order contains a termination date that has passed;
(2) it is more than one year after the date the order was issued;  or
(3) the law enforcement officer has been notified by the clerk of the court vacating the order that the order has been vacated.
(e) A peace officer who makes a report under Subsection (a) of this article shall provide information concerning the incident or disturbance to the bureau of identification and records of the Department of Public Safety for its recordkeeping function under Section 411.042, Government Code.  The bureau shall prescribe the form and nature of the information required to be reported to the bureau by this article.
(f)  On request of a victim of an incident of family violence, the local law enforcement agency responsible for investigating the incident shall provide the victim, at no cost to the victim, with any information that is:
(1)  contained in the written report prepared under Subsection (a);
(2)  described by Subsection (a)(1) or (2); and
(3)  not exempt from disclosure under Chapter 552, Government Code, or other law.
  
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Subsec. (d) amended by Acts 1989, 71st Leg., ch. 614, Sec. 27, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 739, Sec. 8, eff. Sept. 1, 1989;  Subsec. (a) amended by and Subsec. (e) added by Acts 1993, 73rd Leg., ch. 900, Sec. 8.01, eff. Sept. 1, 1993.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 524, Sec. 3, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1057, Sec. 2, eff. September 1, 2007.
    
Art. 5.06. DUTIES OF PROSECUTING ATTORNEYS AND COURTS.  (a)  Neither a prosecuting attorney nor a court may:
(1) dismiss or delay any criminal proceeding that involves a prosecution for an offense that constitutes family violence because a civil proceeding is pending or not pending;  or
(2) require proof that a complaining witness, victim, or defendant is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship before presenting a criminal allegation to a grand jury, filing an information, or otherwise proceeding with the prosecution of a criminal case.
(b) A prosecuting attorney's decision to file an application for a protective order under Chapter 71, Family Code, should be made without regard to whether a criminal complaint has been filed by the applicant.  A prosecuting attorney may require the applicant to provide information for an offense report, relating to the facts alleged in the application, with a local law enforcement agency.
(c) The prosecuting attorney having responsibility under Section 71.04(c), Family Code, for filing applications for protective orders under Chapter 71, Family Code, shall provide notice of that responsibility to all law enforcement agencies within the jurisdiction of the prosecuting attorney for the prosecuting attorney.
  
Added by Acts 1985, 69th Leg., ch. 583, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 614, Sec. 28, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 739, Sec. 9, eff. Sept. 1, 1989.  Subsec. (c) added by Acts 1995, 74th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1995;  added by Acts 1995, 74th Leg., ch. 1024, Sec. 25, eff. Sept. 1, 1995.
    
Art. 5.07. VENUE FOR PROTECTIVE ORDER OFFENSES.  The venue for an offense under Section 25.07, Penal Code, is in the county in which the order was issued or, without regard to the identity or location of the court that issued the protective order, in the county in which the offense was committed.
  
Added by Acts 1989, 71st Leg., ch. 614, Sec. 29, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 739, Sec. 10, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.16, eff. Sept. 1, 1995.
    
Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.  Notwithstanding Article 26.13(g) or Section 11(a)(16), Article 42.12, of this code, in a criminal prosecution arising from family violence, as that term is defined by Section 71.004, Family Code, a court shall not refer or order the victim or the defendant involved to mediation, dispute resolution, arbitration, or other similar procedures.
  
Added by Acts 1999, 76th Leg., ch. 389, Sec. 1, eff. Aug. 30, 1999.
   
CHAPTER 6. PREVENTING OFFENSES BY THE ACT OF MAGISTRATES AND OTHER OFFICERS

Art. 6.01. WHEN MAGISTRATE HEARS THREAT.  It is the duty of every magistrate, when he may have heard, in any manner, that a threat has been made by one person to do some injury to himself or the person or property of another, including the person or property of his spouse, immediately to give notice to some peace officer, in order that such peace officer may use lawful means to prevent the injury.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
    
Art. 6.02. THREAT TO TAKE LIFE.  If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse, or himself, the magistrate shall issue a warrant for the arrest of the person making the threat, or in case of emergency, he may himself immediately arrest such person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
    
Art. 6.03. ON ATTEMPT TO INJURE.  Whenever, in the presence or within the observation of a magistrate, an attempt is made by one person to inflict an injury upon himself or to the person or property of another, including the person or property of his spouse, it is his duty to use all lawful means to prevent the injury.  This may be done, either by verbal order to a peace officer to interfere and prevent the injury, or by the issuance of an order of arrest against the offender, or by arresting the offender;  for which purpose he may call upon all persons present to assist in making the arrest.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
    
Art. 6.04. MAY COMPEL OFFENDER TO GIVE SECURITY.  When the person making such threat is brought before a magistrate, he may compel him to give security to keep the peace, or commit him to custody.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 6.05. DUTY OF PEACE OFFICER AS TO THREATS.  It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power;  and, in order to do this, he may call in aid any number of citizens in his county.  He may take such measures as the person about to be injured might for the prevention of the offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
    
Art. 6.06. PEACE OFFICER TO PREVENT INJURY.  Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it;  and, for this purpose the peace officer may summon any number of the citizens of his county to his aid.  The peace officer must use the amount of force necessary to prevent the commission of the offense, and no greater.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 366, ch. 164, Sec. 1, eff. Sept. 1, 1979.
    
Art. 6.07. CONDUCT OF PEACE OFFICER.  The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured.  They may use all force necessary to repel the aggression.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 6.08. PROTECTIVE ORDER PROHIBITING OFFENSE CAUSED BY BIAS OR PREJUDICE.  (a)  At any proceeding in which the defendant appears in constitutional county court, statutory county court, or district court that is related to an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, in which it is alleged that the defendant committed the offense because of bias or prejudice as described by Article 42.014, a person may request the court to render a protective order under Title 4, Family Code, for the protection of the person.
(b) The court shall render a protective order in the manner provided by Title 4, Family Code, if, in lieu of the finding that family violence occurred and is likely to occur in the future as required by Section 85.001, Family Code, the court finds that probable cause exists to believe that an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, occurred, that the defendant committed the offense because of bias or prejudice, and that the nature of the scheme or course of conduct engaged in by the defendant in the commission of the offense indicates that the defendant is likely to engage in the future in conduct prohibited by Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, and committed because of bias or prejudice.
(c) The procedure for the enforcement of a protective order under Title 4, Family Code, applies to the fullest extent practicable to the enforcement of a protective order under this article, including provisions relating to findings, contents, duration, warning, delivery, law enforcement duties, and modification, except that:
(1) the printed statement on the warning must refer to the prosecution of subsequent offenses committed because of bias or prejudice;
(2) the court shall require a constable to serve a protective order issued under this article;  and
(3) the clerk of the court shall forward a copy of a protective order issued under this article to the Department of Public Safety with a designation indicating that the order was issued to prevent offenses committed because of bias or prejudice.
(d) For an original or modified protective order rendered under this article, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, but not later than the 10th day after the date the order is received, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
  
Added by Acts 2001, 77th Leg., ch. 85, Sec. 3.01, eff. Sept. 1, 2001.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 7. PROCEEDINGS BEFORE MAGISTRATES TO PREVENT OFFENSES

Art. 7.01. SHALL ISSUE WARRANT.  Whenever a magistrate is informed upon oath that an offense is about to be committed against the person or property of the informant, or of another, or that any person has threatened to commit an offense, the magistrate shall immediately issue a warrant for the arrest of the accused;  that he may be brought before such magistrate or before some other named in the warrant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.02. APPEARANCE BOND PENDING PEACE BOND HEARING.  In proceedings under this Chapter, the accused shall have the right to make an appearance bond;  such bond shall be conditioned as appearance bonds in other cases, and shall be further conditioned that the accused, pending the hearing, will not commit such offense and that he will keep the peace toward the person threatened or about to be injured, and toward all others, pending the hearing.  Should the accused enter into such appearance bond, such fact shall not constitute any evidence of the accusation brought against him at the hearing on the merits before the magistrate.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.03. ACCUSED BROUGHT BEFORE MAGISTRATE.  When the accused has been brought before the magistrate, he shall hear proof as to the accusation, and if he be satisfied that there is just reason to apprehend that the offense was intended to be committed, or that the threat was seriously made, he shall make an order that the accused enter into bond in such sum as he may in his discretion require, conditioned that he will not commit such offense, and that he will keep the peace toward the person threatened or about to be injured, and toward all others named in the bond for any period of time, not to exceed one year from the date of the bond.  The magistrate shall admonish the accused that if the accused violates a condition of the bond, the court, in addition to ordering forfeiture of the bond, may punish the accused for contempt under Section 21.002(c), Government Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1997, 75th Leg., ch. 773, Sec. 1, eff. Sept. 1, 1997.
    
Art. 7.04. FORM OF PEACE BOND.  Such bond shall be sufficient if it be payable to the State of Texas, conditioned as required in said order of the magistrate, be for some certain sum, and be signed by the defendant and his surety or sureties and dated, and the provisions of Article 17.02 permitting the deposit of current United States money in lieu of sureties is applicable to this bond.  No error of form shall vitiate such bond, and no error in the proceedings prior to the execution of the bond shall be a defense in a suit thereon.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.05. OATH OF SURETY;  BOND FILED.  The officer taking such bond shall require the sureties of the accused to make oath as to the value of their property as pointed out with regard to bail bonds.  Such officer shall forthwith deposit such bond and oaths in the office of the clerk of the county where such bond is taken.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.06. AMOUNT OF BAIL.  The magistrate, in fixing the amount of such bonds, shall be governed by the pecuniary circumstances of the accused and the nature of the offense threatened or about to be committed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.07. SURETY MAY EXONERATE HIMSELF.  A surety upon any such bond may, at any time before a breach thereof, exonerate himself from the obligations of the same by delivering to any magistrate of the county where such bond was taken, the person of the defendant;  and such magistrate shall in that case again require of the defendant bond, with other security in the same amount as the first bond;  and the same proceeding shall be had as in the first instance, but the one year's time shall commence to run from the date of the first order.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.08. FAILURE TO GIVE BOND.  If the defendant fail to give bond, he shall be committed to jail for one year from the date of the first order requiring such bond.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.09. DISCHARGE OF DEFENDANT.  A defendant committed for failing to give bond shall be discharged by the officer having him in custody, upon giving the required bond, or at the expiration of the time for which he has been committed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.10. MAY DISCHARGE DEFENDANT.  If the magistrate believes from the evidence that there is no good reason to apprehend that the offense was intended or will be committed, or that no serious threat was made by the defendant, he shall discharge the accused, and may, in his discretion, tax the cost of the proceeding against the party making the complaint.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.13. WHEN THE DEFENDANT HAS COMMITTED A CRIME.  If it appears from the evidence before the magistrate that the defendant has committed a criminal offense, the same proceedings shall be had as in other cases where parties are charged with crime.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.14. COSTS.  If the accused is found subject to the charge and required to give bond, the costs of the proceedings shall be adjudged against him.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.15. MAY ORDER PROTECTION.  When, from the nature of the case and the proof offered to the magistrate, it may appear necessary and proper, he shall have a right to order any peace officer to protect the person or property of any individual threatened;  and such peace officer shall have the right to summon aid by requiring any number of citizens of his county to assist in giving the protection.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.16. SUIT ON BOND.  A suit to forfeit any bond taken under the provisions of this Chapter shall be brought in the name of the State by the district or county attorney in the county where the bond was taken.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.17. LIMITATION AND PROCEDURE.  Suits upon such bonds shall be commenced within two years from the breach of the same, and not thereafter, and shall be governed by the same rules as civil actions, except that the sureties may be sued without joining the principal.  To entitle the State to recover, it shall only be necessary to prove that the accused violated any condition of said bond.  The full amount of such bond may be recovered of the accused and the sureties.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 7.18. CONTEMPT.  Violation of a condition of bond imposed under this chapter is punishable by:
(1) forfeiture of the bond;
(2) imposition of the fine and confinement for contempt under Section 21.002(c), Government Code;  or
(3) both forfeiture of the bond and imposition of the fine and confinement.
  
Added by Acts 1997, 75th Leg., ch. 773, Sec. 2, eff. Sept. 1, 1997.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT

Art. 7A.01. APPLICATION FOR PROTECTIVE ORDER.  (a)  A person who is the victim of an offense under Section 21.02, 21.11, 22.011, or 22.021, Penal Code, a parent or guardian acting on behalf of a person younger than 17 years of age who is the victim of such an offense, or a prosecuting attorney acting on behalf of the person may file an application for a protective order under this chapter without regard to the relationship between the applicant and the alleged offender.
(b) An application for a protective order under this chapter may be filed in a district court, juvenile court having the jurisdiction of a district court, statutory county court, or constitutional county court in:
(1) the county in which the applicant resides;  or
(2) the county in which the alleged offender resides.
  
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.05, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 882, Sec. 1, eff. September 1, 2007.
    
Art. 7A.02. TEMPORARY EX PARTE ORDER.  If the court finds from the information contained in an application for a protective order that there is a clear and present danger of a sexual assault or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the applicant's family or household.
  
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
    
Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER.  (a)  At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are reasonable grounds to believe that the applicant is  the victim of a sexual assault and:
(1)  is younger than 18 years of age; or
(2)  regardless of age, is the subject of a threat that reasonably places the  applicant in fear of further harm from the alleged offender.
(b)  If the court finds reasonable grounds to believe that the applicant is the victim of a sexual assault and is younger than 18 years of age, or regardless of age, the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender, the court shall issue a protective order that includes a statement of the required findings.
  
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 882, Sec. 2, eff. September 1, 2007.
    
Art. 7A.04. APPLICATION OF OTHER LAW.  To the extent applicable, except as otherwise provided by this chapter, Title 4, Family Code, applies to a protective order issued under this chapter.
  
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
    
Art. 7A.05. CONDITIONS SPECIFIED BY ORDER.  (a)  In a protective order issued under this chapter, the court may:
(1) order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to prevent or reduce the likelihood of future harm to the applicant or a member of the applicant's family or household;  or
(2) prohibit the alleged offender from:
(A) communicating directly or indirectly with the applicant or any member of the applicant's family or household in a threatening or harassing manner;
(B) going to or near the residence, place of employment or business, or child-care facility or school of the applicant or any member of the applicant's family or household;
(C) engaging in conduct directed specifically toward the applicant or any member of the applicant's family or household, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;  and
(D) possessing a firearm, unless the alleged offender is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
(b) In an order under Subsection (a)(2)(B), the court shall specifically describe each prohibited location and the minimum distance from the location, if any, that the alleged offender must maintain.  This subsection does not apply to an order with respect to which the court has received a request to maintain confidentiality of information revealing the locations.
(c) In a protective order, the court may suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, that is held by the alleged offender.
  
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
    
Art. 7A.06. WARNING ON PROTECTIVE ORDER.  (a)  Each protective order issued under this chapter, including a temporary ex parte order, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
(b) Each protective order issued under this chapter, except for a temporary ex parte order, must contain the following prominently displayed statement in boldfaced type, capital letters, or underlined:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."
  
Added by Acts 2003, 78th Leg., ch. 836, Sec. 1, eff. Sept. 1, 2003.
    
Art. 7A.07.  DURATION OF PROTECTIVE ORDER.  (a)  A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim as provided by Subsection (b), or for any shorter period stated in the order.  If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
(b)  A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim only if the court finds reasonable cause to believe that the victim is the subject of a threat that reasonably places the victim in fear of further harm from the alleged offender.
(c)  A victim who is 17 years of age or older or a parent or guardian acting on behalf of a victim who is younger than 17 years of age may file at any time an application with the court to rescind the protective order.
(d)  If a person who is the subject of a protective order issued under Article 7A.03 is confined or imprisoned on the date the protective order is due to expire under Subsection (a), the period for which the order is effective is extended, and the order expires on the first anniversary of the date the person is released from confinement or imprisonment.
(e)  To the extent of any conflict with Section 85.025, Family Code, this article prevails.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 882, Sec. 3, eff. September 1, 2007.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 8. SUPPRESSION OF RIOTS AND OTHER DISTURBANCES

Art. 8.01. OFFICER MAY REQUIRE AID.  When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may command as many of the citizens of his county as he may think proper;  and the sheriff may call any military company in the county to aid him in overcoming the resistance, and if necessary, in seizing and arresting the persons engaged in such resistance.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.02. MILITARY AID IN EXECUTING PROCESS.  If it be represented to the Governor in such manner as to satisfy him that the power of the county is not sufficient to enable the sheriff to execute process, he may, on application, order any military company of volunteers or militia company from another county to aid in overcoming such resistance.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.03. MILITARY AID IN SUPPRESSING RIOTS.  Whenever, for the purpose of suppressing riots or unlawful assemblies, the aid of military or militia companies is called, they shall obey the orders of the civil officer who is engaged in suppressing the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.04. DISPERSING RIOT.  Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse.  This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.05. OFFICER MAY CALL AID.  In order to enable the officer to disperse a riot, he may call to his aid the power of the county in the same manner as is provided where it is necessary for the execution of process.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.06. MEANS ADOPTED TO SUPPRESS.  The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is requisite to accomplish that object.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.07. UNLAWFUL ASSEMBLY.  The Articles of this Chapter relating to the suppression of riots apply equally to an unlawful assembly and other unlawful disturbances, as defined by the Penal Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.08. SUPPRESSION AT ELECTION.  To suppress riots, unlawful assemblies and other disturbances at elections, any magistrate may appoint a sufficient number of special constables.  Such appointments shall be made to each special constable, shall be in writing, dated and signed by the magistrate, and shall recite the purposes for which such appointment is made, and the length of time it is to continue.  Before the same is delivered to such special constable, he shall take an oath before the magistrate to suppress, by lawful means, all riots, unlawful assemblies and breaches of the peace of which he may receive information, and to act impartially between all parties and persons interested in the result of the election.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 8.09. POWER OF SPECIAL CONSTABLE.  Special constables so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 9. OFFENSES INJURIOUS TO PUBLIC HEALTH

Art. 9.01. TRADE INJURIOUS TO HEALTH.  After an indictment or information has been presented against any person for carrying on a trade, business or occupation injurious to the health of those in the neighborhood, the court shall have power, on the application of anyone interested, and after hearing proof both for and against the accused, to restrain the defendant, in such penalty as may be deemed proper, from carrying on such trade, business or occupation, or may make such order respecting the manner and place of carrying on the same as may be deemed advisable;  and if upon trial, the defendant be convicted, the restraint shall be made perpetual, and the party shall be required to enter into bond, with security, not to continue such trade, business or occupation to the detriment of the health of such neighborhood, or of any other neighborhood within the county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 9.02. REFUSAL TO GIVE BOND.  If the party refuses to give bond when required under the provisions of the preceding Article, the court may either commit him to jail, or make an order requiring the sheriff to seize upon the implements of such trade, business or occupation, or the goods and property used in conducting such trade, business or occupation, and destroy the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 9.03. REQUISITES OF BOND.  Such bond shall be payable to the State of Texas, in a reasonable amount to be fixed by the court, conditioned that the defendant will not carry on such trade, business or occupation, naming the same, at such place, naming the place, or at any other place in the county, to the detriment of the health of the neighborhood.  The bond shall be signed by the defendant and his sureties and dated, and shall be approved by the court taking the same, and filed in such court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 9.04. SUIT UPON BOND.  Any such bond, upon the breach thereof, may be sued upon by the district or county attorney, in the name of the State of Texas, within two years after such breach, and not afterwards;  and such suits shall be governed by the same rules as civil actions.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 9.05. PROOF.  It shall be sufficient proof of the breach of any such bond to show that the party continued after executing the same, to carry on the trade, business or occupation which he bound himself to discontinue;  and the full amount of such bond may be recovered of the defendant and his sureties.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 9.06. UNWHOLESOME FOOD.  After conviction for selling unwholesome food or adulterated medicine, the court shall enter and issue an order to the sheriff or other proper officer to seize and destroy such as remains in the hands of the defendant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
  	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 10. OBSTRUCTIONS OF PUBLIC HIGHWAYS

Art. 10.01. ORDER TO REMOVE.  After prosecution begun against any person for obstructing any highway, any one, in behalf of the public, may apply to the county judge of the county in which such highway is situated;  and upon hearing proof, such judge, either in term time or in vacation, may issue his written order to the sheriff or other proper officer of the county, directing him to remove the obstruction.  Before the issuance of such order, the applicant therefor shall give bond with security in an amount to be fixed by the judge, to indemnify the accused, in case of his acquittal, for the loss he sustains.  Such bond shall be approved by the county judge and filed with the papers in the cause.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 10.02. BOND OF APPLICANT.  If the defendant be acquitted after a trial upon the merits of the case, he may maintain a civil action against the applicant and his sureties upon such bond, and may recover the full amount of the bond, or such damages, less than the full amount thereof, as may be assessed by a court or jury;  provided, he shows on the trial that the place was not in fact, at the time he placed the obstruction or impediment thereupon, a public highway established by proper authority, but was in fact his own property or in his lawful possession.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 10.03. REMOVAL.  Upon the conviction of a defendant for obstructing a public highway, if such obstruction still exists, the court shall order the sheriff or other proper officer to forthwith remove the same at the cost of the defendant, to be taxed and collected as other costs in the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      					  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 11. HABEAS CORPUS

Art. 11.01. WHAT WRIT IS.  The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty.  It is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.02. TO WHOM DIRECTED.  The writ runs in the name of "The State of Texas".  It is addressed to a person having another under restraint, or in his custody, describing, as near as may be, the name of the office, if any, of the person to whom it is directed, and the name of the person said to be detained.  It shall fix the time and place of return, and be signed by the judge, or by the clerk with his seal, where issued by a court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.03. WANT OF FORM.  The writ of habeas corpus is not invalid, nor shall it be disobeyed for any want of form, if it substantially appear that it is issued by competent authority, and the writ sufficiently show the object of its issuance.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.04. CONSTRUCTION.  Every provision relating to the writ of habeas corpus shall be most favorably construed in order to give effect to the remedy, and protect the rights of the person seeking relief under it.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.05. BY WHOM WRIT MAY BE GRANTED.  The Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts, have power to issue the writ of habeas corpus;  and it is their duty, upon proper motion, to grant the writ under the rules prescribed by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.051. FILING FEE PROHIBITED.  Notwithstanding any other law, a clerk of a court may not require a filing fee from an individual who files an application or petition for a writ of habeas corpus.
  
Added by Acts 1999, 76th Leg., ch. 392, Sec. 1, eff. Aug. 30, 1999.
    
Art. 11.06. RETURNABLE TO ANY COUNTY.  Before indictment found, the writ may be made returnable to any county in the State.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.07. PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTY.
Sec. 1. This article establishes the procedures for an application for writ of habeas corpus in which the applicant seeks relief from a felony judgment imposing a penalty other than death.
Sec. 2. After indictment found in any felony case, other than a case in which the death penalty is imposed, and before conviction, the writ must be made returnable in the county where the offense has been committed.
Sec. 3.  (a)  After final conviction in any felony case, the writ must be made returnable to the Court of Criminal Appeals of Texas at Austin, Texas.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court. When the application is received by that court, a writ of habeas corpus, returnable to the Court of Criminal Appeals, shall issue by operation of law.  The clerk of that court shall make appropriate notation thereof, assign to the case a file number (ancillary to that of the conviction being challenged), and forward a copy of the application by certified mail, return receipt requested, or by personal service to the attorney representing the state in that court, who shall answer the application not later than the 15th day after the date the copy of the application is received.  Matters alleged in the application not admitted by the state are deemed denied.
(c) Within 20 days of the expiration of the time in which the state is allowed to answer, it shall be the duty of the convicting court to decide whether there are controverted, previously unresolved facts material to the legality of the applicant's confinement.  Confinement means confinement for any offense or any collateral consequence resulting from the conviction that is the basis of the instant habeas corpus.  If the convicting court decides that there are no such issues, the clerk shall immediately transmit to the Court of Criminal Appeals a copy of the application , any answers filed, and a certificate reciting the date upon which that finding was made.  Failure of the court to act within the allowed 20 days shall constitute such a finding.
(d)  If the convicting court decides that there are controverted, previously unresolved facts which are material to the legality of the applicant's confinement, it shall enter an order within 20 days of the expiration of the time allowed for the state to reply, designating the issues of fact to be resolved.  To resolve those issues the court may order affidavits, depositions, interrogatories, additional forensic testing, and hearings, as well as using personal recollection. The state shall pay the cost of additional forensic testing ordered under this subsection, except that the applicant shall pay the cost of the testing if the applicant retains counsel for purposes of filing an application under this article.  The convicting court may appoint an attorney or a magistrate to hold a hearing and make findings of fact.  An attorney so appointed shall be compensated as provided in Article 26.05 of this code.  It shall be the duty of the reporter who is designated to transcribe a hearing held pursuant to this article to prepare a transcript within 15 days of its conclusion.  After the convicting court makes findings of fact or approves the findings of the person designated to make them, the clerk of the convicting court shall immediately transmit to the Court of Criminal Appeals, under one cover, the application, any answers filed, any motions filed, transcripts of all depositions and hearings, any affidavits, and any other matters such as official records used by the court in resolving issues of fact.
(e)  For the purposes of Subsection (d), "additional forensic testing" does not include forensic DNA testing as provided for in Chapter 64.
Sec. 4.  (a)  If a subsequent application for writ of habeas corpus is filed after final disposition of an initial application challenging the same conviction, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that:
(1) the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application;  or
(2) by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.
(b) For purposes of Subsection (a)(1), a legal basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the legal basis was not recognized by and could not have been reasonably formulated from a final decision of the United States Supreme Court, a court of appeals of the United States, or a court of appellate jurisdiction of this state on or before that date.
(c) For purposes of Subsection (a)(1), a factual basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the factual basis was not ascertainable through the exercise of reasonable diligence on or before that date.
Sec. 5. The Court of Criminal Appeals may deny relief upon the findings and conclusions of the hearing judge without docketing the cause, or may direct that the cause be docketed and heard as though originally presented to said court or as an appeal.  Upon reviewing the record the court shall enter its judgment remanding the applicant to custody or ordering his release, as the law and facts may justify.  The mandate of the court shall issue to the court issuing the writ, as in other criminal cases.  After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.
Sec. 6. Upon any hearing by a district judge by virtue of this Act, the attorney for applicant, and the state, shall be given at least seven full days' notice before such hearing is held.
Sec. 7. When the attorney for the state files an answer, motion, or other pleading relating to an application for a writ of habeas corpus or the court issues an order relating to an application for a writ of habeas corpus, the clerk of the court shall mail or deliver to the applicant a copy of the answer, motion, pleading, or order.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1734, ch. 659, Sec. 7, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 1271, ch. 465, Sec. 2, eff. June 14, 1973.
      
Sec. 2 amended by Acts 1977, 65th Leg., p. 1974, ch. 789, Sec. 1, eff. Aug. 29, 1977;  Sec. 5 added by Acts 1979, 66th Leg., p. 1017, ch. 451, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1995, 74th Leg., ch. 319, Sec. 5, eff. Sept. 1, 1995;  Sec. 3(b) amended by Acts 1999, 76th Leg., ch. 580, Sec. 2, eff. Sept. 1, 1999.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1006, Sec. 1, eff. September 1, 2007.
    
Art. 11.071. PROCEDURE IN DEATH PENALTY CASE.
Application to Death Penalty Case

Sec. 1. Notwithstanding any other provision of this chapter, this article establishes the procedures for an application for a writ of habeas corpus in which the applicant seeks relief from a judgment imposing a penalty of death.
Representation by Counsel

Sec. 2.  (a)  An applicant shall be represented by competent counsel unless the applicant has elected to proceed pro se and the convicting trial court finds, after a hearing on the record, that the applicant's election is intelligent and voluntary.
(b)  If a defendant is sentenced to death the convicting court, immediately after judgment is entered under Article 42.01, shall determine if the defendant is indigent and, if so, whether the defendant desires appointment of counsel for the purpose of a writ of habeas corpus.  If the defendant desires appointment of counsel for the purpose of a writ of habeas corpus, the court shall appoint the office of capital writs to represent the defendant as provided by Subsection (c).
(c)  At the earliest practical time, but in no event later than 30 days, after the convicting court makes the findings required under Subsections (a) and (b), the convicting court shall appoint the office of capital writs or, if the office of capital writs does not accept or is prohibited from accepting an appointment under Section 78.054, Government Code, other competent counsel under Subsection (f), unless the applicant elects to proceed pro se or is represented by retained counsel.  On appointing counsel under this section, the convicting court shall immediately notify the court of criminal appeals of the appointment, including in the notice a copy of the judgment and the name, address, and telephone number of the appointed counsel.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 11, eff. January 1, 2010.
(e)  If the court of criminal appeals denies an applicant relief under this article, an attorney appointed under this section to represent the applicant shall, not later than the 15th day after the date the court of criminal appeals denies relief or, if the case is filed and set for submission, the 15th day after the date the court of criminal appeals issues a mandate on the initial application for a writ of habeas corpus under this article, move for the appointment of counsel in federal habeas review under 18 U.S.C. Section 3599.  The attorney shall immediately file a copy of the motion with the court of criminal appeals, and if the attorney fails to do so, the court may take any action to ensure that the applicant's right to federal habeas review is protected, including initiating contempt proceedings against the attorney.
(f)  If the office of capital writs does not accept or is prohibited from accepting an appointment under Section 78.054, Government Code, the convicting court shall appoint counsel from a list of competent counsel maintained by the presiding judges of the administrative judicial regions under Section 78.056, Government Code.  The convicting court shall reasonably compensate as provided by Section 2A an attorney appointed under this section, other than an attorney employed by the office of capital writs, regardless of whether the attorney is appointed by the convicting court or was appointed by the court of criminal appeals under prior law.  An attorney appointed under this section who is employed by the office of capital writs shall be compensated in accordance with Subchapter B, Chapter 78, Government Code.
State Reimbursement;  County Obligation

Sec. 2A.  (a)  The state shall reimburse a county for compensation of counsel under Section 2, other than for compensation of counsel employed by the office of capital writs, and for payment of expenses under Section 3, regardless of whether counsel is employed by the office of capital writs.  The total amount of reimbursement to which a county is entitled under this section for an application under this article may not exceed $25,000.  Compensation and expenses in excess of the $25,000 reimbursement provided by the state are the obligation of the county.
(b) A convicting court seeking reimbursement for a county shall certify to the comptroller of public accounts the amount of compensation that the county is entitled to receive under this section.  The comptroller of public accounts shall issue a warrant to the county in the amount certified by the convicting court, not to exceed $25,000.
(c) The limitation imposed by this section on the reimbursement by the state to a county for compensation of counsel and payment of reasonable expenses does not prohibit a county from compensating counsel and reimbursing expenses in an amount that is in excess of the amount the county receives from the state as reimbursement, and a county is specifically granted discretion by this subsection to make payments in excess of the state reimbursement.
(d) The comptroller shall reimburse a county for the compensation and payment of expenses of an attorney appointed by the court of criminal appeals under prior law.  A convicting court seeking reimbursement for a county as permitted by this subsection shall certify the amount the county is entitled to receive under this subsection for an application filed under this article, not to exceed a total amount of $25,000.
Investigation of Grounds for Application

Sec. 3.  (a)  On appointment, counsel shall investigate expeditiously, before and after the appellate record is filed in the court of criminal appeals, the factual and legal grounds for the filing of an application for a writ of habeas corpus.
(b) Not later than the 30th day before the date the application for a writ of habeas corpus is filed with the convicting court, counsel may file with the convicting court an ex parte, verified, and confidential request for prepayment of expenses, including expert fees, to investigate and present potential habeas corpus claims.  The request for expenses must state:
(1) the claims of the application to be investigated;
(2) specific facts that suggest that a claim of possible merit may exist;  and
(3) an itemized list of anticipated expenses for each claim.
(c) The court shall grant a request for expenses in whole or in part if the request for expenses is timely and reasonable.  If the court denies in whole or in part the request for expenses, the court shall briefly state the reasons for the denial in a written order provided to the applicant.
(d) Counsel may incur expenses for habeas corpus investigation, including expenses for experts, without prior approval by the convicting court or the court of criminal appeals.  On presentation of a claim for reimbursement, which may be presented ex parte, the convicting court shall order reimbursement of counsel for expenses, if the expenses are reasonably necessary and reasonably incurred.  If the convicting court denies in whole or in part the request for expenses, the court shall briefly state the reasons for the denial in a written order provided to the applicant.  The applicant may request reconsideration of the denial for reimbursement by the convicting court.
(e) Materials submitted to the court under this section are a part of the court's record.
(f)  This section applies to counsel's investigation of the factual and legal grounds for the filing of an application for a writ of habeas corpus, regardless of whether counsel is employed by the office of capital writs.
Filing of Application

Sec. 4.  (a)  An application for a writ of habeas corpus, returnable to the court of criminal appeals, must be filed in the convicting court not later than the 180th day after the date the convicting court appoints counsel under Section 2 or not later than the 45th day after the date the state's original brief is filed on direct appeal with the court of criminal appeals, whichever date is later.
(b) The convicting court, before the filing date that is applicable to the applicant under Subsection (a), may for good cause shown and after notice and an opportunity to be heard by the attorney representing the state grant one 90-day extension that begins on the filing date applicable to the defendant under Subsection (a).  Either party may request that the court hold a hearing on the request.  If the convicting court finds that the applicant cannot establish good cause justifying the requested extension, the court shall make a finding stating that fact and deny the request for the extension.
(c) An application filed after the filing date that is applicable to the applicant under Subsection (a) or (b) is untimely.
(d) If the convicting court receives an untimely application or determines that after the filing date that is applicable to the applicant under Subsection (a) or (b) no application has been filed, the convicting court immediately, but in any event within 10 days, shall send to the court of criminal appeals and to the attorney representing the state:
(1) a copy of the untimely application, with a statement of the convicting court that the application is untimely, or a statement of the convicting court that no application has been filed within the time periods required by Subsections (a) and (b);  and
(2) any order the judge of the convicting court determines should be attached to an untimely application or statement under Subdivision (1).
(e) A failure to file an application before the filing date applicable to the applicant under Subsection (a) or (b) constitutes a waiver of all grounds for relief that were available to the applicant before the last date on which an application could be timely filed, except as provided by Section 4A.
Untimely Application;  Application Not Filed

Sec. 4A.  (a)  On command of the court of criminal appeals, a counsel who files an untimely application or fails to file an application before the filing date applicable under Section 4(a) or (b) shall show cause as to why the application was untimely filed or not filed before the filing date.
(b) At the conclusion of the counsel's presentation to the court of criminal appeals, the court may:
(1) find that good cause has not been shown and dismiss the application;
(2) permit the counsel to continue representation of the applicant and establish a new filing date for the application, which may be not more than 180 days from the date the court permits the counsel to continue representation;  or
(3) appoint new counsel to represent the applicant and establish a new filing date for the application, which may be not more than 270 days after the date the court appoints new counsel.
(c) The court of criminal appeals may hold in contempt counsel who files an untimely application or fails to file an application before the date required by Section 4(a) or (b).  The court of criminal appeals may punish as a separate instance of contempt each day after the first day on which the counsel fails to timely file the application.  In addition to or in lieu of holding counsel in contempt, the court of criminal appeals may enter an order denying counsel compensation under Section 2A.
(d) If the court of criminal appeals establishes a new filing date for the application, the court of criminal appeals shall notify the convicting court of that fact and the convicting court shall proceed under this article.
(e)  Sections 2A and 3 apply to compensation and reimbursement of counsel appointed under Subsection (b)(3) in the same manner as if counsel had been appointed by the convicting court, unless the attorney is employed by the office of capital writs, in which case the compensation of that attorney is governed by Subchapter B, Chapter 78, Government Code.
(f)  Notwithstanding any other provision of this article, the court of criminal appeals shall appoint counsel and establish a new filing date for application, which may be no later than the 270th day after the date on which counsel is appointed, for each applicant who before September 1, 1999, filed an untimely application or failed to file an application before the date required by Section 4(a) or (b).  Section 2A applies to the compensation and payment of expenses of counsel appointed by the court of criminal appeals under this subsection, unless the attorney is employed by the office of capital writs, in which case the compensation of that attorney is governed by Subchapter B, Chapter 78, Government Code.
Subsequent Application

Sec. 5.  (a)  If a subsequent application for a writ of habeas corpus is filed after filing an initial application, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that:
(1)  the current claims and issues have not been and could not have been presented previously in a timely initial application or in a previously considered application filed under this article or Article 11.07 because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application;
(2)  by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt; or
(3)  by clear and convincing evidence, but for a violation of the United States Constitution no rational juror would have answered in the state's favor one or more of the special issues that were submitted to the jury in the applicant's trial under Article 37.071, 37.0711, or 37.072.
(b) If the convicting court receives a subsequent application, the clerk of the court shall:
(1) attach a notation that the application is a subsequent application;
(2) assign to the case a file number that is ancillary to that of the conviction being challenged;  and
(3) immediately send to the court of criminal appeals a copy of:
(A) the application;
(B) the notation;
(C) the order scheduling the applicant's execution, if scheduled;  and
(D) any order the judge of the convicting court directs to be attached to the application.
(c) On receipt of the copies of the documents from the clerk, the court of criminal appeals shall determine whether the requirements of Subsection (a) have been satisfied.  The convicting court may not take further action on the application before the court of criminal appeals issues an order finding that the requirements have been satisfied.  If the court of criminal appeals determines that the requirements have not been satisfied, the court shall issue an order dismissing the application as an abuse of the writ under this section.
(d) For purposes of Subsection (a)(1), a legal basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the legal basis was not recognized by or could not have been reasonably formulated from a final decision of the United States Supreme Court, a court of appeals of the United States, or a court of appellate jurisdiction of this state on or before that date.
(e) For purposes of Subsection (a)(1), a factual basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the factual basis was not ascertainable through the exercise of reasonable diligence on or before that date.
(f) If an amended or supplemental application is not filed within the time specified under Section 4(a) or (b), the court shall treat the application as a subsequent application under this section.
Issuance of Writ

Sec. 6.  (a)  If a timely application for a writ of habeas corpus is filed in the convicting court, a writ of habeas corpus, returnable to the court of criminal appeals, shall issue by operation of law.
(b) If the convicting court receives notice that the requirements of Section 5 for consideration of a subsequent application have been met, a writ of habeas corpus, returnable to the court of criminal appeals, shall issue by operation of law.
(c) The clerk of the convicting court shall:
(1) make an appropriate notation that a writ of habeas corpus was issued;
(2) assign to the case a file number that is ancillary to that of the conviction being challenged;  and
(3) send a copy of the application by certified mail, return receipt requested, to the attorney representing the state in that court.
(d) The clerk of the convicting court shall promptly deliver copies of documents submitted to the clerk under this article to the applicant and the attorney representing the state.
Answer to Application

Sec. 7.  (a)  The state shall file an answer to the application for a writ of habeas corpus not later than the 120th day after the date the state receives notice of issuance of the writ.  The state shall serve the answer on counsel for the applicant or, if the applicant is proceeding pro se, on the applicant.  The state may request from the convicting court an extension of time in which to answer the application by showing particularized justifying circumstances for the extension, but in no event may the court permit the state to file an answer later than the 180th day after the date the state receives notice of issuance of the writ.
(b) Matters alleged in the application not admitted by the state are deemed denied.
Findings of Fact Without Evidentiary Hearing

Sec. 8.  (a)  Not later than the 20th day after the last date the state answers the application, the convicting court shall determine whether controverted, previously unresolved factual issues material to the legality of the applicant's confinement exist and shall issue a written order of the determination.
(b) If the convicting court determines the issues do not exist, the parties shall file proposed findings of fact and conclusions of law for the court to consider on or before a date set by the court that is not later than the 30th day after the date the order is issued.
(c) After argument of counsel, if requested by the court, the convicting court shall make appropriate written findings of fact and conclusions of law not later than the 15th day after the date the parties filed proposed findings or not later than the 45th day after the date the court's determination is made under Subsection (a), whichever occurs first.
(d) The clerk of the court shall immediately send to:
(1) the court of criminal appeals a copy of the:
(A) application;
(B) answer;
(C) orders entered by the convicting court;
(D) proposed findings of fact and conclusions of law;  and
(E) findings of fact and conclusions of law entered by the court;  and
(2) counsel for the applicant or, if the applicant is proceeding pro se, to the applicant, a copy of:
(A) orders entered by the convicting court;
(B) proposed findings of fact and conclusions of law;  and
(C) findings of fact and conclusions of law entered by the court.
Hearing

Sec. 9.  (a)  If the convicting court determines that controverted, previously unresolved factual issues material to the legality of the applicant's confinement exist, the court shall enter an order, not later than the 20th day after the last date the state answers the application, designating the issues of fact to be resolved and the manner in which the issues shall be resolved.  To resolve the issues, the court may require affidavits, depositions, interrogatories, and evidentiary hearings and may use personal recollection.
(b) The convicting court shall hold the evidentiary hearing not later than the 30th day after the date on which the court enters the order designating issues under Subsection (a).  The convicting court may grant a motion to postpone the hearing, but not for more than 30 days, and only if the court states, on the record, good cause for delay.
(c) The presiding judge of the convicting court shall conduct a hearing held under this section unless another judge presided over the original capital felony trial, in which event that judge, if qualified for assignment under Section 74.054 or 74.055, Government Code, may preside over the hearing.
(d) The court reporter shall prepare a transcript of the hearing not later than the 30th day after the date the hearing ends and file the transcript with the clerk of the convicting court.
(e) The parties shall file proposed findings of fact and conclusions of law for the convicting court to consider on or before a date set by the court that is not later than the 30th day after the date the transcript is filed.  If the court requests argument of counsel, after argument the court shall make written findings of fact that are necessary to resolve the previously unresolved facts and make conclusions of law not later than the 15th day after the date the parties file proposed findings or not later than the 45th day after the date the court reporter files the transcript, whichever occurs first.
(f) The clerk of the convicting court shall immediately transmit to:
(1) the court of criminal appeals a copy of:
(A) the application;
(B) the answers and motions filed;
(C) the court reporter's transcript;
(D) the documentary exhibits introduced into evidence;
(E) the proposed findings of fact and conclusions of law;
(F) the findings of fact and conclusions of law entered by the court;
(G) the sealed materials such as a confidential request for investigative expenses;  and
(H) any other matters used by the convicting court in resolving issues of fact;  and
(2) counsel for the applicant or, if the applicant is proceeding pro se, to the applicant, a copy of:
(A) orders entered by the convicting court;
(B) proposed findings of fact and conclusions of law;  and
(C) findings of fact and conclusions of law entered by the court.
(g) The clerk of the convicting court shall forward an exhibit that is not documentary to the court of criminal appeals on request of the court.
Rules of Evidence

Sec. 10. The Texas Rules of Criminal Evidence apply to a hearing held under this article.
Review by Court of Criminal Appeals

Sec. 11. The court of criminal appeals shall expeditiously review all applications for a writ of habeas corpus submitted under this article.  The court may set the cause for oral argument and may request further briefing of the issues by the applicant or the state.  After reviewing the record, the court shall enter its judgment remanding the applicant to custody or ordering the applicant's release, as the law and facts may justify.
  
Added by Acts 1995, 74th Leg., ch. 319, Sec. 1, eff. Sept. 1, 1995.  Sec. 4(a), (h) amended by Acts 1997, 75th Leg., ch. 1336, Sec. 1, eff. Sept. 1, 1997;  Sec. 5(a), (b) amended by Acts 1997, 75th Leg., ch. 1336, Sec. 2, eff. Sept. 1, 1997;  Sec. 7(a) amended by Acts 1997, 75th Leg., ch. 1336, Sec. 3, eff. Sept. 1, 1997;  Sec. 8 amended by Acts 1997, 75th Leg., ch. 1336, Sec. 4, eff. Sept. 1, 1997;  Sec. 9(a), (e) amended by Acts 1997, 75th Leg., ch. 1336, Sec. 5, eff. Sept. 1, 1997;  Sec. 2 amended by Acts 1999, 76th Leg., ch. 803, Sec. 1, eff. Sept. 1, 1999;  Sec. 2A added by Acts 1999, 76th Leg., ch. 803, Sec. 2, eff. Sept. 1, 1999;  Sec. 3(b), (d) amended by Acts 1999, 76th Leg., ch. 803, Sec. 3, eff. Sept. 1, 1999;  Sec. 4 amended by Acts 1999, 76th Leg., ch. 803, Sec. 4, eff. Sept. 1, 1999;  Sec. 4A added by Acts 1999, 76th Leg., ch. 803, Sec. 5, eff. Sept. 1, 1999;  Sec. 5 heading amended by Acts 1999, 76th Leg., ch. 803, Sec. 7, eff. Sept. 1, 1999;  Sec. 5(a), (b) amended by and Sec. 5(f) added by Acts 1999, 76th Leg., ch. 803, Sec. 6, eff. Sept. 1, 1999;  Sec. 6(b) amended by Acts 1999, 76th Leg., ch. 803, Sec. 8, eff. Sept. 1, 1999;  Sec. 7(a) amended by Acts 1999, 76th Leg., ch. 803, Sec. 9, eff. Sept. 1, 1999;  Sec. 9(b) amended by Acts 1999, 76th Leg., ch. 803, Sec. 10, eff. Sept. 1, 1999;  Sec. 2(f) amended by Acts 2003, 78th Leg., ch. 315, Sec. 1, eff. Sept. 1, 2003;  Sec. 2A(d) added by Acts 2003, 78th Leg., ch. 315, Sec. 2, eff. Sept. 1, 2003;  Sec. 3(d) amended by Acts 2003, 78th Leg., ch. 315, Sec. 3, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 787, Sec. 13, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 965, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.06, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 11, eff. January 1, 2010.
    
Art. 11.072. PROCEDURE IN COMMUNITY SUPERVISION CASE.
Sec. 1. This article establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision.
Sec. 2.  (a)  An application for a writ of habeas corpus under this article must be filed with the clerk of the court in which community supervision was imposed.
(b) At the time the application is filed, the applicant must be, or have been, on community supervision, and the application must challenge the legal validity of:
(1) the conviction for which or order in which community supervision was imposed;  or
(2) the conditions of community supervision.
Sec. 3.  (a)  An application may not be filed under this article if the applicant could obtain the requested relief by means of an appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate Procedure.
(b) An applicant seeking to challenge a particular condition of community supervision but not the legality of the conviction for which or the order in which community supervision was imposed must first attempt to gain relief by filing a motion to amend the conditions of community supervision.
(c) An applicant may challenge a condition of community supervision under this article only on constitutional grounds.
Sec. 4.  (a)  When an application is filed under this article, a writ of habeas corpus issues by operation of law.
(b) At the time the application is filed, the clerk of the court shall assign the case a file number ancillary to that of the judgment of conviction or order being challenged.
Sec. 5.  (a)  Immediately on filing an application, the applicant shall serve a copy of the application on the attorney representing the state, by either certified mail, return receipt requested, or personal service.
(b) The state may file an answer within the period established by Subsection (c), but is not required to file an answer.
(c) The state may not file an answer after the 30th day after the date of service, except that for good cause the convicting court may grant the state one 30-day extension.
(d) Any answer, motion, or other document filed by the state must be served on the applicant by certified mail, return receipt requested, or by personal service.
(e) Matters alleged in the application not admitted by the state are considered to have been denied.
Sec. 6.  (a)  Not later than the 60th day after the day on which the state's answer is filed, the trial court shall enter a written order granting or denying the relief sought in the application.
(b) In making its determination, the court may order affidavits, depositions, interrogatories, or a hearing, and may rely on the court's personal recollection.
(c) If a hearing is ordered, the hearing may not be held before the eighth day after the day on which the applicant and the state are provided notice of the hearing.
(d) The court may appoint an attorney or magistrate to hold a hearing ordered under this section and make findings of fact.  An attorney appointed under this subsection is entitled to compensation as provided by Article 26.05.
Sec. 7.  (a)  If the court determines from the face of an application or documents attached to the application that the applicant is manifestly entitled to no relief, the court shall enter a written order denying the application as frivolous.  In any other case, the court shall enter a written order including findings of fact and conclusions of law.  The court may require the prevailing party to submit a proposed order.
(b) At the time an order is entered under this section, the clerk of the court shall immediately, by certified mail, return receipt requested, send a copy of the order to the applicant and to the state.
Sec. 8. If the application is denied in whole or part, the applicant may appeal under Article 44.02 and Rule 31, Texas Rules of Appellate Procedure.  If the application is granted in whole or part, the state may appeal under Article 44.01 and Rule 31, Texas Rules of Appellate Procedure.
Sec. 9.  (a)  If a subsequent application for a writ of habeas corpus is filed after final disposition of an initial application under this article, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application.
(b) For purposes of Subsection (a), a legal basis of a claim is unavailable on or before a date described by that subsection if the legal basis was not recognized by and could not have been reasonably formulated from a final decision of the United States Supreme Court, a court of appeals of the United States, or a court of appellate jurisdiction of this state on or before that date.
(c) For purposes of Subsection (a), a factual basis of a claim is unavailable on or before a date described by that subsection if the factual basis was not ascertainable through the exercise of reasonable diligence on or before that date.
  
Added by Acts 2003, 78th Leg., ch. 587, Sec. 1, eff. June 20, 2003.
    
Art. 11.08. APPLICANT CHARGED WITH FELONY.  If a person is confined after indictment on a charge of felony, he may apply to the judge of the court in which he is indicted;  or if there be no judge within the district, then to the judge of any district whose residence is nearest to the court house of the county in which the applicant is held in custody.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.09. APPLICANT CHARGED WITH MISDEMEANOR.  If a person is confined on a charge of misdemeanor, he may apply to the county judge of the county in which the misdemeanor is charged to have been committed, or if there be no county judge in said county, then to the county judge whose residence is nearest to the courthouse of the county in which the applicant is held in custody.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.10. PROCEEDINGS UNDER THE WRIT.  When motion has been made to a judge under the circumstances set forth in the two preceding Articles, he shall appoint a time when he will examine the cause of the applicant, and issue the writ returnable at that time, in the county where the offense is charged in the indictment or information to have been committed.  He shall also specify some place in the county where he will hear the motion.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.11. EARLY HEARING.  The time so appointed shall be the earliest day which the judge can devote to hearing the cause of the applicant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.12. WHO MAY PRESENT PETITION.  Either the party for whose relief the writ is intended, or any person for him, may present a petition to the proper authority for the purpose of obtaining relief.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.13. APPLICANT.  The word applicant, as used in this Chapter, refers to the person for whose relief the writ is asked, though the petition may be signed and presented by any other person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.14. REQUISITES OF PETITION.  The petition must state substantially:
1. That the person for whose benefit the application is made is illegally restrained in his liberty, and by whom, naming both parties, if their names are known, or if unknown, designating and describing them;
2. When the party is confined or restrained by virtue of any writ, order or process, or under color of either, a copy shall be annexed to the petition, or it shall be stated that a copy cannot be obtained;
3. When the confinement or restraint is not by virtue of any writ, order or process, the petition may state only that the party is illegally confined or restrained in his liberty;
4. There must be a prayer in the petition for the writ of habeas corpus;  and
5. Oath must be made that the allegations of the petition are true, according to the belief of the petitioner.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.15. WRIT GRANTED WITHOUT DELAY.  The writ of habeas corpus shall be granted without delay by the judge or court receiving the petition, unless it be manifest from the petition itself, or some documents annexed to it, that the party is entitled to no relief whatever.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.16. WRIT MAY ISSUE WITHOUT MOTION.  A judge of the district or county court who has knowledge that any person is illegally confined or restrained in his liberty within his district or county may, if the case be one within his jurisdiction, issue the writ of habeas corpus, without any motion being made for the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.17. JUDGE MAY ISSUE WARRANT OF ARREST.  Whenever it appears by satisfactory evidence to any judge authorized to issue such writ that any one is held in illegal confinement or custody, and there is good reason to believe that he will be carried out of the State, or suffer some irreparable injury before he can obtain relief in the usual course of law, or whenever the writ of habeas corpus has been issued and disregarded, the said judge may issue a warrant to any peace officer, or to any person specially named by said judge, directing him to take and bring such person before such judge, to be dealt with according to law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.18. MAY ARREST DETAINER.  Where it appears by the proof offered, under circumstances mentioned in the preceding Article, that the person charged with having illegal custody of the prisoner is, by such act, guilty of an offense against the law, the judge may, in the warrant, order that he be arrested and brought before him;  and upon examination, he may be committed, discharged, or held to bail, as the law and the nature of the case may require.
  
Acts 1965, 59th, Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.19. PROCEEDINGS UNDER THE WARRANT.  The officer charged with the execution of the warrant shall bring the persons therein mentioned before the judge or court issuing the same, who shall inquire into the cause of the imprisonment or restraint, and make an order thereon, as in cases of habeas corpus, either remanding into custody, discharging or admitting to bail the party so imprisoned or restrained.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.20. OFFICER EXECUTING WARRANT.  The same power may be exercised by the officer executing the warrant in cases arising under the foregoing Articles as is exercised in the execution of warrants of arrest.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.21. CONSTRUCTIVE CUSTODY.  The words "confined", "imprisoned", "in custody", "confinement", "imprisonment", refer not only to the actual, corporeal and forcible detention of a person, but likewise to any coercive measures by threats, menaces or the fear of injury, whereby one person exercises a control over the person of another, and detains him within certain limits.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.22. RESTRAINT.  By "restraint" is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.23. SCOPE OF WRIT.  The writ of habeas corpus is intended to be applicable to all such cases of confinement and restraint, where there is no lawful right in the person exercising the power, or where, though the power in fact exists, it is exercised in a manner or degree not sanctioned by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.24. ONE COMMITTED IN DEFAULT OF BAIL.  Where a person has been committed to custody for failing to enter into bond, he is entitled to the writ of habeas corpus, if it be stated in the petition that there was no sufficient cause for requiring bail, or that the bail required is excessive.  If the proof sustains the petition, it will entitle the party to be discharged, or have the bail reduced.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.25. PERSON AFFLICTED WITH DISEASE.  When a judge or court authorized to grant writs of habeas corpus shall be satisfied, upon investigation, that a person in legal custody is afflicted with a disease which will render a removal necessary for the preservation of life, an order may be made for the removal of the prisoner to some other place where his health will not be likely to suffer;  or he may be admitted to bail when it appears that any species of confinement will endanger his life.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.26. WHO MAY SERVE WRIT.  The service of the writ may be made by any person competent to testify.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.27. HOW WRIT MAY BE SERVED AND RETURNED.  The writ may be served by delivering a copy of the original to the person who is charged with having the party under restraint or in custody, and exhibiting the original, if demanded;  if he refuse to receive it, he shall be informed verbally of the purport of the writ.  If he refuses admittance to the person wishing to make the service, or conceals himself, a copy of the writ may be fixed upon some conspicuous part of the house where such person resides or conceals himself, or of the place where the prisoner is confined;  and the person serving the writ of habeas corpus shall, in all cases, state fully, in his return, the manner and the time of the service of the writ.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.28. RETURN UNDER OATH.  The return of a writ of habeas corpus, under the provisions of the preceding Article, if made by any person other than an officer, shall be under oath.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.29. MUST MAKE RETURN.  The person on whom the writ of habeas corpus is served shall immediately obey the same, and make the return required by law upon the copy of the original writ served on him, and this, whether the writ be directed to him or not.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.30. HOW RETURN IS MADE.  The return is made by stating in plain language upon the copy of the writ or some paper connected with it:
1. Whether it is true or not, according to the statement of the petition, that he has in his custody, or under his restraint, the person named or described in such petition;
2. By virtue of what authority, or for what cause, he took and detains such person;
3. If he had such person in his custody or under restraint at any time before the service of the writ, and has transferred him to the custody of another, he shall state particularly to whom, at what time, for what reason or by what authority he made such transfer;
4. He shall annex to his return the writ or warrant, if any, by virtue of which he holds the person in custody;  and
5. The return must be signed and sworn to by the person making it.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.31. APPLICANT BROUGHT BEFORE JUDGE.  The person on whom the writ is served shall bring before the judge the person in his custody, or under his restraint, unless it be made to appear that by reason of sickness he cannot be removed;  in which case, another day may be appointed by the judge or court for hearing the cause, and for the production of the person confined;  or the application may be heard and decided without the production of the person detained, by the consent of his counsel.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.32. CUSTODY PENDING EXAMINATION.  When the return of the writ has been made, and the applicant brought before the court, he is no longer detained on the original warrant or process, but under the authority of the habeas corpus.  The safekeeping of the prisoner, pending the examination or hearing, is entirely under the direction and authority of the judge or court issuing the writ, or to which the return is made.  He may be bailed from day to day, or be remanded to the same jail whence he came, or to any other place of safekeeping under the control of the judge or court, till the case is finally determined.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.33. COURT SHALL ALLOW TIME.  The court or judge granting the writ of habeas corpus shall allow reasonable time for the production of the person detained in custody.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.34. DISOBEYING WRIT.  When service has been made upon a person charged with the illegal custody of another, if he refuses to obey the writ and make the return required by law, or, if he refuses to receive the writ, or conceals himself, the court or judge issuing the writ shall issue a warrant directed to any officer or other suitable person willing to execute the same, commanding him to arrest the person charged with the illegal custody or detention of another, and bring him before such court or judge.  When such person has been arrested and brought before the court or judge, if he still refuses to return the writ, or does not produce the person in his custody, he shall be committed to jail and remain there until he is willing to obey the writ of habeas corpus, and until he pays all the costs of the proceeding.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.35. FURTHER PENALTY FOR DISOBEYING WRIT.  Any person disobeying the writ of habeas corpus shall also be liable to a civil action at the suit of the party detained, and shall pay in such suit fifty dollars for each day of illegal detention and restraint, after service of the writ.  It shall be deemed that a person has disobeyed the writ who detains a prisoner a longer time than three days after service thereof, unless where further time is allowed in the writ for making the return thereto.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.36. APPLICANT MAY BE BROUGHT BEFORE COURT.  In case of disobedience of the writ of habeas corpus, the person for whose relief it is intended may also be brought before the court or judge having competent authority, by an order for that purpose, issued to any peace officer or other proper person specially named.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.37. DEATH, ETC., SUFFICIENT RETURN OF WRIT.  It is a sufficient return of the writ of habeas corpus that the person, once detained, has died or escaped, or that by some superior force he has been taken from the custody of the person making the return;  but where any such cause shall be assigned, the court or judge shall proceed to hear testimony;  and the facts stated in the return shall be proved by satisfactory evidence.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.38. WHEN A PRISONER DIES.  When a prisoner confined in jail, or who is in legal custody, shall die, the officer having charge of him shall forthwith report the same to a justice of the peace of the county, who shall hold an inquest to ascertain the cause of his death.  All the proceedings had in such cases shall be reduced to writing, certified and returned as in other cases of inquest;  a certified copy of which shall be sufficient proof of the death of the prisoner at the hearing of a motion under habeas corpus.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.39. WHO SHALL REPRESENT THE STATE.  If neither the county nor the district attorney be present, the judge may appoint some qualified practicing attorney to represent the State, who shall be paid the same fee allowed district attorneys for like services.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.40. PRISONER DISCHARGED.  The judge or court before whom a person is brought by writ of habeas corpus shall examine the writ and the papers attached to it;  and if no legal cause be shown for the imprisonment or restraint, or if it appear that the imprisonment or restraint, though at first legal, cannot for any cause be lawfully prolonged, the applicant shall be discharged.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.41. WHERE PARTY IS INDICTED FOR CAPITAL OFFENSE.  If it appears by the return and papers attached that the party stands indicted for a capital offense, the judge or court having jurisdiction of the case shall, nevertheless, proceed to hear such testimony as may be offered on the part of the State and the applicant, and may either remand or admit him to bail, as the law and the facts may justify.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.42. IF COURT HAS NO JURISDICTION.  If it appear by the return and papers attached that the judge or court has no jurisdiction, such court or judge shall at once remand the applicant to the person from whose custody he has been taken.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.43. PRESUMPTION OF INNOCENCE.  No presumption of guilt arises from the mere fact that a criminal accusation has been made before a competent authority.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.44. ACTION OF COURT UPON EXAMINATION.  The judge or court, after having examined the return and all documents attached, and heard the testimony offered on both sides, shall, according to the facts and circumstances of the case, proceed either to remand the party into custody, admit him to bail or discharge him;  provided, that no defendant shall be discharged after indictment without bail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.45. VOID OR INFORMAL.  If it appears that the applicant is detained or held under a warrant of commitment which is informal, or void;  yet, if from the document on which the warrant was based, or from the proof on the hearing of the habeas corpus, it appears that there is probable cause to believe that an offense has been committed by the prisoner, he shall not be discharged, but shall be committed or held to bail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.46. IF PROOF SHOWS OFFENSE.  Where, upon an examination under habeas corpus, it appears to the court or judge that there is probable cause to believe that an offense has been committed by the prisoner, he shall not be discharged, but shall be committed or admitted to bail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.47. MAY SUMMON MAGISTRATE.  To ascertain the grounds on which an informal or void warrant has been issued, the judge or court may cause to be summoned the magistrate who issued the warrant, and may, by an order, require him to bring with him all the papers and proceedings touching the matter.  The attendance of such magistrate and the production of such papers may be enforced by warrant of arrest.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.48. WRITTEN ISSUE NOT NECESSARY.  It shall not be necessary, on the trial of any cause arising under habeas corpus, to make up a written issue, though it may be done by the applicant for the writ.  He may except to the sufficiency of, or controvert the return or any part thereof, or allege any new matter in avoidance.  If written denial on his part be not made, it shall be considered, for the purpose of investigation, that the statements of said return are contested by a denial of the same;  and the proof shall be heard accordingly, both for and against the applicant for relief.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.49. ORDER OF ARGUMENT.  The applicant shall have the right by himself or counsel to open and conclude the argument upon the trial under habeas corpus.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.50. COSTS.  The judge trying the cause under habeas corpus may make such order as is deemed right concerning the cost of bringing the defendant before him, and all other costs of the proceeding, awarding the same either against the person to whom the writ was directed, the person seeking relief, or may award no costs at all.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.51. RECORD OF PROCEEDINGS.  If a writ of habeas corpus be made returnable before a court in session, all the proceedings had shall be entered of record by the clerk thereof, as in any other case in such court.  When the motion is heard out of the county where the offense was committed, or in the Court of Criminal Appeals, the clerk shall transmit a certified copy of all the proceedings upon the motion to the clerk of the court which has jurisdiction of the offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.52. PROCEEDINGS HAD IN VACATION.  If the return is made and the proceedings had before a judge of a court in vacation, he shall cause all of the proceedings to be written, shall certify to the same, and cause them to be filed with the clerk of the court which has jurisdiction of the offense, who shall keep them safely.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.53. CONSTRUING THE TWO PRECEDING ARTICLES.  The two preceding Articles refer only to cases where an applicant is held under accusation for some offense;  in all other cases the proceedings had before the judge shall be filed and kept by the clerk of the court hearing the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.54. COURT MAY GRANT NECESSARY ORDERS.  The court or judge granting a writ of habeas corpus may grant all necessary orders to bring before him the testimony taken before the examining court, and may issue process to enforce the attendance of witnesses.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.55. MEANING OF "RETURN".  The word "return", as used in this Chapter, means the report made by the officer or person charged with serving the writ of habeas corpus, and also the answer made by the person served with such writ.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.56. EFFECT OF DISCHARGE BEFORE INDICTMENT.  Where a person, before indictment found against him, has been discharged or held to bail on habeas corpus by order of a court or judge of competent jurisdiction, he shall not be again imprisoned or detained in custody on an accusation for the same offense, until after he shall have been indicted, unless surrendered by his bail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.57. WRIT AFTER INDICTMENT.  Where a person once discharged or admitted to bail is afterward indicted for the same offense for which he has been once arrested, he may be committed on the indictment, but shall be again entitled to the writ of habeas corpus, and may be admitted to bail, if the facts of the case render it proper;  but in cases where, after indictment is found, the cause of the defendant has been investigated on habeas corpus, and an order made, either remanding him to custody, or admitting him to bail, he shall neither be subject to be again placed in custody, unless when surrendered by his bail, nor shall he be again entitled to the writ of habeas corpus, except in the special cases mentioned in this Chapter.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.58. PERSON COMMITTED FOR A CAPITAL OFFENSE.  If the accusation against the defendant for a capital offense has been heard on habeas corpus before indictment found, and he shall have been committed after such examination, he shall not be entitled to the writ, unless in the special cases mentioned in Articles 11.25 and 11.59.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.59. OBTAINING WRIT A SECOND TIME.  A party may obtain the writ of habeas corpus a second time by stating in a motion therefor that since the hearing of his first motion important testimony has been obtained which it was not in his power to produce at the former hearing.  He shall also set forth the testimony so newly discovered;  and if it be that of a witness, the affidavit of the witness shall also accompany such motion.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.60. REFUSING TO EXECUTE WRIT.  Any officer to whom a writ of habeas corpus, or other writ, warrant or process authorized by this Chapter shall be directed, delivered or tendered, who refuses to execute the same according to his directions, or who wantonly delays the service or execution of the same, shall be liable to fine as for contempt of court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.61. REFUSAL TO OBEY WRIT.  Any one having another in his custody, or under his power, control or restraint who refuses to obey a writ of habeas corpus, or who evades the service of the same, or places the person illegally detained under the control of another, removes him, or in any other manner attempts to evade the operation of the writ, shall be dealt with as provided in Article 11.34 of this Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.62. REFUSAL TO GIVE COPY OF PROCESS.  Any jailer, sheriff or other officer who has a prisoner in his custody and refuses, upon demand, to furnish a copy of the process under which he holds the person, is guilty of an offense, and shall be dealt with as provided in Article 11.34 of this Code for refusal to return the writ therein required.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.63. HELD UNDER FEDERAL AUTHORITY.  No person shall be discharged under the writ of habeas corpus who is in custody by virtue of a commitment for any offense exclusively cognizable by the courts of the United States, or by order or process issuing out of such courts in cases where they have jurisdiction, or who is held by virtue of any legal engagement or enlistment in the army, or who, being rightfully subject to the rules and articles of war, is confined by any one legally acting under the authority thereof, or who is held as a prisoner of war under the authority of the United States.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.64. APPLICATION OF CHAPTER.  This Chapter applies to all cases of habeas corpus for the enlargement of persons illegally held in custody or in any manner restrained in their personal liberty, for the admission of prisoners to bail, and for the discharge of prisoners before indictment upon a hearing of the testimony.  Instead of a writ of habeas corpus in other cases heretofore used, a simple order shall be substituted.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 11.65. BOND FOR CERTAIN APPLICANTS.  (a)  This article applies to an applicant for a writ of habeas corpus seeking relief from the judgment in a criminal case, other than an applicant seeking relief from a judgment imposing a penalty of death.
(b) On making proposed findings of fact and conclusions of law jointly stipulated to by the applicant and the state, or on approving proposed findings of fact and conclusions of law made by an attorney or magistrate appointed by the court to perform that duty and jointly stipulated to by the applicant and the state, the convicting court may order the release of the applicant on bond, subject to conditions imposed by the convicting court, until the applicant is denied relief, remanded to custody, or ordered released.
(c) For the purposes of this chapter, an applicant released on bond under this article remains restrained in his liberty.
(d) Article 44.04(b) does not apply to the release of an applicant on bond under this article.
  
Added by Acts 2003, 78th Leg., ch. 197, Sec. 1, eff. June 2, 2003.
      			  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 12. LIMITATION

Art. 12.01.  FELONIES.  Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:
(1)  no limitation:
(A)  murder and manslaughter;
(B)  sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;
(C)  sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained;
(D)  continuous sexual abuse of young child or children under Section 21.02, Penal Code;
(E)  indecency with a child under Section 21.11, Penal Code; or
(F)  an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;
(2)  ten years from the date of the commission of the offense:
(A)  theft of any estate, real, personal or mixed, by an executor, administrator, guardian or trustee, with intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary or settlor of a trust interested in such estate;
(B)  theft by a public servant of government property over which he exercises control in his official capacity;
(C)  forgery or the uttering, using or passing of forged instruments;
(D)  injury to an elderly or disabled individual punishable as a felony of the first degree under Section 22.04, Penal Code;
(E)  sexual assault, except as provided by Subdivision (1); or
(F)  arson;
(3)  seven years from the date of the commission of the offense:
(A)  misapplication of fiduciary property or property of a financial institution;
(B)  securing execution of document by deception;
(C)  a felony violation under Chapter 162, Tax Code;
(D)  false statement to obtain property or credit under Section 32.32, Penal Code;
(E)  money laundering;
(F)  credit card or debit card abuse under Section 32.31, Penal Code; or
(G)  fraudulent use or possession of identifying information under Section 32.51, Penal Code;
(4)  five years from the date of the commission of the offense:
(A)  theft or robbery;
(B)  except as provided by Subdivision (5), kidnapping or burglary;
(C)  injury to an elderly or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code;
(D)  abandoning or endangering a child; or
(E)  insurance fraud;
(5)  if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses:
(A)  sexual performance by a child under Section 43.25, Penal Code;
(B)  aggravated kidnapping under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or
(C)  burglary under Section 30.02, Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with the intent to commit an offense described by Subdivision (1)(B) or (D) of this article or Paragraph (B) of this subdivision;
(6)  ten years from the 18th birthday of the victim of the offense:  injury to a child under Section 22.04, Penal Code; or
(7)  three years from the date of the commission of the offense:  all other felonies.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974;  Acts 1975, 64th Leg., p. 478, ch. 203, Sec. 5, eff. Sept. 1, 1975.
      
Amended by Acts 1983, 68th Leg., p. 413, ch. 85, Sec. 1, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 330, Sec. 1, eff. Aug. 26, 1985;  Acts 1987, 70th Leg., ch. 716, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 565, Sec. 6, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 476, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 740, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 39, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1285, Sec. 33, eff. Sept. 1, 2000;  Acts 2001, 77th Leg., ch. 12, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1479, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1482, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 371, Sec. 6, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 5.001, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1162, Sec. 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 285, Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.03, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 640, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 841, Sec. 1, eff. September 1, 2007.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 6.001, eff. September 1, 2009.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 1227, Sec. 38, eff. September 1, 2009.
    
Art. 12.02.  MISDEMEANORS.  (a)  An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
(b)  A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 472, Sec. 1, eff. September 1, 2009.
    
Art. 12.03. AGGRAVATED OFFENSES, ATTEMPT, CONSPIRACY, SOLICITATION, ORGANIZED CRIMINAL ACTIVITY.  (a)  The limitation period for criminal attempt is the same as that of the offense attempted.
(b) The limitation period for criminal conspiracy or organized criminal activity is the same as that of the most serious offense that is the object of the conspiracy or the organized criminal activity.
(c) The limitation period for criminal solicitation is the same as that of the felony solicited.
(d) Except as otherwise provided by this chapter, any offense that bears the title "aggravated" shall carry the same limitation period as the primary crime.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 975, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
      
Amended by Acts 1987, 70th Leg., ch. 1133, Sec. 1, eff. Sept. 1, 1987;  Subsec. (d) amended by Acts 1997, 75th Leg., ch. 740, Sec. 2, eff. Sept. 1, 1997.
    
Art. 12.04. COMPUTATION.  The day on which the offense was committed and the day on which the indictment or information is presented shall be excluded from the computation of time.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
    
Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF INDICTMENT, ETC., NOT COMPUTED.  (a)  The time during which the accused is absent from the state shall not be computed in the period of limitation.
(b) The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.
(c) The term "during the pendency," as used herein, means that period of time beginning with the day the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction thereof, determined to be invalid for any reason.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
    
Art. 12.06. AN INDICTMENT IS "PRESENTED," WHEN.  An indictment is considered as "presented" when it has been duly acted upon by the grand jury and received by the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
    
Art. 12.07. AN INFORMATION IS "PRESENTED," WHEN.  An information is considered as "presented," when it has been filed by the proper officer in the proper court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(B), eff. Jan. 1, 1974.
      			  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 13. VENUE

Art. 13.01. OFFENSES COMMITTED OUTSIDE THIS STATE.  Offenses committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may be prosecuted in any county in which the offender is found or in any county in which an element of the offense occurs.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.02. FORGERY.  Forgery may be prosecuted in any county where the writing was forged, or where the same was used or passed, or attempted to be used or passed, or deposited or placed with another person, firm, association, or corporation either for collection or credit for the account of any person, firm, association or corporation.  In addition, a forging and uttering, using or passing of forged instruments in writing which concern or affect the title to land in this State may be prosecuted in the county in which such land, or any part thereof, is situated.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.03. PERJURY.  Perjury and aggravated perjury may be prosecuted in the county where committed, or in the county where the false statement is used or attempted to be used.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.04. ON THE BOUNDARIES OF COUNTIES.  An offense committed on the boundaries of two or more counties, or within four hundred yards thereof, may be prosecuted and punished in any one of such counties and any offense committed on the premises of any airport operated jointly by two municipalities and situated in two counties may be prosecuted and punished in either county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974;  Acts 1973, 63rd Leg., p. 1251, ch. 454, art. 2, Sec. 1, eff. Jan. 1, 1974.
      
Amended by Acts 1981, 67th Leg., p. 2239, ch. 534, Sec. 1, eff. Aug. 31, 1981.
    
Art. 13.045.  ON THE BOUNDARIES OF CERTAIN MUNICIPALITIES.  An offense punishable by fine only that is committed on the boundary, or within 200 yards of the boundary, of contiguous municipalities that have entered into an agreement authorized by Article 4.14(f) and Section 29.003(h), Government Code, may be prosecuted in either of those municipalities.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 230, Sec. 2, eff. September 1, 2009.
    
Art. 13.05. CRIMINAL HOMICIDE COMMITTED OUTSIDE THIS STATE.  The offense of criminal homicide committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may be prosecuted in the county where the injury was inflicted, or in the county where the offender was located when he inflicted the injury, or in the county where the victim died or the body was found.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.06. COMMITTED ON A BOUNDARY STREAM.  If an offense be committed upon any river or stream, the boundary of this State, it may be prosecuted in the county the boundary of which is upon such stream or river, and the county seat of which is nearest the place where the offense was committed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.07. INJURED IN ONE COUNTY AND DYING IN ANOTHER.  If a person receives an injury in one county and dies in another by reason of such injury, the offender may be prosecuted in the county where the injury was received or where the death occurred, or in the county where the dead body is found.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.08.  THEFT; ORGANIZED RETAIL THEFT.  (a)  Where property is stolen in one county and removed by the offender to another county, the offender may be prosecuted either in the county where he took the property or in any other county through or into which he may have removed the same.
(b)  An offense under Section 31.16, Penal Code, may be prosecuted in any county in which an underlying theft could have been prosecuted as a separate offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1274, Sec. 2, eff. September 1, 2007.
    
Art. 13.09. HINDERING SECURED CREDITORS.  If secured property is taken from one county and unlawfully disposed of in another county or state, the offender may be prosecuted either in the county in which such property was disposed of, or in the county from which it was removed, or in the county in which the security agreement is filed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 976, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.10. PERSONS ACTING UNDER AUTHORITY OF THIS STATE.  An offense committed outside this State by any officer acting under the authority of this State, under circumstances that give this state jurisdiction to prosecute the offender, may be prosecuted in the county of his residence or, if a nonresident of this State, in Travis County.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.11. ON VESSELS.  An offense committed on board a vessel which is at the time upon any navigable water within the boundaries of this State, may be prosecuted in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage commences or terminates.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.12. FALSE IMPRISONMENT AND KIDNAPPING.  Venue for false imprisonment and kidnapping is in either the county in which the offense was committed, or in any county through, into or out of which the person falsely imprisoned or kidnapped may have been taken.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 977, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.13. CONSPIRACY.  Criminal conspiracy may be prosecuted in the county where the conspiracy was entered into, in the county where the conspiracy was agreed to be executed, or in any county in which one or more of the conspirators does any act to effect an object of the conspiracy.  If a conspiracy was entered into outside this State under circumstances that give this State jurisdiction to prosecute the offender, the offender may be prosecuted in the county where the conspiracy was agreed to be executed, or in the county where any one of the conspirators was found, or in Travis County.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.14. BIGAMY.  Bigamy may be prosecuted:
(1) in the county where the bigamous marriage occurred;
(2) in any county in this State in which the parties to such bigamous marriage may live or cohabit together as man and wife;  or
(3) in any county in this State in which a party to the bigamous marriage not charged with the offense resides.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
      
Amended by Acts 1989, 71st Leg., ch. 1112, Sec. 1, eff. Aug. 28, 1989.
    
Art. 13.15. SEXUAL ASSAULT.  Sexual assault may be prosecuted in the county in which it is committed, in the county in which the victim is abducted, or in any county through or into which the victim is transported in the course of the abduction and sexual assault.  When it shall come to the knowledge of any district judge whose court has jurisdiction under this Article that sexual assault has probably been committed, he shall immediately, if his court be in session, and if not in session, then, at the first term thereafter in any county of the district, call the attention of the grand jury thereto;  and if the court be in session, but the grand jury has been discharged, he shall immediately recall the grand jury to investigate the accusation.  The district courts are authorized and directed to change the venue in such cases whenever it shall be necessary to secure a speedy trial.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 692, ch. 262, Sec. 1, eff. May 25, 1977.
      
Amended by Acts 1981, 67th Leg., p. 2636, ch. 707, Sec. 4(17), eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. Sept. 1, 1983.
    
Art. 13.16. CRIMINAL NONSUPPORT.  Criminal nonsupport may be prosecuted in the county where the offended spouse or child is residing at the time the information or indictment is presented.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.17. PROOF OF VENUE.  In all cases mentioned in this Chapter, the indictment or information, or any pleading in the case, may allege that the offense was committed in the county where the prosecution is carried on.  To sustain the allegation of venue, it shall only be necessary to prove by the preponderance of the evidence that by reason of the facts in the case, the county where such prosecution is carried on has venue.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.18. OTHER OFFENSES.  If venue is not specifically stated, the proper county for the prosecution of offenses is that in which the offense was committed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 978, ch. 399, Sec. 2(C), eff. Jan. 1, 1974.
    
Art. 13.19. WHERE VENUE CANNOT BE DETERMINED.  If an offense has been committed within the state and it cannot readily be determined within which county or counties the commission took place, trial may be held in the county in which the defendant resides, in the county in which he is apprehended, or in the county to which he is extradited.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(C), eff. Jan., 1, 1974.
    
Art. 13.20. VENUE BY CONSENT.  The trial of all felony cases, without a jury, may, with the consent of the defendant in writing, his attorney, and the attorney for the state, be held in any county within the judicial district or districts for the county where venue is otherwise authorized by law.
  
Added by Acts 1975, 64th Leg., p. 242, ch. 91, Sec. 1, eff. Sept. 1, 1975.
    
Art. 13.21. ORGANIZED CRIMINAL ACTIVITY.  The offense of engaging in organized criminal activity may be prosecuted in any county in which any act is committed to effect an objective of the combination.
  
Added by Acts 1977, 65th Leg., p. 924, ch. 346, Sec. 2, eff. June 10, 1977.
    
Art. 13.22. POSSESSION AND DELIVERY OF MARIHUANA.  An offense of possession or delivery of marihuana may be prosecuted in the county where the offense was committed or with the consent of the defendant in a county that is adjacent to and in the same judicial district as the county where the offense was committed.
  
Added by Acts 1979, 66th Leg., p. 18, ch. 10, Sec. 1, eff. March 7, 1979.
    
Art. 13.23. UNAUTHORIZED USE OF A VEHICLE.  An offense of unauthorized use of a vehicle may be prosecuted in any county where the unauthorized use of the vehicle occurred or in the county in which the vehicle was originally reported stolen.
  
Added by Acts 1985, 69th Leg., ch. 719, Sec. 1, eff. Aug. 26, 1985.
    
Art. 13.24. ILLEGAL RECRUITMENT OF ATHLETES.  An offense of illegal recruitment of an athlete may be prosecuted in any county in which the offense was committed or in the county in which is located the institution of higher education in which the athlete agreed to enroll or was influenced to enroll.
  
Added by Acts 1989, 71st Leg., ch. 125, Sec. 2, eff. Sept. 1, 1989.
    
Art. 13.25. COMPUTER CRIMES.  (a)  In this section "access," "computer," "computer network," "computer program," "computer system," and "owner" have the meanings assigned to those terms by Section 33.01, Penal Code.
(b) An offense under Chapter 33, Penal Code, may be prosecuted in:
(1) the county of the principal place of business of the owner or lessee of a computer, computer network, or computer system involved in the offense;
(2) any county in which a defendant had control or possession of:
(A) any proceeds of the offense;   or
(B) any books, records, documents, property, negotiable instruments, computer programs, or other material used in furtherance of the offense;  or
(3) any county from which, to which, or through which access to a computer, computer network, computer program, or computer system was made in violation of Chapter 33, whether by wires, electromagnetic waves, microwaves, or any other means of communication.
  
Added by Acts 1989, 71st Leg., ch. 306, Sec. 4, eff. Sept. 1, 1989.  Renumbered from art. 13.24 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(1), eff. Aug. 26, 1991.  Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 900, Sec. 3.01, eff. Sept. 1, 1994;  Acts 1997, 75th Leg., ch. 306, Sec. 4, eff. Sept. 1, 1997.
    
Art. 13.26. TELECOMMUNICATIONS CRIMES.  An offense under Chapter 33A, Penal Code, may be prosecuted in the county in which the telecommunications service originated or terminated or in the county to which the bill for the telecommunications service was or would have been delivered.
  
Added by Acts 1997, 75th Leg., ch. 306, Sec. 5, eff. Sept. 1, 1997.
    
Art. 13.27. SIMULATING LEGAL PROCESS.  An offense under Section 32.46, 32.48, 32.49, or 37.13, Penal Code, may be prosecuted either in the county from which any material document was sent or in the county in which it was delivered.
  
Added by Acts 1997, 75th Leg., ch. 189, Sec. 12, eff. May 21, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 13.26 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(6), eff. Sept. 1, 1999.
    
Art. 13.28. ESCAPE;  UNAUTHORIZED ABSENCE.  An offense of escape under Section 38.06, Penal Code, or unauthorized absence under Section 38.113, Penal Code, may be prosecuted in:
(1) the county in which the offense of escape or unauthorized absence was committed;  or
(2) the county in which the defendant committed the offense for which the defendant was placed in custody, detained, or required to submit to treatment.
  
Added by Acts 2003, 78th Leg., ch. 392, Sec. 1, eff. Sept. 1, 2003.
    
Art. 13.29. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.  An offense under Section 32.51, Penal Code, may be prosecuted in any county in which the offense was committed or in the county of residence for the person whose identifying information was fraudulently obtained, possessed, transferred, or used.
  
Added by Acts 2003, 78th Leg., ch. 415, Sec. 1, eff. Sept. 1, 2003.
Renumbered from Code of Criminal Procedure, Art/Sec 13.28 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(7), eff. September 1, 2005.
    
Art. 13.30.  FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE.  An offense under Section 32.52, Penal Code, may be prosecuted in the county in which an element of the offense occurs or in Travis County.
  
Added by Acts 2005, 79th Leg., Ch. 1039, Sec. 9, eff. September 1, 2005.
    
Art. 13.31.  FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION STATUTE.  An offense under Chapter 62 may be prosecuted in:
(1)  any county in which an element of the offense occurs;
(2)  the county in which the person subject to Chapter 62 last registered, verified registration, or otherwise complied with a requirement of Chapter 62;
(3)  the county in which the person required to register under Chapter 62 has indicated that the person intends to reside, regardless of whether the person establishes or attempts to establish residency in that county;
(4)  any county in which the person required to register under Chapter 62 is placed under custodial arrest for an offense subsequent to the person's most recent reportable conviction or adjudication under Chapter 62; or
(5)  the county in which the person required to register under Chapter 62 resides or is found by a peace officer, regardless of how long the person has been in the county or intends to stay in the county.
  
Added by Acts 2005, 79th Leg., Ch. 1008, Sec. 1.02, eff. September 1, 2005.
Renumbered from Code of Criminal Procedure, Art/Sec 13.30 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(8), eff. September 1, 2007.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 661, Sec. 1, eff. September 1, 2009.
    
Art. 13.315.  FAILURE TO COMPLY WITH SEXUALLY VIOLENT PREDATOR CIVIL COMMITMENT REQUIREMENT.  An offense under Section 841.085, Health and Safety Code, may be prosecuted in the county in which any element of the offense occurs or in Montgomery County.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1219, Sec. 10, eff. September 1, 2007.
    
Art. 13.32.  MISAPPLICATION OF CERTAIN PROPERTY.  (a)  An offender who misapplies property held as a fiduciary or property of a financial institution in one county and removes the property to another county may be prosecuted in the county where the offender misapplied the property, in any other county through or into which the offender removed the property, or, as applicable, in the county in which the fiduciary was appointed to serve.
(b)  An offense related to misapplication of construction trust funds under Chapter 162, Property Code, must be prosecuted in the county where the construction project is located.
  
Added by Acts 2005, 79th Leg., Ch. 1275, Sec. 1, eff. September 1, 2005.
Renumbered from Code of Criminal Procedure, Art/Sec 13.30 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(9), eff. September 1, 2007.
    
Art. 13.34.  CERTAIN OFFENSES COMMITTED AGAINST A CHILD COMMITTED TO THE TEXAS YOUTH COMMISSION.  An offense described by Article 104.003(a) committed by an employee or officer of the Texas Youth Commission or a person providing services under a contract with the commission against a child committed to the commission may be prosecuted in:
(1)  any county in which an element of the offense occurred; or
(2)  Travis County.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 947, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187, Sec. 4.001, eff. June 19, 2009.
      		  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 14. ARREST WITHOUT WARRANT

Art. 14.01. OFFENSE WITHIN VIEW.  (a)  A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 8, eff. Aug. 28, 1967.
    
Art. 14.02. WITHIN VIEW OF MAGISTRATE.  A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 14.03. AUTHORITY OF PEACE OFFICERS.  (a)  Any peace officer may arrest, without warrant:
(1)  persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;
(2)  persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;
(3)  persons who the peace officer has probable cause to believe have committed an offense defined by Section 25.07, Penal Code (violation of Protective Order), or by Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is not committed in the presence of the peace officer;
(4)  persons who the peace officer has probable cause to believe have committed an offense involving family violence;
(5)  persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, as defined by Section 42.062(d), Penal Code, if the offense is not committed in the presence of the peace officer; or
(6)  a person who makes a statement to the peace officer that would be admissible against the person under Article 38.21 and establishes probable cause to believe that the person has committed a felony.
(b) A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code (violation of Protective Order), or Section 38.112, Penal Code (violation of Protective Order issued on basis of sexual assault), if the offense is committed in the presence of the peace officer.
(c)  If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.
(d) A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the officer's presence or view, if the offense is a felony, a violation of Chapter 42 or 49, Penal Code, or a breach of the peace.  A peace officer making an arrest under this subsection shall, as soon as practicable after making the arrest, notify a law enforcement agency having jurisdiction where the arrest was made.  The law enforcement agency shall then take custody of the person committing the offense and take the person before a magistrate in compliance with Article 14.06 of this code.
(e) The justification for conduct provided under Section 9.21, Penal Code, applies to a peace officer when the peace officer is performing a duty required by this article.
(f)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(g)(1)  A peace officer listed in Subdivision (1), (2), or (5), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, other than a violation of Subtitle C, Title 7, Transportation Code.
(2)  A peace officer listed in Subdivision (3), Article 2.12, who is licensed under Chapter 1701, Occupations Code, and is outside of the officer's jurisdiction may arrest without a warrant a person who commits any offense within the officer's presence or view, except that an officer described in this subdivision who is outside of that officer's jurisdiction may arrest a person for a violation of Subtitle C, Title 7, Transportation Code, only if the offense is committed in the county or counties in which the municipality employing the peace officer is located.
(3)  A peace officer making an arrest under this subsection shall as soon as practicable after making the arrest notify a law enforcement agency having jurisdiction where the arrest was made.  The law enforcement agency shall then take custody of:
(A)  the person committing the offense and take the person before a magistrate in compliance with Article 14.06; and
(B)  any property seized during or after the arrest as if the property had been seized by a peace officer of that law enforcement agency.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 9, eff. Aug. 28, 1967.
      
Amended by Acts 1981, 67th Leg., p. 1865, ch. 442, Sec. 1, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 583, Sec. 2, eff. Sept. 1, 1985;  Subsec. (c) amended by Acts 1987, 70th Leg., ch. 68, Sec. 1, eff. Sept. 1, 1987;  Subsecs. (a), (b) amended by and (d), (e) added by Acts 1989, 71st Leg., ch. 740, Sec. 1, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 542, Sec. 9, eff. Sept. 1, 1991;  Subsecs. (a), (d) amended by Acts 1993, 73rd Leg., ch. 900, Sec. 3.02, eff. Sept. 1, 1994;  Subsecs. (a), (b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.17, eff. Sept. 1, 1995;  Subsec. (g) added by Acts 1995, 74th Leg., ch. 829, Sec. 1, eff. Aug. 28, 1995;  Subsec. (g) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.02, eff. Sept. 1, 1999;  amended by Acts 1999, 76th Leg., ch. 210, Sec. 2, eff. May 24, 1999;  Subsec. (a) amended by Acts 2003, 78th Leg., ch. 460, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 836, Sec. 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 989, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1164, Sec. 2, eff. Sept. 1, 2003;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 836, Sec. 2, eff. Sept. 1, 2003;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 836, Sec. 2, eff. Sept. 1, 2003;  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 897, Sec. 1, eff. Sept. 1, 2003;  Subsec. (f) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(d), eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 788, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 788, Sec. 5, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 847, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1015, Sec. 1, eff. September 1, 2005.
    
Art. 14.031. PUBLIC INTOXICATION.  (a)  In lieu of arresting an individual who is not a child, as defined by Section 51.02, Family Code, and who commits an offense under Section 49.02, Penal Code, a peace officer may release the individual if:
(1)  the officer believes detention in a penal facility is unnecessary for the protection of the individual or others;  and
(2)  the individual:
(A)  is released to the care of an adult who agrees to assume responsibility for the individual;  or
(B)  verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment.
(b)  A magistrate may release from custody an individual who is not a child, as defined by Section 51.02, Family Code, and who is arrested under Section 49.02, Penal Code, if the magistrate determines the individual meets the conditions required for release in lieu of arrest under Subsection (a) of this article.
(c) The release of an individual under Subsection (a) or (b) of this article to an alcohol or drug treatment program may not be considered by a peace officer or magistrate in determining whether the individual should be released to such a program for a subsequent incident or arrest under Section 49.02, Penal Code.
(d) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of an individual released under Subsection (a) or (b) of this article.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.04, eff. Sept. 1, 1994.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 311, Sec. 1, eff. September 1, 2009.
    
Art. 14.04. WHEN FELONY HAS BEEN COMMITTED.  Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 14.05. RIGHTS OF OFFICER.  In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless:
(1) a person who resides in the residence consents to the entry;  or
(2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 532, Sec. 1, eff. Aug. 31, 1987.
    
Art. 14.051. ARREST BY PEACE OFFICER FROM OTHER JURISDICTION.  (a)  A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person.
(b) In this article, "fresh pursuit" means a pursuit without unreasonable delay by a peace officer of a person the officer reasonably suspects has committed a felony.
  
Added by Acts 1989, 71st Leg., ch. 997, Sec. 2, eff. Aug. 28, 1989.
    
Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE.  (a)  Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.
(b)  A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02, Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate, the name and address of the person charged, the offense charged, and the following admonishment, in boldfaced or underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code.  If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."
(c)  If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.
(d)  Subsection (c) applies only to a person charged with committing an offense under:
(1)  Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;
(2)  Section 28.03, Penal Code, if the offense is punishable under Subsection (b)(2) of that section;
(3)  Section 28.08, Penal Code, if the offense is punishable under Subsection (b)(1) of that section;
(4)  Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;
(5)  Section 31.04, Penal Code, if the offense is punishable under Subsection (e)(2) of that section;
(6)  Section 38.114, Penal Code, if the offense is punishable as a Class B misdemeanor; or
(7)  Section 521.457, Transportation Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1735, ch. 659, Sec. 10, eff. Aug. 28, 1967.
      
Amended by Acts 1987, 70th Leg., ch. 455, Sec. 1, eff. Aug. 31, 1987;  Acts 1991, 72nd Leg., ch. 84, Sec. 1, eff. Sept. 1, 1991.  Subsec. (b) amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.05, eff. Sept. 1, 1994;  amended by Acts 1995, 74th Leg., ch. 262, Sec. 81, eff. Jan. 1, 1996;  Subsec. (a) amended by Acts 2001, 77th Leg., ch. 906, Sec. 3, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 320, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1379, Sec. 1, eff. September 1, 2009.
      	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 15. ARREST UNDER WARRANT

Art. 15.01. WARRANT OF ARREST.  A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.02. REQUISITES OF WARRANT.  It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.
2. It must state that the person is accused of some offense against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.03. MAGISTRATE MAY ISSUE WARRANT OR SUMMONS.  (a)  A magistrate may issue a warrant of arrest or a summons:
1. In any case in which he is by law authorized to order verbally the arrest of an offender;
2. When any person shall make oath before the magistrate that another has committed some offense against the laws of the State;  and
3. In any case named in this Code where he is specially authorized to issue warrants of arrest.
(b) A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.  The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.  If a defendant fails to appear in response to the summons a warrant shall be issued.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.04. COMPLAINT.  The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.05. REQUISITES OF COMPLAINT.  The complaint shall be sufficient, without regard to form, if it have these substantial requisites:
1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.
2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.
3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.
4. It must be signed by the affiant by writing his name or affixing his mark.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.051. REQUIRING POLYGRAPH EXAMINATION OF COMPLAINANT PROHIBITED.  (a)  A peace officer or an attorney representing the state may not require a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.
(b) If a peace officer or an attorney representing the state requests a polygraph examination of a person who charges or seeks to charge in a complaint the commission of an offense listed in Subsection (a), the officer or attorney must inform the complainant that the examination is not required and that a complaint may not be dismissed solely:
(1) because a complainant did not take a polygraph examination;  or
(2) on the basis of the results of a polygraph examination taken by the complainant.
(c) A peace officer or an attorney representing the state may not take a polygraph examination of a person who charges or seeks to charge the commission of an offense listed in Subsection (a) unless the officer or attorney provides the information in Subsection (b) to the person and the person signs a statement indicating the person understands the information.
(d) A complaint may not be dismissed solely:
(1) because a complainant did not take a polygraph examination;  or
(2) on the basis of the results of a polygraph examination taken by the complainant.
  
Added by Acts 1995, 74th Leg., ch. 24, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 608, Sec. 1, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.07, eff. September 1, 2007.
    
Art. 15.06. WARRANT EXTENDS TO EVERY PART OF THE STATE.  A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State;  and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1985, 69th Leg., ch. 666, Sec. 1, eff. June 14, 1985.
    
Art. 15.07. WARRANT ISSUED BY OTHER MAGISTRATE.  When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county than the one in which it issues, except:
1. It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State;  or
2. If it be endorsed by any magistrate in the county in which the accused is found, it may be executed in such county.  The endorsement may be:  "Let this warrant be executed in the county of ..........".  Or, if the endorsement is made by a judge of a court of record, then the endorsement may be:  "Let this warrant be executed in any county of the State of Texas".  Any other words of the same meaning will be sufficient.  The endorsement shall be dated, and signed officially by the magistrate making it.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1985, 69th Leg., ch. 666, Sec. 2, eff. June 14, 1985.
    
Art. 15.08.  WARRANT MAY BE FORWARDED.  A warrant of arrest may be forwarded by any method that ensures the transmission of a duplicate of the original warrant, including secure facsimile transmission or other secure electronic means or a telegraph transmission from any telegraph office to another in this State.  If issued by any magistrate named in Article 15.06, the peace officer receiving the same shall execute it without delay.  If it be issued by any other magistrate than is named in Article 15.06, the peace officer receiving the same shall proceed with it to the nearest magistrate of the peace officer's county, who shall endorse thereon, in substance, these words:
"Let this warrant be executed in the county of...........", which endorsement shall be dated and signed officially by the magistrate making the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 345, Sec. 1, eff. September 1, 2009.
    
Art. 15.09.  COMPLAINT MAY BE FORWARDED.  A complaint in accordance with Article 15.05, may be forwarded as provided by Article 15.08 to any magistrate in the State;  and the magistrate who receives the same shall forthwith issue a warrant for the arrest of the accused;  and the accused, when arrested, shall be dealt with as provided in this Chapter in similar cases.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 345, Sec. 1, eff. September 1, 2009.
    
Art. 15.10. COPY TO BE DEPOSITED.  A certified copy of the original warrant or complaint, certified to by the magistrate issuing or taking the same, shall be deposited with the manager of the telegraph office from which the same is to be forwarded, taking precedence over other business, to the place of its destination or to the telegraph office nearest thereto, precisely as it is written, including the certificate of the seal attached.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.11. DUTY OF TELEGRAPH MANAGER.  When a warrant or complaint is received at a telegraph office for delivery, it shall be delivered to the party to whom it is addressed as soon as practicable, written on the proper blanks of the telegraph company and certified to by the manager of the telegraph office as being a true and correct copy of the warrant or complaint received at his office.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.12. WARRANT OR COMPLAINT MUST BE UNDER SEAL.  No manager of a telegraph office shall receive and forward a warrant or complaint unless the same shall be certified to under the seal of a court of record or by a justice of the peace, with the certificate under seal of the district or county clerk of his county that he is a legally qualified justice of the peace of such county;  nor shall it be lawful for any magistrate to endorse a warrant received by telegraph, or issue a warrant upon a complaint received by telegraph, unless all the requirements of the law in relation thereto have been fully complied with.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.13. TELEGRAM PREPAID.  Whoever presents a warrant or complaint to the manager of a telegraph office to be forwarded by telegraph, shall pay for the same in advance, unless, by the rules of the company, it may be sent collect.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.14. ARREST AFTER DISMISSAL BECAUSE OF DELAY.  If a prosecution of a defendant is dismissed under Article 32.01, the defendant may be rearrested for the same criminal conduct alleged in the dismissed prosecution only upon presentation of indictment or information for the offense and the issuance of a capias subsequent to the indictment or information.
  
Added by Acts 1997, 75th Leg., ch. 289, Sec. 3, eff. May 26, 1997.
    
Art. 15.16.  HOW WARRANT IS EXECUTED.  (a)  The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested.  If the issuing or named magistrate is in another county, the person arrested shall without unnecessary delay be taken before some magistrate in the county in which he was arrested.
(b)  Notwithstanding Subsection (a), to provide more expeditiously to the person arrested the warnings described by Article 15.17, the officer or person executing the arrest warrant may as permitted by that article take the person arrested before a magistrate in a county other than the county of arrest.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 11, eff. Aug. 28, 1967.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094, Sec. 2, eff. September 1, 2005.
    
Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE.  (a)  In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.  The arrested person may be taken before the magistrate in person or the image of the arrested person may be presented to the magistrate by means of an electronic broadcast system.  The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial.  The magistrate shall also inform the person arrested of the person's right to request the appointment of counsel if the person cannot afford counsel.  The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel. If the person does not speak and understand the English language or is deaf, the magistrate shall inform the person in a manner consistent with Articles 38.30 and 38.31, as appropriate.  The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time.  If the person arrested is indigent and requests appointment of counsel and if the magistrate is authorized under Article 26.04 to appoint counsel for indigent defendants in the county, the magistrate shall appoint counsel in accordance with Article 1.051.  If the magistrate is not authorized to appoint counsel, the magistrate shall without unnecessary delay, but not later than 24 hours after the person arrested requests appointment of counsel, transmit, or cause to be transmitted to the court or to the courts' designee authorized under Article 26.04 to appoint counsel in the county, the forms requesting the appointment of counsel.  The magistrate shall also inform the person arrested that he is not required to make a statement and that any statement made by him may be used against him.  The magistrate shall allow the person arrested reasonable time and opportunity to consult counsel and shall, after determining whether the person is currently on bail for a separate criminal offense, admit the person arrested to bail if allowed by law.   A recording of the communication between the arrested person and the magistrate shall be made.  The recording shall be preserved until the earlier of the following dates:  (1) the date on which the pretrial hearing ends; or (2) the 91st day after the date on which the recording is made if the person is charged with a misdemeanor or the 120th day after the date on which the recording is made if the person is charged with a felony.  The counsel for the defendant may obtain a copy of the recording on payment of a reasonable amount to cover costs of reproduction.  For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the arrested person and the magistrate and includes secure Internet videoconferencing.
(b)  After an accused charged with a misdemeanor punishable by fine only is taken before a magistrate under Subsection (a) and the magistrate has identified the accused with certainty, the magistrate may release the accused without bond and order the accused to appear at a later date for arraignment in the applicable justice court or municipal court.  The order must state in writing the time, date, and place of the arraignment, and the magistrate must sign the order.  The accused shall receive a copy of the order on release.  If an accused fails to appear as required by the order, the judge of the court in which the accused is required to appear shall issue a warrant for the arrest of the accused.  If the accused is arrested and brought before the judge, the judge may admit the accused to bail, and in admitting the accused to bail, the judge should set as the amount of bail an amount double that generally set for the offense for which the accused was arrested.  This subsection does not apply to an accused who has previously been convicted of a felony or a misdemeanor other than a misdemeanor punishable by fine only.
(c) When a deaf accused is taken before a magistrate under this article or Article 14.06 of this Code, an interpreter appointed by the magistrate qualified and sworn as provided in Article 38.31 of this Code shall interpret the warning required by those articles in a language that the accused can understand, including but not limited to sign language.
(d) If a magistrate determines that a person brought before the magistrate after an arrest authorized by Article 14.051 of this code was arrested unlawfully, the magistrate shall release the person from custody.  If the magistrate determines that the arrest was lawful, the person arrested is considered a fugitive from justice for the purposes of Article 51.13 of this code, and the disposition of the person is controlled by that article.
(e) In each case in which a person arrested is taken before a magistrate as required by Subsection (a), a record shall be made of:
(1) the magistrate informing the person of the person's right to request appointment of counsel;
(2) the magistrate asking the person whether the person wants to request appointment of counsel;  and
(3) whether the person requested appointment of counsel.
(f) A record required under Subsection (e) may consist of written forms, electronic recordings, or other documentation as authorized by procedures adopted in the county under Article 26.04(a).
(g)  If a person charged with an offense punishable as a misdemeanor appears before a magistrate in compliance with a citation issued under Article 14.06(b) or (c), the magistrate shall perform the duties imposed by this article in the same manner as if the person had been arrested and brought before the magistrate by a peace officer.  After the magistrate performs the duties imposed by this article, the magistrate except for good cause shown may release the person on personal bond.  If a person who was issued a citation under Article 14.06(c) fails to appear as required by that citation, the magistrate before which the person is required to appear shall issue a warrant for the arrest of the accused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 12, eff. Aug. 28, 1967.
      
Amended by Acts 1979, 66th Leg., p. 398, ch. 186, Sec. 3, eff. May 15, 1979;  Subsec. (a) amended by Acts 1987, 70th Leg., ch. 455, Sec. 2, eff. Aug. 31, 1987.  Amended by Acts 1989, 71st Leg., ch. 467, Sec. 1, eff. Aug. 28, 1989;  Sec. (a) amended by Acts 1989, 71st Leg., ch. 977, Sec. 1, eff. Aug. 28, 1989;  Subsec. (c) added by Acts 1989, 71st Leg., ch. 997, Sec. 3, eff. Aug. 28, 1989;  Subsec. (d) relettered from subsec. (c) by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(2), eff. Aug. 26, 1991;  Subsec. (a) amended by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002;  Subsec. (a) amended by Acts 2001, 77th Leg., ch. 1281, Sec. 1, eff. Sept. 1, 2001;  Subsec. (e) added by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002;  Subsec. (f) added by Acts 2001, 77th Leg., ch. 906, Sec. 4, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 320, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 735, Sec. 1, eff. September 1, 2009.
    
Art. 15.18.  ARREST FOR OUT-OF-COUNTY OFFENSE.  (a)  A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or, to provide more expeditiously to the arrested person the warnings described by Article 15.17, before a magistrate in any other county of this state, including the county where the warrant was issued.  The magistrate shall:
(1)  take bail, if allowed by law, and, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or
(2)  in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.
(b)  Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case under Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense:
(1)  the written plea;
(2)  any orders entered in the case; and
(3)  any fine or costs collected in the case.
(c)  The arrested person may be taken before a magistrate by means of an electronic broadcast system as provided by and subject to the requirements of Article 15.17.
(d)  This article does not apply to an arrest made pursuant to a capias pro fine issued under Chapter 43 or Article 45.045.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 2001, 77th Leg., ch. 145, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094, Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 1, eff. September 1, 2007.
    
Art. 15.19. NOTICE OF ARREST.  (a)  If the arrested person fails or refuses to give bail, as provided in Article 15.18, the arrested person shall be committed to the jail of the county where the person was arrested; and the magistrate committing the arrested person shall immediately provide notice to the sheriff of the county in which the offense is alleged to have been committed regarding:
(1)  the arrest and commitment, which notice may be given by telegraph, mail, or other written means or by secure facsimile transmission or other secure electronic means; and
(2)  whether the person was also arrested under a warrant issued under Section 508.251, Government Code.
(b)  If a person is arrested and taken before a magistrate in a county other than the county in which the arrest is made and if the person is remanded to custody, the person may be confined in a jail in the county in which the magistrate serves for a period of not more than 72 hours after the arrest before being transferred to the county jail of the county in which the arrest occurred.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 40, Sec. 1, eff. Oct. 20, 1987.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 345, Sec. 2, eff. September 1, 2009.
    
Art. 15.20.  DUTY OF SHERIFF RECEIVING NOTICE.  (a)  Subject to Subsection (b), the sheriff receiving the notice of arrest and commitment under Article 15.19 shall forthwith go or send for the arrested person and have the arrested person brought before the proper court or magistrate.
(b)  A sheriff who receives notice under Article 15.19(a)(2) of a warrant issued under Section 508.251, Government Code, shall have the arrested person brought before the proper magistrate or court before the 11th day after the date the person is committed to the jail of the county in which the person was arrested.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 2, eff. June 15, 2007.
    
Art. 15.21.  PRISONER DISCHARGED IF NOT TIMELY DEMANDED.  If the proper office of the county where the offense is alleged to have been committed does not demand the arrested person and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, the arrested person shall be discharged from custody.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 3, eff. June 15, 2007.
    
Art. 15.22. WHEN A PERSON IS ARRESTED.  A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.23. TIME OF ARREST.  An arrest may be made on any day or at any time of the day or night.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.24. WHAT FORCE MAY BE USED.  In making an arrest, all reasonable means are permitted to be used to effect it.  No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.25. MAY BREAK DOOR.  In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 15.26. AUTHORITY TO ARREST MUST BE MADE KNOWN.  In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made.  The warrant shall be executed by the arrest of the defendant.  The officer need not have the warrant in his possession at the time of the arrest, provided the warrant was issued under the provisions of this Code, but upon request he shall show the warrant to the defendant as soon as possible.  If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.  The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information, and beginning immediately when the warrant is executed the magistrate's clerk shall make a copy of the warrant and the affidavit available for public inspection in the clerk's office during normal business hours.  A person may request the clerk to provide copies of the warrant and affidavit on payment of the cost of providing the copies.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 13, eff. Aug. 28, 1967.
      
Amended by Acts 2003, 78th Leg., ch. 390, Sec. 1, eff. Sept. 1, 2003.
    
Art. 15.27. NOTIFICATION TO SCHOOLS REQUIRED.  (a)  A law enforcement agency that arrests any person or refers a child to the office or official designated by the juvenile board who the agency believes is enrolled as a student in a public primary or secondary school, for an offense listed in Subsection (h), shall attempt to ascertain whether the person is so enrolled.  If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral within 24 hours after the arrest or referral is made, or on the next school day.  If the law enforcement agency cannot ascertain whether the individual is enrolled as a student, the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is believed to be enrolled of that arrest or detention within 24 hours after the arrest or detention, or on the next school day.  If the individual is a student, the superintendent shall promptly notify all instructional and support personnel who have responsibility for supervision of the student.  All personnel shall keep the information received in this subsection confidential.  The State Board for Educator Certification may revoke or suspend the certification of personnel who intentionally violate this subsection.  Within seven days after the date the oral notice is given, the law enforcement agency shall mail written notification, marked "PERSONAL and CONFIDENTIAL" on the mailing envelope, to the superintendent or the person designated by the superintendent.  Both the oral and written notice shall contain sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the superintendent or the superintendent's designee to determine whether there is a reasonable belief that the student has engaged in conduct defined as a felony offense by the Penal Code.  The information contained in the notice may be considered by the superintendent or the superintendent's designee in making such a determination.
(a-1)  The superintendent or a person designated by the superintendent in the school district may send to a school district employee having direct supervisory responsibility over the student the information contained in the confidential notice under Subsection (a) if the superintendent or the person designated by the superintendent determines that the employee needs the information for educational purposes or for the protection of the person informed or others.
(b)  On conviction, deferred prosecution, or deferred adjudication or an adjudication of delinquent conduct of an individual enrolled as a student in a public primary or secondary school, for an offense or for any conduct listed in Subsection (h) of this article, the office of the prosecuting attorney acting in the case shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of the conviction or adjudication and whether the student is required to register as a sex offender under Chapter 62.  Oral notification must be given within 24 hours of the time of the order or on the next school day.  The superintendent shall, within 24 hours of receiving notification from the office of the prosecuting attorney, notify all instructional and support personnel who have regular contact with the student.  Within seven days after the date the oral notice is given, the office of the prosecuting attorney shall mail written notice, which must contain a statement of the offense of which the individual is convicted or on which the adjudication, deferred adjudication, or deferred prosecution is grounded and a statement of whether the student is required to register as a sex offender under Chapter 62.
(c)  A parole, probation, or community supervision office, including a community supervision and corrections department, a juvenile probation department, the paroles division of the Texas Department of Criminal Justice, and the Texas Youth Commission, having jurisdiction over a student described by Subsection (a), (b), or (e) who transfers from a school or is subsequently removed from a school and later returned to a school or school district other than the one the student was enrolled in when the arrest, referral to a juvenile court, conviction, or adjudication occurred shall within 24 hours of learning of the student's transfer or reenrollment notify the superintendent or a person designated by the superintendent of the school district to which the student transfers or is returned or, in the case of a private school, the principal or a school employee designated by the principal of the school to which the student transfers or is returned of the arrest or referral in a manner similar to that provided for by Subsection (a) or (e)(1), or of the conviction or delinquent adjudication in a manner similar to that provided for by Subsection (b) or (e)(2).  The superintendent of the school district to which the student transfers or is returned or, in the case of a private school, the principal of the school to which the student transfers or is returned shall, within 24 hours of receiving notification under this subsection, notify all instructional and support personnel who have regular contact with the student.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1240, Sec. 5, eff. June 15, 2007.
(e)(1) A law enforcement agency that arrests, or refers to a juvenile court under Chapter 52, Family Code, an individual who the law enforcement agency knows or believes is enrolled as a student in a private primary or secondary school shall make the oral and written notifications described by Subsection (a) to the principal or a school employee designated by the principal of the school in which the student is enrolled.
(2) On conviction, deferred prosecution, or deferred adjudication or an adjudication of delinquent conduct of an individual enrolled as a student in a private primary or secondary school, the office of prosecuting attorney shall make the oral and written notifications described by Subsection (b) of this article to the principal or a school employee designated by the principal of the school in which the student is enrolled.
(3) The principal of a private school in which the student is enrolled or a school employee designated by the principal may send to a school employee having direct supervisory responsibility over the student the information contained in the confidential notice, for the same purposes as described by Subsection (d) of this article.
(f) A person who receives information under this article may not disclose the information except as specifically authorized by this article.  A person who intentionally violates this article commits an offense.  An offense under this subsection is a Class C misdemeanor.
(g) The office of the prosecuting attorney or the office or official designated by the juvenile board shall, within two working days, notify the school district that removed a student to a disciplinary alternative education program under Section 37.006, Education Code, if:
(1) prosecution of the student's case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated;  or
(2) the court or jury found the student not guilty or made a finding the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.
(h) This article applies to any felony offense and the following misdemeanors:
(1) an offense under Section 20.02, 21.08, 22.01, 22.05, 22.07, or 71.02, Penal Code;
(2) the unlawful use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana, as defined by Chapter 481, Health and Safety Code;  or
(3) the unlawful possession of any of the weapons or devices listed in Sections 46.01(1)-(14) or (16), Penal Code, or a weapon listed as a prohibited weapon under Section 46.05, Penal Code.
(i)  A person may substitute electronic notification for oral notification where oral notification is required by this article.  If electronic notification is substituted for oral notification, any written notification required by this article is not required.
(j)  The notification provisions of this section concerning a person who is required to register as a sex offender under Chapter 62 do not lessen the requirement of a person to provide any additional notification prescribed by that chapter.
  
Added by Acts 1993, 73rd Leg., ch. 461, Sec. 1, eff. Sept. 1, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 626, Sec. 1, eff. Aug. 28, 1995;  Subsec. (h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.18, eff. Sept. 1, 1995;  Subsec. (a) amended by Acts 1997, 75th Leg., ch. 1015, Sec. 12, eff. June 19, 1997;  amended by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997;  Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 1015, Sec. 12, eff. June 19, 1997;  amended by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997;  Subsec. (e)(1) amended by Acts 1997, 75th Leg., ch. 1015, Sec. 13, eff. June 19, 1997;  Subsec. (g) amended by Acts 1997, 75th Leg., ch. 1015, Sec. 14, eff. June 19, 1997;  Subsec. (h) amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.02, eff. Sept. 1, 1997;  amended by Acts 1997, 75th Leg., ch. 1015, Sec. 12, eff. June 19, 1997;  amended by Acts 1997, 75th Leg., ch. 1233, Sec. 1, eff. June 20, 1997;  Subsecs. (a), (g) amended by Acts 2001, 77th Leg., ch. 1297, Sec. 48, eff. Sept. 1, 2001;  Subsec. (h) amended by Acts 2001, 77th Leg., ch. 1297, Sec. 49, eff. Sept. 1, 2001;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1055, Sec. 25, eff. June 20, 2003;  Subsec. (e)(2) amended by Acts 2003, 78th Leg., ch. 1055, Sec. 26, eff. June 20, 2003;  Subsec. (g) amended by Acts 2003, 78th Leg., ch. 1055, Sec. 27, eff. June 20, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 949, Sec. 31, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 492, Sec. 1, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1240, Sec. 4, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1240, Sec. 5, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 6.002, eff. September 1, 2009.
      				  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 16. THE COMMITMENT OR DISCHARGE OF THE ACCUSED

Art. 16.01. EXAMINING TRIAL.  When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation made, allowing the accused, however, sufficient time to procure counsel.  In a proper case, the magistrate may appoint counsel to represent an accused in such examining trial only, to be compensated as otherwise provided in this Code.  The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount or sufficiency of bail, if a bailable case.  If the accused has been transferred for criminal prosecution after a hearing under Section 54.02, Family Code, the accused may be granted an examining trial at the discretion of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 140, Sec. 4, eff. Sept. 1, 1987.
    
Art. 16.02. EXAMINATION POSTPONED.  The magistrate may at the request of either party postpone the examination to procure testimony;  but the accused shall in the meanwhile be detained in custody unless he give bail to be present from day to day before the magistrate until the examination is concluded, which he may do in all cases except murder and treason.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.03. WARNING TO ACCUSED.  Before the examination of the witnesses, the magistrate shall inform the accused that it is his right to make a statement relative to the accusation brought against him, but at the same time shall also inform him that he cannot be compelled to make any statement whatever, and that if he does make such statement, it may be used in evidence against him.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.04. VOLUNTARY STATEMENT.  If the accused desires to make a voluntary statement, he may do so before the examination of any witness, but not afterward.  His statement shall be reduced to writing by or under the direction of the magistrate, or by the accused or his counsel, and shall be signed by the accused by affixing his name or mark, but shall not be sworn to by him.  The magistrate shall attest by his own certificate and signature to the execution and signing of the statement.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.06. COUNSEL MAY EXAMINE WITNESS.  The counsel for the State, and the accused or his counsel may question the witnesses on direct or cross examination.  If no counsel appears for the State the magistrate may examine the witnesses.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.07. SAME RULES OF EVIDENCE AS ON FINAL TRIAL.  The same rules of evidence shall apply to and govern a trial before an examining court that apply to and govern a final trial.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.08. PRESENCE OF THE ACCUSED.  The examination of each witness shall be in the presence of the accused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.09. TESTIMONY REDUCED TO WRITING.  The testimony of each witness shall be reduced to writing by or under the direction of the magistrate, and shall then be read over to the witness, or he may read it over himself.  Such corrections shall be made in the same as the witness may direct;  and he shall then sign the same by affixing thereto his name or mark.  All the testimony thus taken shall be certified to by the magistrate.  In lieu of the above provision, a statement of facts authenticated by State and defense counsel and approved by the presiding magistrate may be used to preserve the testimony of witnesses.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.10. ATTACHMENT FOR WITNESS.  The magistrate has the power in all cases, where a witness resides or is in the county where the prosecution is pending, to issue an attachment for the purpose of enforcing the attendance of such witness;  this he may do without having previously issued a subpoena for that purpose.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.11. ATTACHMENT TO ANOTHER COUNTY.  The magistrate may issue an attachment for a witness to any county in the State, when affidavit is made by the party applying therefor that the testimony of the witness is material to the prosecution, or the defense, as the case may be;  and the affidavit shall further state the facts which it is expected will be proved by the witness;  and if the facts set forth are not considered material by the magistrate, or if they be admitted to be true by the adverse party, the attachment shall not issue.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.12. WITNESS NEED NOT BE TENDERED HIS WITNESS FEES OR EXPENSES.  A witness attached need not be tendered his witness fees or expenses.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.13. ATTACHMENT EXECUTED FORTHWITH.  The officer receiving the attachment shall execute it forthwith by bringing before the magistrate the witness named therein, unless such witness shall give bail for his appearance before the magistrate at the time and place required by the writ.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.14. POSTPONING EXAMINATION.  After examining the witness in attendance, if it appear to the magistrate that there is other important testimony which may be had by a postponement, he shall, at the request of the prosecutor or of the defendant, postpone the hearing for a reasonable time to enable such testimony to be procured;  but in such case the accused shall remain in the custody of the proper officer until the day fixed for such further examination.  No postponement shall take place, unless a sworn statement be made by the defendant, or the prosecutor, setting forth the name and residence of the witness, and the facts which it is expected will be proved.  If it be testimony other than that of a witness, the statement made shall set forth the nature of the evidence.  If the magistrate is satisfied that the testimony is not material, or if the same be admitted to be true by the adverse party, the postponement shall be refused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.15. WHO MAY DISCHARGE CAPITAL OFFENSE.  The examination of one accused of a capital offense shall be conducted by a justice of the peace, county judge, county court at law, or county criminal court.  The judge may admit to bail, except in capital cases where the proof is evident.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.16. IF INSUFFICIENT BAIL HAS BEEN TAKEN.  Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or to a judge of the district or county court, that the bail taken in any case is insufficient in amount, or that the sureties are not good for the amount, or that the bond is for any reason defective or insufficient, such judge shall issue a warrant of arrest, and require of the defendant sufficient bond and security, according to the nature of the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 802, ch. 291, Sec. 104, eff. Sept. 1, 1981.
    
Art. 16.17. DECISION OF JUDGE.  After the examining trial has been had, the judge shall make an order committing the defendant to the jail of the proper county, discharging him or admitting him to bail, as the law and facts of the case may require.  Failure of the judge to make or enter an order within 48 hours after the examining trial has been completed operates as a finding of no probable cause and the accused shall be discharged.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.18. WHEN NO SAFE JAIL.  If there is no safe jail in the county in which the prosecution is carried on, the magistrate may commit defendant to the nearest safe jail in any other county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.19. WARRANT IN SUCH CASE.  The commitment in the case mentioned in the preceding Article shall be directed to the sheriff of the county to which the defendant is sent, but the sheriff of the county from which the defendant is taken shall be required to deliver the prisoner into the hands of the sheriff to whom he is sent.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.20. "COMMITMENT".  A "commitment" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.  It will be sufficient if it have the following requisites:
1. That it run in the name of "The State of Texas";
2. That it be addressed to the sheriff of the county to the jail of which the defendant is committed;
3. That it state in plain language the offense for which the defendant is committed, and give his name, if it be known, or if unknown, contain an accurate description of the defendant;
4. That it state to what court and at what time the defendant is to be held to answer;
5. When the prisoner is sent out of the county where the prosecution arose, the warrant of commitment shall state that there is no safe jail in the proper county;  and
6. If bail has been granted, the amount of bail shall be stated in the warrant of commitment.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.21. DUTY OF SHERIFF AS TO PRISONERS.  Every sheriff shall keep safely a person committed to his custody.  He shall use no cruel or unusual means to secure this end, but shall adopt all necessary measures to prevent the escape of a prisoner.  He may summon a guard of sufficient number, in case it becomes necessary to prevent an escape from jail, or the rescue of a prisoner.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 16.22.  EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR MENTAL RETARDATION.  (a)  (1)  Not later than 72 hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's custody has a mental illness or is a person with mental retardation, including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate.   On a determination that there is reasonable cause to believe that the defendant has a mental illness or is a person with mental retardation, the magistrate, except as provided by Subdivision (2), shall order the local mental health or mental retardation authority or another qualified mental health or mental retardation expert to:
(A)  collect information regarding whether the defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with mental retardation as defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the defendant; and
(B)  provide to the magistrate a written assessment of the information collected under Paragraph (A).
(2)  The magistrate is not required to order the collection of information under Subdivision (1) if the defendant in the year preceding the defendant's applicable date of arrest has been determined to have a mental illness or to be a person with mental retardation by the local mental health or mental retardation authority or another mental health or mental retardation expert described by Subdivision (1).  A court that elects to use the results of that previous determination may proceed under Subsection (c).
(3)  If the defendant fails or refuses to submit to the collection of information regarding the defendant as required under Subdivision (1), the magistrate may order the defendant to submit to an examination in a mental health facility determined to be appropriate by the local mental health or mental retardation authority for a reasonable period not to exceed 21 days.  The magistrate may order a defendant to a facility operated by the Department of State Health Services or the Department of Aging and Disability Services for examination only on request of the local mental health or mental retardation authority and with the consent of the head of the facility.  If a defendant who has been ordered to a facility operated by the Department of State Health Services or the Department of Aging and Disability Services for examination remains in the facility for a period exceeding 21 days, the head of that facility shall cause the defendant to be immediately transported to the committing court and placed in the custody of the sheriff of the county in which the committing court is located.  That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time.
(b)  A written assessment of the information collected under Subsection (a)(1)(A) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection (a) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case, and the magistrate shall provide copies of the written assessment to the defense counsel, the prosecuting attorney, and the trial court.  The written assessment must include a description of the procedures used in the collection of information under Subsection (a)(1)(A) and the applicable expert's observations and findings pertaining to:
(1)  whether the defendant is a person who has a mental illness or is a person with mental retardation;
(2)  whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B, Chapter 46B; and
(3)  recommended treatment.
(c)  After the trial court receives the applicable expert's written assessment relating to the defendant under Subsection (b) or elects to use the results of a previous determination as described by Subsection (a)(2), the trial court may, as applicable:
(1)  resume criminal proceedings against the defendant, including any appropriate proceedings related to the defendant's release on personal bond under Article 17.032;
(2)  resume or initiate competency proceedings, if required, as provided by Chapter 46B or other proceedings affecting the defendant's receipt of appropriate court-ordered mental health or mental retardation services, including proceedings related to the defendant's receipt of outpatient mental health services under Section 574.034, Health and Safety Code; or
(3)  consider the written assessment during the punishment phase after a conviction of the offense for which the defendant was arrested, as part of a presentence investigation report, or in connection with the impositions of conditions following placement on community supervision, including deferred adjudication community supervision.
(d)  This article does not prevent the applicable court from, before, during, or after the collection of information regarding the defendant as described by this article:
(1)  releasing a mentally ill or mentally retarded defendant from custody on personal or surety bond; or
(2)  ordering an examination regarding the defendant's competency to stand trial.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.05, eff. Sept. 1, 1994.  Amended by Acts 1997, 75th Leg., ch. 312, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 828, Sec. 1, eff. Sept. 1, 2001;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 35, Sec. 2, eff. Jan. 1, 2004;  Subsec. (c)(2) amended by Acts 2003, 78th Leg., ch. 35, Sec. 2, eff. Jan. 1, 2004.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1307, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1228, Sec. 1, eff. September 1, 2009.
      			  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 17. BAIL

Art. 17.01. DEFINITION OF "BAIL".  "Bail" is the security given by the accused that he will appear and answer before the proper court the accusation brought against him, and includes a bail bond or a personal bond.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.02. DEFINITION OF "BAIL BOND".  A "bail bond" is a written undertaking entered into by the defendant and his sureties for the appearance of the principal therein before some court or magistrate to answer a criminal accusation;  provided, however, that the defendant upon execution of such bail bond may deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signing the same.  Any cash funds deposited under this Article shall be receipted for by the officer receiving the same and shall be refunded to the defendant if and when the defendant complies with the conditions of his bond, and upon order of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.03. PERSONAL BOND.  (a)  Except as provided by Subsection (b) of this article, a magistrate may, in the magistrate's discretion, release the defendant on his personal bond without sureties or other security.
(b)  Only the court before whom the case is pending may release on personal bond a defendant who:
(1)  is charged with an offense under the following sections of the Penal Code:
(A)  Section 19.03 (Capital Murder);
(B)  Section 20.04 (Aggravated Kidnapping);
(C)  Section 22.021 (Aggravated Sexual Assault);
(D)  Section 22.03 (Deadly Assault on Law Enforcement or Corrections Officer, Member or Employee of Board of Pardons and Paroles, or Court Participant);
(E)  Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual);
(F)  Section 29.03 (Aggravated Robbery);
(G)  Section 30.02 (Burglary);
(H)  Section 71.02 (Engaging in Organized Criminal Activity); or
(I)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children);
(2)  is charged with a felony under Chapter 481, Health and Safety Code, or Section 485.033, Health and Safety Code, punishable by imprisonment for a minimum term or by a maximum fine that is more than a minimum term or maximum fine for a first degree felony; or
(3)  does not submit to testing for the presence of a controlled substance in the defendant's body as requested by the court or magistrate under Subsection (c) of this article or submits to testing and the test shows evidence of the presence of a controlled substance in the defendant's body.
(c) When setting a personal bond under this chapter, on reasonable belief by the investigating or arresting law enforcement agent or magistrate of the presence of a controlled substance in the defendant's body or on the finding of drug or alcohol abuse related to the offense for which the defendant is charged, the court or a magistrate shall require as a condition of personal bond that the defendant submit to testing for alcohol or a controlled substance in the defendant's body and participate in an alcohol or drug abuse treatment or education program if such a condition will serve to reasonably assure the appearance of the defendant for trial.
(d) The state may not use the results of any test conducted under this chapter in any criminal proceeding arising out of the offense for which the defendant is charged.
(e) Costs of testing may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
(f) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(g) The court may order that a personal bond fee assessed under Section 17.42 be:
(1) paid before the defendant is released;
(2) paid as a condition of bond;
(3) paid as court costs;
(4) reduced as otherwise provided for by statute;  or
(5) waived.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1989, 71st Leg., ch. 374, Sec. 1, eff. Sept. 1, 1989;  Sec. (b)(2) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(57), eff. Sept. 1, 1991;  Subsec. (f) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(45), eff. Sept. 1, 1991;  Subsec. (b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.19, eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.08, eff. September 1, 2007.
    
Art. 17.031. RELEASE ON PERSONAL BOND.  (a)  Any magistrate in this state may release a defendant eligible for release on personal bond under Article 17.03 of this code on his personal bond where the complaint and warrant for arrest does not originate in the county wherein the accused is arrested if the magistrate would have had jurisdiction over the matter had the complaint arisen within the county wherein the magistrate presides.  The personal bond may not be revoked by the judge of the court issuing the warrant for arrest except for good cause shown.
(b) If there is a personal bond office in the county from which the warrant for arrest was issued, the court releasing a defendant on his personal bond will forward a copy of the personal bond to the personal bond office in that county.
  
Added by Acts 1971, 62nd Leg., p. 2445, ch. 787, Sec. 1, eff. June 8, 1971.
      
Amended by Acts 1989, 71st Leg., ch. 374, Sec. 2, eff. Sept. 1, 1989.
    
Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN MENTALLY ILL DEFENDANTS.  (a)  In this article, "violent offense" means an offense under the following sections of the Penal Code:
(1)  Section 19.02 (murder);
(2)  Section 19.03 (capital murder);
(3)  Section 20.03 (kidnapping);
(4)  Section 20.04 (aggravated kidnapping);
(5)  Section 21.11 (indecency with a child);
(6)  Section 22.01(a)(1) (assault);
(7)  Section 22.011 (sexual assault);
(8)  Section 22.02 (aggravated assault);
(9)  Section 22.021 (aggravated sexual assault);
(10)  Section 22.04 (injury to a child, elderly individual, or disabled individual);
(11)  Section 29.03 (aggravated robbery); or
(12)  Section 21.02 (continuous sexual abuse of young child or children).
(b)  A magistrate shall release a defendant on personal bond unless good cause is shown otherwise if the:
(1)  defendant is not charged with and has not been previously convicted of a violent offense;
(2)  defendant is examined by the local mental health or mental retardation authority or another mental health expert under Article 16.22 of this code;
(3)  applicable expert, in a written assessment submitted to the magistrate under Article 16.22:
(A)  concludes that the defendant has a mental illness or is a person with mental retardation and is nonetheless competent to stand trial; and
(B)  recommends mental health treatment for the defendant; and
(4)  magistrate determines, in consultation with the local mental health or mental retardation authority, that appropriate community-based mental health or mental retardation services for the defendant are available through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety Code, or through another mental health or mental retardation services provider.
(c) The magistrate, unless good cause is shown for not requiring treatment, shall require as a condition of release on personal bond under this article that the defendant submit to outpatient or inpatient mental health or mental retardation treatment as recommended by the local mental health or mental retardation authority if the defendant's:
(1) mental illness or mental retardation is chronic in nature;  or
(2) ability to function independently will continue to deteriorate if the defendant is not treated.
(d) In addition to a condition of release imposed under Subsection (c) of this article, the magistrate may require the defendant to comply with other conditions that are reasonably necessary to protect the community.
(e) In this article, a person is considered to have been convicted of an offense if:
(1) a sentence is imposed;
(2) the person is placed on community supervision or receives deferred adjudication;  or
(3) the court defers final disposition of the case.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 3.06, eff. Sept. 1, 1994.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.20, eff. Sept. 1, 1995;  Subsecs. (b), (c) amended by Acts 1997, 75th Leg., ch. 312, Sec. 2, eff. Sept. 1, 1997;  Subsecs. (b), (c) amended by Acts 2001, 77th Leg., ch. 828, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.09, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1228, Sec. 2, eff. September 1, 2009.
    
Art. 17.033. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED WITHOUT A WARRANT.  (a)  Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $5,000, not later than the 24th hour after the person's arrest if the person was arrested for a misdemeanor and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(b) Except as provided by Subsection (c), a person who is arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, not later than the 48th hour after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.  If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.
(c) On the filing of an application by the attorney representing the state, a magistrate may postpone the release of a person under Subsection (a) or (b) for not more than 72 hours after the person's arrest.  An application filed under this subsection must state the reason a magistrate has not determined whether probable cause exists to believe that the person committed the offense for which the person was arrested.
(d) The time limits imposed by Subsections (a) and (b) do not apply to a person arrested without a warrant who is taken to a hospital, clinic, or other medical facility before being taken before a magistrate under Article 15.17.  For a person described by this subsection, the time limits imposed by Subsections (a) and (b) begin to run at the time, as documented in the records of the hospital, clinic, or other medical facility, that a physician or other medical professional releases the person from the hospital, clinic, or other medical facility.
  
Added by Acts 2001, 77th Leg., ch. 906, Sec. 5(a), eff. Jan. 1, 2002.  Subsec. (d) added by Acts 2003, 78th Leg., ch. 298, Sec. 1, eff. June 18, 2003.
    
Art. 17.04. REQUISITES OF A PERSONAL BOND.  A personal bond is sufficient if it includes the requisites of a bail bond as set out in Article 17.08, except that no sureties are required.  In addition, a personal bond shall contain:
(1) the defendant's name, address, and place of employment;
(2) identification information, including the defendant's:
(A) date and place of birth;
(B) height, weight, and color of hair and eyes;
(C) driver's license number and state of issuance, if any;  and
(D) nearest relative's name and address, if any;  and
(3) the following oath sworn and signed by the defendant:
"I swear that I will appear before (the court or magistrate) at (address, city, county) Texas, on the (date), at the hour of (time, a.m. or p.m.) or upon notice by the court, or pay to the court the principal sum of (amount) plus all necessary and reasonable expenses incurred in any arrest for failure to appear."
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 623, Sec. 1, eff. Sept. 1, 1987.
    
Art. 17.045. BAIL BOND CERTIFICATES.  A bail bond certificate with respect to which a fidelity and surety company has become surety as provided in the Automobile Club Services Act, or for any truck and bus association incorporated in this state, when posted by the person whose signature appears thereon, shall be accepted as bail bond in an amount not to exceed $200 to guarantee the appearance of such person in any court in this state when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state, except for the offense of driving while intoxicated or for any felony, and the alleged violation was committed prior to the date of expiration shown on such bail bond certificate.
  
Added by Acts 1969, 61st Leg., p. 2033, ch. 697, Sec. 2, eff. Sept. 1, 1969.
    
Art. 17.05. WHEN A BAIL BOND IS GIVEN.  A bail bond is entered into either before a magistrate, upon an examination of a criminal accusation, or before a judge upon an application under habeas corpus;  or it is taken from the defendant by a peace officer if authorized by Article 17.20, 17.21, or 17.22.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 3045, ch. 1006, Sec. 1, eff. Aug. 30, 1971.
    
Art. 17.06. CORPORATION AS SURETY.  Wherever in this Chapter, any person is required or authorized to give or execute any bail bond, such bail bond may be given or executed by such principal and any corporation authorized by law to act as surety, subject to all the provisions of this Chapter regulating and governing the giving of bail bonds by personal surety insofar as the same is applicable.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.07. CORPORATION TO FILE WITH COUNTY CLERK POWER OF ATTORNEY DESIGNATING AGENT.  Any corporation authorized by the law of this State to act as a surety, shall before executing any bail bond as authorized in the preceding Article, first file in the office of the county clerk of the county where such bail bond is given, a power of attorney designating and authorizing the named agent, agents or attorney of such corporation to execute such bail bonds and thereafter the execution of such bail bonds by such agent, agents or attorney, shall be a valid and binding obligation of such corporation.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.08. REQUISITES OF A BAIL BOND.  A bail bond must contain the following requisites:
1. That it be made payable to "The State of Texas";
2. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper court or magistrate to answer the accusation against him;
3. If the defendant is charged with a felony, that it state that he is charged with a felony.  If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor;
4. That the bond be signed by name or mark by the principal and sureties, if any, each of whom shall write thereon his mailing address;
5. That the bond state the time and place, when and where the accused binds himself to appear, and the court or magistrate before whom he is to appear.  The bond shall also bind the defendant to appear before any court or magistrate before whom the cause may thereafter be pending at any time when, and place where, his presence may be required under this Code or by any court or magistrate, but in no event shall the sureties be bound after such time as the defendant receives an order of deferred adjudication or is acquitted, sentenced, placed on community supervision, or dismissed from the charge;
6. The bond shall also be conditioned that the principal and sureties, if any, will pay all necessary and reasonable expenses incurred by any and all sheriffs or other peace officers in rearresting the principal in the event he fails to appear before the court or magistrate named in the bond at the time stated therein.  The amount of such expense shall be in addition to the principal amount specified in the bond.  The failure of any bail bond to contain the conditions specified in this paragraph shall in no manner affect the legality of any such bond, but it is intended that the sheriff or other peace officer shall look to the defendant and his sureties, if any, for expenses incurred by him, and not to the State for any fees earned by him in connection with the rearresting of an accused who has violated the conditions of his bond.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 1, eff. Sept. 1, 1999.
    
Art. 17.085.  NOTICE OF APPEARANCE DATE.  The clerk of a court that does not provide online Internet access to that court's criminal case records shall post in a designated public place in the courthouse notice of a criminal court docket setting not less than 48 hours before the docket setting.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1038, Sec. 1, eff. September 1, 2007.
    
Art. 17.09. DURATION;  ORIGINAL AND SUBSEQUENT PROCEEDINGS;  NEW BAIL.
Sec. 1. Where a defendant, in the course of a criminal action, gives bail before any court or person authorized by law to take same, for his personal appearance before a court or magistrate, to answer a charge against him, the said bond shall be valid and binding upon the defendant and his sureties, if any, thereon, for the defendant's personal appearance before the court or magistrate designated therein, as well as before any other court to which same may be transferred, and for any and all subsequent proceedings had relative to the charge, and each such bond shall be so conditioned except as hereinafter provided.
Sec. 2. When a defendant has once given bail for his appearance in answer to a criminal charge, he shall not be required to give another bond in the course of the same criminal action except as herein provided.
Sec. 3. Provided that whenever, during the course of the action, the judge or magistrate in whose court such action is pending finds that the bond is defective, excessive or insufficient in amount, or that the sureties, if any, are not acceptable, or for any other good and sufficient cause, such judge or magistrate may, either in term-time or in vacation, order the accused to be rearrested, and require the accused to give another bond in such amount as the judge or magistrate may deem proper.  When such bond is so given and approved, the defendant shall be released from custody.
Sec. 4.  Notwithstanding any other provision of this article, the judge or magistrate in whose court a criminal action is pending may not order the accused to be rearrested or require the accused to give another bond in a higher amount because the accused:
(1)  withdraws a waiver of the right to counsel; or
(2)  requests the assistance of counsel, appointed or retained.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 463, Sec. 2, eff. September 1, 2007.
    
Art. 17.091.  NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.  Before a judge or magistrate reduces the amount of bail set for a defendant charged with an offense listed in Section 3g, Article 42.12, or an offense described by Article 62.001(5), the judge or magistrate shall provide:
(1)  to the attorney representing the state, reasonable notice of the proposed bail reduction; and
(2)  on request of the attorney representing the state or the defendant or the defendant's counsel, an opportunity for a hearing concerning the proposed bail reduction.
  
Added by Acts 2005, 79th Leg., Ch. 671, Sec. 1, eff. September 1, 2005.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.10, eff. September 1, 2007.
    
Art. 17.10.  DISQUALIFIED SURETIES.  (a)  A minor may not be surety on a bail bond, but the accused party may sign as principal.
(b)  A person, for compensation, may not be a surety on a bail bond written in a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist unless the person, within two years before the bail bond is given, completed in person at least eight hours of continuing legal education in criminal law courses or bail bond law courses that are:
(1)  approved by the State Bar of Texas; and
(2)  offered by an accredited institution of higher education in this state.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2005, 79th Leg., Ch. 743, Sec. 1, eff. September 1, 2005.
    
Art. 17.11. HOW BAIL BOND IS TAKEN.
Sec. 1. Every court, judge, magistrate or other officer taking a bail bond shall require evidence of the sufficiency of the security offered;  but in every case, one surety shall be sufficient, if it be made to appear that such surety is worth at least double the amount of the sum for which he is bound, exclusive of all property exempted by law from execution, and of debts or other encumbrances;  and that he is a resident of this state, and has property therein liable to execution worth the sum for which he is bound.
Sec. 2. Provided, however, any person who has signed as a surety on a bail bond and is in default thereon shall thereafter be disqualified to sign as a surety so long as he is in default on said bond.  It shall be the duty of the clerk of the court wherein such surety is in default on a bail bond, to notify in writing the sheriff, chief of police, or other peace officer, of such default.  A surety shall be deemed in default from the time execution may be issued on a final judgment in a bond forfeiture proceeding under the Texas Rules of Civil Procedure, unless the final judgment is superseded by the posting of a supersedeas bond.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1736, ch. 659, Sec. 14, eff. Aug. 28, 1967.
      
Sec. 2 amended by Acts 1999, 76th Leg., ch. 1506, Sec. 2, eff. Sept. 1, 1999.
    
Art. 17.12. EXEMPT PROPERTY.  The property secured by the Constitution and laws from forced sale shall not, in any case, be held liable for the satisfaction of bail, either as to principal or sureties, if any.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.13. SUFFICIENCY OF SURETIES ASCERTAINED.  To test the sufficiency of the security offered to any bail bond, unless the court or officer taking the same is fully satisfied as to its sufficiency, the following oath shall be made in writing and subscribed by the sureties:  "I, do swear that I am worth, in my own right, at least the sum of (here insert the amount in which the surety is bound), after deducting from my property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the payment of all my debts of every description, whether individual or security debts, and after satisfying all encumbrances upon my property which are known to me;  that I reside in .......... County, and have property in this State liable to execution worth said amount or more.
(Dated .........., and attested by the judge of the court, clerk, magistrate or sheriff.)"
Such affidavit shall be filed with the papers of the proceedings.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.14. AFFIDAVIT NOT CONCLUSIVE.  Such affidavit shall not be conclusive as to the sufficiency of the security;  and if the court or officer taking the bail bond is not fully satisfied as to the sufficiency of the security offered, further evidence shall be required before approving the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.141.  ELIGIBLE BAIL BOND SURETIES IN CERTAIN COUNTIES. In a county in which a county bail bond board regulated under Chapter 1704, Occupations Code, does not exist, the sheriff may post a list of eligible bail bond sureties whose security has been determined to be sufficient.  Each surety listed under this article must file annually a sworn financial statement with the sheriff.
  
Added by Acts 2005, 79th Leg., Ch. 743, Sec. 2, eff. September 1, 2005.
    
Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL.  The amount of bail to be required in any case is to be regulated by the court, judge, magistrate or officer taking the bail;  they are to be governed in the exercise of this discretion by the Constitution and by the following rules:
1. The bail shall be sufficiently high to give reasonable assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make it an instrument of oppression.
3. The nature of the offense and the circumstances under which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may be taken upon this point.
5. The future safety of a victim of the alleged offense and the community shall be considered.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1985, 69th Leg., ch. 588, Sec. 2, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 396, Sec. 1, eff. Sept. 1, 1993.
    
Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less;  or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
Sec. 2.  The provisions of this article do not apply to a defendant who is:
(1)  serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
(2)  being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
(3)  incompetent to stand trial, during the period of the defendant's incompetence; or
(4)  being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.
Sec. 3.  Repealed by Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.
  
Added by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 2, eff. July 1, 1978.
Amended by: 
Acts 2005, 79th Leg., Ch. 110, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 110, Sec. 2, eff. September 1, 2005.
    
Art. 17.152.  DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE.  (a)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b)  Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to:
(1)  the safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or
(2)  the safety of the community.
(c)  Except as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person committed the offense.
(d)  A person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit:
(1)  family violence; or
(2)  an act in furtherance of an offense under Section 42.072, Penal Code.
(e)  In determining whether to deny release on bail under this article, the judge or magistrate may consider:
(1)  the order or condition of bond;
(2)  the nature and circumstances of the alleged offense;
(3)  the relationship between the accused and the victim, including the history of that relationship;
(4)  any criminal history of the accused; and
(5)  any other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence.
(f)  A person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17.  At that time, the magistrate shall conduct the hearing and make the determination required by this article.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1113, Sec. 3, eff. January 1, 2008.
    
Art. 17.153.  DENIAL OF BAIL FOR VIOLATION OF CONDITION OF BOND WHERE CHILD ALLEGED VICTIM.  (a)  This article applies to a defendant charged with a felony offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age:
(1)  Chapter 21 (Sexual Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct); or
(3)  Section 43.25 (Sexual Performance by a Child).
(b)  A defendant described by Subsection (a) who violates a condition of bond set under Article 17.41 and whose bail in the case is revoked for the violation may be taken into custody and denied release on bail pending trial if, following a hearing, a judge or magistrate determines by a preponderance of the evidence that the defendant violated a condition of bond related to the safety of the victim of the offense or the safety of the community.  If the magistrate finds that the violation occurred, the magistrate may revoke the defendant's bond and order that the defendant be immediately returned to custody.  Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond.  A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 982, Sec. 2, eff. September 1, 2009.
    
Art. 17.16. DISCHARGE OF LIABILITY;  SURRENDER OR INCARCERATION OF PRINCIPAL BEFORE FORFEITURE.  (a)  A surety may before forfeiture relieve himself of his undertaking by:
(1) surrendering the accused into the custody of the sheriff of the county where the prosecution is pending;  or
(2) delivering to the sheriff of the county where the prosecution is pending an affidavit stating that the accused is incarcerated in federal custody, in the custody of any state, or in any county of this state.
(b) For the purposes of Subsection (a)(2) of this article, the bond is discharged and the surety is absolved of liability on the bond on the sheriff's verification of the incarceration of the accused.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 1, eff. June 20, 1987.
    
Art. 17.17. WHEN SURRENDER IS MADE DURING TERM.  If a surrender of the accused be made during a term of the court to which he has bound himself to appear, the sheriff shall take him before the court;  and if he is willing to give other bail, the court shall forthwith require him to do so.  If he fails or refuses to give bail, the court shall make an order that he be committed to jail until the bail is given, and this shall be a sufficient commitment without any written order to the sheriff.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.18. SURRENDER IN VACATION.  When the surrender is made at any other time than during the session of the court, the sheriff may take the necessary bail bond, but if the defendant fails or refuses to give other bail, the sheriff shall take him before the nearest magistrate;  and such magistrate shall issue a warrant of commitment, reciting the fact that the accused has been once admitted to bail, has been surrendered, and now fails or refuses to give other bail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.19. SURETY MAY OBTAIN A WARRANT.  (a)  Any surety, desiring to surrender his principal and after notifying the principal's attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety's intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending.  The affidavit must state:
(1) the court and cause number of the case;
(2) the name of the defendant;
(3) the offense with which the defendant is charged;
(4) the date of the bond;
(5) the cause for the surrender;  and
(6) that notice of the surety's intention to surrender the principal has been given as required by this subsection.
(b)  In a prosecution pending before a court, if the court finds that there is cause for the surety to surrender the surety's principal, the court shall issue a capias for the principal.  In a prosecution pending before a magistrate, if the magistrate finds that there is cause for the surety to surrender the surety's principal, the magistrate shall issue a warrant of arrest for the principal. It is an affirmative defense to any liability on the bond that:
(1)  the court or magistrate refused to issue a capias or warrant of arrest for the principal; and
(2)  after the refusal to issue the capias or warrant of arrest, the principal failed to appear.
(c)  If the court or magistrate before whom the prosecution is pending is not available, the surety may deliver the affidavit to any other magistrate in the county and that magistrate, on a finding of cause for the surety to surrender the surety's principal, shall issue a warrant of arrest for the principal.
(d) An arrest warrant or capias issued under this article shall be issued to the sheriff of the county in which the case is pending, and a copy of the warrant or capias shall be issued to the surety or his agent.
(e) An arrest warrant or capias issued under this article may be executed by a peace officer, a security officer, or a private investigator licensed in this state.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 1047, Sec. 2, eff. June 20, 1987;  Subsec. (b) amended by Acts 1989, 71st Leg., ch. 374, Sec. 3, eff. Sept. 1, 1989;  Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1506, Sec. 3, eff. Sept. 1, 1999;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003;  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003;  Subsec. (e) amended by Acts 2003, 78th Leg., ch. 942, Sec. 4, eff. June 20, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 2, eff. September 1, 2007.
    
Art. 17.20. BAIL IN MISDEMEANOR.  The sheriff, or other peace officer, in cases of misdemeanor, may, whether during the term of the court or in vacation, where he has a defendant in custody, take of the defendant a bail bond.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 3046, ch. 1006, Sec. 1, eff. Aug. 30, 1971.
    
Art. 17.21. BAIL IN FELONY.  In cases of felony, when the accused is in custody of the sheriff or other peace officer, and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case and determine if the accused is eligible for a personal bond;  and the sheriff, or other peace officer, unless it be the police of a city, is authorized to take a bail bond of the accused in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody.  It shall not be necessary for the defendant or his sureties to appear in court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.22. MAY TAKE BAIL IN FELONY.  In a felony case, if the court before which the same is pending is not in session in the county where the defendant is in custody, the sheriff, or other peace officer having him in custody, may take his bail bond in such amount as may have been fixed by the court or magistrate, or if no amount has been fixed, then in such amount as such officer may consider reasonable.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.23. SURETIES SEVERALLY BOUND.  In all bail bonds taken under any provision of this Code, the sureties shall be severally bound.  Where a surrender of the principal is made by one or more of them, all the sureties shall be considered discharged.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.24. GENERAL RULES APPLICABLE.  All general rules in the Chapter are applicable to bail defendant before an examining court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.25. PROCEEDINGS WHEN BAIL IS GRANTED.  After a full examination of the testimony, the magistrate shall, if the case be one where bail may properly be granted and ought to be required, proceed to make an order that the accused execute a bail bond with sufficient security, conditioned for his appearance before the proper court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.26. TIME GIVEN TO PROCURE BAIL.  Reasonable time shall be given the accused to procure security.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.27. WHEN BAIL IS NOT GIVEN.  If, after the allowance of a reasonable time, the security be not given, the magistrate shall make an order committing the accused to jail to be kept safely until legally discharged;  and he shall issue a commitment accordingly.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.28. WHEN READY TO GIVE BAIL.  If the party be ready to give bail, the magistrate shall cause to be prepared a bond, which shall be signed by the accused and his surety or sureties, if any.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.29. ACCUSED LIBERATED.  (a)  When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty.
(b) Before releasing on bail a person arrested for an offense under Section 42.072, Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice.  An attempt by an agency to give notice to the victim or the person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection.  If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person.
(c) A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article.
(d) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1995, 74th Leg., ch. 656, Sec. 1, eff. June 14, 1995;  Acts 1995, 74th Leg., ch. 661, Sec. 1, eff. Aug. 28, 1995;  Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1, Sec. 3, eff. Jan. 28, 1997;  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(e), eff. Sept. 1, 2003.
    
Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS.  (a)  In this article:
(1) "family violence" has the meaning assigned to that phrase by Section 71.004, Family Code;  and
(2) "magistrate" has the meaning assigned to it by Article 2.09 of this code.
(b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released.  The head of the agency arresting or holding such a person may hold the person for a period of not more than four hours after bond has been posted.  This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that:
(1) the violence would continue if the person is released;  and
(2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested:
(A) on more than one occasion for an offense involving family violence;  or
(B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense.
  
Added by Acts 1991, 72nd Leg., ch. 552, Sec. 2, eff. June 16, 1991.  Subsec. (b) amended by Acts 1999, 76th Leg., ch. 1341, Sec. 1, eff. Sept. 1, 1999.  Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(f), eff. Sept. 1, 2003.
    
Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.  (a)  At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 22.011, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of:
(1)  the victim of the offense;
(2)  the guardian of the victim;
(3)  a peace officer; or
(4)  the attorney representing the state.
(b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves:
(1) serious bodily injury to the victim;  or
(2) the use or exhibition of a deadly weapon during the commission of an assault.
(c) The magistrate in the order for emergency protection may prohibit the arrested party from:
(1) committing:
(A) family violence or an assault on the person protected under the order;  or
(B) an act in furtherance of an offense under Section 42.072, Penal Code;
(2) communicating:
(A) directly with a member of the family or household or with the person protected under the order in a threatening or harassing manner;  or
(B) a threat through any person to a member of the family or household or to the person protected under the order;
(3) going to or near:
(A) the residence, place of employment, or business of a member of the family or household or of the person protected under the order;  or
(B) the residence, child care facility, or school where a child protected under the order resides or attends;  or
(4) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision.
(c-1)  In addition to the conditions described by Subsection (c), the magistrate in the order for emergency protection may impose a condition described by Article 17.49(b) in the manner provided by that article, including ordering a defendant's participation in a global positioning monitoring system or allowing participation in the system by an alleged victim or other person protected under the order.
(d) The victim of the offense need not be present in court when the order for emergency protection is issued.
(e) In the order for emergency protection the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the party must maintain, unless the magistrate determines for the safety of the person or persons protected by the order that specific descriptions of the locations should be omitted.
(f) To the extent that a condition imposed by an order for emergency protection issued under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for the duration of the order for emergency protection.
(f-1) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 85, Subtitle B, Title 4, Family Code, or under Title 1 or Title 5, Family Code, the condition imposed by the order issued under the Family Code prevails.
(f-2) To the extent that a condition imposed by an order issued under this article conflicts with a condition imposed by an order subsequently issued under Chapter 83, Subtitle B, Title 4, Family Code, the condition imposed by the order issued under this article prevails unless the court issuing the order under Chapter 83, Family Code:
(1) is informed of the existence of the order issued under this article;  and
(2) makes a finding in the order issued under Chapter 83, Family Code, that the court is superseding the order issued under this article.
(g) An order for emergency protection issued under this article must contain the following statements printed in bold-face type or in capital letters:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.  THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER."
(h) The magistrate issuing an order for emergency protection under this article shall send a copy of the order to the chief of police in the municipality where the member of the family or household or individual protected by the order resides, if the person resides in a municipality, or to the sheriff of the county where the person resides, if the person does not reside in a municipality.  If the victim of the offense is not present when the order is issued, the magistrate issuing the order shall order an appropriate peace officer to make a good faith effort to notify, within 24 hours, the victim that the order has been issued by calling the victim's residence and place of employment.  The clerk of the court shall send a copy of the order to the victim.
(i) If an order for emergency protection issued under this article prohibits a person from going to or near a child care facility or school, the magistrate shall send a copy of the order to the child care facility or school.
(j)  An order for emergency protection issued under this article is effective on issuance, and the defendant shall be served a copy of the order in open court.  An order for emergency protection issued under Subsection (a) or (b)(1) of this article remains in effect up to the 61st day but not less than 31 days after the date of issuance.  An order for emergency protection issued under Subsection (b)(2) of this article remains in effect up to the 91st day but not less than 61 days after the date of issuance.  After notice to each affected party and a hearing, the issuing court may modify all or part of an order issued under this article if the court finds that:
(1)  the order as originally issued is unworkable;
(2)  the modification will not place the victim of the offense at greater risk than did the original order; and
(3)  the modification will not in any way endanger a person protected under the order.
(k) To ensure that an officer responding to a call is aware of the existence and terms of an order for emergency protection issued under this article, each municipal police department and sheriff shall establish a procedure within the department or office to provide adequate information or access to information for peace officers of the names of persons protected by an order for emergency protection issued under this article and of persons to whom the order is directed.  The police department or sheriff may enter an order for emergency protection issued under this article in the department's or office's record of outstanding warrants as notice that the order has been issued and is in effect.
(l)  In the order for emergency protection, the magistrate shall suspend a license to carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code, that is held by the defendant.
(m) In this article:
(1) "Family," "family violence," and "household" have the meanings assigned by Chapter 71, Family Code.
(2) "Firearm" has the meaning assigned by Chapter 46, Penal Code.
(n) On motion, notice, and hearing, or on agreement of the parties, an order for emergency protection issued under this article may be transferred to the court assuming jurisdiction over the criminal act giving rise to the issuance of the emergency order for protection.  On transfer, the criminal court may modify all or part of an order issued under this subsection in the same manner and under the same standards as the issuing court under Subsection (j).
  
Added by Acts 1995, 74th Leg., ch. 658, Sec. 1, eff. June 14, 1995.  Subsecs. (a), (b) amended by Acts 1997, 75th Leg., ch. 1, Sec. 4, eff. Jan. 28, 1997.  Amended by Acts 1997, 75th Leg., ch. 610, Sec. 1, eff. Sept. 1, 1997;  Subsec. (i) amended by Acts 1999, 76th Leg., ch. 514, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1412, Sec. 1, eff. Sept. 1, 1999;  Subsecs. (c), (g), (m) amended by Acts 2001, 77th Leg., ch. 23, Sec. 4, eff. Sept. 1, 2001;  Subsecs. (f-1), (f-2), (n) added and Subsec. (j) amended by Acts 2003, 78th Leg., ch. 424, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 361, Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 66, Sec. 1, eff. May 11, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.20, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1276, Sec. 1, eff. September 1, 2009.
    
Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS.  The magistrate or the clerk of the magistrate's court issuing an order for emergency protection under Article 17.292 that suspends a license to carry a concealed handgun shall immediately send a copy of the order to the appropriate division of the Department of Public Safety at its Austin headquarters.  On receipt of the order suspending the license, the department shall:
(1) record the suspension of the license in the records of the department;
(2) report the suspension to local law enforcement agencies, as appropriate;  and
(3) demand surrender of the suspended license from the license holder.
  
Added by Acts 1999, 76th Leg., ch. 1412, Sec. 2, eff. Sept. 1, 1999.
    
Art. 17.30. SHALL CERTIFY PROCEEDINGS.  The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope.  The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.31. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS.  If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury.  If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.32. IN CASE OF NO ARREST.  Upon failure from any cause to arrest the accused the magistrate shall file with the proper clerk the complaint, warrant of arrest, and a list of the witnesses.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.33. REQUEST SETTING OF BAIL.  The accused may at any time after being confined request a magistrate to review the written statements of the witnesses for the State as well as all other evidence available at that time in determining the amount of bail.  This setting of the amount of bail does not waive the defendant's right to an examining trial as provided in Article 16.01.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.34. WITNESSES TO GIVE BOND.  Witnesses for the State or defendant may be required by the magistrate, upon the examination of any criminal accusation before him, to give bail for their appearance to testify before the proper court.  A personal bond may be taken of a witness by the court before whom the case is pending.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.35. SECURITY OF WITNESS.  The amount of security to be required of a witness is to be regulated by his pecuniary condition, character and the nature of the offense with respect to which he is a witness.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.36. EFFECT OF WITNESS BOND.  The bond given by a witness for his appearance has the same effect as a bond of the accused and may be forfeited and recovered upon in the same manner.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.37. WITNESS MAY BE COMMITTED.  A witness required to give bail who fails or refuses to do so shall be committed to jail as in other cases of a failure to give bail when required, but shall be released from custody upon giving such bail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.38. RULES APPLICABLE TO ALL CASES OF BAIL.  The rules in this Chapter respecting bail are applicable to all such undertakings when entered into in the course of a criminal action, whether before or after an indictment, in every case where authority is given to any court, judge, magistrate, or other officer, to require bail of a person accused of an offense, or of a witness in a criminal action.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 17.39. RECORDS OF BAIL.  A magistrate or other officer who sets the amount of bail or who takes bail shall record in a well-bound book the name of the person whose appearance the bail secures, the amount of bail, the date bail is set, the magistrate or officer who sets bail, the offense or other cause for which the appearance is secured, the magistrate or other officer who takes bail, the date the person is released, and the name of the bondsman, if any.
  
Added by Acts 1977, 65th Leg., p. 1525, ch. 618, Sec. 1, eff. Aug. 29, 1977.
    
Art. 17.40. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY.  (a)  To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community.
(b)  At a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred.  If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody.  Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond.  A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
  
Added by Acts 1999, 76th Leg., ch. 768, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1113, Sec. 4, eff. January 1, 2008.
    
Art. 17.41. CONDITION WHERE CHILD ALLEGED VICTIM.  (a)  This article applies to a defendant charged with an offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct); or
(3)  Section 43.25 (Sexual Performance by a Child).
(b)  Subject to Subsections (c) and (d), a magistrate shall require as a condition of bond for a defendant charged with an offense described by Subsection (a) that the defendant not:
(1)  directly communicate with the alleged victim of the offense; or
(2)  go near a residence, school, or other location, as specifically described in the bond, frequented by the alleged victim.
(c) A magistrate who imposes a condition of bond under this article may grant the defendant supervised access to the alleged victim.
(d) To the extent that a condition imposed under this article conflicts with an existing court order granting possession of or access to a child, the condition imposed under this article prevails for a period specified by the magistrate, not to exceed 90 days.
  
Added by Acts 1985, 69th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1985.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.21, eff. Sept. 1, 1995.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 982, Sec. 1, eff. September 1, 2009.
    
Art. 17.42. PERSONAL BOND OFFICE.
Sec. 1. Any county, or any judicial district with jurisdiction in more than one county, with the approval of the commissioners court of each county in the district, may establish a personal bond office to gather and review information about an accused that may have a bearing on whether he will comply with the conditions of a personal bond and report its findings to the court before which the case is pending.
Sec. 2.  (a)  The commissioners court of a county that establishes the office or the district and county judges of a judicial district that establishes the office may employ a director of the office.
(b) The director may employ the staff authorized by the commissioners court of the county or the commissioners court of each county in the judicial district.
Sec. 3. If a judicial district establishes an office, each county in the district shall pay its pro rata share of the costs of administering the office according to its population.
Sec. 4.  (a)  If a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond fee of $20 or three percent of the amount of the bail fixed for the accused, whichever is greater.  The court may waive the fee or assess a lesser fee if good cause is shown.
(b) Fees collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition.
(c) Fees collected under this article shall be deposited in the county treasury, or if the office serves more than one county, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office.
Sec. 5.  (a)  A personal bond pretrial release office established under this article shall:
(1) prepare a record containing information about any accused person identified by case number only who, after review by the office, is released by a court on personal bond;
(2) update the record on a monthly basis;  and
(3) post a copy of the record in the office of the clerk of the county court in any county served by the office.
(b) In preparing a record under Subsection (a), the office shall include in the record a statement of:
(1) the offense with which the person is charged;
(2) the dates of any court appearances scheduled in the matter that were previously unattended by the person;
(3) whether a warrant has been issued for the person's arrest for failure to appear in accordance with the terms of the person's release;
(4) whether the person has failed to comply with conditions of release on personal bond;  and
(5) the presiding judge or magistrate who authorized the personal bond.
(c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department.
Sec. 6.  (a)  Not later than April 1 of each year, a personal bond office established under this article shall submit to the commissioners court or district and county judges that established the office an annual report containing information about the operations of the office during the preceding year.
(b) In preparing an annual report under Subsection (a), the office shall include in the report a statement of:
(1) the office's operating budget;
(2) the number of positions maintained for office staff;
(3) the number of accused persons who, after review by the office, were released by a court on personal bond;  and
(4) the number of persons described by Subdivision (3):
(A) who were convicted of the same offense or of any felony within the six years preceding the date on which charges were filed in the matter pending during the person's release;
(B) who failed to attend a scheduled court appearance;
(C) for whom a warrant was issued for the person's arrest for failure to appear in accordance with the terms of the person's release;  or
(D) who were arrested for any other offense while on the personal bond.
(c) This section does not apply to a personal bond pretrial release office that on January 1, 1995, was operated by a community corrections and supervision department.
  
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.01(a), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1080, Sec. 1, eff. Sept. 1, 1989.  Secs. 5, 6 added by Acts 1995, 74th Leg., ch. 318, Sec. 44, eff. Sept. 1, 1995.
    
Art. 17.43. HOME CURFEW AND ELECTRONIC MONITORING AS CONDITION.  (a)  A magistrate may require as a condition of release on personal bond that the defendant submit to home curfew and electronic monitoring under the supervision of an agency designated by the magistrate.
(b) Cost of monitoring may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
  
Added by Acts 1989, 71st Leg., ch. 374, Sec. 4, eff. Sept. 1, 1989.
    
Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING, AND DRUG TESTING AS CONDITION.  (a)  A magistrate may require as a condition of release on bond that the defendant submit to:
(1) home confinement and electronic monitoring under the supervision of an agency designated by the magistrate;  or
(2) testing on a weekly basis for the presence of a controlled substance in the defendant's body.
(b) In this article, "controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code.
(c)  The magistrate may revoke the bond and order the defendant arrested if the defendant:
(1)  violates a condition of home confinement and electronic monitoring;
(2)  refuses to submit to a test for controlled substances or submits to a test for controlled substances and the test indicates the presence of a controlled substance in the defendant's body; or
(3)  fails to pay the costs of monitoring or testing for controlled substances, if payment is ordered under Subsection (e) as a condition of bond and the magistrate determines that the defendant is not indigent and is financially able to make the payments as ordered.
(d) The community justice assistance division of the Texas Department of Criminal Justice may provide grants to counties to implement electronic monitoring programs authorized by this article.
(e)  The cost of electronic monitoring or testing for controlled substances under this article may be assessed as court costs or ordered paid directly by the defendant as a condition of bond.
  
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.03, eff. Sept. 1, 1989.  Renumbered from art. 17.42 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(3), eff. Aug. 26, 1991.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(46), eff. Sept. 1, 1991.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 163, Sec. 1, eff. September 1, 2009.
    
Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION INTERLOCK.  (a)  Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator;  and
(2) not operate any motor vehicle unless the vehicle is equipped with that device.
(b) The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.
(c) If the defendant is required to have the device installed, the magistrate shall require that the defendant have the device installed on the appropriate motor vehicle, at the defendant's expense, before the 30th day after the date the defendant is released on bond.
(d) The magistrate may designate an appropriate agency to verify the installation of the device and to monitor the device.  If the magistrate designates an agency under this subsection, in each month during which the agency verifies the installation of the device or provides a monitoring service the defendant shall pay a fee to the designated agency in the amount set by the magistrate.  The defendant shall pay the initial fee at the time the agency verifies the installation of the device.  In each subsequent month during which the defendant is required to pay a fee the defendant shall pay the fee on the first occasion in that month that the agency provides a monitoring service.  The magistrate shall set the fee in an amount not to exceed $10 as determined by the county auditor, or by the commissioners court of the county if the county does not have a county auditor, to be sufficient to cover the cost incurred by the designated agency in conducting the verification or providing the monitoring service, as applicable in that county.
  
Added by Acts 1995, 74th Leg., ch. 318, Sec. 45, eff. Sept. 1, 1995.  Subsec. (d) amended by Acts 1999, 76th Leg., ch. 537, Sec. 1, eff. Sept. 1, 1999.
    
Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.  A magistrate may require as a condition of bond that a defendant charged with an offense under Section 43.02, Penal Code, receive counseling or education, or both, relating to acquired immune deficiency syndrome or human immunodeficiency virus.
  
Added by Acts 1989, 71st Leg., ch. 1195, Sec. 8, eff. Sept. 1, 1989.  Renumbered from art. 17.42 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(4), eff. Aug. 26, 1991.
    
Art. 17.46. CONDITIONS FOR A DEFENDANT CHARGED WITH STALKING.  (a)  A magistrate may require as a condition of release on bond that a defendant charged with an offense under Section 42.072, Penal Code, may not:
(1) communicate directly or indirectly with the victim;  or
(2) go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.
(b) If the magistrate requires the prohibition contained in Subsection (a)(2) of this article as a condition of release on bond, the magistrate shall specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations.
  
Added by Acts 1993, 73rd Leg., ch. 10, Sec. 2, eff. March 19, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 657, Sec. 3, eff. June 14, 1995;  amended by Acts 1997, 75th Leg., ch. 1, Sec. 5, eff. Jan. 28, 1997.
    
Art. 17.47.  CONDITIONS REQUIRING SUBMISSION OF SPECIMEN.  (a)  A magistrate may require as a condition of release on bail or bond of a defendant that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
(b)  A magistrate shall require as a condition of release on bail or bond of a defendant described by Section 411.1471(a), Government Code, that the defendant provide to a local law enforcement agency one or more specimens for the purpose of creating a DNA record under Subchapter G, Chapter 411, Government Code.
  
Added by Acts 2001, 77th Leg., ch. 1490, Sec. 5, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1224, Sec. 17, eff. September 1, 2005.
    
Art. 17.48. POSTTRIAL ACTIONS.  A convicting court on entering a finding favorable to a convicted person under Article 64.04, after a hearing at which the attorney representing the state and the counsel for the defendant are entitled to appear, may release the convicted person on bail under this chapter pending the conclusion of court proceedings or proceedings under Section 11, Article IV, Texas Constitution, and Article 48.01.
  
Added by Acts 2001, 77th Leg., ch. 2, Sec. 3, eff. April 5, 2001.  Renumbered from Vernon's Ann.C.C.P. art. 17.47 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(6), eff. Sept. 1, 2003.
    
Art. 17.49.  CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE INVOLVING FAMILY VIOLENCE.  (a)  In this article:
(1)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(2)  "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology.  The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology, or any other similar technology that is implanted in or otherwise invades or violates the individual's body.
(b)  A magistrate may require as a condition of release on bond that a defendant charged with an offense involving family violence:
(1)  refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense;
(2)  carry or wear a global positioning monitoring system device and, except as provided by Subsection (h), pay the costs associated with operating that system in relation to the defendant; or
(3)  except as provided by Subsection (h), if the alleged victim of the offense consents after receiving the information described by Subsection (d), pay the costs associated with providing the victim with an electronic receptor device that:
(A)  is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and
(B)  notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under Subdivision (1).
(c)  Before imposing a condition described by Subsection (b)(1), a magistrate must afford an alleged victim an opportunity to provide the magistrate with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near.  If the magistrate imposes a condition described by Subsection (b)(1), the magistrate shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations.
(d)  Before imposing a condition described by Subsection (b)(3), a magistrate must provide to an alleged victim information regarding:
(1)  the victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the magistrate terminate the victim's participation;
(2)  the manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(3)  any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations;
(4)  any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this article;
(5)  the procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails;
(6)  community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of family violence;  and
(7)  the fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential.
(e)  In addition to the information described by Subsection (d), a magistrate shall provide to an alleged victim who participates in a global positioning monitoring system under this article the name and telephone number of an appropriate person employed by a local law enforcement agency whom the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this article.
(f)  In determining whether to order a defendant's participation in a global positioning monitoring system under this article, the magistrate shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial.
(g)  An alleged victim may request that the magistrate terminate the victim's participation in a global positioning monitoring system at any time.  The magistrate may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this article.
(h)  If the magistrate determines that a defendant is indigent, the magistrate may, based on a sliding scale established by local rule, require the defendant to pay costs under Subsection (b)(2) or (3) in an amount that is less than the full amount of the costs associated with operating the global positioning monitoring system in relation to the defendant or providing the victim with an electronic receptor device.
(i)  If an indigent defendant pays to an entity that operates a global positioning monitoring system the partial amount ordered by a magistrate under Subsection (h), the entity shall accept the partial amount as payment in full.  The county in which the magistrate who enters an order under Subsection (h) is located is not responsible for payment of any costs associated with operating the global positioning monitoring system in relation to an indigent defendant.
(j)  A magistrate that imposes a condition described by Subsection (b)(1) or (2) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this article.
(k)  A magistrate that imposes a condition described by Subsection (b) may only allow or require the defendant to execute or be released under a type of bond that is authorized by this chapter.
(l)  This article does not limit the authority of a magistrate to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 1276, Sec. 2, eff. September 1, 2009.

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 18. SEARCH WARRANTS

Art. 18.01. SEARCH WARRANT.  (a)  A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate or commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order.
(b)  No search warrant shall issue for any purpose in this state unless sufficient facts are first presented to satisfy the issuing magistrate that probable cause does in fact exist for its issuance.  A sworn affidavit setting forth substantial facts establishing probable cause shall be filed in every instance in which a search warrant is requested.  Except as provided by Article 18.011, the affidavit is public information if executed, and the magistrate's clerk shall make a copy of the affidavit available for public inspection in the clerk's office during normal business hours.
(c)  A search warrant may not be issued under Article 18.02(10) unless the sworn affidavit required by Subsection (b) sets forth sufficient facts to establish probable cause:  (1) that a specific offense has been committed, (2) that the specifically described property or items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person committed that offense, and (3) that the property or items constituting evidence to be searched for or seized are located at or on the particular person, place, or thing to be searched.  Except as provided by Subsections (d), (i), and (j), only a judge of a municipal court of record or a county court who is an attorney licensed by the State of Texas, a statutory county court judge, a district court judge, a judge of the Court of Criminal Appeals, including the presiding judge, or a justice of the Supreme Court of Texas, including the chief justice, may issue warrants under Article 18.02(10).
(d) Only the specifically described property or items set forth in a search warrant issued under Subdivision (10) of Article 18.02 of this code or property, items or contraband enumerated in Subdivisions (1) through (9) or in Subdivision (12) of Article 18.02 of this code may be seized.  A subsequent search warrant may be issued pursuant to Subdivision (10) of Article 18.02 of this code to search the same person, place, or thing subjected to a prior search under Subdivision (10) of Article 18.02 of this code only if the subsequent search warrant is issued by a judge of a district court, a court of appeals, the court of criminal appeals, or the supreme court.
(e) A search warrant may not be issued under Subdivision (10) of Article 18.02 of this code to search for and seize property or items that are not described in Subdivisions (1) through (9) of that article and that are located in an office of a newspaper, news magazine, television station, or radio station, and in no event may property or items not described in Subdivisions (1) through (9) of that article be legally seized in any search pursuant to a search warrant of an office of a newspaper, news magazine, television station, or radio station.
(f) A search warrant may not be issued pursuant to Article 18.021 of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause:
(1) that a specific offense has been committed;
(2) that a specifically described person has been a victim of the offense;
(3) that evidence of the offense or evidence that a particular person committed the offense can be detected by photographic means;  and
(4) that the person to be searched for and photographed is located at the particular place to be searched.
(g) A search warrant may not be issued under Subdivision (12), Article 18.02, of this code unless the sworn affidavit required by Subsection (b) of this article sets forth sufficient facts to establish probable cause that a specific felony offense has been committed and that the specifically described property or items that are to be searched for or seized constitute contraband as defined in Article 59.01 of this code and are located at or on the particular person, place, or thing to be searched.
(h) Except as provided by Subsection (i) of this article, a warrant under Subdivision (12), Article 18.02 of this code may only be issued by:
(1) a judge of a municipal court of record who is an attorney licensed by the state;
(2) a judge of a county court who is an attorney licensed by the state;  or
(3) a judge of a statutory county court, district court, the court of criminal appeals, or the supreme court.
(i)  In a county that does not have a judge of a municipal court of record who is an attorney licensed by the state, a county court judge who is an attorney licensed by the state, or a statutory county court judge, any magistrate may issue a search warrant under Subdivision (10) or Subdivision (12) of Article 18.02 of this code.  This subsection is not applicable to a subsequent search warrant under Subdivision (10) of Article 18.02 of this code.
(j)  Any magistrate who is an attorney licensed by this state may issue a search warrant under Article 18.02(10) to collect a blood specimen from a person who:
(1)  is arrested for an offense under Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
(2)  refuses to submit to a breath or blood alcohol test.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 1, eff. May 25, 1977.
      
Sec. (c) amended by Acts 1979, 66th Leg., p. 1124, ch. 536, Sec. 1, eff. June 11, 1979;  Sec. (e) added by Acts 1979, 66th Leg., p. 1076, ch. 505, Sec. 1, eff. Sept. 1, 1979;  Sec. (a) amended by Acts 1981, 67th Leg., p. 759, ch. 289, Sec. 3, eff. Sept. 1, 1981;  Sec. (b) amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 1, eff. Sept. 1, 1981;  Sec. (f) added by Acts 1981, 67th Leg., p. 759, ch. 289, Sec. 4, eff. Sept. 1, 1981;  Sec. (c) amended by Acts 1987, 70th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1987;  Secs. (g) and (h) added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 2, eff. Oct. 18, 1989;  Secs. (c), (h) amended by and Sec. (i) added by Acts 1991, 72nd Leg., ch. 73, Sec. 1, eff. May 9, 1991;  Secs. (c), (d), (i) amended by Acts 1995, 74th Leg., ch. 670, Sec. 1, eff. Sept. 1, 1995;  Subsecs. (c), (h) amended by Acts 1997, 75th Leg., ch. 604, Sec. 1, eff. Sept. 1, 1997;  Subsec. (b) amended by Acts 1999, 76th Leg., ch. 167, Sec. 1, eff. Aug. 30, 1999;  Subsec. (d) amended by Acts 1999, 76th Leg., ch. 1469, Sec. 1, eff. June 19, 1999;  Subsec. (i) amended by Acts 2001, 77th Leg., ch. 1395, Sec. 1, eff. June 16, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 355, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 748, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1348, Sec. 5, eff. September 1, 2009.
    
Art. 18.011.  SEALING OF AFFIDAVIT.  (a)  An attorney representing the state in the prosecution of felonies may request a district judge or the judge of an appellate court to seal an affidavit presented under Article 18.01(b).  The judge may order the affidavit sealed if the attorney establishes a compelling state interest in that:
(1)  public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or
(2)  the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.
(b)  An order sealing an affidavit under this section expires on the 31st day after the date on which the search warrant for which the affidavit was presented is executed.  After an original order sealing an affidavit is issued under this article, an attorney representing the state in the prosecution of felonies may request, and a judge may grant, before the 31st day after the date on which the search warrant for which the affidavit was presented is executed, on a new finding of compelling state interest, one 30-day extension of the original order.
(c)  On the expiration of an order issued under Subsection (b) and any extension, the affidavit must be unsealed.
(d)  An order issued under this section may not:
(1)  prohibit the disclosure of information relating to the contents of a search warrant, the return of a search warrant, or the inventory of property taken pursuant to a search warrant; or
(2)  affect the right of a defendant to discover the contents of an affidavit.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 355, Sec. 2, eff. September 1, 2007.
    
Art. 18.02. GROUNDS FOR ISSUANCE.  A search warrant may be issued to search for and seize:
(1) property acquired by theft or in any other manner which makes its acquisition a penal offense;
(2) property specially designed, made, or adapted for or commonly used in the commission of an offense;
(3) arms and munitions kept or prepared for the purposes of insurrection or riot;
(4) weapons prohibited by the Penal Code;
(5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia;
(6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law;
(7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state;
(8) any property the possession of which is prohibited by law;
(9) implements or instruments used in the commission of a crime;
(10) property or items, except the personal writings by the accused, constituting evidence of an offense or constituting evidence tending to show that a particular person committed an offense;
(11) persons;  or
(12) contraband subject to forfeiture under Chapter 59 of this code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 982, ch. 399, Sec. 2(E), eff. Jan. 1, 1974;  Acts 1977, 65th Leg., p. 640, ch. 237, Sec. 2, eff. May 25, 1977;  Amended by Acts 1981, 67th Leg., p. 2790, ch. 755, Sec. 5, eff. Sept. 1, 1981;  Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 3, eff. Oct. 18, 1989;  Acts 2003, 78th Leg., ch. 1099, Sec. 16, eff. Sept. 1, 2003.
    
Art. 18.021. ISSUANCE OF SEARCH WARRANT TO PHOTOGRAPH INJURED CHILD.  (a)  A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child as prohibited by Section 22.04, Penal Code; sexual assault of a child as prohibited by Section 22.011(a), Penal Code; aggravated sexual assault of a child as prohibited by Section 22.021, Penal Code; or continuous sexual abuse of young child or children as prohibited by Section 21.02, Penal Code.
(b) The officer executing the warrant may be accompanied by a photographer who is employed by a law enforcement agency and who acts under the direction of the officer executing the warrant.  The photographer is entitled to access to the child in the same manner as the officer executing the warrant.
(c) In addition to the requirements of Subdivisions (1) and (4) of Article 18.04 of this code, a warrant issued under this article shall identify, as near as may be, the child to be located and photographed, shall name or describe, as near as may be, the place or thing to be searched, and shall command any peace officer of the proper county to search for and cause the child to be photographed.
(d) After having located and photographed the child, the peace officer executing the warrant shall take possession of the exposed film and deliver it forthwith to the magistrate.  The child may not be removed from the premises on which he or she is located except under Subchapters A and B, Chapter 262, Family Code.
(e) A search warrant under this section shall be executed by a peace officer of the same sex as the alleged victim or, if the officer is not of the same sex as the alleged victim, the peace officer must be assisted by a person of the same sex as the alleged victim.  The person assisting an officer under this subsection must be acting under the direction of the officer and must be with the alleged victim during the taking of the photographs.
  
Added by Acts 1981, 67th Leg., p. 758, ch. 289, Sec. 2, eff. Sept. 1, 1981.  Subsec. (a) amended by Acts 1983, 68th Leg., p. 5319, ch. 977, Sec. 8, eff. Sept. 1, 1983;  Subsec. (d) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.01, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.11, eff. September 1, 2007.
    
Art. 18.03. SEARCH WARRANT MAY ORDER ARREST.  If the facts presented to the magistrate under Article 18.02 of this chapter also establish the existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.04. CONTENTS OF WARRANT.  A search warrant issued under this chapter shall be sufficient if it contains the following requisites:
(1) that it run in the name of "The State of Texas";
(2) that it identify, as near as may be, that which is to be seized and name or describe, as near as may be, the person, place, or thing to be searched;
(3) that it command any peace officer of the proper county to search forthwith the person, place, or thing named;  and
(4) that it be dated and signed by the magistrate.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.05. WARRANTS FOR FIRE, HEALTH, AND CODE INSPECTIONS.  (a)  Except as provided by Subsection (e) of this article, a search warrant may be issued to a fire marshal, health officer, or code enforcement official of the state or of any county, city, or other political subdivision for the purpose of allowing the inspection of any specified premises to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance.
(b) A search warrant may not be issued under this article except upon the presentation of evidence of probable cause to believe that a fire or health hazard or violation or unsafe building condition is present in the premises sought to be inspected.
(c) In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following:
(1) the age and general condition of the premises; 
(2) previous violations or hazards found present in the premises; 
(3) the type of premises; 
(4) the purposes for which the premises are used;  and
(5) the presence of hazards or violations in and the general condition of premises near the premises sought to be inspected.
(d)  Each city or county may designate one or more code enforcement officials for the purpose of being issued a search warrant as authorized by Subsection (a) of this article.  A political subdivision other than a city or county may designate not more than one code enforcement official for the purpose of being issued a search warrant as authorized by Subsection (a) of this article only if the political subdivision routinely inspects premises to determine whether there is a fire or health hazard or unsafe building condition or a violation of fire, health, or building regulation, statute, or ordinance.
(e) A search warrant may not be issued under this article to a code enforcement official of a county with a population of 2.4 million or more for the purpose of allowing the inspection of specified premises to determine the presence of an unsafe building condition or a violation of a building regulation, statute, or ordinance.
  
Added as art. 18.011 by Acts 1969, 61st Leg., p. 1623, ch. 502, Sec. 1, eff. Sept. 1, 1969.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Amended by Acts 1989, 71st Leg., ch. 382, Sec. 1, eff. Aug. 28, 1989.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 769, Sec. 1, eff. September 1, 2007.
    
Art. 18.06. EXECUTION OF WARRANTS.  (a)  A peace officer to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate.  It must be executed within three days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate.
(b) On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is present.  If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person.  Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken.  He shall legibly endorse his name on the inventory and present a copy of the inventory to the owner or other person in possession of the property.  If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Sec. (b) amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 2, eff. Sept. 1, 1981.
    
Art. 18.07.  DAYS ALLOWED FOR WARRANT TO RUN.  (a)  The time allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is:
(1)  15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; or
(2)  three whole days if the warrant is issued for a purpose other than that described by Subdivision (1).
(b)  The magistrate issuing a search warrant under this chapter shall endorse on the search warrant the date and hour of its issuance.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 761, Sec. 1, eff. September 1, 2009.
    
Art. 18.08. POWER OF OFFICER EXECUTING WARRANT.  In the execution of a search warrant, the officer may call to his aid any number of citizens in this county, who shall be bound to aid in the execution of the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.09.  SHALL SEIZE ACCUSED AND PROPERTY.  When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the magistrate.  He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.  For purposes of this chapter, "seizure," in the context of property, means the restraint of property, whether by physical force or by a display of an officer's authority, and includes the collection of property or the act of taking possession of property.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
Amended by: 
Acts 2005, 79th Leg., Ch. 1026, Sec. 2, eff. September 1, 2005.
    
Art. 18.095.  SEIZURE OF CIRCUIT BOARD OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA.  For purposes of this chapter, an officer directed under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:
(1)  seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;
(2)  carry the circuit board before the magistrate; and
(3)  retain custody of the circuit board as the property seized pursuant to the warrant as required under this chapter.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 898, Sec. 1, eff. September 1, 2009.
    
Art. 18.10. HOW RETURN MADE.  Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant.  The officer who seized the property shall retain custody of it until the magistrate issues an order directing the manner of safekeeping the property.  The property may not be removed from the county in which it was seized without an order approving the removal, issued by a magistrate in the county in which the warrant was issued;  provided, however, nothing herein shall prevent the officer, or his department, from forwarding any item or items seized to a laboratory for scientific analysis.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 3, eff. Sept. 1, 1981.
    
Art. 18.11. CUSTODY OF PROPERTY FOUND.  Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with Article 18.10 of this code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Amended by Acts 1981, 67th Leg., p. 2789, ch. 755, Sec. 4, eff. Sept. 1, 1981.
    
Art. 18.12. MAGISTRATE SHALL INVESTIGATE.  The magistrate, upon the return of a search warrant, shall proceed to try the questions arising upon the same, and shall take testimony as in other examinations before him.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.13. SHALL DISCHARGE DEFENDANT.  If the magistrate be not satisfied, upon investigation, that there was good ground for the issuance of the warrant, he shall discharge the defendant and order restitution of the property taken from him, except for criminal instruments.  In such case, the criminal instruments shall be kept by the sheriff subject to the order of the proper court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.14. EXAMINING TRIAL.  The magistrate shall proceed to deal with the accused as in other cases before an examining court if he is satisfied there was good ground for issuing the warrant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.15. CERTIFY RECORD TO PROPER COURT.  The magistrate shall keep a record of all the proceedings had before him in cases of search warrants, and shall certify the same and deliver them to the clerk of the court having jurisdiction of the case, before the next term of said court, and accompany the same with all the original papers relating thereto, including the certified schedule of the property seized.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
    
Art. 18.16. PREVENTING CONSEQUENCES OF THEFT.  Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose.  To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Amended by Acts 2001, 77th Leg., ch. 109, Sec. 2, eff. Sept. 1, 2001.
    
Art. 18.17. DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY.  (a)  All unclaimed or abandoned personal property of every kind, other than contraband subject to forfeiture under Chapter 59 of this code and whiskey, wine and beer, seized by any peace officer in the State of Texas which is not held as evidence to be used in any pending case and has not been ordered destroyed or returned to the person entitled to possession of the same by a magistrate, which shall remain unclaimed for a period of 30 days shall be delivered for disposition to a person designated by the municipality or the purchasing agent of the county in which the property was seized.  If a peace officer of a municipality seizes the property, the peace officer shall deliver the property to a person designated by the municipality.  If any other peace officer seizes the property, the peace officer shall deliver the property to the purchasing agent of the county.  If the county has no purchasing agent, then such property shall be disposed of by the sheriff of the county.
(b) The county purchasing agent, the person designated by the municipality, or the sheriff of the county, as the case may be, shall mail a notice to the last known address of the owner of such property by certified mail.  Such notice shall describe the property being held, give the name and address of the officer holding such property, and shall state that if the owner does not claim such property within 90 days from the date of the notice such property will be disposed of and the proceeds, after deducting the reasonable expense of keeping such property and the costs of the disposition, placed in the treasury of the municipality or county giving the notice.
(c) If the property has a fair market value of $500 or more and the owner or the address of the owner is unknown, the person designated by the municipality, the county purchasing agent, or the sheriff, as the case may be, shall cause to be published once in a paper of general circulation in the municipality or county a notice containing a general description of the property held, the name of the owner if known, the name and address of the officer holding such property, and a statement that if the owner does not claim such property within 90 days from the date of the publication such property will be disposed of and the proceeds, after deducting the reasonable expense of keeping such property and the costs of the disposition, placed in the treasury of the municipality or county disposing of the property.  If the property has a fair market value of less than $500 and the owner or the address of the owner is unknown, the person designated by the municipality, the county purchasing agent, or the sheriff may sell or donate the property.  The person designated by the municipality, the purchasing agent, or the sheriff shall deposit the sale proceeds, after deducting the reasonable expense of keeping the property and costs of the sale, in the treasury of the municipality or county selling or donating the property.
(d) The sale under this article of any property that has a fair market value of $500 or more shall be preceded by a notice published once at least 14 days prior to the date of such sale in a newspaper of general circulation in the municipality or county where the sale is to take place, stating the general description of the property, the names of the owner if known, and the date and place that such sale will occur.  This article does not require disposition by sale.
(e) The real owner of any property disposed of shall have the right to file a claim to the proceeds with the commissioners court of the county or with the governing body of the municipality in which the disposition took place.  A claim by the real owner must be filed not later than the 30th day after the date of disposition.  If the claim is allowed by the commissioners court or the governing body of the municipality, the municipal or county treasurer shall pay the owner such funds as were paid into the treasury of the municipality or county as proceeds of the disposition. If the claim is denied by the commissioners court or the governing body or if said court or body fails to act upon such claim within 90 days, the claimant may sue the municipal or county treasurer in a court of competent jurisdiction in the county, and upon sufficient proof of ownership, recover judgment against such municipality or county for the recovery of the proceeds of the disposition.
(f) For the purposes of this article:
(1) "Person designated by a municipality" means an officer or employee of a municipality who is designated by the municipality to be primarily responsible for the disposition of property under this article.
(2) "Property held as evidence" means property related to a charge that has been filed or to a matter that is being investigated for the filing of a charge.
(g) If the provisions of this section have been met and the property is scheduled for disposition, the municipal or county law enforcement agency that originally seized the property may request and have the property converted to agency use.  The agency at any time may transfer the property to another municipal or county law enforcement agency for the use of that agency.  The agency last using the property shall return the property to the person designated by the municipality, county purchasing agent, or sheriff, as the case may be, for disposition when the agency has completed the intended use of the property.
(h) If the abandoned or unclaimed personal property is money, the person designated by the municipality, the county purchasing agent, or the sheriff of the county, as appropriate, may, after giving notice under Subsection (b) or (c) of this article, deposit the money in the treasury of the municipality or county giving notice without conducting the sale as required by Subsection (d) of this article.
(i) While offering the property for sale under this article, if a person designated by a municipality, county purchasing agent, or sheriff considers any bid as insufficient, the person, agent, or sheriff may decline the bid and reoffer the property for sale.
(j) Chapters 72, 74, 75, and 76, Property Code, do not apply to unclaimed or abandoned property to which this article applies.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1737, ch. 659, Sec. 15, eff. Aug. 27, 1967;  Acts 1973, 63rd Leg., p. 985, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Amended by Acts 1987, 70th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1987;  Subsec. (a) amended by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 4, eff. Oct. 18, 1989;  Subsec. (g) amended by Acts 1991, 72nd Leg., ch. 254, Sec. 1, eff. June 5, 1991.  Amended by Acts 1993, 73rd Leg., ch. 157, Sec. 1, eff. Sept. 1, 1993;  Subsecs. (c), (d) amended by Acts 1993, 73rd Leg., ch. 321, Sec. 3, eff. May 28, 1993;  Subsec. (f) amended by Acts 1993, 73rd Leg., ch. 321, Sec. 2, eff. May 28, 1993;  Subsec. (h) added by Acts 1993, 73rd Leg., ch. 321, Sec. 1, eff. May 28, 1993;  Subsec. (i) added by Acts 1993, 73rd Leg., ch. 321, Sec. 4, eff. May 28, 1993;  Subsec. (c) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.01, eff. Sept. 1, 1995;  Subsec. (d) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.02, eff. Sept. 1, 1995;  Subsec. (f) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.03, eff. Sept. 1, 1995;  Subsec. (h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.04, eff. Sept. 1, 1995;  Subsec. (i) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.05, eff. Sept. 1, 1995;  Subsec. (j) added by Acts 2001, 77th Leg., ch. 402, Sec. 18, eff. Sept. 1, 2001.
    
Art. 18.18. DISPOSITION OF GAMBLING PARAPHERNALIA, PROHIBITED WEAPON, CRIMINAL INSTRUMENT, AND OTHER CONTRABAND.  (a)  Following the final conviction of a person for possession of a gambling device or equipment, altered gambling equipment, or gambling paraphernalia, for an offense involving a criminal instrument, for an offense involving an obscene device or material, for an offense involving child pornography, or for an offense involving a scanning device or re-encoder, the court entering the judgment of conviction shall order that the machine, device, gambling equipment or gambling paraphernalia, instrument, obscene device or material, child pornography, or scanning device or re-encoder be destroyed or forfeited to the state.  Not later than the 30th day after the final conviction of a person for an offense involving a prohibited weapon, the court entering the judgment of conviction on its own motion, on the motion of the prosecuting attorney in the case, or on the motion of the law enforcement agency initiating the complaint on notice to the prosecuting attorney in the case if the prosecutor fails to move for the order shall order that the prohibited weapon be destroyed or forfeited to the law enforcement agency that initiated the complaint.  If the court fails to enter the order within the time required by this subsection, any magistrate in the county in which the offense occurred may enter the order.  Following the final conviction of a person for an offense involving dog fighting, the court entering the judgment of conviction shall order that any dog-fighting equipment be destroyed or forfeited to the state.  Destruction of dogs, if necessary, must be carried out by a veterinarian licensed in this state or, if one is not available, by trained personnel of a humane society or an animal shelter.  If forfeited, the court shall order the contraband delivered to the state, any political subdivision of the state, or to any state institution or agency.  If gambling proceeds were seized, the court shall order them forfeited to the state and shall transmit them to the grand jury of the county in which they were seized for use in investigating alleged violations of the Penal Code, or to the state, any political subdivision of the state, or to any state institution or agency.
(b)  If there is no prosecution or conviction following seizure, the magistrate to whom the return was made shall notify in writing the person found in possession of the alleged gambling device or equipment, altered gambling equipment or gambling paraphernalia, gambling proceeds, prohibited weapon, obscene device or material, child pornography, scanning device or re-encoder, criminal instrument, or dog-fighting equipment to show cause why the property seized should not be destroyed or the proceeds forfeited.  The magistrate, on the motion of the law enforcement agency seizing a prohibited weapon, shall order the weapon destroyed or forfeited to the law enforcement agency seizing the weapon, unless a person shows cause as to why the prohibited weapon should not be destroyed or forfeited.  A law enforcement agency shall make a motion under this section in a timely manner after the time at which the agency is informed in writing by the attorney representing the state that no prosecution will arise from the seizure.
(c) The magistrate shall include in the notice a detailed description of the property seized and the total amount of alleged gambling proceeds;  the name of the person found in possession;  the address where the property or proceeds were seized;  and the date and time of the seizure.
(d) The magistrate shall send the notice by registered or certified mail, return receipt requested, to the person found in possession at the address where the property or proceeds were seized.  If no one was found in possession, or the possessor's address is unknown, the magistrate shall post the notice on the courthouse door.
(e)  Any person interested in the alleged gambling device or equipment, altered gambling equipment or gambling paraphernalia, gambling proceeds, prohibited weapon, obscene device or material, child pornography, scanning device or re-encoder, criminal instrument, or dog-fighting equipment seized must appear before the magistrate on the 20th day following the date the notice was mailed or posted.  Failure to timely appear forfeits any interest the person may have in the property or proceeds seized, and no person after failing to timely appear may contest destruction or forfeiture.
(f)  If a person timely appears to show cause why the property or proceeds should not be destroyed or forfeited, the magistrate shall conduct a hearing on the issue and determine the nature of property or proceeds and the person's interest therein.  Unless the person proves by a preponderance of the evidence that the property or proceeds is not gambling equipment, altered gambling equipment, gambling paraphernalia, gambling device, gambling proceeds, prohibited weapon, obscene device or material, child pornography, criminal instrument, scanning device or re-encoder, or dog-fighting equipment and that he is entitled to possession, the magistrate shall dispose of the property or proceeds in accordance with Paragraph (a) of this article.
(g)  For purposes of this article:
(1)  "criminal instrument" has the meaning defined in the Penal Code;
(2)  "gambling device or equipment, altered gambling equipment or gambling paraphernalia" has the meaning defined in the Penal Code;
(3)  "prohibited weapon" has the meaning defined in the Penal Code;
(4)  "dog-fighting equipment" means:
(A)  equipment used for training or handling a fighting dog, including a harness, treadmill, cage, decoy, pen, house for keeping a fighting dog, feeding apparatus, or training pen;
(B)  equipment used for transporting a fighting dog, including any automobile, or other vehicle, and its appurtenances which are intended to be used as a vehicle for transporting a fighting dog;
(C)  equipment used to promote or advertise an exhibition of dog fighting, including a printing press or similar equipment, paper, ink, or photography equipment; or
(D)  a dog trained, being trained, or intended to be used to fight with another dog;
(5)  "obscene device" and "obscene" have the meanings assigned by Section 43.21, Penal Code;
(6)  "re-encoder" has the meaning assigned by Section 522.001, Business & Commerce Code;
(7)  "scanning device" has the meaning assigned by Section 522.001, Business & Commerce Code; and
(8)  "obscene material" and "child pornography" include digital images and the media and equipment on which those images are stored.
(h)  No provider of an electronic communication service or of a remote computing service to the public shall be held liable for an offense involving obscene material or child pornography under this section on account of any action taken in good faith in providing that service.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 986, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Subsecs. (a), (b), (e), (f), (g) amended by Acts 1983, 68th Leg., pp. 1611, ch. 305, Sec. 2, 3, eff. Sept. 1, 1983.  Amended by Acts 1983, 68th Leg., p. 1899, ch. 351, Sec. 1, eff. Sept. 1, 1983;  Subsec. (a) amended by Acts 1987, 70th Leg., ch. 980, Sec. 1, eff. Sept. 1, 1987;  Subsecs. (g)(4), (g)(6) amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(6), eff. Sept. 1, 1987;  Subsecs. (a), (b) amended by Acts 1993, 73rd Leg., ch. 157, Sec. 2, eff. Sept. 1, 1993;  Subsecs. (f), (g) amended by Acts 2003, 78th Leg., ch. 441, Sec. 1, eff. Sept. 1, 2003;  Subsecs. (a), (b), (e), (f), (g) amended by Acts 2003, 78th Leg., ch. 649, Sec. 2, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 522, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 522, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.13, eff. April 1, 2009.
Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.002(1), eff. September 1, 2007.
    
Art. 18.181. DISPOSITION OF EXPLOSIVE WEAPONS AND CHEMICAL DISPENSING DEVICES.  (a)  After seizure of an explosive weapon or chemical dispensing device, as these terms are defined in Section 46.01, Penal Code, a peace officer or a person acting at the direction of a peace officer shall:
(1) photograph the weapon in the position where it is recovered before touching or moving it;
(2) record the identification designations printed on a weapon if the markings are intact;
(3) if the weapon can be moved, move it to an isolated area in order to lessen the danger to the public;
(4) if possible, retain a portion of a wrapper or other packaging materials connected to the weapon;
(5) retain a small portion of the explosive material and submit the material to a laboratory for chemical analysis;
(6) separate and retain components associated with the weapon such as fusing and triggering mechanisms if those mechanisms are not hazardous in themselves;
(7) destroy the remainder of the weapon in a safe manner;
(8) at the time of destruction, photograph the destruction process and make careful observations of the characteristics of the destruction;
(9) after destruction, inspect the disposal site and photograph the site to record the destructive characteristics of the weapon;  and
(10) retain components of the weapon and records of the destruction for use as evidence in court proceedings.
(b) Representative samples, photographs, and records made pursuant to this article are admissible in civil or criminal proceedings in the same manner and to the same extent as if the explosive weapon were offered in evidence, regardless of whether or not the remainder of the weapon has been destroyed.  No inference or presumption of spoliation applies to weapons destroyed pursuant to this article.
  
Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 5, eff. Sept. 1, 1983.
    
Art. 18.183. DEPOSIT OF MONEY PENDING DISPOSITION.  (a)  If money is seized by a law enforcement agency in connection with a violation of Chapter 47, Penal Code, the state or the political subdivision of the state that employs the law enforcement agency may deposit the money in an interest-bearing bank account in the jurisdiction of the agency that made seizure or in the county in which the money was seized until a final judgment is rendered concerning the violation.
(b) If a final judgment is rendered concerning a violation of Chapter 47, Penal Code, money seized in connection with the violation that has been placed in an interest-bearing bank account shall be distributed according to this chapter, with any interest being distributed in the same manner and used for the same purpose as the principal.
  
Added by Acts 1987, 70th Leg., ch. 167, Sec. 4.02(a), eff. Sept. 1, 1987.  Renumbered from art. 18.182 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(6), eff. Aug. 28, 1989.
    
Art. 18.19. DISPOSITION OF SEIZED WEAPONS.  (a)  Weapons seized in connection with an offense involving the use of a weapon or an offense under Penal Code Chapter 46 shall be held by the law enforcement agency making the seizure, subject to the following provisions, unless:
(1) the weapon is a prohibited weapon identified in Penal Code Chapter 46, in which event Article 18.18 of this code applies;  or
(2) the weapon is alleged to be stolen property, in which event Chapter 47 of this code applies.
(b) When a weapon described in Paragraph (a) of this article is seized, and the seizure is not made pursuant to a search or arrest warrant, the person seizing the same shall prepare and deliver to a magistrate a written inventory of each weapon seized.
(c)  If there is no prosecution or conviction for an offense involving the weapon seized, the magistrate to whom the seizure was reported shall, before the 61st day after the date the magistrate determines that there will be no prosecution or conviction, notify in writing the person found in possession of the weapon that the person is entitled to the weapon upon written request to the magistrate. The magistrate shall order the weapon returned to the person found in possession before the 61st day after the date the magistrate receives a request from the person.  If the weapon is not requested before the 61st day after the date of notification, the magistrate shall, before the 121st day after the date of notification, order the weapon destroyed or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the magistrate.  If the magistrate does not order the return, destruction, or forfeiture of the weapon within the applicable period prescribed by this subsection, the law enforcement agency holding the weapon may request an order of destruction or forfeiture of the weapon from the magistrate.
(d)  A person either convicted or receiving deferred adjudication under Chapter 46, Penal Code, is entitled to the weapon seized upon request to the court in which the person was convicted or placed on deferred adjudication. However, the court entering the judgment shall order the weapon destroyed or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the court if:
(1)  the person does not request the weapon before the 61st day after the date of the judgment of conviction or the order placing the person on deferred adjudication;
(2)  the person has been previously convicted under Chapter 46, Penal Code;
(3)  the weapon is one defined as a prohibited weapon under Chapter 46, Penal Code;
(4)  the offense for which the person is convicted or receives deferred adjudication was committed in or on the premises of a playground, school, video arcade facility, or youth center, as those terms are defined by Section 481.134, Health and Safety Code; or
(5)  the court determines based on the prior criminal history of the defendant or based on the circumstances surrounding the commission of the offense that possession of the seized weapon would pose a threat to the community or one or more individuals.
(e)  If the person found in possession of a weapon is convicted of an offense involving the use of the weapon, before the 61st day after the date of conviction the court entering judgment of conviction shall order destruction of the weapon or forfeiture to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the court.  If the court entering judgment of conviction does not order the destruction or forfeiture of the weapon within the period prescribed by this subsection, the law enforcement agency holding the weapon may request an order of destruction or forfeiture of the weapon from a magistrate.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 987, ch. 399, Sec. 2(E), eff. Jan. 1, 1974.
      
Amended by Acts 1987, 70th Leg., ch. 980, Sec. 2, eff. Sept. 1, 1987.  Subsec. (d) amended by Acts 1993, 73rd Leg., ch. 157, Sec. 3, eff. Sept. 1, 1993;  amended by Acts 1995, 74th Leg., ch. 318, Sec. 46(a), eff. Sept. 1, 1995;  Subsecs. (c) to (e) amended by Acts 2001, 77th Leg., ch. 1083, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 509, Sec. 1, eff. September 1, 2005.
    
Art. 18.20.  DETECTION, INTERCEPTION, AND USE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
Definitions

Sec. 1. In this article:
(1)  "Wire communication" means an aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such a connection in a switching station, furnished or operated by a person authorized to engage in providing or operating the facilities for the transmission of communications as a communications common carrier. 
(2) "Oral communication" means an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation.  The term does not include an electronic communication.
(3) "Intercept" means the aural or other acquisition of the contents of a wire, oral, or electronic communication through the use of an electronic, mechanical, or other device.
(4) "Electronic, mechanical, or other device" means a device that may be used for the nonconsensual interception of wire, oral, or electronic communications.  The term does not include a telephone or telegraph instrument, the equipment or a facility used for the transmission of electronic communications, or a component of the equipment or a facility used for the transmission of electronic communications if the instrument, equipment, facility, or component is:
(A) furnished to the subscriber or user by a provider of wire or electronic communications service in the ordinary course of the provider's business and being used by the subscriber or user in the ordinary course of its business;
(B) furnished by a subscriber or user for connection to the facilities of a wire or electronic communications service for use in the ordinary course of the subscriber's or user's business;
(C) being used by a communications common carrier in the ordinary course of its business;  or
(D) being used by an investigative or law enforcement officer in the ordinary course of the officer's duties.
(5) "Investigative or law enforcement officer" means an officer of this state or of a political subdivision of this state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in Section 4 of this article or an attorney authorized by law to prosecute or participate in the prosecution of the enumerated offenses.
(6) "Contents," when used with respect to a wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.
(7) "Judge of competent jurisdiction" means a judge from the panel of nine active district judges with criminal jurisdiction appointed by the presiding judge of the court of criminal appeals as provided by Section 3 of this article.
(8) "Prosecutor" means a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney, with jurisdiction in the county within an administrative judicial district described by Section 3(b).
(9) "Director" means the director of the Department of Public Safety or, if the director is absent or unable to serve, the assistant director of the Department of Public Safety.
(10) "Communication common carrier" means a person engaged as a common carrier for hire in the transmission of wire or electronic communications.
(11) "Aggrieved person" means a person who was a party to an intercepted wire, oral, or electronic communication or a person against whom the interception was directed.
(12) "Covert entry" means any entry into or onto premises which if made without a court order allowing such an entry under this Act, would be a violation of the Penal Code.
(13) "Residence" means a structure or the portion of a structure used as a person's home or fixed place of habitation to which the person indicates an intent to return after any temporary absence.
(14) "Pen register," "ESN reader," "trap and trace device," and "mobile tracking device" have the meanings assigned by Article 18.21.
(15) "Electronic communication" means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.  The term does not include:
(A) a wire or oral communication;
(B) a communication made through a tone-only paging device;  or
(C) a communication from a tracking device.
(16) "User" means a person who uses an electronic communications service and is authorized by the provider of the service to use the service.
(17) "Electronic communications system" means a wire, radio, electromagnetic, photo-optical or photoelectronic facility for the transmission of wire or electronic communications, and any computer facility or related electronic equipment for the electronic storage of those communications.
(18) "Electronic communications service" means a service that provides to users of the service the ability to send or receive wire or electronic communications.
(19) "Readily accessible to the general public" means, with respect to a radio communication, a communication that is not:
(A) scrambled or encrypted;
(B) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;  
(C) carried on a subcarrier or other signal subsidiary to a radio transmission;
(D) transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication;
(E) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part 94 of the rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;  or
(F) an electronic communication.
(20) "Electronic storage" means:
(A) a temporary, intermediate storage of a wire or electronic communication that is incidental to the electronic transmission of the communication;  or
(B) storage of a wire or electronic communication by an electronic communications service for purposes of backup protection of the communication.
(21) "Aural transfer" means a transfer containing the human voice at any point between and including the point of origin and the point of reception.
(22) "Immediate life-threatening situation" means a hostage, barricade, or other emergency situation in which a person unlawfully and directly:
(A) threatens another with death;  or
(B) exposes another to a substantial risk of serious bodily injury.
(23)  "Member of a law enforcement unit specially trained to respond to and deal with life-threatening situations" means a peace officer who, as evidenced by the submission of appropriate documentation to the Commission on Law Enforcement Officer Standards and Education:
(A)  receives a minimum of 40 hours a year of training in hostage and barricade suspect situations; or
(B)  has received a minimum of 24 hours of training on kidnapping investigations and is:
(i)  the sheriff of a county with a population of 3.3 million or more or the sheriff's designee; or
(ii)  the police chief of a police department in a municipality with a population of 500,000 or more or the police chief's designee.
(24) "Access," "computer," "computer network," "computer system," and "effective consent" have the meanings assigned by Section 33.01, Penal Code.
(25) "Computer trespasser" means a person who:
(A) is accessing a protected computer without effective consent of the owner;  and
(B) has no reasonable expectation of privacy in any communication transmitted to, through, or from the protected computer.  The term does not include a person who accesses the computer under an existing contractual relationship with the owner or operator of the protected computer.
(26) "Protected computer" means a computer, computer network, or computer system that is:
(A) owned by a financial institution or governmental entity;  or
(B) used by or for a financial institution or governmental entity and conduct constituting an offense affects that use.
Prohibition of Use as Evidence of Intercepted Communications

Sec. 2.  (a)  The contents of an intercepted communication and evidence derived from an intercepted communication may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States or of this state or a political subdivision of this state unless:
(1) the communication was intercepted in violation of this article, Section 16.02, Penal Code, or federal law;  or
(2) the disclosure of the contents of the intercepted communication or evidence derived from the communication would be in violation of this article, Section 16.02, Penal Code, or federal law.
(b) The contents of an intercepted communication and evidence derived from an intercepted communication may be received in a civil trial, hearing, or other proceeding only if the civil trial, hearing, or other proceeding arises out of a violation of a penal law.
(c) This section does not prohibit the use or admissibility of the contents of a communication or evidence derived from the communication if the communication was intercepted in a jurisdiction outside this state in compliance with the law of that jurisdiction.
Judges Authorized to Consider Interception Applications

Sec. 3.  (a)  The presiding judge of the court of criminal appeals, by order filed with the clerk of that court, shall appoint one district judge from each of the administrative judicial districts of this state to serve at his pleasure as the judge of competent jurisdiction within that administrative judicial district.  The presiding judge shall fill vacancies, as they occur, in the same manner.
(b) Except as provided by Subsection (c), a judge appointed under Subsection (a) may act on an application for authorization to intercept wire, oral, or electronic communications if the judge is appointed as the judge of competent jurisdiction within the administrative judicial district in which the following is located:
(1) the site of:
(A) the proposed interception;  or
(B) the interception device to be installed or monitored;
(2) the communication device to be intercepted;
(3) the billing, residential, or business address of the subscriber to the electronic communications service to be intercepted;
(4) the headquarters of the law enforcement agency that makes a request for or executes an order authorizing an interception;  or
(5) the headquarters of the service provider.
(c) If the judge of competent jurisdiction for an administrative judicial district is absent or unable to serve or if exigent circumstances exist, the application may be made to the judge of competent jurisdiction in an adjacent administrative judicial district.  Exigent circumstances does not include a denial of a previous application on the same facts and circumstances.  To be valid, the application must fully explain the circumstances justifying application under this subsection.
Sec. 4.  OFFENSES FOR WHICH INTERCEPTIONS MAY BE AUTHORIZED.  A judge of competent jurisdiction may issue an order authorizing interception of wire, oral, or electronic communications only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of:
(1)  a felony under Section 19.02, 19.03, or 43.26, Penal Code;
(2)  a felony under:
(A)  Chapter 481, Health and Safety Code, other than felony possession of marihuana;
(B)  Section 485.032, Health and Safety Code; or
(C)  Chapter 483, Health and Safety Code;
(3)  an offense under Section 20.03 or 20.04, Penal Code;
(4)  an offense under Chapter 20A, Penal Code;
(5)  an offense under Chapter 34, Penal Code, if the criminal activity giving rise to the proceeds involves the commission of an offense under Title 5, Penal Code, or an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense under Title 5;
(6)  an offense under Section 38.11, Penal Code; or
(7)  an attempt, conspiracy, or solicitation to commit an offense listed in this section.
Control of Intercepting Devices

Sec. 5.  (a)  Except as otherwise provided by this section and Sections 8A and 8B, only the Department of Public Safety is authorized by this article to own, possess, install, operate, or monitor an electronic, mechanical, or other device.  The Department of Public Safety may be assisted by an investigative or law enforcement officer or other person in the operation and monitoring of an interception of wire, oral, or electronic communications, provided that the officer or other person:
(1)  is designated by the director for that purpose;  and
(2)  acts in the presence and under the direction of a commissioned officer of the Department of Public Safety.
(b) The director shall designate in writing the commissioned officers of the Department of Public Safety who are responsible for the possession, installation, operation, and monitoring of electronic, mechanical, or other devices for the department.
(c)  The Texas Department of Criminal Justice may own electronic, mechanical, or other devices for a use or purpose authorized by Section 500.008, Government Code, and the inspector general of the Texas Department of Criminal Justice, a commissioned officer of that office, or another person acting in the presence and under the direction of a commissioned officer of that office may possess, install, operate, or monitor those devices as provided by Section 500.008.
(d)  The Texas Youth Commission may own electronic, mechanical, or other devices for a use or purpose authorized by Section 61.0455, Human Resources Code, and the inspector general of the Texas Youth Commission, a commissioned officer of that office, or another person acting in the presence and under the direction of a commissioned officer of that office may possess, install, operate, or monitor those devices as provided by Section 61.0455.
Request for Application for Interception

Sec. 6.  (a)  The director may, based on written affidavits, request in writing that a prosecutor apply for an order authorizing interception of wire, oral, or electronic communications.
(b) The head of a local law enforcement agency or, if the head of the local law enforcement agency is absent or unable to serve, the acting head of the local law enforcement agency may, based on written affidavits, request in writing that a prosecutor apply for an order authorizing interception of wire, oral, or electronic communications. Prior to the requesting of an application under this subsection, the head of a local law enforcement agency must submit the request and supporting affidavits to the director, who shall make a finding in writing whether the request and supporting affidavits establish that other investigative procedures have been tried and failed or they reasonably appear unlikely to succeed or to be too dangerous if tried, is feasible, is justifiable, and whether the Department of Public Safety has the necessary resources available.  The prosecutor may file the application only after a written positive finding on all the above requirements by the director.
Authorization for Disclosure and Use of Intercepted Communications

Sec. 7.  (a)  An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of a wire, oral, or electronic communication or evidence derived from the communication may disclose the contents or evidence to another investigative or law enforcement officer, including a federal law enforcement officer or agent or a law enforcement officer or agent of another state, to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(b) An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of a wire, oral, or electronic communication or evidence derived from the communication may use the contents or evidence to the extent the use is appropriate to the proper performance of his official duties.
(c) A person who receives, by any means authorized by this article, information concerning a wire, oral, or electronic communication or evidence derived from a communication intercepted in accordance with the provisions of this article may disclose the contents of that communication or the derivative evidence while giving testimony under oath in any proceeding held under the authority of the United States, of this state, or of a political subdivision of this state.
(d) An otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this article does not lose its privileged character and any evidence derived from such privileged communication against the party to the privileged communication shall be considered privileged also.
(e) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in a manner authorized by this article, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization, the contents of and evidence derived from the communication may be disclosed or used as provided by Subsections (a) and (b) of this section.  Such contents and any evidence derived therefrom may be used under Subsection (c) of this section when authorized by a judge of competent jurisdiction where the judge finds, on subsequent application, that the contents were otherwise intercepted in accordance with the provisions of this article.  The application shall be made as soon as practicable.
Application for Interception Authorization

Sec. 8.  (a)  To be valid, an application for an order authorizing the interception of a wire, oral, or electronic communication must be made in writing under oath to a judge of competent jurisdiction and must state the applicant's authority to make the application.  An applicant must include the following information in the application:
(1) the identity of the prosecutor making the application and of the officer requesting the application; 
(2) a full and complete statement of the facts and circumstances relied on by the applicant to justify his belief that an order should be issued, including:
(A) details about the particular offense that has been, is being, or is about to be committed; 
(B) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; 
(C) a particular description of the type of communication sought to be intercepted;  and
(D) the identity of the person, if known, committing the offense and whose communications are to be intercepted; 
(3) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed or to be too dangerous if tried; 
(4) a statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication is first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the described type of communication is obtained; 
(5) a statement whether a covert entry will be necessary to properly and safely install the wiretapping or electronic surveillance or eavesdropping equipment and, if a covert entry is requested, a statement as to why such an entry is necessary and proper under the facts of the particular investigation, including a full and complete statement as to whether other investigative techniques have been tried and have failed or why they reasonably appear to be unlikely to succeed or to be too dangerous if tried or are not feasible under the circumstances or exigencies of time; 
(6) a full and complete statement of the facts concerning all applications known to the prosecutor making the application that have been previously made to a judge for authorization to intercept wire, oral, or electronic communications involving any of the persons, facilities, or places specified in the application and of the action taken by the judge on each application;  and
(7) if the application is for the extension of an order, a statement setting forth the results already obtained from the interception or a reasonable explanation of the failure to obtain results.
(b) The judge may, in an ex parte hearing in chambers, require additional testimony or documentary evidence in support of the application, and such testimony or documentary evidence shall be preserved as part of the application.
Emergency Installation and Use of Intercepting Device

Sec. 8A.  (a)  The prosecutor in a county in which an electronic, mechanical, or other device is to be installed or used to intercept wire, oral, or electronic communications shall designate in writing each peace officer in the county, other than a commissioned officer of the Department of Public Safety, who:
(1) is a member of a law enforcement unit specially trained to respond to and deal with life-threatening situations;  and
(2) is authorized to possess such a device and responsible for the installation, operation, and monitoring of the device in an immediate life-threatening situation.
(b)  A peace officer designated under Subsection (a) or under Section 5(b) may possess, install, operate, or monitor an electronic, mechanical, or other device to intercept wire, oral, or electronic communications if the officer:
(1)  reasonably believes an immediate life-threatening situation exists that:
(A)  is within the territorial jurisdiction of the officer or another officer the officer is assisting; and
(B)  requires interception of communications before an order authorizing the interception can, with due diligence, be obtained under this section;
(2)  reasonably believes there are sufficient grounds under this section on which to obtain an order authorizing the interception; and
(3)  obtains oral or written consent to the interception before beginning the interception from:
(A)  a judge of competent jurisdiction;
(B)  a district judge for the county in which the device will be installed or used; or
(C)  a judge or justice of a court of appeals or of a higher court.
(c) An official described in Subsection (b)(3) may give oral or written consent to the interception of communications under this section to provide evidence of the commission of a felony, or of a threat, attempt, or conspiracy to commit a felony, in an immediate life-threatening situation.  Oral or written consent given under this section expires 48 hours after the grant of consent or at the conclusion of the emergency justifying the interception, whichever occurs first.
(d) If an officer installs or uses a device under Subsection (b), the officer shall:
(1) promptly report the installation or use to the prosecutor in the county in which the device is installed or used;  and
(2) within 48 hours after the installation is complete or the interception begins, whichever occurs first, obtain a written order from a judge of competent jurisdiction authorizing the interception.
(e) A judge of competent jurisdiction under Section 3 or under Subsection (b) may issue a written order authorizing interception of communications under this section during the 48-hour period prescribed by Subsection (d)(2).  A written order under this section expires on the 30th day after execution of the order or at the conclusion of the emergency that initially justified the interception, whichever occurs first.  If an order is denied or is not issued within the 48-hour period, the officer shall terminate use of and remove the device promptly on the earlier of:
(1) the denial;
(2) the end of the emergency that initially justified the interception;  or
(3) the expiration of 48 hours.
(f) The state may not use as evidence in a criminal proceeding any information gained through the use of a device installed under this section if authorization for the device is not sought or is sought but not obtained.
(g) A peace officer may certify to a communications common carrier that the officer is acting lawfully under this section.
Sec. 8B.  DETECTION OF CELLULAR TELEPHONE OR OTHER WIRELESS COMMUNICATIONS DEVICE IN CORRECTIONAL OR DETENTION FACILITY.  (a)  In this section, "correctional facility" has the meaning assigned by Section 39.04(e), Penal Code.
(b)  Notwithstanding any other provision of this article or Article 18.21, the office of the inspector general of the Texas Department of Criminal Justice may:
(1)  without a warrant, use electronic, mechanical, or other devices to detect the presence or use of a cellular telephone or other wireless communications device in a correctional facility;
(2)  without a warrant, intercept, monitor, detect, or, as authorized by applicable federal laws and regulations, prevent the transmission of any communication transmitted through the use of a cellular telephone or other wireless communications device in a correctional facility; and
(3)  use, to the extent authorized by law, any information obtained under Subdivision (2), including the contents of an intercepted communication, in any criminal or civil proceeding before a court or other governmental agency or entity.
(c)  Not later than the 30th day after the date on which the office of the inspector general uses an electronic, mechanical, or other device under Subsection (b), the inspector general shall report the use of the device to:
(1)  a prosecutor with jurisdiction in the county in which the device was used; or
(2)  the special prosecution unit established under Subchapter E, Chapter 41, Government Code, if that unit has jurisdiction in the county in which the device was used.
(d)  When using an electronic, mechanical, or other device under Subsection (b), the office of the inspector general shall minimize the impact of the device on any communication that is not reasonably related to the detection of the presence or use of a cellular telephone or other wireless communications device in a correctional facility.
(e)  A person confined in a correctional facility does not have an expectation of privacy with respect to the possession or use of a cellular telephone or other wireless communications device located on the premises of the facility.  The person who is confined, and any person with whom that person communicates through the use of a cellular telephone or other wireless communications device, does not have an expectation of privacy with respect to the contents of any communication transmitted by the cellular telephone or wireless communications device.
Action on Application for Interception Order

Sec. 9.  (a)  On receipt of an application, the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral, or electronic communications if the judge determines from the evidence submitted by the applicant that:
(1) there is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense enumerated in Section 4 of this article; 
(2) there is probable cause to believe that particular communications concerning that offense will be obtained through the interception; 
(3) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed or to be too dangerous if tried;
(4) there is probable cause to believe that the facilities from which or the place where the wire, oral, or electronic communications are to be intercepted are being used or are about to be used in connection with the commission of an offense or are leased to, listed in the name of, or commonly used by the person;  and
(5) a covert entry is or is not necessary to properly and safely install the wiretapping or electronic surveillance or eavesdropping equipment.
(b) An order authorizing the interception of a wire, oral, or electronic communication must specify:
(1) the identity of the person, if known, whose communications are to be intercepted; 
(2) the nature and location of the communications facilities as to which or the place where authority to intercept is granted; 
(3) a particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates; 
(4) the identity of the officer making the request and the identity of the prosecutor; 
(5) the time during which the interception is authorized, including a statement of whether or not the interception will automatically terminate when the described communication is first obtained;  and
(6) whether or not a covert entry or surreptitious entry is necessary to properly and safely install wiretapping, electronic surveillance, or eavesdropping equipment.
(c) On request of the applicant for an order authorizing the interception of a wire, oral, or electronic communication, the judge may issue a separate order directing that a provider of wire or electronic communications service, a communication common carrier, landlord, custodian, or other person furnish the applicant all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the provider, carrier, landlord, custodian, or other person is providing the person whose communications are to be intercepted.  Any provider of wire or electronic communications service, communication common carrier, landlord, custodian, or other person furnishing facilities or technical assistance is entitled to compensation by the applicant for reasonable expenses incurred in providing the facilities or assistance at the prevailing rates.  The interception order may include an order to:
(1) install or use a pen register, ESN reader, trap and trace device, or mobile tracking device, or similar equipment that combines the function of a pen register and trap and trace device;
(2) disclose a stored communication, information subject to an administrative subpoena, or information subject to access under Article 18.21, Code of Criminal Procedure.
(d) An order entered pursuant to this section may not authorize the interception of a wire, oral, or electronic communication for longer than is necessary to achieve the objective of the authorization and in no event may it authorize interception for more than 30 days.  The issuing judge may grant extensions of an order, but only on application for an extension made in accordance with Section 8 and the court making the findings required by Subsection (a). The period of extension may not be longer than the authorizing judge deems necessary to achieve the purposes for which it is granted and in no event may the extension be for more than 30 days.  To be valid, each order and extension of an order must provide that the authorization to intercept be executed as soon as practicable, be conducted in a way that minimizes the interception of communications not otherwise subject to interception under this article, and terminate on obtaining the authorized objective or within 30 days, whichever occurs sooner.  If the intercepted communication is in code or a foreign language and an expert in that code or language is not reasonably available during the period of interception, minimization may be accomplished as soon as practicable after the interception.
(e) An order entered pursuant to this section may not authorize a covert entry into a residence solely for the purpose of intercepting a wire or electronic communication.
(f) An order entered pursuant to this section may not authorize a covert entry into or onto a premises for the purpose of intercepting an oral communication unless:
(1) the judge, in addition to making the determinations required under Subsection (a) of this section, determines that:
(A)(i) the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of a pen register previously authorized in connection with the same investigation; 
(ii) the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of an interception of wire or electronic communications previously authorized in connection with the same investigation;  and
(iii) that such procedures have failed;  or
(B) that the procedures enumerated in Paragraph (A) reasonably appear to be unlikely to succeed or to be too dangerous if tried or are not feasible under the circumstances or exigencies of time;  and
(2) the order, in addition to the matters required to be specified under Subsection (b) of this section, specifies that the covert entry is for the purpose of intercepting oral communications of two or more persons and that there is probable cause to believe they are committing, have committed, or are about to commit a particular offense enumerated in Section 4 of this article.
(g) Whenever an order authorizing interception is entered pursuant to this article, the order may require reports to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception.  Reports shall be made at any interval the judge requires.
(h) A judge who issues an order authorizing the interception of a wire, oral, or electronic communication may not hear a criminal prosecution in which evidence derived from the interception may be used or in which the order may be an issue.
Sec. 9A.  INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED PERSON.  (a)  The requirements of Sections 8(a)(2)(B) and 9(b)(2) relating to the specification of the facilities from which or the place where a communication is to be intercepted do not apply if:
(1)  in the case of an application for an order authorizing the interception of an oral communication:
(A)  the application contains a full and complete statement as to why the specification is not practical and identifies the person committing or believed to be committing the offense and whose communications are to be intercepted; and
(B)  a judge of competent jurisdiction finds that the specification is not practical; and
(2)  in the case of an application for an order authorizing the interception of a wire or electronic communication:
(A)  the application identifies the person committing or believed to be committing the offense and whose communications are to be intercepted;
(B)  a judge of competent jurisdiction finds that the applicant has made an adequate showing of probable cause to believe that the actions of the person identified in the application could have the effect of thwarting interception from a specified facility; and
(C)  the authority to intercept a wire or electronic communication under the order is limited to a period in which it is reasonable to presume that the person identified in the application will be reasonably proximate to the interception device.
(b)  A person implementing an order authorizing the interception of an oral communication that, in accordance with this section, does not specify the facility from which or the place where a communication is to be intercepted may begin interception only after the person ascertains the place where the communication is to be intercepted.
(c)  A provider of wire or electronic communications that receives an order authorizing the interception of a wire or electronic communication that, in accordance with this section, does not specify the facility from which or the place where a communication is to be intercepted may move the court to modify or quash the order on the ground that the provider's assistance with respect to the interception cannot be performed in a timely or reasonable fashion.  On notice to the state, the court shall decide the motion expeditiously.
Procedure for Preserving Intercepted Communications

Sec. 10.  (a)  The contents of a wire, oral, or electronic communication intercepted by means authorized by this article shall be recorded on tape, wire, or other comparable device.  The recording of the contents of a wire, oral, or electronic communication under this subsection shall be done in a way that protects the recording from editing or other alterations.
(b) Immediately on the expiration of the period of the order and all extensions, if any, the recordings shall be made available to the judge issuing the order and sealed under his directions.  Custody of the recordings shall be wherever the judge orders.  The recordings may not be destroyed until at least 10 years after the date of expiration of the order and the last extension, if any.  A recording may be destroyed only by order of the judge of competent jurisdiction for the administrative judicial district in which the interception was authorized.
(c) Duplicate recordings may be made for use or disclosure pursuant to Subsections (a) and (b), Section 7, of this article for investigations.
(d) The presence of the seal required by Subsection (b) of this section or a satisfactory explanation of its absence is a prerequisite for the use or disclosure of the contents of a wire, oral, or electronic communication or evidence derived from the communication under Subsection (c), Section 7, of this article.
Sealing of Orders and Applications

Sec. 11. The judge shall seal each application made and order granted under this article.  Custody of the applications and orders shall be wherever the judge directs.  An application or order may be disclosed only on a showing of good cause before a judge of competent jurisdiction and may not be destroyed until at least 10 years after the date it is sealed.  An application or order may be destroyed only by order of the judge of competent jurisdiction for the administrative judicial district in which it was made or granted.
Contempt

Sec. 12. A violation of Section 10 or 11 of this article may be punished as contempt of court.
Notice and Disclosure of Interception to a Party

Sec. 13.  (a)  Within a reasonable time but not later than 90 days after the date an application for an order is denied or after the date an order or the last extension, if any, expires, the judge who granted or denied the application shall cause to be served on the persons named in the order or the application and any other parties to intercepted communications, if any, an inventory, which must include notice:
(1) of the entry of the order or the application; 
(2) of the date of the entry and the period of authorized interception or the date of denial of the application;  and
(3) that during the authorized period wire, oral, or electronic communications were or were not intercepted.
(b) The judge, on motion, may in his discretion make available to a person or his counsel for inspection any portion of an intercepted communication, application, or order that the judge determines, in the interest of justice, to disclose to that person.
(c) On an ex parte showing of good cause to the judge, the serving of the inventory required by this section may be postponed, but in no event may any evidence derived from an order under this article be disclosed in any trial, until after such inventory has been served.
Preconditions to Use as Evidence

Sec. 14.  (a)  The contents of an intercepted wire, oral, or electronic communication or evidence derived from the communication may not be received in evidence or otherwise disclosed in a trial, hearing, or other proceeding in a federal or state court unless each party, not later than the 10th day before the date of the trial, hearing, or other proceeding, has been furnished with a copy of the court order and application under which the interception was authorized or approved.  This 10-day period may be waived by the judge if he finds that it is not possible to furnish the party with the information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(b) An aggrieved person charged with an offense in a trial, hearing, or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States or of this state or a political subdivision of this state may move to suppress the contents of an intercepted wire, oral, or electronic communication or evidence derived from the communication on the ground that:
(1) the communication was unlawfully intercepted; 
(2) the order authorizing the interception is insufficient on its face;  or
(3) the interception was not made in conformity with the order.
(c) A person identified by a party to an intercepted wire, oral, or electronic communication during the course of that communication may move to suppress the contents of the communication on the grounds provided in Subsection (b) of this section or on the ground that the harm to the person resulting from his identification in court exceeds the value to the prosecution of the disclosure of the contents.
(d) The motion to suppress must be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion.  The hearing on the motion shall be held in camera upon the written request of the aggrieved person.  If the motion is granted, the contents of the intercepted wire, oral, or electronic communication and evidence derived from the communication shall be treated as having been obtained in violation of this article.  The judge, on the filing of the motion by the aggrieved person, shall make available to the aggrieved person or his counsel for inspection any portion of the intercepted communication or evidence derived from the communication that the judge determines, in the interest of justice, to make available.
(e) Any judge of this state, upon hearing a pretrial motion regarding conversations intercepted by wire pursuant to this article, or who otherwise becomes informed that there exists on such intercepted wire, oral, or electronic communication identification of a specific individual who is not a party or suspect to the subject of interception:
(1) shall give notice and an opportunity to be heard on the matter of suppression of references to that person if identification is sufficient so as to give notice;  or
(2) shall suppress references to that person if identification is sufficient to potentially cause embarrassment or harm which outweighs the probative value, if any, of the mention of such person, but insufficient to require the notice provided for in Subdivision (1), above.
Reports concerning intercepted wire, oral, or electronic communications

Sec. 15.  (a)  Within 30 days after the date an order or the last extension, if any, expires or after the denial of an order, the issuing or denying judge shall report to the Administrative Office of the United States Courts:
(1) the fact that an order or extension was applied for;
(2) the kind of order or extension applied for;
(3) the fact that the order or extension was granted as applied for, was modified, or was denied;
(4) the period of interceptions authorized by the order and the number and duration of any extensions of the order;
(5) the offense specified in the order or application or extension;
(6) the identity of the officer making the request and the prosecutor;  and
(7) the nature of the facilities from which or the place where communications were to be intercepted.
(b) In January of each year each prosecutor shall report to the Administrative Office of the United States Courts the following information for the preceding calendar year:
(1) the information required by Subsection (a) of this section with respect to each application for an order or extension made;
(2) a general description of the interceptions made under each order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of other communications intercepted, the approximate number of persons whose communications were intercepted, and the approximate nature, amount, and cost of the manpower and other resources used in the interceptions;
(3) the number of arrests resulting from interceptions made under each order or extension and the offenses for which arrests were made;
(4) the number of trials resulting from interceptions;
(5) the number of motions to suppress made with respect to interceptions and the number granted or denied;
(6) the number of convictions resulting from interceptions, the offenses for which the convictions were obtained, and a general assessment of the importance of the interceptions;  and
(7) the information required by Subdivisions (2) through (6) of this subsection with respect to orders or extensions obtained.
(c) Any judge or prosecutor required to file a report with the Administrative Office of the United States Courts shall forward a copy of such report to the director of the Department of Public Safety.  On or before March 1 of each year, the director shall submit to the governor;  lieutenant governor;  speaker of the house of representatives;  chairman, senate jurisprudence committee;  and chairman, house of representatives criminal jurisprudence committee a report of all intercepts as defined herein conducted pursuant to this article and terminated during the preceding calendar year.  Such report shall include:
(1) the reports of judges and prosecuting attorneys forwarded to the director as required in this section;
(2) the number of Department of Public Safety personnel authorized to possess, install, or operate electronic, mechanical, or other devices;
(3) the number of Department of Public Safety and other law enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this article during the preceding calendar year;  and
(4) the total cost to the Department of Public Safety of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower, and expenses incurred as compensation for use of facilities or technical assistance provided to the department.
Recovery of Civil Damages Authorized

Sec. 16.  (a)  A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this article, or in violation of Chapter 16, Penal Code, has a civil cause of action against any person who intercepts, discloses, or uses or solicits another person to intercept, disclose, or use the communication and is entitled to recover from the person:
(1) actual damages but not less than liquidated damages computed at a rate of $100 a day for each day of violation or $1,000, whichever is higher;
(2) punitive damages;  and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
(b) A good faith reliance on a court order or legislative authorization constitutes a complete defense to an action brought under this section.
(c) A person is subject to suit by the federal or state government in a court of competent jurisdiction for appropriate injunctive relief if the person engages in conduct that:
(1) constitutes an offense under Section 16.05, Penal Code, but is not for a tortious or illegal purpose or for the purpose of direct or indirect commercial advantage or private commercial gain;  and
(2) involves a radio communication that is:
(A) transmitted on frequencies allocated under Subpart D of Part 74 of the rules of the Federal Communications Commission;  and
(B) not scrambled or encrypted.
(d) A defendant is liable for a civil penalty of $500 if it is shown at the trial of the civil suit brought under Subsection (c) that the defendant:
(1) has been convicted of an offense under Section 16.05, Penal Code;  or
(2) is found liable in a civil action brought under Subsection (a).
(e) Each violation of an injunction ordered under Subsection (c) is punishable by a fine of $500.
(f) The attorney general, or the county or district attorney of the county in which the conduct, as described by Subsection (c), is occurring, may file suit under Subsection (c) on behalf of the state.
(g) A computer trespasser or a user, aggrieved person, subscriber, or customer of a communications common carrier or electronic communications service does not have a cause of action against the carrier or service, its officers, employees, or agents, or other specified persons for providing information, facilities, or assistance as required by a good faith reliance on:
(1) legislative authority;  or
(2) a court order, warrant, subpoena, or certification under this article.
Sec. 17.  NONAPPLICABILITY.  This article does not apply to conduct described as an affirmative defense under Section 16.02(c), Penal Code, except as otherwise specifically provided by that section.
Sec. 18.  Repealed by Acts 2005, 79th Leg., Ch. 889, Sec. 2, eff. June 17, 2005.
  
Added by Acts 1981, 67th Leg., p. 729, ch. 275, Sec. 1, eff. Aug. 31, 1981.  Sec. 17 amended by Acts 1983, 68th Leg., p. 4880, ch. 864, Sec. 4, eff. June 19, 1983;  Sec. 1(13), (14) added by Acts 1985, 69th Leg., ch. 587, Sec. 2, eff. Aug. 26, 1985;  Sec. 8(a) amended by Acts 1985, 69th Leg., ch. 587, Sec. 3, eff. Aug. 26, 1985;  Sec. 9(e), (f) added by and Sec. 9(g), (h) amended by Acts 1985, 69th Leg., ch. 587, Sec. 4, eff. Aug. 26, 1985;  Art. head amended by Acts 1989, 71st Leg., ch. 1166, Sec. 1, eff. Sept. 1, 1989;  Sec. 1 (1) to (4), (6), (10), (11) amended by and Sec. 1(15) to (21) added by Acts 1989, 71st Leg., ch. 1166, Sec. 2, eff. Sept. 1, 1989;  Sec. 3(b) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 3, eff. Sept. 1, 1989;  Sec. 4 amended by Acts 1989, 71st Leg., ch. 1166, Sec. 4, eff. Sept. 1, 1989;  Sec. 5(a) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 5, eff. Sept. 1, 1989;  Sec. 6 amended by Acts 1989, 71st Leg., ch. 1166, Sec. 6, eff. Sept. 1, 1989;  Sec. 7 amended by Acts 1989, 71st Leg., ch. 1166, Sec. 7, eff. Sept. 1, 1989;  Sec. 8(a) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 8, eff. Sept. 1, 1989;  Sec. 9(a) to (f), (h) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 9, eff. Sept. 1, 1989;  Sec. 10(a), (d) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 10, eff. Sept. 1, 1989;  Sec. 13(a) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 11, eff. Sept. 1, 1989;  Sec. 14 amended by Acts 1989, 71st Leg., ch. 1166, Sec. 12, eff. Sept. 1, 1989;  Sec. 15 amended by Acts 1989, 71st Leg., ch. 1166, Sec. 13, eff. Sept. 1, 1989;  Sec. 16(a) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 14, eff. Sept. 1, 1989;  Sec. 17(a) amended by Acts 1989, 71st Leg., ch. 1166, Sec. 15, eff. Sept. 1, 1989;  Sec. 4 amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(38), (57), eff. Sept. 1, 1991;  Sec. 18 added by Acts 1993, 73rd Leg., ch. 790, Sec. 15, eff. Sept. 1, 1993;  added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.06, eff. Sept. 1, 1994;  Sec. 1(1), (8), (14), (15), (19) amended by Acts 1997, 75th Leg., ch. 1051, Sec. 1, eff. Sept. 1, 1997;  Sec. 3(b) amended by Acts 1997, 75th Leg., ch. 1051, Sec. 2, eff. Sept. 1, 1997;  Sec. 16 amended by Acts 1997, 75th Leg., ch. 1051, Sec. 3, eff. Sept. 1, 1997;  Sec. 17 amended by Acts 1997, 75th Leg., ch. 1051, Sec. 4, eff. Sept. 1, 1997;  Sec. 1(22), (23) added by Acts 2001, 77th Leg., ch. 1270, Sec. 1, eff. Sept. 1, 2001;  Sec. 2 amended by Acts 2001, 77th Leg., ch. 1270, Sec. 2, eff. Sept. 1, 2001;  Sec. 4 amended by Acts 2001, 77th Leg., ch. 1270, Sec. 3, eff. Sept. 1, 2001;  Sec. 5(a) amended by Acts 2001, 77th Leg., ch. 1270, Sec. 4, eff. Sept. 1, 2001;  Sec. 8A added by Acts 2001, 77th Leg., ch. 1270, Sec. 5, eff. Sept. 1, 2001;  Sec. 9(c), (d) amended by Acts 2001, 77th Leg., ch. 1270, Sec. 6, eff. Sept. 1, 2001;  Sec. 1(14), (22) amended and Sec. 1(24), (25), (26) added by Acts 2003, 78th Leg., ch. 678, Sec. 2, eff. Sept. 1, 2003;  Sec. 4 amended by Acts 2003, 78th Leg., ch. 678, Sec. 3, eff. Sept. 1, 2003;  Sec. 7(a) amended by Acts 2003, 78th Leg., ch. 678, Sec. 4, eff. Sept. 1, 2003;  Sec. 8A(b), (c), (e) amended and Sec. 8A(g) added by Acts 2003, 78th Leg., ch. 678, Sec. 5, eff. Sept. 1, 2003;  Sec. 9(c) amended by Acts 2003, 78th Leg., ch. 678, Sec. 6, eff. Sept. 1, 2003;  Sec. 16(g) added by Acts 2003, 78th Leg., ch. 678, Sec. 7, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 889, Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 186, Sec. 1, eff. May 23, 2007.
Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 6.01, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 40, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 5, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1169, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1237, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1356, Sec. 1, eff. September 1, 2009.
    
Art. 18.21. PEN REGISTERS AND TRAP AND TRACE DEVICES;  ACCESS TO STORED COMMUNICATIONS;  MOBILE TRACKING DEVICES.
Definitions

Sec. 1. In this article:
(1) "Aural transfer," "communication common carrier," "computer trespasser," "electronic communication," "electronic communications service," "electronic communications system," "electronic storage," "immediate life-threatening situation," "member of a law enforcement unit specially trained to respond to and deal with life-threatening situations," "readily accessible to the general public," "user," and "wire communication" have the meanings assigned by Article 18.20.
(2) "Authorized peace officer" means:
(A) a sheriff or a sheriff's deputy;
(B) a constable or deputy constable;
(C) a marshal or police officer of an incorporated city;
(D) a ranger or officer commissioned by the Public Safety Commission or the director of the Department of Public Safety;
(E) an investigator of a prosecutor's office;
(F) a law enforcement agent of the Alcoholic Beverage Commission; 
(G) a law enforcement officer commissioned by the Parks and Wildlife Commission;  or
(H) an enforcement officer appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code.
(3) "Department" means the Department of Public Safety.
(3-a)  "Designated law enforcement agency" means:
(A)  the sheriff's department of a county with a population of 3.3 million or more; or
(B)  a police department in a municipality with a population of 500,000 or more.
(4) "ESN reader" means a device that records the electronic serial number from the data track of a wireless telephone, cellular telephone, or similar communication device that transmits its operational status to a base site, if the device does not intercept the contents of a communication.
(5)  "Mobile tracking device" means an electronic or mechanical device that permits tracking the movement of a person, vehicle, container, item, or object. 
(6) "Pen register" means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, if the information does not include the contents of the communication.  The term does not include a device used by a provider or customer of a wire or electronic communication service in the ordinary course of the provider's or customer's business for purposes of:
(A) billing or recording as an incident to billing for communications services;  or
(B) cost accounting, security control, or other ordinary business purposes.
(7) "Prosecutor" means a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney.
(8) "Remote computing service" means the provision to the public of computer storage or processing services by means of an electronic communications system.
(9) "Supervisory official" means:
(A) an investigative agent or an assistant investigative agent who is in charge of an investigation;
(B) an equivalent person at an investigating agency's headquarters or regional office;  and
(C) the principal prosecuting attorney of the state or of a political subdivision of the state or the first assistant or chief assistant prosecuting attorney in the office of either.
(10) "Trap and trace device" means a device or process that records an incoming electronic or other impulse that identifies the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, if the information does not include the contents of the communication. The term does not include a device or telecommunications network used in providing:
(A) a caller identification service authorized by the Public Utility Commission of Texas under Subchapter E, Chapter 55, Utilities Code;
(B) the services referenced in Section 55.102(b), Utilities Code;  or
(C) a caller identification service provided by a commercial mobile radio service provider licensed by the Federal Communications Commission.
Application and Order

Sec. 2.  (a)  A prosecutor with jurisdiction in a county within a judicial district described by this subsection may file an application for the installation and use of a pen register, ESN reader, trap and trace device, or similar equipment that combines the function of a pen register and a trap and trace device with a district judge in the judicial district.  The judicial district must be a district in which is located:
(1) the site of the proposed installation or use of the device or equipment;
(2) the site of the communication device on which the device or equipment is proposed to be installed or used;
(3) the billing, residential, or business address of the subscriber to the electronic communications service on which the device or equipment is proposed to be installed or used;
(4) the headquarters of:
(A) the office of the prosecutor filing an application under this section;  or
(B) a law enforcement agency that requests the prosecutor to file an application under this section or that proposes to execute an order authorizing installation and use of the device or equipment;  or
(5) the headquarters of a service provider ordered to install the device or equipment.
(b)  A prosecutor may file an application under this section or under federal law on the prosecutor's own motion or on the request of an authorized peace officer, regardless of whether the officer is commissioned by the department.  A prosecutor who files an application on the prosecutor's own motion or who files an application for the installation and use of a pen register, ESN reader, or similar equipment on the request of an authorized peace officer not commissioned by the department, other than an authorized peace officer employed by a designated law enforcement agency, must make the application personally and may not do so through an assistant or some other person acting on the prosecutor's behalf.  A prosecutor may make an application through an assistant or other person acting on the prosecutor's behalf if the prosecutor files an application for the installation and use of:
(1)  a pen register, ESN reader, or similar equipment on the request of:
(A)  an authorized peace officer who is commissioned by the department; or
(B)  an authorized peace officer of a designated law enforcement agency; or
(2)  a trap and trace device or similar equipment on the request of an authorized peace officer, regardless of whether the officer is commissioned by the department.
(c) The application must:
(1) be made in writing under oath;
(2) include the name of the subscriber and the telephone number and location of the communication device on which the pen register, ESN reader, trap and trace device, or similar equipment will be used, to the extent that information is known or is reasonably ascertainable;  and
(3) state that the installation and use of the device or equipment will likely produce information that is material to an ongoing criminal investigation.
(d)  On presentation of the application, the judge may order the installation and use of the pen register, ESN reader, or similar equipment by an authorized peace officer commissioned by the department or an authorized peace officer of a designated law enforcement agency, and, on request of the applicant, the judge shall direct in the order that a communication common carrier or a provider of electronic communications service furnish all information, facilities, and technical assistance necessary to facilitate the installation and use of the device or equipment by the department or designated law enforcement agency unobtrusively and with a minimum of interference to the services provided by the carrier or service.  The carrier or service is entitled to compensation at the prevailing rates for the facilities and assistance provided to the department or a designated law enforcement agency.
(e) On presentation of the application, the judge may order the installation and use of the trap and trace device or similar equipment by the communication common carrier or other person on the appropriate line.  The judge may direct the communication common carrier or other person, including any landlord or other custodian of equipment, to furnish all information, facilities, and technical assistance necessary to install or use the device or equipment unobtrusively and with a minimum of interference to the services provided by the communication common carrier, landlord, custodian, or other person.  Unless otherwise ordered by the court, the results of the trap and trace device or similar equipment shall be furnished to the applicant, designated by the court, at reasonable intervals during regular business hours, for the duration of the order.  The carrier is entitled to compensation at the prevailing rates for the facilities and assistance provided to the law enforcement agency.
(f) Except as otherwise provided by this subsection, an order for the installation and use of a device or equipment under this section is valid for not more than 60 days after the earlier of the date the device or equipment is installed or the 10th day after the date the order is entered, unless the prosecutor applies for and obtains from the court an extension of the order before the order expires.  The period of extension may not exceed 60 days for each extension granted, except that with the consent of the subscriber or customer of the service on which the device or equipment is used, the court may extend an order for a period not to exceed one year.
(g) The district court shall seal an application and order granted under this article.
(h) A peace officer is not required to file an application or obtain an order under this section before the officer makes an otherwise lawful search, with or without a warrant, to determine the contents of a caller identification message, pager message, or voice message that is contained within the memory of an end-user's identification, paging, or answering device.
(i)  A peace officer of a designated law enforcement agency is authorized to possess, install, operate, or monitor a pen register, ESN reader, or similar equipment if the officer's name is on the list submitted to the director of the department under Subsection (k).
(j)  Each designated law enforcement agency shall:
(1)  adopt a written policy governing the application of this article to the agency; and
(2)  submit the policy to the director of the department, or the director's designee, for approval.
(k)  If the director of the department or the director's designee approves the policy submitted under Subsection (j), the sheriff or chief of a designated law enforcement agency, as applicable, or the sheriff's or chief's designee, shall submit to the director a written list of all officers in the agency who are authorized to possess, install, monitor, or operate pen registers, ESN readers, or similar equipment.
(l)  The department may conduct an audit of a designated law enforcement agency to ensure compliance with this article.  If the department determines from the audit that the designated law enforcement agency is not in compliance with the policy adopted by the agency under Subsection (j), the department shall notify the agency in writing that it is not in compliance.  If the department determines that the agency still is not in compliance with the policy 90 days after the date the agency receives written notice under this subsection, the agency loses the authority granted by this article until:
(1)  the agency adopts a new written policy governing the application of this article to the agency; and
(2)  the department approves the written policy.
(m)  The sheriff or chief of a designated law enforcement agency shall submit to the director of the department a written report of expenditures made by the designated law enforcement agency for the purchase and maintenance of a pen register, ESN reader, or similar equipment, authorized pursuant to Subsection (i).  The director of the department shall report such expenditures publicly on an annual basis via the department's website, or other comparable means.
Emergency Installation and Use Of Pen Register Or Trap and Trace Device

Sec. 3.  (a)  A peace officer authorized to possess, install, operate, or monitor a device under Section 8A, Article 18.20, may install and use a pen register or trap and trace device if the officer:
(1) reasonably believes an immediate life-threatening situation exists that:
(A) is within the territorial jurisdiction of the officer or another officer the officer is assisting;  and
(B) requires the installation of a pen register or trap and trace device before an order authorizing the installation and use can, with due diligence, be obtained under this article;  and
(2) reasonably believes there are sufficient grounds under this article on which to obtain an order authorizing the installation and use of a pen register or trap and trace device.
(b) If an officer installs or uses a pen register or trap and trace device under Subsection (a), the officer shall:
(1) promptly report the installation or use to the prosecutor in the county in which the device is installed or used;  and
(2) within 48 hours after the installation is complete or the use of the device begins, whichever occurs first, obtain an order under Section 2 authorizing the installation and use.
(c) A judge may issue an order authorizing the installation and use of a device under this section during the 48-hour period prescribed by Subsection (b)(2).  If an order is denied or is not issued within the 48-hour period, the officer shall terminate use of and remove the pen register or the trap and trace device promptly on the earlier of the denial or the expiration of 48 hours.
(d) The state may not use as evidence in a criminal proceeding any information gained through the use of a pen register or trap and trace device installed under this section if an authorized peace officer does not apply for or applies for but does not obtain authorization for the pen register or trap and trace device.
Requirements for government access to stored communications

Sec. 4.  (a)  An authorized peace officer may require a provider of electronic communications service to disclose the contents of a wire communication or an electronic communication that has been in electronic storage for not longer than 180 days by obtaining a warrant.
(b)  An authorized peace officer may require a provider of electronic communications service to disclose the contents of a wire communication or an electronic communication that has been in electronic storage for longer than 180 days:
(1)  if notice is not being given to the subscriber or customer, by obtaining a warrant;
(2)  if notice is being given to the subscriber or customer, by obtaining:
(A)  an administrative subpoena authorized by statute;
(B)  a grand jury subpoena; or
(C)  a court order issued under Section 5 of this article; or
(3)  as otherwise permitted by applicable federal law.
(c)(1)  An authorized peace officer may require a provider of a remote computing service to disclose the contents of a wire communication or an electronic communication as described in Subdivision (2) of this subsection:
(A)  if notice is not being given to the subscriber or customer, by obtaining a warrant issued under this code;
(B)  if notice is being given to the subscriber or customer, by:
(i)  an administrative subpoena authorized by statute;
(ii)  a grand jury subpoena; or
(iii)  a court order issued under Section 5 of this article; or
(C)  as otherwise permitted by applicable federal law.
(2)  Subdivision (1) of this subsection applies only to a wire communication or an electronic communication that is in electronic storage:
(A)  on behalf of a subscriber or customer of the service and is received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from the subscriber or customer; and
(B)  solely for the purpose of providing storage or computer processing services to the subscriber or customer if the provider of the service is not authorized to obtain access to the contents of those communications for purposes of providing any service other than storage or computer processing.
(d) An authorized peace officer may require a provider of remote computing service to disclose records or other information pertaining to a subscriber or customer of the service, other than communications described in Subsection (c) of this section, without giving the subscriber or customer notice:
(1) by obtaining an administrative subpoena authorized by statute;
(2) by obtaining a grand jury subpoena;
(3) by obtaining a warrant;
(4) by obtaining the consent of the subscriber or customer to the disclosure of the records or information;
(5) by obtaining a court order under Section 5 of this article;  or
(6) as otherwise permitted by applicable federal law.
(e) A provider of telephonic communications service shall disclose to an authorized peace officer, without any form of legal process, subscriber listing information, including name, address, and telephone number or similar access code that:
(1) the service provides to others in the course of providing publicly available directory or similar assistance;  or
(2) is solely for use in the dispatch of emergency vehicles and personnel responding to a distress call directed to an emergency dispatch system or when the information is reasonably necessary to aid in the dispatching of emergency vehicles and personnel for the immediate prevention of death, personal injury, or destruction of property.
(f) A provider of telephonic communications service shall provide an authorized peace officer with the name of the subscriber of record whose published telephone number is provided to the service by an authorized peace officer.
Court order to obtain access to stored communications

Sec. 5.  (a)  A court shall issue an order authorizing disclosure of contents, records, or other information of a wire or electronic communication held in electronic storage if the court determines that there is reasonable belief that the information sought is relevant to a legitimate law enforcement inquiry.
(b) A court may grant a motion by the service provider to quash or modify the order issued under Subsection (a) of this section if the court determines that the information or records requested are unusually voluminous in nature or that compliance with the order would cause an undue burden on the provider.
Backup preservation

Sec. 6.  (a)  A subpoena or court order for disclosure of the contents of an electronic communication in a remote computing service under Section 4(c) of this article may require that the service provider to whom the request is directed create a copy of the contents of the electronic communications sought by the subpoena or court order for the purpose of preserving those contents.  The service provider may not inform the subscriber or customer whose communications are being sought that the subpoena or court order has been issued.  The service provider shall create the copy not later than two business days after the date of the receipt by the service provider of the subpoena or court order.
(b) The service provider shall immediately notify the authorized peace officer who presented the subpoena or court order requesting the copy when the copy has been created.
(c) Except as provided by Section 7 of this article, the authorized peace officer shall notify the subscriber or customer whose communications are the subject of the subpoena or court order of the creation of the copy not later than three days after the date of the receipt of the notification from the service provider that the copy was created.
(d) The service provider shall release the copy to the requesting authorized peace officer not earlier than the 14th day after the date of the peace officer's notice to the subscriber or customer if the service provider has not:
(1) initiated proceedings to challenge the request of the peace officer for the copy;  or
(2) received notice from the subscriber or customer that the subscriber or customer has initiated proceedings to challenge the request.
(e) The service provider may not destroy or permit the destruction of the copy until the information has been delivered to the law enforcement agency or until the resolution of any court proceedings, including appeals of any proceedings, relating to the subpoena or court order requesting the creation of the copy, whichever occurs last.
(f) An authorized peace officer who reasonably believes that notification to the subscriber or customer of the subpoena or court order would result in the destruction of or tampering with information sought may request the creation of a copy of the information.  The peace officer's belief is not subject to challenge by the subscriber or customer or service provider.
(g)(1) A subscriber or customer who receives notification as described in Subsection (c) of this section may file a written motion to quash the subpoena or vacate the court order in the court that issued the subpoena or court order not later than the 14th day after the date of the receipt of the notice.  The motion must contain an affidavit or sworn statement stating that:
(A) the applicant is a subscriber or customer of the service from which the contents of electronic communications stored for the subscriber or customer have been sought;  and
(B) the applicant's reasons for believing that the information sought is not relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this article in some other respect.
(2) The subscriber or customer shall give written notice to the service provider of the challenge to the subpoena or court order.  The authorized peace officer or law enforcement agency requesting the subpoena or court order shall be served a copy of the papers filed by personal delivery or by registered or certified mail.
(h)(1) The court shall order the authorized peace officer to file a sworn response to the motion filed by the subscriber or customer if the court determines that the subscriber or customer has complied with the requirements of Subsection (g) of this section.  On request of the peace officer, the court may permit the response to be filed in camera.  The court may conduct any additional proceedings the court considers appropriate if the court is unable to make a determination on the motion on the basis of the parties' initial allegations and response.
(2) The court shall rule on the motion as soon after the filing of the officer's response as practicable.  The court shall deny the motion if the court finds that the applicant is not the subscriber or customer whose stored communications are the subject of the subpoena or court order or that there is reason to believe that the peace officer's inquiry is legitimate and that the communications sought are relevant to that inquiry.  The court shall quash the subpoena or vacate the order if the court finds that the applicant is the subscriber or customer whose stored communications are the subject of the subpoena or court order and that there is not a reason to believe that the communications sought are relevant to a legitimate law enforcement inquiry or that there has not been substantial compliance with the provisions of this article.
(3) A court order denying a motion or application under this section is not a final order and no interlocutory appeal may be taken from the denial.
Delay of notification

Sec. 7.  (a)  An authorized peace officer seeking a court order to obtain information under Section 4 of this article may include a request for an order delaying the notification required under Section 4 of this article for a period not to exceed 90 days.  The court shall grant the request if the court determines that there is reason to believe that notification of the existence of the court order may have an adverse result, as described in Subsection (c) of this section.
(b)  An authorized peace officer who has obtained a subpoena authorized by statute or a grand jury subpoena to seek information under Section 4 of this article may delay the notification required under that section for a period not to exceed 90 days on the execution of a written certification of a supervisory official that there is reason to believe that notification of the existence of the subpoena may have an adverse result as described in Subsection (c) of this section.  The peace officer shall maintain a true copy of the certification.
(c) In this section an "adverse result" means:
(1) endangering the life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of a potential witness;  or
(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(d) A court may grant one or more extensions of the delay of notification provided by this section of up to 90 days on request or by certification by a supervisory official if the original requirements under Subsection (a) or (b) of this section are met for each extension.
(e) When the delay of notification under this section expires, the authorized peace officer shall serve, by personal delivery or registered or certified mail, the subscriber or customer a copy of the process or request together with notice that:
(1) states with reasonable specificity the nature of the law enforcement inquiry;  and
(2) informs the subscriber or customer:
(A) that information stored for the subscriber or customer by the service provider named in the process or request was supplied to or requested by the peace officer and the date on which the information was supplied or requested;
(B) that notification to the subscriber or customer was delayed;
(C) of the name of the supervisory official who made the certification or the court that granted the request for the delay of notification;  and
(D) of which provision of this article permitted the delay of notification.
Preclusion of notification

Sec. 8. When an authorized peace officer seeking information under Section 4 of this article is not required to give notice to the subscriber or customer or is delaying notification under Section 7 of this article, the peace officer may apply to the court for an order commanding the service provider to whom a warrant, subpoena, or court order is directed not to disclose to any other person the existence of the warrant, subpoena, or court order.  The order is effective for the period the court considers appropriate.  The court shall enter the order if the court determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will have an adverse result as described in Section 7(c) of this article.
Reimbursement of costs

Sec. 9.  (a)  Except as provided by Subsection (c) of this section, an authorized peace officer who obtains information under this article shall reimburse the person assembling or providing the information for all costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the information.  These costs include costs arising from necessary disruption of normal operations of an electronic communications service or remote computing service in which the information may be stored.
(b) The authorized peace officer and the person providing the information may agree on the amount of reimbursement.  If there is no agreement, the court that issued the order for production of the information shall determine the amount.  If no court order was issued for production of the information, the court before which the criminal prosecution relating to the information would be brought shall determine the amount.
(c) Subsection (a) of this section does not apply to records or other information maintained by a communications common carrier that relate to telephone toll records or telephone listings obtained under Section 4(e) of this article unless the court determines that the amount of information required was unusually voluminous or that an undue burden was imposed on the provider.
No cause of action

Sec. 10. A subscriber or customer of a wire or electronic communications or remote computing service does not have a cause of action against a wire or electronic communications or remote computing service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance as required by a court order, warrant, subpoena, or certification under this article.
Disclosure of stored communications

Sec. 11.  (a)  Except as provided by Subsection (c) of this section, a provider of an electronic communications service may not knowingly divulge the contents of a communication that is in electronic storage.
(b) Except as provided by Subsection (c) of this section, a provider of remote computing service may not knowingly divulge the contents of any communication that is:
(1) in electronic storage;
(2) stored on behalf of a subscriber or customer of the service and is received by means of electronic transmission from or created by means of computer processing of communications received by means of electronic transmission from the subscriber or customer;  and
(3) solely for the purpose of providing storage or computer processing services to the subscriber or customer if the provider of the service is not authorized to obtain access to the contents of those communications for purposes of providing any service other than storage or computer processing.
(c) A provider of an electronic communications or remote computing service may divulge the contents of an electronically stored communication:
(1) to an intended recipient of the communication or that person's agent;
(2) to the addressee or that person's agent;
(3) with the consent of the originator, to the addressee or the intended recipient of the communication, or the subscriber of a remote computing service;
(4) to a person whose facilities are used to transmit the communication to its destination or the person's employee or authorized representative;
(5) as may be necessary to provide the service or to protect the property or rights of the provider of the service;
(6) to a law enforcement agency if the contents were obtained inadvertently by the service provider and the contents appear to pertain to the commission of a crime;  or
(7) as authorized under federal or other state law.
Cause of action

Sec. 12.  (a)  Except as provided by Section 10 of this article, a provider of electronic communications service or subscriber or customer of an electronic communications service aggrieved by a violation of this article has a civil cause of action if the conduct constituting the violation was committed knowingly or intentionally and is entitled to:
(1) injunctive relief;
(2) a reasonable attorney's fee and other litigation costs reasonably incurred;  and
(3) the sum of the actual damages suffered and any profits made by the violator as a result of the violation or $1,000, whichever is more.
(b) The reliance in good faith on a court order, warrant, subpoena, or legislative authorization is a complete defense to any civil action brought under this article.
(c) A civil action under this section may be presented within two years after the date the claimant first discovered or had reasonable opportunity to discover the violation, and not afterward.
Exclusivity of remedies

Sec. 13. The remedies and sanctions described in this article are the exclusive judicial remedies and sanctions for a violation of this article other than a violation that infringes on a right of a party guaranteed by a state or federal constitution.
Mobile tracking devices

Sec. 14.  (a)  A district judge may issue an order for the installation and use of a mobile tracking device in the same judicial district as the site of:
(1)  the investigation; or
(2)  the person, vehicle, container, item, or object the movement of which will be tracked by the mobile tracking device.
(b) The order may authorize the use of a mobile tracking device outside the judicial district but within the state, if the device is installed within the district.
(c) A district judge may issue the order only on the application of an authorized peace officer.  An application must be written and signed and sworn to or affirmed before the judge.  The affidavit must:
(1) state the name, department, agency, and address of the applicant;
(2) identify the vehicle, container, or item to which, in which, or on which the mobile tracking device is to be attached, placed, or otherwise installed;
(3) state the name of the owner or possessor of the vehicle, container, or item described in Subdivision (2);
(4) state the judicial jurisdictional area in which the vehicle, container, or item described in Subdivision (2) is expected to be found;  and
(5) state the facts and circumstances that provide the applicant with a reasonable suspicion that:
(A) criminal activity has been, is, or will be committed;  and
(B) the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of the criminal activity described in Paragraph (A).
(d) Within 72 hours after the time the mobile tracking device was activated in place on or within the vehicle, container, or item, the applicant shall notify in writing the judge who issued an order under this section.
(e) An order under this section expires not later than the 90th day after the date that the device has been activated in place on or within the vehicle, container, or item.  For good cause shown, the judge may grant an extension for an additional 90-day period.
(f) The applicant shall remove or cause to be removed a mobile tracking device as soon as is practicable after the authorization period expires.  If removal is not practicable, monitoring of the device shall cease on expiration of the authorization order.
(g) This section does not apply to a global positioning or similar device installed in or on an item of property by the owner or with the consent of the owner of the property.  A device described by this subsection may be monitored by a private entity in an emergency.
Sec. 15.  SUBPOENA AUTHORITY.  (a)  The director of the department, the director's designee, or the sheriff or chief of a designated law enforcement agency, or the sheriff's or chief's designee, may issue an administrative subpoena to a communications common carrier or an electronic communications service to compel the production of the carrier's or service's business records that:
(1)  disclose information about:
(A)  the carrier's or service's customers; or
(B)  users of the services offered by the carrier or service; and
(2)  are material to a criminal investigation.
(b)  Not later than the 30th day after the date on which the administrative subpoena is issued under Subsection (a), the sheriff or chief of a designated law enforcement agency shall report the issuance of the subpoena to the department.
(c)  If, based on reports received under Subsection (b), the department determines that a designated law enforcement agency is not in compliance with the policy adopted by the agency under Section 2(j), the department shall notify the agency in writing that it is not in compliance.  If the department determines that the agency still is not in compliance with the policy 90 days after the date the agency receives written notice under this subsection, the agency loses the authority granted by this article until:
(1)  the agency adopts a new written policy governing the application of this article to the agency; and
(2)  the department approves the written policy.
Limitation

Sec. 16. A governmental agency authorized to install and use a pen register under this article or other law must use reasonably available technology to only record and decode electronic or other impulses used to identify the numbers dialed, routed, addressed, or otherwise processed or transmitted by a wire or electronic communication so as to not include the contents of the communication.
  
Added by Acts 1985, 69th Leg., ch. 587, Sec. 5, eff. Aug. 26, 1985.  Amended by Acts 1989, 71st Leg., ch. 958, Sec. 1, eff. Sept. 1, 1989.  Sec. 1(14) amended by Acts 1993, 73rd Leg., ch. 659, Sec. 2, eff. Sept. 1, 1993;  amended by Acts 1995, 74th Leg., ch. 170, Sec. 1, eff. Aug. 28, 1995;  Sec. 2(f) amended by Acts 1995, 74th Leg., ch. 318, Sec. 47, eff. Sept. 1, 1995;  Sec. 1 amended by Acts 1997, 75th Leg., ch. 1051, Sec. 5, eff. Sept. 1, 1997;  Sec. 1(2)(H) amended by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(40), eff. Sept. 1, 1997;  Sec. 2(f) amended by Acts 1997, 75th Leg., ch. 1051, Sec. 6, eff. Sept. 1, 1997;  Sec. 3 amended by Acts 1997, 75th Leg., ch. 1051, Sec. 7, eff. Sept. 1, 1997;  Sec. 16 added by Acts 1997, 75th Leg., ch. 1051, Sec. 8, eff. Sept. 1, 1997;  Sec. 1(7) amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.20, eff. Sept. 1, 1999;  Sec. 1(1) amended by and Sec. 1(8), (9) added by Acts 2001, 77th Leg., ch. 1270, Sec. 7, eff. Sept. 1, 2001;  Sec. 2 amended by Acts 2001, 77th Leg., ch. 1270, Sec. 8, eff. Sept. 1, 2001;  Sec. 3 amended by Acts 2001, 77th Leg., ch. 1270, Sec. 9, eff. Sept. 1, 2001;  Sec. 14(g) added by Acts 2001, 77th Leg., ch. 1270, Sec. 10, eff. Sept. 1, 2001;  Sec. 1 amended by Acts 2003, 78th Leg., ch. 678, Sec. 8, eff. Sept. 1, 2003;  Sec. 2(b), (c) amended by Acts 2003, 78th Leg., ch. 678, Sec. 9, eff. Sept. 1, 2003;  Sec. 14(a)-(f) amended by Acts 2003, 78th Leg., ch. 678, Sec. 10, eff. Sept. 1, 2003;  Sec. 16 amended by Acts 2003, 78th Leg., ch. 678, Sec. 11, eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 186, Sec. 2, eff. May 23, 2007.
Acts 2007, 80th Leg., R.S., Ch. 186, Sec. 3, eff. May 23, 2007.
Acts 2007, 80th Leg., R.S., Ch. 186, Sec. 4, eff. May 23, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1237, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1237, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1237, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1237, Sec. 5, eff. September 1, 2009.
    
Art. 18.22. TESTING FOR COMMUNICABLE DISEASES FOLLOWING CERTAIN ARRESTS.  (a)  A person who is arrested for a misdemeanor or felony and who during the commission of that offense or an arrest following the commission of that offense causes a peace officer to come into contact with the person's bodily fluids shall, at the direction of the court having jurisdiction over the arrested person, undergo a medical procedure or test designed to show or help show whether the person has a communicable disease.  The court may direct the person to undergo the procedure or test on its own motion or on the request of the peace officer.  If the person refuses to submit voluntarily to the procedure or test, the court shall require the person to submit to the procedure or test.  Notwithstanding any other law, the person performing the procedure or test shall make the test results available to the local health authority, and the local health authority shall notify the peace officer of the test result.  The state may not use the fact that a medical procedure or test was performed on a person under this article, or use the results of the procedure or test, in any criminal proceeding arising out of the alleged offense.
(b) Testing under this article shall be conducted in accordance with written infectious disease control protocols adopted by the Texas Board of Health that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the arrested person and the peace officer.
(c) Nothing in this article authorizes a court to release a test result to a person other than a person specifically authorized by this article, and Section 81.103(d), Health and Safety Code, does not authorize that disclosure.
  
Added by Acts 2001, 77th Leg., ch. 1480, Sec. 2, eff. Sept. 1, 2001;  Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1250, Sec. 1, eff. Sept. 1, 2003.
    
Art. 18.23.  EXPENSES FOR MOTOR VEHICLE TOWED AND STORED FOR CERTAIN PURPOSES.  (a)  A law enforcement agency that directs the towing and storage of a motor vehicle for an evidentiary or examination purpose shall pay the cost of the towing and storage.
(b)  Subsection (a)  applies whether the motor vehicle is taken to or stored on property that is:
(1)  owned or operated by the law enforcement agency; or
(2)  owned or operated by another person who provides storage services to the law enforcement agency, including:
(A)  a governmental entity; and
(B)  a vehicle storage facility, as defined by Section 2303.002, Occupations Code.
(c)  Subsection (a)  does not require a law enforcement agency to pay the cost of:
(1)  towing or storing a motor vehicle for a purpose that is not an evidentiary or examination purpose, including towing or storing a vehicle that has been abandoned, illegally parked, in an accident, or recovered after being stolen; or
(2)  storing a motor vehicle after the date the law enforcement agency authorizes the owner or operator of the property to which the vehicle was taken or on which the vehicle is stored to release the vehicle to the vehicle's owner.
(d)  This subsection applies only to a motor vehicle taken to or stored on property described by Subsection (b)(2).  After a law enforcement agency authorizes the release of a motor vehicle held for an evidentiary or examination purpose, the owner or operator of the storage property may not refuse to release the vehicle to the vehicle's owner because the law enforcement agency has not paid the cost of the towing and storage.
(e)  Subchapter J, Chapter 2308, Occupations Code, does not apply to a motor vehicle directed by a law enforcement agency to be towed and stored for an evidentiary or examination purpose.
  
Added by Acts 2005, 79th Leg., Ch. 1197, Sec. 1, eff. September 1, 2005.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 3.01, eff. September 1, 2007.
      					  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 19. ORGANIZATION OF THE GRAND JURY

Art. 19.01. APPOINTMENT OF JURY COMMISSIONERS;  SELECTION WITHOUT JURY COMMISSION.  (a)  The district judge, at or during any term of court, shall appoint not less than three, nor more than five persons to perform the duties of jury commissioners, and shall cause the sheriff to notify them of their appointment, and when and where they are to appear.  The district judge shall, in the order appointing such commissioners, designate whether such commissioners shall serve during the term at which selected or for the next succeeding term.  Such commissioners shall receive as compensation for each day or part thereof they may serve the sum of Ten Dollars, and they shall possess the following qualifications:
1. Be intelligent citizens of the county and able to read and write the English language;
2. Be qualified jurors in the county;
3. Have no suit in said court which requires intervention of a jury;
4. Be residents of different portions of the county;  and
5. The same person shall not act as jury commissioner more than once in any 12-month period.
(b) In lieu of the selection of prospective jurors by means of a jury commission, the district judge may direct that 20 to 125 prospective grand jurors be selected and summoned, with return on summons, in the same manner as for the selection and summons of panels for the trial of civil cases in the district courts.  The judge shall try the qualifications for and excuses from service as a grand juror and impanel the completed grand jury in the same manner as provided for grand jurors selected by a jury commission.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 905, ch. 131, Sec. 1, eff. May 10, 1971.
      
Amended by Acts 1979, 66th Leg., p. 393, ch. 184, Sec. 1, eff. Sept. 1, 1979.  Subsec. (b) amended by Acts 1983, 68th Leg., p. 2983, ch. 514, Sec. 1, eff. June 19, 1983;  Subsec. (a) amended by Acts 1991, 72nd Leg., ch. 67, Sec. 1, eff. Sept. 1, 1991;  Subsec. (b) amended by Acts 2001, 77th Leg., ch. 344, Sec. 1, eff. Sept. 1, 2001.
    
Art. 19.02. NOTIFIED OF APPOINTMENT.  The judge shall cause the proper officer to notify such appointees of such appointment, and when and where they are to appear.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.03. OATH OF COMMISSIONERS.  When the appointees appear before the judge, he shall administer to them the following oath:  "You do swear faithfully to discharge the duties required of you as jury commissioners;  that you will not knowingly elect any man as juryman whom you believe to be unfit and not qualified;  that you will not make known to any one the name of any juryman selected by you and reported to the court;  that you will not, directly or indirectly, converse with any one selected by you as a juryman concerning the merits of any case to be tried at the next term of this court, until after said cause may be tried or continued, or the jury discharged".
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.04. INSTRUCTED.  The jury commissioners, after they have been organized and sworn, shall be instructed by the judge in their duties and shall then retire in charge of the sheriff to a suitable room to be secured by the sheriff for that purpose.  The clerk shall furnish them the necessary stationery, the names of those appearing from the records of the court to be exempt or disqualified from serving on the jury at each term, and the last assessment roll of the county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.05. KEPT FREE FROM INTRUSION.  The jury commissioners shall be kept free from the intrusion of any person during their session, and shall not separate without leave of the court until they complete their duties.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.06.  SHALL SELECT GRAND JURORS.  The jury commissioners shall select not less than 15 nor more than 40 persons from the citizens of the county to be summoned as grand jurors for the next term of court, or the term of court for which said commissioners were selected to serve, as directed in the order of the court selecting the commissioners.  The commissioners shall, to the extent possible, select grand jurors who the commissioners determine represent a broad cross-section of the population of the county, considering the factors of race, sex, and age.  A commissioner is not qualified to be selected for or to serve as a grand juror during the term of court for which the commissioner is serving as a commissioner.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1158, ch. 515, Sec. 1, eff. Aug. 28, 1967.
      
Amended by Acts 1979, 66th Leg., p. 394, ch. 184, Sec. 4, eff. Sept. 1, 1979;  Acts 2001, 77th Leg., ch. 344, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 801, Sec. 1, eff. September 1, 2005.
    
Art. 19.07. EXTENSION BEYOND TERM OF PERIOD FOR WHICH GRAND JURORS SHALL SIT.  If prior to the expiration of the term for which the grand jury was impaneled, it is made to appear by a declaration of the foreman or of a majority of the grand jurors in open court, that the investigation by the grand jury of the matters before it cannot be concluded before the expiration of the term, the judge of the district court in which said grand jury was impaneled may, by the entry of an order on the minutes of said court, extend, from time to time, for the purpose of concluding the investigation of matters then before it, the period during which said grand jury shall sit, for not to exceed a total of ninety days after the expiration of the term for which it was impaneled, and all indictments pertaining thereto returned by the grand jury within said extended period shall be as valid as if returned before the expiration of the term.  The extension of the term of a grand jury under this article does not affect the provisions of Article 19.06 relating to the selection and summoning of grand jurors for each regularly scheduled term.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.08.  QUALIFICATIONS.  No person shall be selected or serve as a grand juror who does not possess the following qualifications:
1.  The person must be a citizen of the state, and of the county in which the person is to serve, and be qualified under the Constitution and laws to vote in said county, provided that the person's failure to register to vote shall not be held to disqualify the person in this instance;
2.  The person must be of sound mind and good moral character;
3.  The person must be able to read and write;
4.  The person must not have been convicted of misdemeanor theft or a felony;
5.  The person must not be under indictment or other legal accusation for misdemeanor theft or a felony;
6.  The person must not be related within the third degree of consanguinity or second degree of affinity, as determined under Chapter 573, Government Code, to any person selected to serve or serving on the same grand jury;
7.  The person must not have served as grand juror or jury commissioner in the year before the date on which the term of court for which the person has been selected as grand juror begins;
8.  The person must not be a complainant in any matter to be heard by the grand jury during the term of court for which the person has been selected as a grand juror.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 5, eff. Sept. 1, 1969.
      
Amended by Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 5, eff. Aug. 31, 1981;  Acts 1989, 71st Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 561, Sec. 8, eff. Aug. 26, 1991;  Subsec. 6 amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1177, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2005, 79th Leg., Ch. 801, Sec. 2, eff. September 1, 2005.
    
Art. 19.09. NAMES RETURNED.  The names of those selected as grand jurors by the commissioners shall be written upon a paper;  and the fact that they were so selected shall be certified and signed by the jury commissioners, who shall place said paper, so certified and signed, in an envelope, and seal the same, and endorse thereon the words, "The list of grand jurors selected at  . . . . . .  term of the district court", the blank being for the month and year in which the term of the court began its session.  The commissioners shall write their names across the seal of said envelope, direct the same to the district judge and deliver it to him in open court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.10.  LIST TO CLERK.  The judge shall deliver the envelope containing the list of grand jurors to the clerk or one of his deputies in open court without opening the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.11. OATH TO CLERK.  Before the list of grand jurors is delivered to the clerk, the judge shall administer to the clerk and each of his deputies in open court the following oath:  "You do swear that you will not open the jury lists now delivered you, nor permit them to be opened until the time prescribed by law;  that you will not, directly or indirectly, converse with any one selected as a juror concerning any case or proceeding which may come before such juror for trial in this court at its next term".
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.12. DEPUTY CLERK SWORN.  Should the clerk subsequently appoint a deputy, such clerk shall administer to him the same oath, at the time of such appointment.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.13. CLERK SHALL OPEN LISTS.  The grand jury may be convened on the first or any subsequent day of the term.  The judge shall designate the day on which the grand jury is to be impaneled and notify the clerk of such date;  and within thirty days of such date, and not before, the clerk shall open the envelope containing the list of grand jurors, make out a copy of the names of those selected as grand jurors, certify to it under his official seal, note thereon the day for which they are to be summoned, and deliver it to the sheriff.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.14. SUMMONING.  The sheriff shall summon the persons named in the list at least three days, exclusive of the day of service, prior to the day on which the grand jury is to be impaneled, by giving personal notice to each juror of the time and place when and where he is to attend as a grand juror, or by leaving at his place of residence with a member of his family over sixteen years old, a written notice to such juror that he has been selected as a grand juror, and the time and place when and where he is to attend;  or the judge, at his election, may direct the sheriff to summon the grand jurors by registered or certified mail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 5, eff. Sept. 1, 1993.
    
Art. 19.15. RETURN OF OFFICER.  The officer executing such summons shall return the list on the day on which the grand jury is to be impaneled, with a certificate thereon of the date and manner of service upon each juror.  If any of said jurors have not been summoned, he shall also state in his certificate the reason why they have not been summoned.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.16.  ABSENT JUROR FINED.  A juror legally summoned, failing to attend without a reasonable excuse, may, by order of the court entered on the record, be fined not less than $100 nor more than $500.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 640, Sec. 2, eff. September 1, 2009.
    
Art. 19.17. FAILURE TO SELECT.  If for any reason a grand jury shall not be selected or summoned prior to the commencement of any term of court, or when none of those summoned shall attend, the district judge may at any time after the commencement of the term, in his discretion, direct a writ to be issued to the sheriff commanding him to summon a jury commission, selected by the court, which commission shall select not more than 40 persons, as provided by law, who shall serve as grand jurors.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 2001, 77th Leg., ch. 344, Sec. 2, eff. Sept. 1, 2001.
    
Art. 19.18. IF LESS THAN FOURTEEN ATTEND.  When less than fourteen of those summoned to serve as grand jurors are found to be in attendance and qualified to so serve, the court shall order the sheriff to summon such additional number of persons as may be deemed necessary to constitute a grand jury of twelve persons and two alternates.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1999.
    
Art. 19.19. JURORS TO ATTEND FORTHWITH.  The jurors provided for in the two preceding Articles shall be summoned in person to attend before the court forthwith.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.20. TO SUMMON QUALIFIED PERSONS.  Upon directing the sheriff to summon grand jurors not selected by the jury commissioners, the court shall instruct him that he must summon no person to serve as a grand juror who does not possess the qualifications prescribed by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.21. TO TEST QUALIFICATIONS.  When as many as fourteen persons summoned to serve as grand jurors are in attendance upon the court, it shall proceed to test their qualifications as such.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 2, eff. Sept. 1, 1999.
    
Art. 19.22. INTERROGATED.  Each person who is presented to serve as a grand juror shall, before being impaneled, be interrogated on oath by the court or under his direction, touching his qualifications.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.23. MODE OF TEST.  In trying the qualifications of any person to serve as a grand juror, he shall be asked:
1. Are you a citizen of this state and county, and qualified to vote in this county, under the Constitution and laws of this state?
2. Are you able to read and write?
3. Have you ever been convicted of a felony?
4. Are you under indictment or other legal accusation for theft or for any felony?
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 6, eff. Sept. 1, 1969.
    
Art. 19.24. QUALIFIED JUROR ACCEPTED.  When, by the answer of the person, it appears to the court that he is a qualified juror, he shall be accepted as such, unless it be shown that he is not of sound mind or of good moral character, or unless it be shown that he is in fact not qualified to serve as a grand juror.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.25. EXCUSES FROM SERVICE.  Any person summoned who does not possess the requisite qualifications shall be excused by the court from serving.  The following qualified persons may be excused from grand jury service:
(1) a person older than 70 years;
(2) a person responsible for the care of a child younger than 18 years;
(3) a student of a public or private secondary school;
(4) a person enrolled and in actual attendance at an institution of higher education;  and
(5) any other person that the court determines has a reasonable excuse from service.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 393, ch. 184, Sec. 2, eff. Sept. 1, 1979;  Acts 1999, 76th Leg., ch. 1177, Sec. 2, eff. Sept. 1, 1999.
    
Art. 19.26. JURY IMPANELED.  (a)  When fourteen qualified jurors are found to be present, the court shall proceed to impanel the grand jury, unless a challenge is made, which may be to the array or to any particular person presented to serve as a grand juror or an alternate.
(b) The grand jury is composed of not more than twelve qualified jurors.  In addition, the court shall qualify and impanel not more than two alternates to serve on disqualification or unavailability of a juror during the term of the grand jury.  On learning that a grand juror has become disqualified or unavailable during the term of the grand jury, the attorney representing the state shall prepare an order for the court identifying the disqualified or unavailable juror, stating the basis for the disqualification or unavailability, dismissing the disqualified or unavailable juror from the grand jury, and naming one of the alternates as a member of the grand jury.  The procedure established by this subsection may be used on disqualification or unavailability of a second grand juror during the term of the grand jury.  For purposes of this subsection, a juror is unavailable if the juror is unable to participate fully in the duties of the grand jury because of the death of the juror or a physical or mental illness of the juror.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 3, eff. Sept. 1, 1999;  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 889, Sec. 1, eff. Sept. 1, 2003.
    
Art. 19.27. ANY PERSON MAY CHALLENGE.  Before the grand jury has been impaneled, any person may challenge the array of jurors or any person presented as a grand juror.  In no other way shall objections to the qualifications and legality of the grand jury be heard.  Any person confined in jail in the county shall upon his request be brought into court to make such challenge.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.28. "ARRAY".  By the "array" of grand jurors is meant the whole body of persons summoned to serve as such before they have been impaneled.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.29. "IMPANELED" AND "PANEL".  A grand juror is said to be "impaneled" after his qualifications have been tried and he has been sworn.  By "panel" is meant the whole body of grand jurors.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.30. CHALLENGE TO "ARRAY".  A challenge to the "array" shall be made in writing for these causes only:
1. That those summoned as grand jurors are not in fact those selected by the method provided by Article 19.01(b) of this chapter or by the jury commissioners;  and
2. In case of grand jurors summoned by order of the court, that the officer who summoned them had acted corruptly in summoning any one or more of them.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 394, ch. 184, Sec. 3, eff. Sept. 1, 1979.
    
Art. 19.31. CHALLENGE TO JUROR.  A challenge to a particular grand juror may be made orally for the following causes only:
1. That he is not a qualified juror;  and
2. That he is the prosecutor upon an accusation against the person making the challenge.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.32. SUMMARILY DECIDED.  When a challenge to the array or to any individual has been made, the court shall hear proof and decide in a summary manner whether the challenge be well-founded or not.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.33. OTHER JURORS SUMMONED.  The court shall order another grand jury to be summoned if the challenge to the array be sustained, or order the panel to be completed if by challenge to any particular grand juror their number be reduced below twelve.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.34. OATH OF GRAND JURORS.  When the grand jury is completed, the court shall appoint one of the number foreman;  and the following oath shall be administered by the court, or under its direction, to the jurors:  "You solemnly swear that you will diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge;  the State's counsel, your fellows and your own, you shall keep secret, unless required to disclose the same in the course of a judicial proceeding in which the truth or falsity of evidence given in the grand jury room, in a criminal case, shall be under investigation.  You shall present no person from envy, hatred or malice;  neither shall you leave any person unpresented for love, fear, favor, affection or hope of reward;  but you shall present things truly as they come to your knowledge, according to the best of your understanding, so help you God".
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.35. TO INSTRUCT JURY.  The court shall instruct the grand jury as to their duty.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.36. BAILIFFS APPOINTED.  The court and the district attorney may each appoint one or more bailiffs to attend upon the grand jury, and at the time of appointment, the following oath shall be administered to each of them by the court, or under its direction:  "You solemnly swear that you will faithfully and impartially perform all the duties of bailiff of the grand jury, and that you will keep secret the proceedings of the grand jury, so help you God".  Such bailiffs shall be compensated in a sum to be set by the commissioners court of said county.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.37. BAILIFF'S DUTIES.  A bailiff is to obey the instructions of the foreman, to summon all witnesses, and generally, to perform all such duties as the foreman may require of him.  One bailiff shall be always with the grand jury, if two or more are appointed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.38. BAILIFF VIOLATING DUTY.  No bailiff shall take part in the discussions or deliberations of the grand jury nor be present when they are discussing or voting upon a question.  The grand jury shall report to the court any violation of duty by a bailiff and the court may punish him for such violation as for contempt.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.39. ANOTHER FOREMAN APPOINTED.  If the foreman of the grand jury is from any cause absent or unable or disqualified to act, the court shall appoint in his place some other member of the body.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.40. QUORUM.  Nine members shall be a quorum for the purpose of discharging any duty or exercising any right properly belonging to the grand jury.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 19.41. REASSEMBLED.  A grand jury discharged by the court for the term may be reassembled by the court at any time during the term.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 1065, Sec. 4, eff. Sept. 1, 1999.
    
Art. 19.42. PERSONAL INFORMATION ABOUT GRAND JURORS.  (a)  Except as provided by Subsection (b), information collected by the court, court personnel, or prosecuting attorney during the grand jury selection process about a person who serves as a grand juror, including the person's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, court personnel, or prosecuting attorney.
(b) On a showing of good cause, the court shall permit disclosure of the information sought to a party to the proceeding.
  
Added by Acts 1999, 76th Leg., ch. 1177, Sec. 3, eff. Sept. 1, 1999.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY

Art. 20.01. GRAND JURY ROOM.  After the grand jury is organized they shall proceed to the discharge of their duties in a suitable place which the sheriff shall prepare for their sessions.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.011. WHO MAY BE PRESENT IN GRAND JURY ROOM.  (a)  Only the following persons may be present in a grand jury room while the grand jury is conducting proceedings:
(1) grand jurors;
(2) bailiffs;
(3) the attorney representing the state;
(4) witnesses while being examined or when necessary to assist the attorney representing the state in examining other witnesses or presenting evidence to the grand jury;
(5) interpreters, if necessary;  and
(6) a stenographer or person operating an electronic recording device, as provided by Article 20.012.
(b) Only a grand juror may be in a grand jury room while the grand jury is deliberating.
  
Added by Acts 1995, 74th Leg., ch. 1011, Sec. 1, eff. Sept. 1, 1995.
    
Art. 20.012. RECORDING OF CERTAIN TESTIMONY.  (a)  Questions propounded by the grand jury or the attorney representing the state to a person accused or suspected and the testimony of that person to the grand jury shall be recorded either by a stenographer or by use of an electronic device capable of recording sound.
(b) The validity of a grand jury proceeding is not affected by an unintentional failure to record all or part of questions propounded or testimony made under Subsection (a).
(c) The attorney representing the state shall maintain possession of all records other than stenographer's notes made under this article and any typewritten transcription of those records, except as provided by Article 20.02.
  
Added by Acts 1995, 74th Leg., ch. 1011, Sec. 1, eff. Sept. 1, 1995.
    
Art. 20.02. PROCEEDINGS SECRET.  (a)  The proceedings of the grand jury shall be secret.
(b) A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, or person preparing a typewritten transcription of a stenographic or electronic recording who discloses anything transpiring before the grand jury, regardless of whether the thing transpiring is recorded, in the course of the official duties of the grand jury shall be liable to a fine as for contempt of the court, not exceeding five hundred dollars, imprisonment not exceeding thirty days, or both such fine and imprisonment.
(c) A disclosure of a record made under Article 20.012, a disclosure of a typewritten transcription of that record, or a disclosure otherwise prohibited by Subsection (b) or Article 20.16 may be made by the attorney representing the state in performing the attorney's duties to a grand juror serving on the grand jury before whom the record was made, another grand jury, a law enforcement agency, or a prosecuting attorney, as permitted by the attorney representing the state and determined by the attorney as necessary to assist the attorney in the performance of the attorney's duties.  The attorney representing the state shall warn any person the attorney authorizes to receive information under this subsection of the person's duty to maintain the secrecy of the information.  Any person who receives information under this subsection and discloses the information for purposes other than those permitted by this subsection is subject to punishment for contempt in the same manner as persons who violate Subsection (b).
(d) The defendant may petition a court to order the disclosure of information otherwise made secret by this article or the disclosure of a recording or typewritten transcription under Article 20.012 as a matter preliminary to or in connection with a judicial proceeding.  The court may order disclosure of the information, recording, or transcription on a showing by the defendant of a particularized need.
(e) A petition for disclosure under Subsection (d) must be filed in the district court in which the case is pending.  The defendant must also file a copy of the petition with the attorney representing the state, the parties to the judicial proceeding, and any other persons required by the court to receive a copy of the petition.  All persons receiving a petition under this subsection are entitled to appear before the court.  The court shall provide interested parties with an opportunity to appear and present arguments for the continuation of or end to the requirement of secrecy.
(f) A person who receives information under Subsection (d) or (e) and discloses that information is subject to punishment for contempt in the same manner as a person who violates Subsection (b).
(g) The attorney representing the state may not disclose anything transpiring before the grand jury except as permitted by Subsections (c), (d), and (e).
(h)  A subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent the unauthorized disclosure of a matter before the grand jury.  This subsection may not be construed to limit a disclosure permitted by Subsection (c), (d), or (e).
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1995, 74th Leg., ch. 1011, Sec. 2, eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 628, Sec. 1, eff. September 1, 2007.
    
Art. 20.03. ATTORNEY REPRESENTING STATE ENTITLED TO APPEAR.  "The attorney representing the State" means the Attorney General, district attorney, criminal district attorney, or county attorney.  The attorney representing the State, is entitled to go before the grand jury and inform them of offenses liable to indictment at any time except when they are discussing the propriety of finding an indictment or voting upon the same.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.04. ATTORNEY MAY EXAMINE WITNESSES.  The attorney representing the State may examine the witnesses before the grand jury and shall advise as to the proper mode of interrogating them.  No person other than the attorney representing the State or a grand juror may question a witness before the grand jury.  No person may address the grand jury about a matter before the grand jury other than the attorney representing the State, a witness, or the accused or suspected person or the attorney for the accused or suspected person if approved by the State's attorney.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 2, eff. Sept. 1, 1989.
    
Art. 20.05. MAY SEND FOR ATTORNEY.  The grand jury may send for the attorney representing the state and ask his advice upon any matter of law or upon any question arising respecting the proper discharge of their duties.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 3, eff. Sept. 1, 1989.
    
Art. 20.06. ADVICE FROM COURT.  The grand jury may also seek and receive advice from the court touching any matter before them, and for this purpose, shall go into court in a body;  but they shall so guard the manner of propounding their questions as not to divulge the particular accusation that is pending before them;  or they may propound their questions in writing, upon which the court may give them the desired information in writing.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.07. FOREMAN SHALL PRESIDE.  The foreman shall preside over the sessions of the grand jury, and conduct its business and proceedings in an orderly manner.  He may appoint one or more members of the body to act as clerks for the grand jury.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.08. ADJOURNMENTS.  The grand jury shall meet and adjourn at times agreed upon by a majority of the body;  but they shall not adjourn, at any one time, for more than three days, unless by consent of the court.  With the consent of the court, they may adjourn for a longer time, and shall as near as may be, conform their adjournments to those of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.09. DUTIES OF GRAND JURY.  The grand jury shall inquire into all offenses liable to indictment of which any member may have knowledge, or of which they shall be informed by the attorney representing the State, or any other credible person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.10. ATTORNEY OR FOREMAN MAY ISSUE PROCESS.  The attorney representing the state, or the foreman, in term time or vacation, may issue a summons or attachment for any witness in the county where they are sitting;  which summons or attachment may require the witness to appear before them at a time fixed, or forthwith, without stating the matter under investigation.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.11. OUT-OF-COUNTY WITNESSES.
Sec. 1. The foreman or the attorney representing the State may, upon written application to the district court stating the name and residence of the witness and that his testimony is believed to be material, cause a subpoena or an attachment to be issued to any county in the State for such witness, returnable to the grand jury then in session, or to the next grand jury for the county from whence the same issued, as such foreman or attorney may desire.  The subpoena may require the witness to appear and produce records and documents.  An attachment shall command the sheriff or any constable of the county where the witness resides to serve the witness, and have him before the grand jury at the time and place specified in the writ.
Sec. 2. A subpoena or attachment issued pursuant to this article shall be served and returned in the manner prescribed in Chapter 24 of this code.
A witness subpoenaed pursuant to this article shall be compensated as provided in this code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 787, ch. 350, Sec. 1, eff. June 12, 1973.
    
Art. 20.12. ATTACHMENT IN VACATION.  The attorney representing the state may cause an attachment for a witness to be issued, as provided in the preceding Article, either in term time or in vacation.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.13. EXECUTION OF PROCESS.  The bailiff or other officer who receives process to be served from a grand jury shall forthwith execute the same and return it to the foreman, if the grand jury be in session;  and if the grand jury be not in session, the process shall be returned to the district clerk.  If the process is returned not executed, the return shall state why it was not executed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.14. EVASION OF PROCESS.  If it be made to appear satisfactorily to the court that a witness for whom an attachment has been issued to go before the grand jury is in any manner wilfully evading the service of such summons or attachment, the court may fine such witness, as for contempt, not exceeding five hundred dollars.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.15. WHEN WITNESS REFUSES TO TESTIFY.  When a witness, brought in any manner before a grand jury, refuses to testify, such fact shall be made known to the attorney representing the State or to the court;  and the court may compel the witness to answer the question, if it appear to be a proper one, by imposing a fine not exceeding five hundred dollars, and by committing the party to jail until he is willing to testify.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.16.  OATHS TO WITNESSES.  (a)  The following oath shall be administered by the foreman, or under the foreman's direction, to each witness before being interrogated:  "You solemnly swear that you will not reveal, by your words or conduct, and will keep secret any matter about which you may be interrogated or that you have observed during the proceedings of the grand jury, and that you will answer truthfully the questions asked of you by the grand jury, or under its direction, so help you God."
(b)  A witness who reveals any matter about which the witness is interrogated or that the witness has observed during the proceedings of the grand jury, other than when required to give evidence thereof in due course, shall be liable to a fine as for contempt of court, not exceeding $500, and to imprisonment not exceeding six months.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 28, Sec. 1, eff. September 1, 2007.
    
Art. 20.17. HOW SUSPECT OR ACCUSED QUESTIONED.  (a)  The grand jury, in propounding questions to the person accused or suspected, shall first state the offense with which he is suspected or accused, the county where the offense is said to have been committed and as nearly as may be, the time of commission of the offense, and shall direct the examination to the offense under investigation.
(b) Prior to any questioning of an accused or suspected person who is subpoenaed to appear before the grand jury, the accused or suspected person shall be furnished a written copy of the warnings contained in Subsection (c) of this section and shall be given a reasonable opportunity to retain counsel or apply to the court for an appointed attorney and to consult with counsel prior to appearing before the grand jury.
(c) If an accused or suspected person is subpoenaed to appear before a grand jury prior to any questions before the grand jury, the person accused or suspected shall be orally warned as follows:
(1) "Your testimony before this grand jury is under oath";
(2) "Any material question that is answered falsely before this grand jury subjects you to being prosecuted for aggravated perjury";
(3) "You have the right to refuse to make answers to any question, the answer to which would incriminate you in any manner";
(4) "You have the right to have a lawyer present outside this chamber to advise you before making answers to questions you feel might incriminate you";
(5) "Any testimony you give may be used against you at any subsequent proceeding";
(6) "If you are unable to employ a lawyer, you have the right to have a lawyer appointed to advise you before making an answer to a question, the answer to which you feel might incriminate you."
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 4, eff. Sept. 1, 1989.
    
Art. 20.18. HOW WITNESS QUESTIONED.  When a felony has been committed in any county within the jurisdiction of the grand jury, and the name of the offender is known or unknown or where it is uncertain when or how the felony was committed, the grand jury shall first state to the witness called the subject matter under investigation, then may ask pertinent questions relative to the transaction in general terms and in such a manner as to determine whether he has knowledge of the violation of any particular law by any person, and if so, by what person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.19. GRAND JURY SHALL VOTE.  After all the testimony which is accessible to the grand jury shall have been given in respect to any criminal accusation, the vote shall be taken as to the presentment of an indictment, and if nine members concur in finding the bill, the foreman shall make a memorandum of the same with such data as will enable the attorney who represents the State to write the indictment.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.20. INDICTMENT PREPARED.  The attorney representing the State shall prepare all indictments which have been found, with as little delay as possible, and deliver them to the foreman, who shall sign the same officially, and said attorney shall endorse thereon the names of the witnesses upon whose testimony the same was found.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 20.21. INDICTMENT PRESENTED.  When the indictment is ready to be presented, the grand jury shall through their foreman, deliver the indictment to the judge or clerk of the court.  At least nine members of the grand jury must be present on such occasion.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 1033, ch. 463, Sec. 1, eff. June 7, 1979.
    
Art. 20.22.  PRESENTMENT ENTERED OF RECORD.  The fact of a presentment of indictment by a grand jury shall be entered upon the record of the court, if the defendant is in custody or under bond, noting briefly the style of the criminal action and the file number of the indictment and the defendant's name.  If the defendant is not in custody or under bond at the time of the presentment of indictment, the entry in the record of the court relating to said indictment shall be delayed until such time as the capias is served and the defendant is placed in custody or under bond.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 1033, ch. 463, Sec. 2, eff. June 7, 1979;  Acts 1999, 76th Leg., ch. 580, Sec. 3, eff. Sept. 1, 1999.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 628, Sec. 2, eff. September 1, 2007.
      	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 21. INDICTMENT AND INFORMATION

Art. 21.01. "INDICTMENT".  An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.011.  FILING OF CHARGING INSTRUMENT OR RELATED DOCUMENT IN ELECTRONIC FORM.  (a)  An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a judge or clerk of the court authorized to receive the document.
(b)  A judge or clerk of the court is authorized to receive for filing purposes an information, indictment, complaint, or other charging instrument or a related document in electronic form in accordance with Subchapter I, Chapter 51, Government Code, if:
(1)  the document complies with the requirements that would apply if the document were filed in hard-copy form;
(2)  the clerk of the court has the means to electronically store the document for the statutory period of record retention;
(3)  the judge or clerk of the court is able to reproduce the document in hard-copy form on demand; and
(4)  the clerk of the court is able to display or otherwise make the document available in electronic form to the public at no charge.
(c)  The person filing the document and the person receiving the document must complete the electronic filing as provided by Section 51.804, Government Code.
(d)  Notwithstanding Section 51.806, Government Code, an indictment, information, complaint, or other charging instrument or a related document transmitted in electronic form is exempt from a requirement under this code that the pleading be endorsed by a natural person.  The requirement of an oath under this code is satisfied if:
(1)  all or part of the document was sworn to; and
(2)  the electronic form states which parts of the document were sworn to and the name of the officer administering the oath.
(e)  An electronically filed document described by this section may be amended or modified in compliance with Chapter 28 or other applicable law.  The amended or modified document must reflect that the original document has been superseded.
(f)  This section does not affect the application of Section 51.318, Government Code, Section 118.052(3), Local Government Code, or any other law permitting the collection of fees for the provision of services related to court documents.
  
Added by Acts 2005, 79th Leg., Ch. 312, Sec. 3, eff. June 17, 2005.
    
Art. 21.02. REQUISITES OF AN INDICTMENT.  An indictment shall be deemed sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority of The State of Texas".
2. It must appear that the same was presented in the district court of the county where the grand jury is in session.
3. It must appear to be the act of a grand jury of the proper county.
4. It must contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him.
5. It must show that the place where the offense was committed is within the jurisdiction of the court in which the indictment is presented.
6. The time mentioned must be some date anterior to the presentment of the indictment, and not so remote that the prosecution of the offense is barred by limitation.
7. The offense must be set forth in plain and intelligible words.
8. The indictment must conclude, "Against the peace and dignity of the State".
9. It shall be signed officially by the foreman of the grand jury.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.03. WHAT SHOULD BE STATED.  Everything should be stated in an indictment which is necessary to be proved.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.04. THE CERTAINTY REQUIRED.  The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar of any prosecution for the same offense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.05. PARTICULAR INTENT;  INTENT TO DEFRAUD.  Where a particular intent is a material fact in the description of the offense, it must be stated in the indictment;  but in any case where an intent to defraud is required to constitute an offense, it shall be sufficient to allege an intent to defraud, without naming therein the particular person intended to be defrauded.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.06. ALLEGATION OF VENUE.  When the offense may be prosecuted in either of two or more counties, the indictment may allege the offense to have been committed in the county where the same is prosecuted, or in any county or place where the offense was actually committed.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.07. ALLEGATION OF NAME.  In alleging the name of the defendant, or of any other person necessary to be stated in the indictment, it shall be sufficient to state one or more of the initials of the given name and the surname.  When a person is known by two or more names, it shall be sufficient to state either name.  When the name of the person is unknown to the grand jury, that fact shall be stated, and if it be the accused, a reasonably accurate description of him shall be given in the indictment.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1995, 74th Leg., ch. 830, Sec. 1, eff. Sept. 1, 1995.
    
Art. 21.08. ALLEGATION OF OWNERSHIP.  Where one person owns the property, and another person has the possession of the same, the ownership thereof may be alleged to be in either.  Where property is owned in common, or jointly, by two or more persons, the ownership may be alleged to be in all or either of them.  When the property belongs to the estate of a deceased person, the ownership may be alleged to be in the executor, administrator or heirs of such deceased person, or in any one of such heirs.  Where the ownership of the property is unknown to the grand jury, it shall be sufficient to allege that fact.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 16, eff. Aug. 28, 1967.
    
Art. 21.09. DESCRIPTION OF PROPERTY.  If known, personal property alleged in an indictment shall be identified by name, kind, number, and ownership.  When such is unknown, that fact shall be stated, and a general classification, describing and identifying the property as near as may be, shall suffice.  If the property be real estate, its general locality in the county, and the name of the owner, occupant or claimant thereof, shall be a sufficient description of the same.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1975, 64th Leg., p. 909, ch. 341, Sec. 2, eff. June 19, 1975.
    
Art. 21.10. "FELONIOUS" AND "FELONIOUSLY".  It is not necessary to use the words "Felonious" or "feloniously" in any indictment.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.11. CERTAINTY;  WHAT SUFFICIENT.  An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know what is meant, and with that degree of certainty that will give the defendant notice of the particular offense with which he is charged, and enable the court, on conviction, to pronounce the proper judgment;  and in no case are the words "force and arms" or "contrary to the form of the statute" necessary.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.12. SPECIAL AND GENERAL TERMS.  When a statute defining any offense uses special or particular terms, indictment on it may use the general term which, in common language, embraces the special term.  To charge an unlawful sale, it is necessary to name the purchaser.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.13. ACT WITH INTENT TO COMMIT AN OFFENSE.  An indictment for an act done with intent to commit some other offense may charge in general terms the commission of such act with intent to commit such other offense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.14. PERJURY AND AGGRAVATED PERJURY.  (a)  An indictment for perjury or aggravated perjury need not charge the precise language of the false statement, but may state the substance of the same, and no such indictment shall be held insufficient on account of any variance which does not affect the subject matter or general import of such false statement;  and it is not necessary in such indictment to set forth the pleadings, records or proceeding with which the false statement is connected, nor the commission or authority of the court or person before whom the false statement was made;  but it is sufficient to state the name of the court or public servant by whom the oath was administered with the allegation of the falsity of the matter on which the perjury or aggravated perjury is assigned.
(b) If an individual is charged with aggravated perjury before a grand jury, the indictment may not be entered by the grand jury before which the false statement was alleged to have been made.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
      
Amended by Acts 1989, 71st Leg., ch. 1065, Sec. 5, eff. Sept. 1, 1989.
    
Art. 21.15. MUST ALLEGE ACTS OF RECKLESSNESS OR CRIMINAL NEGLIGENCE.  Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly or with criminal negligence in the commission of an offense, the complaint, information, or indictment in order to be sufficient in any such case must allege, with reasonable certainty, the act or acts relied upon to constitute recklessness or criminal negligence, and in no event shall it be sufficient to allege merely that the accused, in committing the offense, acted recklessly or with criminal negligence.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 21.16. CERTAIN FORMS OF INDICTMENTS.  The following form of indictments is sufficient:
""In the name and by authority of the State of Texas:  The grand jury of ............ County, State of Texas, duly organized at the ............ term, A.D. ............, of the district court of said county, in said court at said term, do present that ............ (defendant) on the .......... day of ............ A.D. ............, in said county and State, did ............ (description of offense) against the peace and dignity of the State.
............, Foreman of the grand jury."
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.17. FOLLOWING STATUTORY WORDS.  Words used in a statute to define an offense need not be strictly pursued in the indictment;  it is sufficient to use other words conveying the same meaning, or which include the sense of the statutory words.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.18. MATTERS OF JUDICIAL NOTICE.  Presumptions of law and matters of which judicial notice is taken (among which are included the authority and duties of all officers elected or appointed under the General Laws of this State) need not be stated in an indictment.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.19. DEFECTS OF FORM.  An indictment shall not be held insufficient, nor shall the trial, judgment or other proceedings thereon be affected, by reason of any defect of form which does not prejudice the substantial rights of the defendant.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.20. "INFORMATION".  An "Information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.21. REQUISITES OF AN INFORMATION.  An information is sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority of the State of Texas";
2. That it appear to have been presented in a court having jurisdiction of the offense set forth;
3. That it appear to have been presented by the proper officer;
4. That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him;
5. It must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed;
6. That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation;
7. That the offense be set forth in plain and intelligible words;
8. That it conclude, "Against the peace and dignity of the State";  and
9. It must be signed by the district or county attorney, officially.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.22. INFORMATION BASED UPON COMPLAINT.  No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense.  The affidavit shall be filed with the information.  It may be sworn to before the district or county attorney who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.23. RULES AS TO INDICTMENT APPLY TO INFORMATION.  The rules with respect to allegations in an indictment and the certainty required apply also to an information.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.24. JOINDER OF CERTAIN OFFENSES.  (a)  Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the offenses arise out of the same criminal episode, as defined in Chapter 3 of the Penal Code.
(b) A count may contain as many separate paragraphs charging the same offense as necessary, but no paragraph may charge more than one offense.
(c) A count is sufficient if any one of its paragraphs is sufficient.  An indictment, information, or complaint is sufficient if any one of its counts is sufficient.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 21.25. WHEN INDICTMENT HAS BEEN LOST, ETC.  When an indictment or information has been lost, mislaid, mutilated or obliterated, the district or county attorney may suggest the fact to the court;  and the same shall be entered upon the minutes of the court.  In such case, another indictment or information may be substituted, upon the written statement of such attorney that it is substantially the same as that which has been lost, mislaid, mutilated, or obliterated.  Or another indictment may be presented, as in the first instance;  and in such case, the period for the commencement of the prosecution shall be dated from the time of making such entry.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.26. ORDER TRANSFERRING CASES.  Upon the filing of an indictment in the district court which charges an offense over which such court has no jurisdiction, the judge of such court shall make an order transferring the same to such inferior court as may have jurisdiction, stating in such order the cause transferred and to what court transferred.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.27. CAUSES TRANSFERRED TO JUSTICE COURT.  Causes over which justices of the peace have jurisdiction may be transferred to a justice of the peace at the county seat, or in the discretion of the judge, to a justice of the precinct in which the same can be most conveniently tried, as may appear by memorandum endorsed by the grand jury on the indictment or otherwise.  If it appears to the judge that the offense has been committed in any incorporated town or city, the cause shall be transferred to a justice in said town or city, if there be one therein;  and any justice to whom such cause may be transferred shall have jurisdiction to try the same.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.28. DUTY ON TRANSFER.  The clerk of the court, without delay, shall deliver the indictments in all cases transferred, together with all the papers relating to each case, to the proper court or justice, as directed in the order of transfer;  and shall accompany each case with a certified copy of all the proceedings taken therein in the district court, and with a bill of the costs that have accrued therein in the district court.  The said costs shall be taxed in the court in which said cause is tried, in the event of a conviction.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.29. PROCEEDINGS OF INFERIOR COURT.  Any case so transferred shall be entered on the docket of the court to which it is transferred.  All process thereon shall be issued and the defendant tried as if the case had originated in the court to which it was transferred.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.30. CAUSE IMPROVIDENTLY TRANSFERRED.  When a cause has been improvidently transferred to a court which has no jurisdiction of the same, the court to which it has been transferred shall order it to be re-transferred to the proper court;  and the same proceedings shall be had as in the case of the original transfer.  In such case, the defendant and the witnesses shall be held bound to appear before the court to which the case has been re-transferred, the same as they were bound to appear before the court so transferring the same.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 21.31.  TESTING FOR AIDS AND CERTAIN OTHER DISEASES.  (a)  A person who is indicted for or who waives indictment for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code, shall, at the direction of the court on the court's own motion or on the request of the victim of the alleged offense, undergo a standard diagnostic test approved by the United States Food and Drug Administration for human immunodeficiency virus (HIV) infection and other sexually transmitted diseases.  If the person refuses to submit voluntarily to the test, the court shall require the person to submit to the test.  On request of the victim of the alleged offense, the court shall order the defendant to undergo the test not later than 48 hours after an indictment for the offense is presented against the defendant or the defendant waives indictment.  Except as provided by Subsection (b-1), the court may require a defendant previously required under this article to undergo a diagnostic test on indictment for an offense to undergo a subsequent test only after conviction of the offense.  A person performing a test under this subsection shall make the test results available to the local health authority, and the local health authority shall be required to make the notification of the test results to the victim of the alleged offense and to the defendant.
(a-1)  If the victim requests the testing of the defendant and a law enforcement agency is unable to locate the defendant during the 48-hour period allowed for that testing under Subsection (a), the running of the 48-hour period is tolled until the law enforcement agency locates the defendant and the defendant is present in the jurisdiction.
(b)  The court shall order a person who is charged with an offense under Section 22.11, Penal Code, to undergo in the manner provided by Subsection (a) a diagnostic test designed to show or help show whether the person has HIV, hepatitis A, hepatitis B, tuberculosis, or any other disease designated as a reportable disease under Section 81.048, Health and Safety Code.  The person charged with the offense shall pay the costs of testing under this subsection.
(b-1)  If the results of a diagnostic test conducted under Subsection (a) or (b) are positive for HIV, the court shall order the defendant to undergo any necessary additional testing within a reasonable time after the test results are released.
(c)  The state may not use the fact that a test was performed on a person under Subsection (a) or use the results of a test conducted under Subsection (a) in any criminal proceeding arising out of the alleged offense.
(d)  Testing under this article shall be conducted in accordance with written infectious disease control protocols adopted by the Texas Board of Health that clearly establish procedural guidelines that provide criteria for testing and that respect the rights of the person accused and any victim of the alleged offense.
(e)  This article does not permit a court to release a test result to anyone other than those authorized by law, and the provisions of Section 81.103(d), Health and Safety Code, may not be construed to allow that disclosure.
  
Acts 1987, 70th Leg., 2nd C.S., ch. 55, Sec. 3, eff. Oct. 20, 1987.
      
Subsec. (c) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(7), eff. Sept. 1, 1991;  Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 811, Sec. 1, eff. Sept. 1, 1993.
Amended by: 
Acts 2005, 79th Leg., Ch. 543, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.12, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 418, Sec. 1, eff. September 1, 2009.
      		  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 22. FORFEITURE OF BAIL

Art. 22.01. BAIL FORFEITED, WHEN.  When a defendant is bound by bail to appear and fails to appear in any court in which such case may be pending and at any time when his personal appearance is required under this Code, or by any court or magistrate, a forfeiture of his bail and a judicial declaration of such forfeiture shall be taken in the manner provided in Article 22.02 of this Code and entered by such court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 2, eff. Aug. 31, 1981.
    
Art. 22.02. MANNER OF TAKING A FORFEITURE.  Bail bonds and personal bonds are forfeited in the following manner:  The name of the defendant shall be called distinctly at the courthouse door, and if the defendant does not appear within a reasonable time after such call is made, judgment shall be entered that the State of Texas recover of the defendant the amount of money in which he is bound, and of his sureties, if any, the amount of money in which they are respectively bound, which judgment shall state that the same will be made final, unless good cause be shown why the defendant did not appear.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.03.  CITATION TO SURETIES.  (a)  Upon entry of judgment, a citation shall issue forthwith notifying the sureties of the defendant, if any, that the bond has been forfeited, and requiring them to appear and show cause why the judgment of forfeiture should not be made final.
(b)  A citation to a surety who is an individual shall be served to the individual at the address shown on the face of the bond or the last known address of the individual.
(c)  A citation to a surety that is a corporation or other entity shall be served to the attorney designated for service of process by the corporation or entity under Chapter 804, Insurance Code.
(d)  By filing the waiver or designation in writing with the clerk of the court, a surety may waive service of citation or may designate a person other than the surety or the surety's attorney to receive service of citation under this article.  The waiver or designation is effective until a written revocation is filed with the clerk.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2005, 79th Leg., Ch. 743, Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 657, Sec. 1, eff. September 1, 2007.
    
Art. 22.035.  CITATION TO DEFENDANT POSTING CASH BOND.  A citation to a defendant who posted a cash bond shall be served to the defendant at the address shown on the face of the bond or the last known address of the defendant.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 657, Sec. 2, eff. September 1, 2007.
    
Art. 22.04.  REQUISITES OF CITATION.  A citation shall be sufficient if it be in the form provided for citations in civil cases in such court; provided, however, that a copy of the judgment of forfeiture entered by the court, a copy of the forfeited bond, and a copy of any power of attorney attached to the forfeited bond shall be attached to the citation and the citation shall notify the parties cited to appear and show cause why the judgment of forfeiture should not be made final.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2005, 79th Leg., Ch. 743, Sec. 4, eff. September 1, 2005.
    
Art. 22.05.  CITATION AS IN CIVIL ACTIONS. If service of citation is not waived under Article 22.03, a surety is entitled to notice by service of citation, the length of time and in the manner required in civil actions; and the officer executing the citation shall return the same as in civil actions.  It shall not be necessary to give notice to the defendant unless he has furnished his address on the bond, in which event notice to the defendant shall be deposited in the United States mail directed to the defendant at the address shown on the bond or the last known address of the defendant.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2005, 79th Leg., Ch. 743, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 657, Sec. 3, eff. September 1, 2007.
    
Art. 22.06. CITATION BY PUBLICATION.  Where the surety is a nonresident of the State, or where he is a transient person, or where his residence is unknown, the district or county attorney may, upon application in writing to the county clerk, stating the facts, obtain a citation to be served by publication;  and the same shall be served by a publication and returned as in civil actions.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.07. COST OF PUBLICATION.  When service of citation is made by publication, the county in which the forfeiture has been taken shall pay the costs thereof, to be taxed as costs in the case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.08. SERVICE OUT OF THE STATE.  Service of a certified copy of the citation upon any absent or non-resident surety may be made outside of the limits of this State by any person competent to make oath of the fact;  and the affidavit of such person, stating the facts of such service, shall be a sufficient return.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.09. WHEN SURETY IS DEAD.  If the surety is dead at the time the forfeiture is taken, the forfeiture shall nevertheless be valid.  The final judgment shall not be rendered where a surety has died, either before or after the forfeiture has been taken, unless his executor, administrator or heirs, as the case may be, have been cited to appear and show cause why the judgment should not be made final, in the same manner as provided in the case of the surety.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.10. SCIRE FACIAS DOCKET.  When a forfeiture has been declared upon a bond, the court or clerk shall docket the case upon the scire facias or upon the civil docket, in the name of the State of Texas, as plaintiff, and the principal and his sureties, if any, as defendants;  and, except as otherwise provided by this chapter, the proceedings had therein shall be governed by the same rules governing other civil suits.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 3, eff. Aug. 31, 1981.
      
Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 4, eff. Sept. 1, 1999.
    
Art. 22.11. SURETIES MAY ANSWER.  After the forfeiture of the bond, if the sureties, if any, have been duly notified, the sureties, if any, may answer in writing and show cause why the defendant did not appear, which answer may be filed within the time limited for answering in other civil actions.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.12. PROCEEDINGS NOT SET ASIDE FOR DEFECT OF FORM.  The bond, the judgment declaring the forfeiture, the citation and the return thereupon, shall not be set aside because of any defect of form;  but such defect of form may, at any time, be amended under the direction of the court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.125. POWERS OF THE COURT.  After a judicial declaration of forfeiture is entered, the court may proceed with the trial required by Article 22.14 of this code.  The court may exonerate the defendant and his sureties, if any, from liability on the forfeiture, remit the amount of the forfeiture, or set aside the forfeiture only as expressly provided by this chapter.  The court may approve any proposed settlement of the liability on the forfeiture that is agreed to by the state and by the defendant or the defendant's sureties, if any.
  
Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 4, eff. Aug. 31, 1981.  Renumbered from art. 22.12a by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(1), eff. Sept. 1, 1987.
      
Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 5, eff. Sept. 1, 1999.
    
Art. 22.13. CAUSES WHICH WILL EXONERATE.  (a)  The following causes, and no other, will exonerate the defendant and his sureties, if any, from liability upon the forfeiture taken:
1. That the bond is, for any cause, not a valid and binding undertaking in law.  If it be valid and binding as to the principal, and one or more of his sureties, if any, they shall not be exonerated from liability because of its being invalid and not binding as to another surety or sureties, if any.  If it be invalid and not binding as to the principal, each of the sureties, if any, shall be exonerated from liability.  If it be valid and binding as to the principal, but not so as to the sureties, if any, the principal shall not be exonerated, but the sureties, if any, shall be.
2. The death of the principal before the forfeiture was taken.
3. The sickness of the principal or some uncontrollable circumstance which prevented his appearance at court, and it must, in every such case, be shown that his failure to appear arose from no fault on his part.  The causes mentioned in this subdivision shall not be deemed sufficient to exonerate the principal and his sureties, if any, unless such principal appear before final judgment on the bond to answer the accusation against him, or show sufficient cause for not so appearing.
4. Failure to present an indictment or information at the first term of the court which may be held after the principal has been admitted to bail, in case where the party was bound over before indictment or information, and the prosecution has not been continued by order of the court.
5. The incarceration of the principal in any jurisdiction in the United States:
(A) in the case of a misdemeanor, at the time of or not later than the 180th day after the date of the principal's failure to appear in court;  or
(B) in the case of a felony, at the time of or not later than the 270th day after the date of the principal's failure to appear in court.
(b) A surety exonerated under Subdivision 5, Subsection (a), remains obligated to pay costs of court, any reasonable and necessary costs incurred by a county to secure the return of the principal, and interest accrued on the bond amount from the date of the judgment nisi to the date of the principal's incarceration.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 2003, 78th Leg., ch. 942, Sec. 1, eff. June 20, 2003.
    
Art. 22.14. JUDGMENT FINAL.  When, upon a trial of the issues presented, no sufficient cause is shown for the failure of the principal to appear, the judgment shall be made final against him and his sureties, if any, for the amount in which they are respectively bound;  and the same shall be collected by execution as in civil actions.  Separate executions shall issue against each party for the amount adjudged against him.  The costs shall be equally divided between the sureties, if there be more than one.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.15. JUDGMENT FINAL BY DEFAULT.  When the sureties have been duly cited and fail to answer, and the principal also fails to answer within the time limited for answering in other civil actions, the court shall enter judgment final by default.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 22.16. REMITTITUR AFTER FORFEITURE.  (a)  After forfeiture of a bond and before entry of a final judgment, the court shall, on written motion, remit to the surety the amount of the bond, after deducting the costs of court and any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount as provided by Subsection (c) if the principal is released on new bail in the case or the case for which bond was given is dismissed.
(b) For other good cause shown and before the entry of a final judgment against the bond, the court in its discretion may remit to the surety all or part of the amount of the bond after deducting the costs of court and any reasonable and necessary costs to the county for the return of the principal, and the interest accrued on the bond amount as provided by Subsection (c).
(c) For the purposes of this article, interest accrues on the bond amount from the date of forfeiture in the same manner and at the same rate as provided for the accrual of prejudgment interest in civil cases.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 886, ch. 312, Sec. 5, eff. Aug. 31, 1981;  Acts 1987, 70th Leg., ch. 1047, Sec. 3, eff. June 20, 1987.
      
Amended by Acts 2003, 78th Leg., ch. 942, Sec. 2, eff. June 20, 2003.
    
Art. 22.17. SPECIAL BILL OF REVIEW.  (a)  Not later than two years after the date a final judgment is entered in a bond forfeiture proceeding, the surety on the bond may file with the court a special bill of review.  A special bill of review may include a request, on equitable grounds, that the final judgment be reformed and that all or part of the bond amount be remitted to the surety, after deducting the costs of court, any reasonable costs to the county for the return of the principal, and the interest accrued on the bond amount from the date of forfeiture.  The court in its discretion may grant or deny the bill in whole or in part.
(b) For the purposes of this article, interest accrues on the bond amount from the date of:
(1) forfeiture to the date of final judgment in the same manner and at the same rate as provided for the accrual of prejudgment interest in civil cases;  and
(2) final judgment to the date of the order for remittitur at the same rate as provided for the accrual of postjudgment interest in civil cases.
  
Acts 1987, 70th Leg., ch. 1047, Sec. 4, eff. June 20, 1987.
    
Art. 22.18. LIMITATION.  An action by the state to forfeit a bail bond under this chapter must be brought not later than the fourth anniversary of the date the principal fails to appear in court.
  
Added by Acts 1999, 76th Leg., ch. 1506, Sec. 6, eff. Sept. 1, 1999.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 23. THE CAPIAS

Art. 23.01.  DEFINITION OF A "CAPIAS".  In this chapter, a "capias" is a writ that is:
(1)  issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; and
(2)  directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 3, eff. September 1, 2007.
    
Art. 23.02. ITS REQUISITES.  A capias shall be held sufficient if it have the following requisites:
1. That it run in the name of "The State of Texas";
2. That it name the person whose arrest is ordered, or if unknown, describe him;
3. That it specify the offense of which the defendant is accused, and it appear thereby that he is accused of some offense against the penal laws of the State;
4. That it name the court to which and the time when it is returnable;  and
5. That it be dated and attested officially by the authority issuing the same.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.03. CAPIAS OR SUMMONS IN FELONY.  (a)  A capias shall be issued by the district clerk upon each indictment for felony presented, after bail has been set or denied by the judge of the court.  Upon the request of the attorney representing the State, a summons shall be issued by the district clerk.  The capias or summons shall be delivered by the clerk or mailed to the sheriff of the county where the defendant resides or is to be found.  A capias or summons need not issue for a defendant in custody or under bond.
(b) Upon the request of the attorney representing the State a summons instead of a capias shall issue.  If a defendant fails to appear in response to the summons a capias shall issue.
(c) Summons.  The summons shall be in the same form as the capias except that it shall summon the defendant to appear before the proper court at a stated time and place.  The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.
(d) A summons issued to any person must clearly and prominently state in English and in Spanish the following:
"It is an offense for a person to intentionally influence or coerce a witness to testify falsely or to elude legal process.  It is also a felony offense to harm or threaten to harm a witness or prospective witness in retaliation for or on account of the service of the person as a witness or to prevent or delay the person's service as a witness to a crime."
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1979, 66th Leg., p. 1034, ch. 463, Sec. 3, eff. June 7, 1979.
      
Amended by Acts 1995, 74th Leg., ch. 67, Sec. 1, eff. Sept. 1, 1995.
    
Art. 23.031.  ISSUANCE OF CAPIAS IN ELECTRONIC FORM.  A district clerk, county clerk, or court may issue in electronic form a capias for the failure of a person to appear before a court or comply with a court order.
  
Added by Acts 2005, 79th Leg., Ch. 312, Sec. 4, eff. June 17, 2005.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 4, eff. September 1, 2007.
    
Art. 23.04.  IN MISDEMEANOR CASE.  In misdemeanor cases, the capias or summons shall issue from a court having jurisdiction of the case on the filing of an information or complaint.  The summons shall be issued only upon request of the attorney representing the State and on the determination of probable cause by the judge, and shall follow the same form and procedure as in a felony case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 5, eff. September 1, 2007.
    
Art. 23.05. CAPIAS AFTER SURRENDER OR FORFEITURE.  (a)  If a forfeiture of bail is declared by a court or a surety surrenders a defendant under Article 17.19, a capias shall be immediately issued for the arrest of the defendant, and when arrested, in its discretion, the court may require the defendant, in order to be released from custody, to deposit with the custodian of funds of the court in which the prosecution is pending current money of the United States in the amount of the new bond as set by the court, in lieu of a surety bond, unless a forfeiture is taken and set aside under the third subdivision of Article 22.13, in which case the defendant and the defendant's sureties shall remain bound under the same bail.
(b) A capias issued under this article may be executed by a peace officer or by a private investigator licensed under Chapter 1702, Occupations Code.
(c) A capias under this article must be issued not later than the 10th business day after the date of the court's issuance of the order of forfeiture or order permitting surrender of the bond.
(d) The sheriff of each county shall enter a capias issued under this article into a local warrant system not later than the 10th business day after the date of issuance of the capias by the clerk of court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1971, 62nd Leg., p. 2383, ch. 740, Sec. 1, eff. Aug. 30, 1971.
      
Amended by Acts 1999, 76th Leg., ch. 1506, Sec. 7, eff. Sept. 1, 1999;  Subsec. (b) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.733, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 942, Sec. 5, eff. June 20, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 6, eff. September 1, 2007.
    
Art. 23.06. NEW BAIL IN FELONY CASE.  When a defendant who has been arrested for a felony under a capias has previously given bail to answer said charge, his sureties, if any, shall be released by such arrest, and he shall be required to give new bail.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.07. CAPIAS DOES NOT LOSE ITS FORCE.  A capias shall not lose its force if not executed and returned at the time fixed in the writ, but may be executed at any time afterward, and return made.  All proceedings under such capias shall be as valid as if the same had been executed and returned within the time specified in the writ.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.08. REASONS FOR RETAINING CAPIAS.  When the capias is not returned at the time fixed in the writ, the officer holding it shall notify the court from whence it was issued, in writing, of his reasons for retaining it.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.09. CAPIAS TO SEVERAL COUNTIES.  Capiases for a defendant may be issued to as many counties as the district or county attorney may direct.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.10. BAIL IN FELONY.  In cases of arrest for felony in the county where the prosecution is pending, during a term of court, the officer making the arrest may take bail as provided in Article 17.21.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.11. SHERIFF MAY TAKE BAIL IN FELONY.  In cases of arrest for felony less than capital, made during vacation or made in another county than the one in which the prosecution is pending, the sheriff may take bail;  in such cases the amount of the bail bond shall be the same as is endorsed upon the capias;  and if no amount be endorsed on the capias, the sheriff shall require a reasonable amount of bail.  If it be made to appear by affidavit, made by any district attorney, county attorney, or the sheriff approving the bail bond, to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or to a judge of the district or county court, that the bail taken in any case after indictment is insufficient in amount, or that the sureties are not good for the amount, or that the bond is for any reason defective or insufficient, such judge shall issue a warrant of arrest and require of the defendant sufficient bond, according to the nature of the case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 803, ch. 291, Sec. 105, eff. Sept. 1, 1981.
    
Art. 23.12. COURT SHALL FIX BAIL IN FELONY.  In felony cases which are bailable, the court shall, before adjourning, fix and enter upon the minutes the amount of the bail to be required in each case.  The clerk shall endorse upon the capias the amount of bail required.  In case of neglect to so comply with this Article, the arrest of the defendant, and the bail taken by the sheriff, shall be as legal as if there had been no such omission.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.13. WHO MAY ARREST UNDER CAPIAS.  A capias may be executed by any peace officer.  In felony cases, the defendant must be delivered immediately to the sheriff of the county where the arrest is made together, with the writ under which he was taken.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.14. BAIL IN MISDEMEANOR.  Any officer making an arrest under a capias in a misdemeanor may in term time or vacation take a bail bond of the defendant.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.15. ARREST IN CAPITAL CASES.  Where an arrest is made under a capias in a capital case, the sheriff shall confine the defendant in jail, and the capias shall, for that purpose, be a sufficient commitment.  This Article is applicable when the arrest is made in the county where the prosecution is pending.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.16. ARREST IN CAPITAL CASE IN ANOTHER COUNTY.  In each capital case where a defendant is arrested under a capias in a county other than that in which the case is pending, the sheriff who arrests or to whom the defendant is delivered, shall convey him immediately to the county from which the capias issued and deliver him to the sheriff of such county.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.17. RETURN OF BAIL AND CAPIAS.  When an arrest has been made and a bail taken, such bond, together with the capias, shall be returned forthwith to the proper court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 23.18. RETURN OF CAPIAS.  The return of the capias shall be made to the court from which it is issued.  If it has been executed, the return shall state what disposition has been made of the defendant.  If it has not been executed, the cause of the failure to execute it shall be fully stated.  If the defendant has not been found, the return shall further show what efforts have been made by the officer to find him, and what information he has as to the defendant's whereabouts.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      		  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 24. SUBPOENA AND ATTACHMENT

Art. 24.01. ISSUANCE OF SUBPOENAS.  (a)  A subpoena may summon one or more persons to appear:
(1) before a court to testify in a criminal action at a specified term of the court or on a specified day;  or
(2) on a specified day:
(A) before an examining court;
(B) at a coroner's inquest;
(C) before a grand jury;
(D) at a habeas corpus hearing;  or
(E) in any other proceeding in which the person's testimony may be required in accordance with this code.
(b) The person named in the subpoena to summon the person whose appearance is sought must be:
(1) a peace officer;  or
(2) a least 18 years old and, at the time the subpoena is issued, not a participant in the proceeding for which the appearance is sought.
(c) A person who is not a peace officer may not be compelled to accept the duty to execute a subpoena, but if he agrees in writing to accept that duty and neglects or refuses to serve or return the subpoena, he may be punished in accordance with Article 2.16 of this code.
(d) A court or clerk issuing a subpoena shall sign the subpoena and indicate on it the date it was issued, but the subpoena need not be under seal.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 503, ch. 209, Sec. 1, eff. Sept. 1, 1981.
    
Art. 24.011. SUBPOENAS;  CHILD WITNESSES.  (a)  If a witness is younger than 18 years, the court may issue a subpoena directing a person having custody, care, or control of the child to produce the child in court.
(b) If a person, without legal cause, fails to produce the child in court as directed by a subpoena issued under this article, the court may impose on the person penalties for contempt provided by this chapter.  The court may also issue a writ of attachment for the person and the child, in the same manner as other writs of attachment are issued under this chapter.
(c)  If the witness is in a placement in the custody of the Texas Youth Commission, a juvenile secure detention facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court.  When the person is no longer needed as a witness, the court shall order the peace officer or probation officer to return the person to the placement from which the person was released.
(d)  The court may order that the person who is the witness be detained in a certified juvenile detention facility if the person is younger than 17 years of age.  If the person is at least 17 years of age, the court may order that the person be detained without bond in an appropriate county facility for the detention of adults accused of criminal offenses.
(e)  In this article, "secure detention facility" and "secure correctional facility" have the meanings assigned by Section 51.02, Family Code.
  
Acts 1987, 70th Leg., ch. 520, Sec. 1, eff. June 17, 1987.
Amended by: 
Acts 2005, 79th Leg., Ch. 949, Sec. 32, eff. September 1, 2005.
    
Art. 24.02. SUBPOENA DUCES TECUM.  If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.03. SUBPOENA AND APPLICATION THEREFOR.  (a)  Before the clerk or his deputy shall be required or permitted to issue a subpoena in any felony case pending in any district or criminal district court of this State of which he is clerk or deputy, the defendant or his attorney or the State's attorney shall make an application in writing or by electronic means to such clerk for each witness desired.  Such application shall state the name of each witness desired, the location and vocation, if known, and that the testimony of said witness is material to the State or to the defense.  The application must be filed with the clerk and placed with the papers in the cause or, if the application is filed electronically, placed with any other electronic information linked to the number of the cause.  The application must also be made available to both the State and the defendant.  Except as provided by Subsection (b), as far as is practical such clerk shall include in one subpoena the names of all witnesses for the State and for defendant, and such process shall show that the witnesses are summoned for the State or for the defendant.  When a witness has been served with a subpoena, attached or placed under bail at the instance of either party in a particular case, such execution of process shall inure to the benefit of the opposite party in such case in the event such opposite party desires to use such witness on the trial of the case, provided that when a witness has once been served with a subpoena, no further subpoena shall be issued for said witness.
(b) If the defendant is a member of a combination as defined by Section 71.01, Penal Code, the clerk shall issue for each witness a subpoena that does not include a list of the names of all other witnesses for the State or the defendant.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 10.01, eff. Sept. 1, 1993;  Subsec. (a) amended by Acts 1999, 76th Leg., ch. 580, Sec. 4, eff. Sept. 1, 1999;  amended by Acts 1999, 76th Leg., ch. 614, Sec. 2, eff. June 18, 1999.
    
Art. 24.04. SERVICE AND RETURN OF SUBPOENA.  (a)  A subpoena is served by:
(1) reading the subpoena in the hearing of the witness;
(2) delivering a copy of the subpoena to the witness;
(3) electronically transmitting a copy of the subpoena, acknowledgment of receipt requested, to the last known electronic address of the witness;  or
(4) mailing a copy of the subpoena by certified mail, return receipt requested, to the last known address of the witness unless:
(A) the applicant for the subpoena requests in writing that the subpoena not be served by certified mail;  or
(B) the proceeding for which the witness is being subpoenaed is set to begin within seven business days after the date the subpoena would be mailed.
(b) The officer having the subpoena shall make due return thereof, showing the time and manner of service, if served under Subsection (a)(1) or (2) of this article, the acknowledgment of receipt, if served under Subsection (a)(3) of this article, or the return receipt, if served under Subsection (a)(4) of this article.  If the subpoena is not served, the officer shall show in his return the cause of his failure to serve it.  If receipt of an electronically transmitted subpoena is not acknowledged within a reasonable time or a mailed subpoena is returned undelivered, the officer shall use due diligence to locate and serve the witness.  If the witness could not be found, the officer shall state the diligence he has used to find him, and what information he has as to the whereabouts of the witness.
(c) A subpoena served under Subsection (a)(3) of this article must be accompanied by notice that an acknowledgment of receipt of the subpoena must be made in a manner enabling verification of the person acknowledging receipt.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1979, 66th Leg., p. 770, ch. 336, Sec. 1, eff. Aug. 27, 1979.
      
Amended by Acts 1995, 74th Leg., ch. 374, Sec. 1, eff. June 8, 1995;  Acts 1999, 76th Leg., ch. 580, Sec. 5, eff. Sept. 1, 1999.
    
Art. 24.05. REFUSING TO OBEY.  If a witness refuses to obey a subpoena, he may be fined at the discretion of the court, as follows:  In a felony case, not exceeding five hundred dollars;  in a misdemeanor case, not exceeding one hundred dollars.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.06. WHAT IS DISOBEDIENCE OF A SUBPOENA.  It shall be held that a witness refuses to obey a subpoena:
1. If he is not in attendance on the court on the day set apart for taking up the criminal docket or on any day subsequent thereto and before the final disposition or continuance of the particular case in which he is a witness;
2. If he is not in attendance at any other time named in a writ;  and
3. If he refuses without legal cause to produce evidence in his possession which he has been summoned to bring with him and produce.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.07. FINE AGAINST WITNESS CONDITIONAL.  When a fine is entered against a witness for failure to appear and testify, the judgment shall be conditional;  and a citation shall issue to him to show cause, at the term of the court at which said fine is entered, or at the first term thereafter, at the discretion of the judge of said court, why the same should not be final;  provided, citation shall be served upon said witness in the manner and for the length of time prescribed for citations in civil cases.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.08. WITNESS MAY SHOW CAUSE.  A witness cited to show cause, as provided in the preceding Article, may do so under oath, in writing or verbally, at any time before judgment final is entered against him;  but if he fails to show cause within the time limited for answering in civil actions, a judgment final by default shall be entered against him.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.09. COURT MAY REMIT FINE.  It shall be within the discretion of the court to judge of the sufficiency of an excuse rendered by a witness, and upon the hearing the court shall render judgment against the witness for the whole or any part of the fine, or shall remit the fine altogether, as to the court may appear proper and right.  Said fine shall be collected as fines in misdemeanor cases.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.10. WHEN WITNESS APPEARS AND TESTIFIES.  When a fine has been entered against a witness, but no trial of the cause takes place, and such witness afterward appears and testifies upon the trial thereof, it shall be discretionary with the judge, though no good excuse be rendered, to reduce the fine or remit it altogether;  but the witness, in such case, shall, nevertheless, be adjudged to pay all the costs accruing in the proceeding against him by reason of his failure to attend.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.11. REQUISITES OF AN "ATTACHMENT".  An "attachment" is a writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, in any criminal action or proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a day named, or forthwith, to testify in behalf of the State or of the defendant, as the case may be.  It shall be dated and signed officially by the officer issuing it.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.12. WHEN ATTACHMENT MAY ISSUE.  When a witness who resides in the county of the prosecution has been duly served with a subpoena to appear and testify in any criminal action or proceeding fails to so appear, the State or the defendant shall be entitled to have an attachment issued forthwith for such witness.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.13.  ATTACHMENT FOR CONVICT WITNESSES.  All persons who have been or may be convicted in this state, and who are confined in an institution operated by the Texas Department of Criminal Justice or any jail in this state, shall be permitted to testify in person in any court for the state and the defendant when the presiding judge finds, after hearing, that the ends of justice require their attendance, and directs that an attachment issue to accomplish the purpose, notwithstanding any other provision of this code.  Nothing in this article shall be construed as limiting the power of the courts of this state to issue bench warrants.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.013, eff. September 1, 2009.
    
Art. 24.131. NOTIFICATION TO DEPARTMENT OF CRIMINAL JUSTICE.  If after the Texas Department of Criminal Justice transfers a defendant or inmate to a county under Article 24.13 and before that person is returned to the department the person is released on bail or the charges on which the person was convicted and for which the person was transferred to the department are dismissed, the county shall immediately notify an officer designated by the department of the release on bail or the dismissal.
  
Added by Acts 2001, 77th Leg., ch. 857, Sec. 1, eff. June 14, 2001.
    
Art. 24.14. ATTACHMENT FOR RESIDENT WITNESS.  When a witness resides in the county of the prosecution, whether he has disobeyed a subpoena or not, either in term-time or vacation, upon the filing of an affidavit with the clerk by the defendant or State's counsel, that he has good reason to believe, and does believe, that such witness is a material witness, and is about to move out of the county, the clerk shall forthwith issue an attachment for such witness;  provided, that in misdemeanor cases, when the witness makes oath that he cannot give surety, the officer executing the attachment shall take his personal bond.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.15. TO SECURE ATTENDANCE BEFORE GRAND JURY.  At any time before the first day of any term of the district court, the clerk, upon application of the State's attorney, shall issue a subpoena for any witness who resides in the county.  If at the time such application is made, such attorney files a sworn application that he has good reason to believe and does believe that such witness is about to move out of the county, then said clerk shall issue an attachment for such witness to be and appear before said district court on the first day thereof to testify as a witness before the grand jury.  Any witness so summoned, or attached, who shall fail or refuse to obey a subpoena or attachment, shall be punished by the court by a fine not exceeding five hundred dollars, to be collected as fines and costs in other criminal cases.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.16. APPLICATION FOR OUT-COUNTY WITNESS.  Where, in misdemeanor cases in which confinement in jail is a permissible punishment, or in felony cases, a witness resides out of the county in which the prosecution is pending, the State or the defendant shall be entitled, either in term-time or in vacation, to a subpoena to compel the attendance of such witness on application to the proper clerk or magistrate.  Such application shall be in the manner and form as provided in Article 24.03.  Witnesses in such misdemeanor cases shall be compensated in the same manner as in felony cases.  This Article shall not apply to more than one character witness in a misdemeanor case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.17. DUTY OF OFFICER RECEIVING SAID SUBPOENA.  The officer receiving said subpoena shall execute the same by delivering a copy thereof to each witness therein named.  He shall make due return of said subpoena, showing therein the time and manner of executing the same, and if not executed, such return shall show why not executed, the diligence used to find said witness, and such information as the officer has as to the whereabouts of said witness.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.18. SUBPOENA RETURNABLE FORTHWITH.  When a subpoena is returnable forthwith, the officer shall immediately serve the witness with a copy of the same;  and it shall be the duty of said witness to immediately make his appearance before the court, magistrate or other authority issuing the same.  If said witness makes affidavit of his inability from lack of funds to appear in obedience to said subpoena, the officer executing the same shall provide said witness, if said subpoena be issued as provided in Article 24.16, with the necessary funds or means to appear in obedience to said subpoena, taking his receipt therefor, and showing in his return on said subpoena, under oath, the amount furnished to said witness, together with the amount of his fees for executing said subpoena.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.19. CERTIFICATE TO OFFICER.  The clerk, magistrate, or foreman of the grand jury issuing said process, immediately upon the return of said subpoena, if issued as provided in Article 24.16, shall issue to such officer a certificate for the amount furnished such witness, together with the amount of his fees for executing the same, showing the amount of each item;  which certificate shall be approved by the district judge and recorded by the district clerk in a book kept for that purpose;  and said certificate transmitted to the officer executing such subpoena, which amount shall be paid by the State, as costs are paid in other criminal matters.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.20. SUBPOENA RETURNABLE AT FUTURE DATE.  If the subpoena be returnable at some future date, the officer shall have authority to take bail of such witness for his appearance under said subpoena, which bond shall be returned with such subpoena, and shall be made payable to the State of Texas, in the amount in which the witness and his surety, if any, shall be bound and conditioned for the appearance of the witness at the time and before the court, magistrate or grand jury named in said subpoena, and shall be signed by the witness and his sureties.  If the witness refuses to give bond, he shall be kept in custody until such time as he starts in obedience to said subpoena, when he shall be, upon affidavit being made, provided with funds necessary to appear in obedience to said subpoena.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.21. STATING BAIL IN SUBPOENA.  The court or magistrate issuing said subpoena may direct therein the amount of the bail to be required.  The officer may fix the amount if not specified, and in either case, shall require sufficient security, to be approved by himself.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.22. WITNESS FINED AND ATTACHED.  If a witness summoned from without the county refuses to obey a subpoena, he shall be fined by the court or magistrate not exceeding five hundred dollars, which fine and judgment shall be final, unless set aside after due notice to show cause why it should not be final, which notice may immediately issue, requiring the defaulting witness to appear at once or at the next term of said court, in the discretion of the judge, to answer for such default.  The court may cause to be issued at the same time an attachment for said witness, directed to the proper county, commanding the officer to whom said writ is directed to take said witness into custody and have him before said court at the time named in said writ;  in which case such witness shall receive no fees, unless it appears to the court that such disobedience is excusable, when the witness may receive the same pay as if he had not been attached.  Said fine when made final and all costs thereon shall be collected as in other criminal cases.  Said fine and judgment may be set aside in vacation or at the time or any subsequent term of the court for good cause shown, after the witness testifies or has been discharged.  The following words shall be written or printed on the face of such subpoena for out-county witnesses:  "A disobedience of this subpoena is punishable by fine not exceeding five hundred dollars, to be collected as fines and costs in other criminal cases."
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.23. WITNESS RELEASED.  A witness who is in custody for failing to give bail shall be at once released upon giving bail required.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.24. BAIL FOR WITNESS.  Witnesses on behalf of the State or defendant may, at the request of either party, be required to enter into bail in an amount to be fixed by the court to appear and testify in a criminal action;  but if it shall appear to the court that any witness is unable to give security upon such bail, he shall be released without security.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.25. PERSONAL BOND OF WITNESS.  When it appears to the satisfaction of the court that personal bond of the witness will insure his attendance, no security need be required of him;  but no bond without security shall be taken by any officer.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.26. ENFORCING FORFEITURE.  The bond of a witness may be enforced against him and his sureties, if any, in the manner pointed out in this Code for enforcing the bond of a defendant in a criminal case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.27. NO SURRENDER AFTER FORFEITURE.  The sureties of a witness have no right to discharge themselves by the surrender of the witness after the forfeiture of their bond.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 24.28. UNIFORM ACT TO SECURE ATTENDANCE OF WITNESSES FROM WITHOUT STATE.
Short Title

Sec. 1. This Act may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Proceedings".
Definitions

Sec. 2. "Witness" as used in this Act shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "State" shall include any territory of the United States and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
Summoning witness in this State to testify in another State

Sec. 3.  (a)  If a judge of a court of record in any State which by its laws has made provision for commanding persons within that State to attend and testify in this State certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this State is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
(b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other State, and that the laws of the State in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, (and of any other State through which the witness may be required to pass by ordinary course of travel), will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons.  In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
(c) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting State to assure his attendance in the requesting State, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing;  and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting State.
(d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the compensation for nonresident witnesses authorized and provided for by Article 35.27 of this Code, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
Witness from another State summoned to testify in this State

Sec. 4.  (a)  If a person in any State, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required.  Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure his attendance in this State.  This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(b) If the witness is summoned to attend and testify in this State he shall be tendered the compensation for nonresident witnesses authorized by Article 35.27 of this Code, together with such additional compensation, if any, required by the other State for compliance.  A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court.  If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State.
Exemption from arrest and service of process

Sec. 5. If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
If a person passes through this State while going to another State in obedience to a summons to attend and testify in that State or while returning therefrom, he shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this State under the summons.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 1285, ch. 477, Sec. 1, eff. Aug. 27, 1973.
    
Art. 24.29. UNIFORM ACT TO SECURE RENDITION OF PRISONERS IN CRIMINAL PROCEEDINGS.
Short title

Sec. 1. This article may be cited as the "Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings."
Definitions

Sec. 2. In this Act:
(1) "Penal institution" means a jail, prison, penitentiary, house of correction, or other place of penal detention.
(2) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
(3) "Witness" means a person who is confined in a penal institution in a state and whose testimony is desired in another state in a criminal proceeding or investigation by a grand jury or in any criminal action before a court.
Summoning witness in this state to testify in another state

Sec. 3.  (a)  A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify that:
(1) there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;
(2) a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action;  and
(3) his presence will be required during a specified time.
(b) On presentation of the certificate to any judge having jurisdiction over the person confined and on notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
Court order

Sec. 4.  (a)  A judge may issue a transfer order if at the hearing the judge determines that:
(1) the witness may be material and necessary;
(2) his attending and testifying are not adverse to the interest of this state or to the health or legal rights of the witness;
(3) the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order;  and
(4) as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass.
(b) If a judge issues an order under Subsection (a) of this section, the judge shall attach to the order a copy of a certificate presented under Section 3 of this Act.  The order shall:
(1) direct the witness to attend and testify;
(2) except as provided by Subsection (c) of this section, direct the person having custody of the witness to produce him in the court where the criminal action is pending or where the grand jury investigation is pending at a time and place specified in the order;  and
(3) prescribe such conditions as the judge shall determine.
(c)  The judge, in lieu of directing the person having custody of the witness to produce him in the requesting jurisdiction's court, may direct and require in his order that:
(1)  an officer of the requesting jurisdiction come to the Texas penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction;
(2)  the requesting jurisdiction provide proper safeguards on his custody while in transit;
(3)  the requesting jurisdiction be liable for and pay all expenses incurred in producing and returning the witness, including but not limited to food, lodging, clothing, and medical care; and
(4)  the requesting jurisdiction promptly deliver the witness back to the same or another Texas penal institution as specified by the Texas Department of Criminal Justice at the conclusion of his testimony.
Terms and conditions

Sec. 5. An order to a witness and to a person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness.  The order may prescribe any other condition the judge thinks proper or necessary.  The judge shall not require prepayment of expenses if the judge directs and requires the requesting jurisdiction to accept custody of the witness at the Texas penal institution in which the witness is confined and to deliver the witness back to the same or another Texas penal institution at the conclusion of his testimony.  An order does not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Exceptions

Sec. 6. This Act does not apply to a person in this state who is confined as mentally ill or who is under sentence of death.
Prisoner from another state summoned to testify in this state

Sec. 7.  (a)  If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that:
(1) there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;
(2) a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action;  and
(3) his presence will be required during a specified time.
(b) The judge of the court in this state shall:
(1) present the certificate to a judge of a court of record in the other state having jurisdiction over the prisoner confined;  and
(2) give notice that the prisoner's presence will be required to the attorney general of the state in which the prisoner is confined.
Compliance

Sec. 8. A judge of the court in this state may enter an order directing compliance with the terms and conditions of an order specified in a certificate under Section 3 of this Act and entered by the judge of the state in which the witness is confined.
Exemption from arrest and service of process

Sec. 9. If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, while in this state pursuant to the order he is not subject to arrest or the service of civil or criminal process because of any act committed prior to his arrival in this state under the order.
Uniformity of interpretation

Sec. 10. This Act shall be so construed as to effect its general purpose to make uniform the laws of those states which enact it.
  
Acts 1983, 68th Leg., p. 1068, ch. 240, Sec. 1, eff. Aug. 29, 1983.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.014, eff. September 1, 2009.
      					  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 24A.  RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS; PRESERVING CERTAIN INFORMATION

SUBCHAPTER A.  RESPONDING TO SUBPOENAS AND CERTAIN OTHER COURT ORDERS

Art. 24A.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a subpoena, search warrant, or other court order that:
(1)  relates to the investigation or prosecution of a criminal offense under Section 33.021, Penal Code; and
(2)  is served on or issued with respect to an Internet service provider that provides service in this state.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
    
Art. 24A.002.  RESPONSE REQUIRED; DEADLINE FOR RESPONSE.  (a)  Except as provided by Subsection (b), not later than the 10th day after the date on which an Internet service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the Internet service provider shall:
(1)  fully comply with the subpoena, warrant, or order; or
(2)  petition a court to excuse the Internet service provider from complying with the subpoena, warrant, or order.
(b)  As soon as is practicable, and in no event later than the second business day after the date the Internet service provider is served with or otherwise receives a subpoena, search warrant, or other court order described by Article 24A.001, the Internet service provider shall fully comply with the subpoena, search warrant, or order if the subpoena, search warrant, or order indicates that full compliance is necessary to address a situation that threatens a person with death or other serious bodily injury.
(c)  For the purposes of Subsection (a)(1), full compliance with the subpoena, warrant, or order includes:
(1)  producing or providing, to the extent permitted under federal law, all documents or information requested under the subpoena, warrant, or order; or
(2)  providing, to the extent permitted under federal law, electronic access to all documents or information requested under the subpoena, warrant, or order.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
    
Art. 24A.003.  DISOBEYING SUBPOENA, WARRANT, OR ORDER.  An Internet service provider that disobeys a subpoena, search warrant, or other court order described by Article 24A.001 and that was not excused from complying with the subpoena, warrant, or order under Article 24A.002(a)(2) may be punished in any manner provided by law.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
    
SUBCHAPTER B.  PRESERVING CERTAIN INFORMATION

Art. 24A.051.  PRESERVING INFORMATION.  (a)  On written request of a law enforcement agency in this state or a federal law enforcement agency and pending the issuance of a subpoena or other court order described by Article 24A.001, an Internet service provider that provides service in this state shall take all steps necessary to preserve all records or other potential evidence in a criminal trial that is in the possession of the Internet service provider.
(b)  Subject to Subsection (c), an Internet service provider shall preserve information under Subsection (a) for a period of 90 days after the date the Internet service provider receives the written request described by Subsection (a).
(c)  An Internet service provider shall preserve information under Subsection (a) for the 90-day period immediately following the 90-day period described by Subsection (b) if the requesting law enforcement agency in writing requests an extension of the preservation period.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 2, eff. September 1, 2007.
      		  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 25. SERVICE OF A COPY OF THE INDICTMENT

Art. 25.01. IN FELONY.  In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk of the court where an indictment has been presented shall immediately make a certified copy of the same, and deliver such copy to the sheriff, together with a writ directed to such sheriff, commanding him forthwith to deliver such certified copy to the accused.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 25.02. SERVICE AND RETURN.  Upon receipt of such writ and copy, the sheriff shall immediately deliver such certified copy of the indictment to the accused and return the writ to the clerk issuing the same, with his return thereon, showing when and how the same was executed.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 25.03. IF ON BAIL IN FELONY.  When the accused, in case of felony, is on bail at the time the indictment is presented, it is not necessary to serve him with a copy, but the clerk shall on request deliver a copy of the same to the accused or his counsel, at the earliest possible time.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 25.04. IN MISDEMEANOR.  In misdemeanors, it shall not be necessary before trial to furnish the accused with a copy of the indictment or information;  but he or his counsel may demand a copy, which shall be given as early as possible.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 26. ARRAIGNMENT

Art. 26.01. ARRAIGNMENT.  In all felony cases, after indictment, and all misdemeanor cases punishable by imprisonment, there shall be an arraignment.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.011. WAIVER OF ARRAIGNMENT.  An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver.
  
Added by Acts 2001, 77th Leg., ch. 818, Sec. 1, eff. June 14, 2001.
    
Art. 26.02. PURPOSE OF ARRAIGNMENT.  An arraignment takes place for the purpose of fixing his identity and hearing his plea.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.03. TIME OF ARRAIGNMENT.  No arraignment shall take place until the expiration of at least two entire days after the day on which a copy of the indictment was served on the defendant, unless the right to such copy or to such delay be waived, or unless the defendant is on bail.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.04. PROCEDURES FOR APPOINTING COUNSEL.  (a)  The judges of the county courts, statutory county courts, and district courts trying criminal cases in each county, by local rule, shall adopt and publish written countywide procedures for timely and fairly appointing counsel for an indigent defendant in the county arrested for or charged with a misdemeanor punishable by confinement or a felony.  The procedures must be consistent with this article and Articles 1.051, 15.17, 26.05, and 26.052.  A court shall appoint an attorney from a public appointment list using a system of rotation, unless the court appoints an attorney under Subsection (f), (h), or (i).  The court shall appoint attorneys from among the next five names on the appointment list in the order in which the attorneys' names appear on the list, unless the court makes a finding of good cause on the record for appointing an attorney out of order.  An attorney who is not appointed in the order in which the attorney's name appears on the list shall remain next in order on the list.
(b)  Procedures adopted under Subsection (a) shall:
(1)  authorize only the judges of the county courts, statutory county courts, and district courts trying criminal cases in the county, or the judges' designee, to appoint counsel for indigent defendants in the county;
(2)  apply to each appointment of counsel made by a judge or the judges' designee in the county;
(3)  ensure that each indigent defendant in the county who is charged with a misdemeanor punishable by confinement or with a felony and who appears in court without counsel has an opportunity to confer with appointed counsel before the commencement of judicial proceedings;
(4)  require appointments for defendants in capital cases in which the death penalty is sought to comply with any applicable requirements under Articles 11.071 and 26.052;
(5)  ensure that each attorney appointed from a public appointment list to represent an indigent defendant perform the attorney's duty owed to the defendant in accordance with the adopted procedures, the requirements of this code, and applicable rules of ethics; and
(6)  ensure that appointments are allocated among qualified attorneys in a manner that is fair, neutral, and nondiscriminatory.
(c) Whenever a court or the courts' designee authorized under Subsection (b) to appoint counsel for indigent defendants in the county determines that a defendant charged with a felony or a misdemeanor punishable by confinement is indigent or that the interests of justice require representation of a defendant in a criminal proceeding, the court or the courts' designee shall appoint one or more practicing attorneys to defend the defendant in accordance with this subsection and the procedures adopted under Subsection (a).  If the court or the courts' designee determines that the defendant does not speak and understand the English language or that the defendant is deaf, the court or the courts' designee shall make an effort to appoint an attorney who is capable of communicating in a language understood by the defendant.
(d) A public appointment list from which an attorney is appointed as required by Subsection (a) shall contain the names of qualified attorneys, each of whom:
(1) applies to be included on the list;
(2) meets the objective qualifications specified by the judges under Subsection (e);
(3) meets any applicable qualifications specified by the Task Force on Indigent Defense;  and
(4) is approved by a majority of the judges who established the appointment list under Subsection (e).
(e) In a county in which a court is required under Subsection (a) to appoint an attorney from a public appointment list:
(1) the judges of the county courts and statutory county courts trying misdemeanor cases in the county, by formal action:
(A) shall:
(i) establish a public appointment list of attorneys qualified to provide representation in the county in misdemeanor cases punishable by confinement;  and
(ii) specify the objective qualifications necessary for an attorney to be included on the list;  and
(B) may establish, if determined by the judges to be appropriate, more than one appointment list graduated according to the degree of seriousness of the offense and the attorneys' qualifications;  and
(2) the judges of the district courts trying felony cases in the county, by formal action:
(A) shall:
(i) establish a public appointment list of attorneys qualified to provide representation in felony cases in the county;  and
(ii) specify the objective qualifications necessary for an attorney to be included on the list;  and
(B) may establish, if determined by the judges to be appropriate, more than one appointment list graduated according to the degree of seriousness of the offense and the attorneys' qualifications.
(f) In a county in which a public defender is appointed under Article 26.044, the court or the courts' designee may appoint the public defender to represent the defendant in accordance with guidelines established for the public defender.
(g) A countywide alternative program for appointing counsel for indigent defendants in criminal cases is established by a formal action in which two-thirds of the judges of the courts designated under this subsection vote to establish the alternative program.  An alternative program for appointing counsel in misdemeanor and felony cases may be established in the manner provided by this subsection by the judges of the county courts, statutory county courts, and district courts trying criminal cases in the county.  An alternative program for appointing counsel in misdemeanor cases may be established in the manner provided by this subsection by the judges of the county courts and statutory county courts trying criminal cases in the county.  An alternative program for appointing counsel in felony cases may be established in the manner provided by this subsection by the judges of the district courts trying criminal cases in the county.  In a county in which an alternative program is established:
(1) the alternative program may:
(A) use a single method for appointing counsel or a combination of methods;  and
(B) use a multicounty appointment list using a system of rotation;  and
(2) the procedures adopted under Subsection (a) must ensure that:
(A) attorneys appointed using the alternative program to represent defendants in misdemeanor cases punishable by confinement:
(i) meet specified objective qualifications, which may be graduated according to the degree of seriousness of the offense, for providing representation in misdemeanor cases punishable by confinement;  and
(ii) are approved by a majority of the judges of the county courts and statutory county courts trying misdemeanor cases in the county;
(B) attorneys appointed using the alternative program to represent defendants in felony cases:
(i) meet specified objective qualifications, which may be graduated according to the degree of seriousness of the offense, for providing representation in felony cases;  and
(ii) are approved by a majority of the judges of the district courts trying felony cases in the county;
(C) appointments for defendants in capital cases in which the death penalty is sought comply with the requirements of Article 26.052;  and
(D) appointments are reasonably and impartially allocated among qualified attorneys.
(h) In a county in which an alternative program for appointing counsel is established as provided by Subsection (g) and is approved by the presiding judge of the administrative judicial region, a court or the courts' designee may appoint an attorney to represent an indigent defendant by using the alternative program.  In establishing an alternative program under Subsection (g), the judges of the courts establishing the program may not, without the approval of the commissioners court, obligate the county by contract or by the creation of new positions that cause an increase in expenditure of county funds.
(i) A court or the courts' designee required under Subsection (c) to appoint an attorney to represent a defendant accused of a felony may appoint an attorney from any county located in the court's administrative judicial region.
(j) An attorney appointed under this article shall:
(1) make every reasonable effort to contact the defendant not later than the end of the first working day after the date on which the attorney is appointed and to interview the defendant as soon as practicable after the attorney is appointed;  and
(2) represent the defendant until charges are dismissed, the defendant is acquitted, appeals are exhausted, or the attorney is relieved of his duties by the court or replaced by other counsel after a finding of good cause is entered on the record.
(k) A court may replace an attorney who violates Subsection (j)(1) with other counsel.  A majority of the judges of the county courts and statutory county courts or the district courts, as appropriate, trying criminal cases in the county may remove from consideration for appointment an attorney who intentionally or repeatedly violates Subsection (j)(1).
(l) Procedures adopted under Subsection (a) must include procedures and financial standards for determining whether a defendant is indigent.  The procedures and standards shall apply to each defendant in the county equally, regardless of whether the defendant is in custody or has been released on bail.
(m) In determining whether a defendant is indigent, the court or the courts' designee may consider the defendant's income, source of income, assets, property owned, outstanding obligations, necessary expenses, the number and ages of dependents, and spousal income that is available to the defendant. The court or the courts' designee may not consider whether the defendant has posted or is capable of posting bail, except to the extent that it reflects the defendant's financial circumstances as measured by the considerations listed in this subsection.
(n) A defendant who requests a determination of indigency and appointment of counsel shall:
(1) complete under oath a questionnaire concerning his financial resources;
(2) respond under oath to an examination regarding his financial resources by the judge or magistrate responsible for determining whether the defendant is indigent;  or
(3) complete the questionnaire and respond to examination by the judge or magistrate.
(o) Before making a determination of whether a defendant is indigent, the court shall request the defendant to sign under oath a statement substantially in the following form:
"On this ________ day of ____________, 20 ___, I have been advised by the (name of the court) Court of my right to representation by counsel in the trial of the charge pending against me.  I am without means to employ counsel of my own choosing and I hereby request the court to appoint counsel for me.  (signature of the defendant)"

(p) A defendant who is determined by the court to be indigent is presumed to remain indigent for the remainder of the proceedings in the case unless a material change in the defendant's financial circumstances occurs. If there is a material change in financial circumstances after a determination of indigency or nonindigency is made, the defendant, the defendant's counsel, or the attorney representing the state may move for reconsideration of the determination.
(q) A written or oral statement elicited under this article or evidence derived from the statement may not be used for any purpose, except to determine the defendant's indigency or to impeach the direct testimony of the defendant.  This subsection does not prohibit prosecution of the defendant under Chapter 37, Penal Code.
(r) A court may not threaten to arrest or incarcerate a person solely because the person requests the assistance of counsel.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1987, 70th Leg., ch. 979, Sec. 2, eff. Sept. 1, 1987.
      
Amended by Acts 2001, 77th Leg., ch. 906, Sec. 6, eff. Jan. 1, 2002.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 6, eff. September 1, 2009.
    
Art. 26.044. PUBLIC DEFENDER.  (a)  In this chapter:
(1)  "Governmental entity" includes a county, a group of counties, a branch or agency of a county, an administrative judicial region created by Section 74.042, Government Code, and any entity created under the Interlocal Cooperation Act as permitted by Chapter 791, Government Code.
(2)  "Public defender" means a governmental entity or nonprofit corporation:
(A)  operating under a written agreement with a governmental entity, other than an individual judge or court;
(B)  using public funds; and
(C)  providing legal representation and services to indigent defendants accused of a crime or juvenile offense, as those terms are defined by Section 71.001, Government Code.
(3)  "Office of capital writs" means the office of capital writs established under Subchapter B, Chapter 78, Government Code.
(b) The commissioners court of any county, on written approval of a judge of a county court, statutory county court, or district court trying criminal cases in the county, may appoint a governmental entity or nonprofit corporation to serve as a public defender.  The commissioners courts of two or more counties may enter into a written agreement to jointly appoint and fund a regional public defender. In appointing a public defender under this subsection, the commissioners court shall specify or the commissioners courts shall jointly specify, if appointing a regional public defender:
(1) the duties of the public defender;
(2) the types of cases to which the public defender may be appointed under Article 26.04(f) and the courts in which the public defender may be required to appear;
(3) whether the public defender is appointed to serve a term or serve at the pleasure of the commissioners court or the commissioners courts;  and
(4) if the public defender is appointed to serve a term, the term of appointment and the procedures for removing the public defender.
(c) Before appointing a public defender under Subsection (b), the commissioners court or commissioners courts shall solicit proposals for the public defender.  A proposal must include:
(1) a budget for the public defender, including salaries;
(2) a description of each personnel position, including the chief public defender position;
(3) the maximum allowable caseloads for each attorney employed by the proponent;
(4) provisions for personnel training;
(5) a description of anticipated overhead costs for the public defender;  and
(6) policies regarding the use of licensed investigators and expert witnesses by the proponent.
(d) After considering each proposal for the public defender submitted by a governmental entity or nonprofit corporation, the commissioners court or commissioners courts shall select a proposal that reasonably demonstrates that the proponent will provide adequate quality representation for indigent defendants in the county or counties.
(e) The total cost of the proposal may not be the sole consideration in selecting a proposal.
(f) To be eligible for appointment as a public defender, the governmental entity or nonprofit corporation must be directed by a chief public defender who:
(1) is a member of the State Bar of Texas;
(2) has practiced law for at least three years;  and
(3) has substantial experience in the practice of criminal law.
(g) A public defender is entitled to receive funds for personnel costs and expenses incurred in operating as a public defender in amounts fixed by the commissioners court and paid out of the appropriate county fund, or jointly fixed by the commissioners courts and proportionately paid out of each appropriate county fund if the public defender serves more than one county.
(h) A public defender may employ attorneys, licensed investigators, and other personnel necessary to perform the duties of the public defender as specified by the commissioners court or commissioners courts under Subsection (b)(1).
(i) Except as authorized by this article, the chief public defender or an attorney employed by a public defender may not:
(1) engage in the private practice of criminal law;  or
(2) accept anything of value not authorized by this article for services rendered under this article.
(j) A public defender may refuse an appointment under Article 26.04(f) if:
(1) a conflict of interest exists;
(2) the public defender has insufficient resources to provide adequate representation for the defendant;
(3) the public defender is incapable of providing representation for the defendant in accordance with the rules of professional conduct;  or
(4) the public defender shows other good cause for refusing the appointment.
(k) The judge may remove a public defender who violates a provision of Subsection (i).
(l) A public defender may investigate the financial condition of any person the public defender is appointed to represent.  The defender shall report the results of the investigation to the appointing judge.  The judge may hold a hearing to determine if the person is indigent and entitled to representation under this article.
(m) If it is necessary that an attorney other than a public defender be appointed, the attorney is entitled to the compensation provided by Article 26.05 of this code.
(n)  An attorney employed by a public defender's office may be appointed with respect to an application for a writ of habeas corpus only if:
(1)  an attorney employed by the office of capital writs is not appointed in the case; and
(2)  the attorney employed by the public defender's office is on the list of competent counsel maintained under Section 78.056, Government Code.
  
Added by Acts 1985, 69th Leg., ch. 480, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 4.03(a), eff. Sept. 1, 1987.
      
Amended by Acts 2001, 77th Leg., ch. 906, Sec. 7, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 965, Sec. 6, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 7, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 8, eff. September 1, 2009.
    
Art. 26.05. COMPENSATION OF COUNSEL APPOINTED TO DEFEND.  (a)  A counsel, other than an attorney with a public defender or an attorney employed by the office of capital writs, appointed to represent a defendant in a criminal proceeding, including a habeas corpus hearing, shall be paid a reasonable attorney's fee for performing the following services, based on the time and labor required, the complexity of the case, and the experience and ability of the appointed counsel:
(1)  time spent in court making an appearance on behalf of the defendant as evidenced by a docket entry, time spent in trial, and time spent in a proceeding in which sworn oral testimony is elicited;
(2)  reasonable and necessary time spent out of court on the case, supported by any documentation that the court requires;
(3)  preparation of an appellate brief and preparation and presentation of oral argument to a court of appeals or the Court of Criminal Appeals; and
(4)  preparation of a motion for rehearing.
(b) All payments made under this article shall be paid in accordance with a schedule of fees adopted by formal action of the judges of the county courts, statutory county courts, and district courts trying criminal cases in each county.  On adoption of a schedule of fees as provided by this subsection, a copy of the schedule shall be sent to the commissioners court of the county.
(c)  Each fee schedule adopted shall state reasonable fixed rates or minimum and maximum hourly rates, taking into consideration reasonable and necessary overhead costs and the availability of qualified attorneys willing to accept the stated rates, and shall provide a form for the appointed counsel to itemize the types of services performed. No payment shall be made under this article until the form for itemizing the services performed is submitted to the judge presiding over the proceedings and the judge approves the payment.  If the judge disapproves the requested amount of payment, the judge shall make written findings stating the amount of payment that the judge approves and each reason for approving an amount different from the requested amount.  An attorney whose request for payment is disapproved or is not otherwise acted on by the 60th day after the date the request for payment is submitted may appeal the disapproval or failure to act by filing a motion with the presiding judge of the administrative judicial region.  On the filing of a motion, the presiding judge of the administrative judicial region shall review the disapproval of payment or failure to act and determine the appropriate amount of payment.  In reviewing the disapproval or failure to act, the presiding judge of the administrative judicial region may conduct a hearing.  Not later than the 45th day after the date an application for payment of a fee is submitted under this article, the commissioners court shall pay to the appointed counsel the amount that is approved by the presiding judge of the administrative judicial region and that is in accordance with the fee schedule for that county.
(d) A counsel in a noncapital case, other than an attorney with a public defender, appointed to represent a defendant under this code shall be reimbursed for reasonable and necessary expenses, including expenses for investigation and for mental health and other experts.  Expenses incurred with prior court approval shall be reimbursed in the same manner provided for capital cases by Articles 26.052(f) and (g), and expenses incurred without prior court approval shall be reimbursed in the manner provided for capital cases by Article 26.052(h).
(e) A majority of the judges of the county courts and statutory county courts or the district courts, as appropriate, trying criminal cases in the county may remove an attorney from consideration for appointment if, after a hearing, it is shown that the attorney submitted a claim for legal services not performed by the attorney.
(f) All payments made under this article shall be paid from the general fund of the county in which the prosecution was instituted or habeas corpus hearing held and may be included as costs of court.
(g) If the court determines that a defendant has financial resources that enable him to offset in part or in whole the costs of the legal services provided, including any expenses and costs, the court shall order the defendant to pay during the pendency of the charges or, if convicted, as court costs the amount that it finds the defendant is able to pay.
(h) Reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under Chapter 1702, Occupations Code, or to an expert witness in the manner designated by appointed counsel and approved by the court.
(i)  The indigent defense representation fund is a separate account in the general revenue fund.  The fund:
(1)  consists of criminal fees collected under Section 133.107, Local Government Code; and
(2)  may be used only for the purposes for which the fair defense account established under Section 71.058, Government Code, may be used, including compensating appointed counsel in accordance with this code.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1969, 61st Leg., p. 1054, ch. 347, Sec. 1, eff. May 27, 1969;  Acts 1971, 62nd Leg., p. 1777, ch. 520, Sec. 1, eff. Aug. 30, 1971;  Acts 1973, 63rd Leg., p. 1126, ch. 426, art. 3, Sec. 3, eff. June 14, 1973;  Acts 1981, 67th Leg., p. 803, ch. 291, Sec. 106, eff. Sept. 1, 1981;  Acts 1987, 70th Leg., ch. 979, Sec. 3, eff. Sept. 1, 1987.
      
Subsec. (f) added by Acts 1999, 76th Leg., ch. 837, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 906, Sec. 8, eff. Jan. 1, 2002;  Subsec. (f) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.734, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 781, Sec. 9, eff. September 1, 2009.
    
Art. 26.051. INDIGENT INMATE DEFENSE.  (a)  In this article:
(1) "Board" means the Texas Board of Criminal Justice.
(2)  "Correctional institutions division" means the correctional institutions division of the Texas Department of Criminal Justice.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 7, eff. September 1, 2007.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 7, eff. September 1, 2007.
(d)  A court shall:
(1)  notify the board if it determines that a defendant before the court is indigent and is an inmate charged with an offense committed while in the custody of the correctional institutions division or a correctional facility authorized by Section 495.001, Government Code; and
(2)  request that the board provide legal representation for the inmate.
(e) The board shall provide legal representation for inmates described by Subsection (d) of this section.  The board may employ attorneys, support staff, and any other personnel required to provide legal representation for those inmates.  All personnel employed under this article are directly responsible to the board in the performance of their duties.  The board shall pay all fees and costs associated with providing legal representation for those inmates.
(f) Repealed by Acts 1993, 73rd Leg., ch. 988, Sec. 7.02, eff. Sept. 1, 1993.
(g) The court shall appoint an attorney other than an attorney provided by the board if the court determines for any of the following reasons that a conflict of interest could arise from the use of an attorney provided by the board under Subsection (e) of this article:
(1) the case involves more than one inmate and the representation of more than one inmate could impair the attorney's effectiveness;
(2) the case is appealed and the court is satisfied that conflict of interest would prevent the presentation of a good faith allegation of ineffective assistance of counsel by a trial attorney provided by the board;  or
(3) any conflict of interest exists under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas that precludes representation by an attorney appointed by the board.
(h)  When the court appoints an attorney other than an attorney provided by the board:
(1)  except as otherwise provided by this article, the inmate's legal defense is subject to Articles 1.051, 26.04, 26.05, and 26.052, as applicable; and
(2)  the county in which a facility of the correctional institutions division or a correctional facility authorized by Section 495.001, Government Code, is located shall pay from its general fund the total costs of the aggregate amount allowed and awarded by the court for attorney compensation and expenses under Article 26.05 or 26.052, as applicable.
(i)  The state shall reimburse a county for attorney compensation and expenses awarded under Subsection (h).  A court seeking reimbursement for a county shall certify to the comptroller of public accounts the amount of compensation and expenses for which the county is entitled to be reimbursed under this article.  Not later than the 60th day after the date the comptroller receives from the court the request for reimbursement, the comptroller shall issue a warrant to the county in the amount certified by the court.
  
Added by Acts 1990, 71st Leg., 6th C.S., ch. 15, Sec. 2, eff. June 14, 1990.  Subsec. (c) amended by and Subsec. (f) added by Acts 1991, 72nd Leg., ch. 719, Sec. 1, eff. Sept. 1, 1991;  Subsec. (f) repealed by Acts 1993, 73rd Leg., ch. 988, Sec. 7.02, eff. Sept. 1, 1993;  Subsecs. (g), (h) added by Acts 1993, 73rd Leg., ch. 988, Sec. 7.01, eff. Sept. 1, 1993.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1014, Sec. 7, eff. September 1, 2007.
    
Art. 26.052. APPOINTMENT OF COUNSEL IN DEATH PENALTY CASE;  REIMBURSEMENT OF INVESTIGATIVE EXPENSES.  (a)  Notwithstanding any other provision of this chapter, this article establishes procedures in death penalty cases for appointment and payment of counsel to represent indigent defendants at trial and on direct appeal and to apply for writ of certiorari in the United States Supreme Court.
(b) If a county is served by a public defender's office, trial counsel and counsel for direct appeal or to apply for a writ of certiorari may be appointed as provided by the guidelines established by the public defender's office.  In all other cases in which the death penalty is sought, counsel shall be appointed as provided by this article.
(c) A local selection committee is created in each administrative judicial region created under Section 74.042, Government Code.  The administrative judge of the judicial region shall appoint the members of the committee.  A committee shall have not less than four members, including:
(1) the administrative judge of the judicial region;
(2) at least one district judge;
(3) a representative from the local bar association;  and
(4) at least one practitioner who is board certified by the State Bar of Texas in criminal law.
(d)(1)  The committee shall adopt standards for the qualification of attorneys to be appointed to represent indigent defendants in capital cases in which the death penalty is sought.
(2)  The standards must require that a trial attorney appointed as lead counsel to a capital case:
(A)  be a member of the State Bar of Texas;
(B)  exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases;
(C)  have not been found by a federal or state court to have rendered ineffective assistance of counsel during the trial or appeal of any capital case;
(D)  have at least five years of criminal law experience;
(E)  have tried to a verdict as lead defense counsel a significant number of felony cases, including homicide trials and other trials for offenses punishable as second or first degree felonies or capital felonies;
(F)  have trial experience in:
(i)  the use of and challenges to mental health or forensic expert witnesses; and
(ii)  investigating and presenting mitigating evidence at the penalty phase of a death penalty trial; and
(G)  have participated in continuing legal education courses or other training relating to criminal defense in death penalty cases.
(3)  The standards must require that an attorney appointed as lead appellate counsel in the direct appeal of a capital case:
(A)  be a member of the State Bar of Texas;
(B)  exhibit proficiency and commitment to providing quality representation to defendants in death penalty cases;
(C)  have not been found by a federal or state court to have rendered ineffective assistance of counsel during the trial or appeal of any capital case;
(D)  have at least five years of criminal law experience;
(E)  have authored a significant number of appellate briefs, including appellate briefs for homicide cases and other cases involving an offense punishable as a capital felony or a felony of the first degree or an offense described by Section 3g(a)(1), Article 42.12;
(F)  have trial or appellate experience in:
(i)  the use of and challenges to mental health or forensic expert witnesses; and
(ii)  the use of mitigating evidence at the penalty phase of a death penalty trial; and
(G)  have participated in continuing legal education courses or other training relating to criminal defense in appealing death penalty cases.
(4)  The committee shall prominently post the standards in each district clerk's office in the region with a list of attorneys qualified for appointment.
(5)  Not later than the second anniversary of the date an attorney is placed on the list of attorneys qualified for appointment in death penalty cases and each year following the second anniversary, the attorney must present proof to the committee that the attorney has successfully completed the minimum continuing legal education requirements of the State Bar of Texas, including a course or other form of training relating to criminal defense in death penalty cases or in appealing death penalty cases, as applicable.  The committee shall remove the attorney's name from the list of qualified attorneys if the attorney fails to provide the committee with proof of completion of the continuing legal education requirements.
(e) The presiding judge of the district court in which a capital felony case is filed shall appoint two attorneys, at least one of whom must be qualified under this chapter, to represent an indigent defendant as soon as practicable after charges are filed, unless the state gives notice in writing that the state will not seek the death penalty.
(f) Appointed counsel may file with the trial court a pretrial ex parte confidential request for advance payment of expenses to investigate potential defenses.  The request for expenses must state:
(1) the type of investigation to be conducted;
(2) specific facts that suggest the investigation will result in admissible evidence;  and
(3) an itemized list of anticipated expenses for each investigation.
(g) The court shall grant the request for advance payment of expenses in whole or in part if the request is reasonable.  If the court denies in whole or in part the request for expenses, the court shall:
(1) state the reasons for the denial in writing;
(2) attach the denial to the confidential request;  and
(3) submit the request and denial as a sealed exhibit to the record.
(h) Counsel may incur expenses without prior approval of the court.  On presentation of a claim for reimbursement, the court shall order reimbursement of counsel for the expenses, if the expenses are reasonably necessary and reasonably incurred.
(i) If the indigent defendant is convicted of a capital felony and sentenced to death, the defendant is entitled to be represented by competent counsel on appeal and to apply for a writ of certiorari to the United States Supreme Court.
(j) As soon as practicable after a death sentence is imposed in a capital felony case, the presiding judge of the convicting court shall appoint counsel to represent an indigent defendant on appeal and to apply for a writ of certiorari, if appropriate.
(k) The court may not appoint an attorney as counsel on appeal if the attorney represented the defendant at trial, unless:
(1) the defendant and the attorney request the appointment on the record;  and
(2) the court finds good cause to make the appointment.
(l) An attorney appointed under this article to represent a defendant at trial or on direct appeal is compensated as provided by Article 26.05 from county funds.  Advance payment of expenses anticipated or reimbursement of expenses incurred for purposes of investigation or expert testimony may be paid directly to a private investigator licensed under Chapter 1702, Occupations Code, or to an expert witness in the manner designated by appointed counsel and approved by the court.
(m) The local selection committee shall annually review the list of attorneys posted under Subsection (d) to ensure that each listed attorney satisfies the requirements under this chapter.
  
Added by Acts 1995, 74th Leg., ch. 319, Sec. 2, eff. Sept. 1, 1995.  Subsec. (l) amended by Acts 1999, 76th Leg., ch. 837, Sec. 2, eff. Sept. 1, 1999;  Subsecs. (d), (e) amended by Acts 2001, 77th Leg., ch. 906, Sec. 9, eff. Jan. 1, 2002;  Subsec. (l) amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.735, eff. Sept. 1, 2001;  Subsec. (m) added by Acts 2001, 77th Leg., ch. 906, Sec. 9, eff. Jan. 1, 2002.
Amended by: 
Acts 2005, 79th Leg., Ch. 787, Sec. 14, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 965, Sec. 7, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 32, Sec. 1, eff. September 1, 2009.
    
Art. 26.053. PUBLIC DEFENDER IN RANDALL COUNTY.  (a)  The Commissioners Court of Randall County may appoint an attorney to serve as a public defender.  The public defender serves at the pleasure of the commissioners court.
(b) To be eligible for appointment as a public defender, a person must be a member of the State Bar of Texas.
(c) With the approval of the commissioners court, the public defender may employ assistant public defenders, investigators, secretaries, and other necessary personnel.  An assistant public defender must be a licensed attorney and may perform the duties of a public defender under this article.
(d) A public defender's office consists of the public defender and the personnel employed by the public defender under Subsection (c).
(e) A public defender is entitled to receive an annual salary in an amount set by the commissioners court.  Subchapter B, Chapter 152, Local Government Code, applies to the compensation of personnel and the payment of office expenses in the public defender's office.
(f) Except as authorized by this article, a public defender or an assistant public defender may not:
(1) engage in the private practice of law;  or
(2) accept anything of value not authorized by this article for services rendered under this article.
(g) The commissioners court may remove a public defender or an assistant public defender who violates Subsection (f).
(h) The public defender or an assistant public defender shall represent each indigent person who is:
(1) charged with a criminal offense in Randall County punishable by confinement or imprisonment;
(2) a minor who is a party to a juvenile delinquency proceeding in the county;  or
(3) entitled to representation under:
(A) Chapter 462, Health and Safety Code;  or
(B) Subtitle C or D, Title 7, Health and Safety Code.
(i) If at any stage of the proceeding the judge determines that a conflict of interest exists between the public defender and the indigent person, the judge may appoint another attorney to represent the person.  The attorney must be licensed to practice law in this state and is entitled to the compensation provided by Article 26.05.
(j) The public defender's office shall investigate the financial condition of any person the public defender is appointed to represent.  The public defender's office shall report the results of the investigation to the appointing judge.  The judge may hold a hearing to determine if the person is indigent and entitled to representation under this article.
(k) Except for the provisions relating to daily appearance fees, Article 26.05 applies to the public defender and an assistant public defender.
(l) The commissioners court may accept gifts and grants from any source to finance an adequate and effective public defender program.
  
Added by Acts 2001, 77th Leg., ch. 184, Sec. 1, eff. May 18, 2001.
    
Art. 26.056. CONTRIBUTION FROM STATE IN CERTAIN COUNTIES.
Sec. 1. A county in which a state training school for delinquent children is located shall pay from its general fund the first $250 of fees awarded for court-appointed counsel under Article 26.05 toward defending a child committed to the school from another county who is being prosecuted for a felony or misdemeanor in the county where the training school is located.
Sec. 2. If the fees awarded for counsel compensation are in excess of $250, the court shall certify the amount in excess of $250 to the Comptroller of Public Accounts of the State of Texas.  The Comptroller shall issue a warrant to the court-appointed counsel in the amount certified to the comptroller by the court.
  
Acts 1967, 60th Leg., p. 733, ch. 307, Sec. 1, eff. Aug. 28, 1967.  Renumbered from art. 26.05-1 by Acts 1987, 70th Leg., ch. 167, Sec. 5.02(2), eff. Sept. 1, 1987.
    
Art. 26.057. COST OF EMPLOYMENT OF COUNSEL FOR CERTAIN MINORS.  If a juvenile has been transferred to a criminal court under Section 54.02, Family Code, and if a court appoints counsel for the juvenile under Article 26.04 of this code, the county that pays for the counsel has a cause of action against a parent or other person who is responsible for the support of the juvenile and is financially able to employ counsel for the juvenile but refuses to do so.  The county may recover its cost of payment to the appointed counsel and may recover attorney's fees necessary to prosecute the cause of action against the parent or other person.
  
Acts 1987, 70th Leg., ch. 979, Sec. 4, eff. Sept. 1, 1987.  Renumbered from art. 26.056 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(8), eff. Aug. 28, 1989.
    
Art. 26.06. ELECTED OFFICIALS NOT TO BE APPOINTED.  No court may appoint an elected county, district or state official to represent a person accused of crime, unless the official has notified the court of his availability for appointment.  If an official has notified the court of his availability and is appointed as counsel, he may decline the appointment if he determines that it is in the best interest of his office to do so.  Nothing in this Code shall modify any statutory provision for legislative continuance.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.07. NAME AS STATED IN INDICTMENT.  When the defendant is arraigned, his name, as stated in the indictment, shall be distinctly called;  and unless he suggest by himself or counsel that he is not indicted by his true name, it shall be taken that his name is truly set forth, and he shall not thereafter be allowed to deny the same by way of defense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.08. IF DEFENDANT SUGGESTS DIFFERENT NAME.  If the defendant, or his counsel for him, suggests that he bears some name different from that stated in the indictment, the same shall be noted upon the minutes of the court, the indictment corrected by inserting therein the name of the defendant as suggested by himself or his counsel for him, the style of the case changed so as to give his true name, and the cause proceed as if the true name had been first recited in the indictment.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.09. IF ACCUSED REFUSES TO GIVE HIS REAL NAME.  If the defendant alleges that he is not indicted by his true name, and refuses to say what his real name is, the cause shall proceed as if the name stated in the indictment were true;  and the defendant shall not be allowed to contradict the same by way of defense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.10. WHERE NAME IS UNKNOWN.  A defendant described as a person whose name is unknown may have the indictment so corrected as to give therein his true name.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.11. INDICTMENT READ.  The name of the accused having been called, if no suggestion, such as is spoken of in the four preceding Articles, be made, or being made is disposed of as before directed, the indictment shall be read, and the defendant asked whether he is guilty or not, as therein charged.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.12. PLEA OF NOT GUILTY ENTERED.  If the defendant answers that he is not guilty, such plea shall be entered upon the minutes of the court;  if he refuses to answer, the plea of not guilty shall in like manner be entered.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.13. PLEA OF GUILTY.  (a)  Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of:
(1)  the range of the punishment attached to the offense;
(2)  the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court.  Provided that the court shall inquire as to the existence of any plea bargaining agreements between the state and the defendant and, in the event that such an agreement exists, the court shall inform the defendant whether it will follow or reject such agreement in open court and before any finding on the plea.  Should the court reject any such agreement, the defendant shall be permitted to withdraw his plea of guilty or nolo contendere;
(3)  the fact that if the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney, the trial court must give its permission to the defendant before he may prosecute an appeal on any matter in the case except for those matters raised by written motions filed prior to trial;
(4)  the fact that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law; and
(5)  the fact that the defendant will be required to meet the registration requirements of Chapter 62, if the defendant is convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under that chapter.
(b) No plea of guilty or plea of nolo contendere shall be accepted by the court unless it appears that the defendant is mentally competent and the plea is free and voluntary.
(c) In admonishing the defendant as herein provided, substantial compliance by the court is sufficient, unless the defendant affirmatively shows that he was not aware of the consequences of his plea and that he was misled or harmed by the admonishment of the court.
(d) The court may make the admonitions required by this article either orally or in writing. If the court makes the admonitions in writing, it must receive a statement signed by the defendant and the defendant's attorney that he understands the admonitions and is aware of the consequences of his plea. If the defendant is unable or refuses to sign the statement, the court shall make the admonitions orally.
(e) Before accepting a plea of guilty or a plea of nolo contendere, the court shall inquire as to whether a victim impact statement has been returned to the attorney representing the state and ask for a copy of the statement if one has been returned.
(f) The court must substantially comply with Subsection (e) of this article.  The failure of the court to comply with Subsection (e) of this article is not grounds for the defendant to set aside the conviction, sentence, or plea.
(g) Before accepting a plea of guilty or a plea of nolo contendere and on the request of a victim of the offense, the court may assist the victim and the defendant in participating in a victim-offender mediation program.
(h)  The court must substantially comply with Subsection (a)(5).  The failure of the court to comply with Subsection (a)(5) is not a ground for the defendant to set aside the conviction, sentence, or plea. 
(i) Notwithstanding this article, a court shall not order the state or any of its prosecuting attorneys to participate in mediation, dispute resolution, arbitration, or other similar procedures in relation to a criminal prosecution unless upon written consent of the state.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff. Jan. 1, 1974;  Acts 1975, 64th Leg., p. 909, ch. 341, Sec. 3, eff. June 19, 1975;  Acts 1977, 65th Leg., p. 748, ch. 280, Sec. 1, eff. Aug. 29, 1977;  Acts 1979, 66th Leg., p. 1108, ch. 524, Sec. 1, eff. Sept. 1, 1979;  Acts 1979, 66th Leg., p. 1160, ch. 561, Sec. 1, eff. Sept. 1, 1979;  Acts 1985, 69th Leg., p. 5065, ch. 671, Sec. 1, eff. June 14, 1985;  Acts 1985, 69th Leg., ch. 685, Sec. 8(a), eff. Aug. 26, 1985;  Acts 1987, 70th Leg., ch. 443, Sec. 1, eff. Aug. 1, 1987.
      
Subsecs. (e), (f) added by Acts 1991, 72nd Leg., ch. 202, Sec. 1, eff. Sept. 1, 1991;  Subsec. (g) added by Acts 1997, 75th Leg., ch. 670, Sec. 4, eff. Sept. 1, 1997;  Subsec. (a) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 1, eff. Sept. 1, 1999;  Subsec. (h) added by Acts 1999, 76th Leg., ch. 425, Sec. 1, eff. Aug. 30, 1999;  added by Acts 1999, 76th Leg., ch. 1415, Sec. 1, eff. Sept. 1, 1999; Subsec. (i) relettered from subsec. (h) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(8), eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1008, Sec. 1.03, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 125, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1379, Sec. 2, eff. September 1, 2009.
    
Art. 26.14. JURY ON PLEA OF GUILTY.  Where a defendant in a case of felony persists in pleading guilty or in entering a plea of nolo contendere, if the punishment is not absolutely fixed by law, a jury shall be impaneled to assess the punishment and evidence may be heard to enable them to decide thereupon, unless the defendant in accordance with Articles 1.13 or 37.07 shall have waived his right to trial by jury.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 26.15. CORRECTING NAME.  In any case, the same proceedings shall be had with respect to the name of the defendant and the correction of the indictment or information as provided with respect to the same in capital cases.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      					  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 27. THE PLEADING IN CRIMINAL ACTIONS

Art. 27.01. INDICTMENT OR INFORMATION.  The primary pleading in a criminal action on the part of the State is the indictment or information.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.02. DEFENDANT'S PLEADINGS.  The pleadings and motions of the defendant shall be:
(1) A motion to set aside or an exception to an indictment or information for some matter of form or substance;
(2) A special plea as provided in Article 27.05 of this code;
(3) A plea of guilty;
(4) A plea of not guilty;
(5) A plea of nolo contendere, the legal effect of which shall be the same as that of a plea of guilty, except that such plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based;
(6) An application for probation, if any;
(7) An election, if any, to have the jury assess the punishment if he is found guilty;  and
(8) Any other motions or pleadings that are by law permitted to be filed.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 17, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 968, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 27.03. MOTION TO SET ASIDE INDICTMENT.  In addition to any other grounds authorized by law, a motion to set aside an indictment or information may be based on the following:
1. That it appears by the records of the court that the indictment was not found by at least nine grand jurors, or that the information was not based upon a valid complaint;
2. That some person not authorized by law was present when the grand jury was deliberating upon the accusation against the defendant, or was voting upon the same;  and
3. That the grand jury was illegally impaneled;  provided, however, in order to raise such question on motion to set aside the indictment, the defendant must show that he did not have an opportunity to challenge the array at the time the grand jury was impaneled.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.04. MOTION TRIED BY JUDGE.  An issue of fact arising upon a motion to set aside an indictment or information shall be tried by the judge without a jury.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.05. DEFENDANT'S SPECIAL PLEA.  A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal episode that was or should have been consolidated into one trial, and that the former prosecution:
(1) resulted in acquittal;
(2) resulted in conviction;
(3) was improperly terminated;  or
(4) was terminated by a final order or judgment for the defendant that has not been reversed, set aside, or vacated and that necessarily required a determination inconsistent with a fact that must be established to secure conviction in the subsequent prosecution.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 27.06. SPECIAL PLEA VERIFIED.  Every special plea shall be verified by the affidavit of the defendant.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.07. SPECIAL PLEA TRIED.  All issues of fact presented by a special plea shall be tried by the trier of the facts on the trial on the merits.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.08. EXCEPTION TO SUBSTANCE OF INDICTMENT.  There is no exception to the substance of an indictment or information except:
1. That it does not appear therefrom that an offense against the law was committed by the defendant;
2. That it appears from the face thereof that a prosecution for the offense is barred by a lapse of time, or that the offense was committed after the finding of the indictment;
3. That it contains matter which is a legal defense or bar to the prosecution;  and
4. That it shows upon its face that the court trying the case has no jurisdiction thereof.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.09. EXCEPTION TO FORM OF INDICTMENT.  Exceptions to the form of an indictment or information may be taken for the following causes only:
1. That it does not appear to have been presented in the proper court as required by law;
2. The want of any requisite prescribed by Articles 21.02 and 21.21.
3. That it was not returned by a lawfully chosen or empaneled grand jury.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.10. WRITTEN PLEADINGS.  All motions to set aside an indictment or information and all special pleas and exceptions shall be in writing.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.11. TEN DAYS ALLOWED FOR FILING PLEADINGS.  In all cases the defendant shall be allowed ten entire days, exclusive of all fractions of a day after his arrest, and during the term of the court, to file written pleadings.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.12. TIME AFTER SERVICE.  In cases where the defendant is entitled to be served with a copy of the indictment, he shall be allowed the ten days time mentioned in the preceding Article to file written pleadings after such service.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.13. PLEA OF GUILTY OR NOLO CONTENDERE IN FELONY.  A plea of "guilty" or a plea of "nolo contendere" in a felony case must be made in open court by the defendant in person;  and the proceedings shall be as provided in Articles 26.13, 26.14 and 27.02.  If the plea is before the judge alone, same may be made in the same manner as is provided for by Articles 1.13 and 1.15.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.14. PLEA OF GUILTY OR NOLO CONTENDERE IN MISDEMEANOR.  (a)  A plea of "guilty" or a plea of "nolo contendere" in a misdemeanor case may be made either by the defendant or his counsel in open court;  in such case, the defendant or his counsel may waive a jury, and the punishment may be assessed by the court either upon or without evidence, at the discretion of the court.
(b)  A defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may, in lieu of the method provided in Subsection (a) of this article, mail or deliver in person to the court a plea of "guilty" or a plea of "nolo contendere" and a waiver of jury trial.  The defendant may also request in writing that the court notify the defendant, at the address stated in the request, of the amount of an appeal bond that the court will approve.  If the court receives a plea and waiver before the time the defendant is scheduled to appear in court, the court shall dispose of the case without requiring a court appearance by the defendant.  If the court receives a plea and waiver after the time the defendant is scheduled to appear in court but at least five business days before a scheduled trial date, the court shall dispose of the case without requiring a court appearance by the defendant.  The court shall notify the defendant either in person or by certified mail, return receipt requested, of the amount of any fine assessed in the case and, if requested by the defendant, the amount of an appeal bond that the court will approve.  The defendant shall pay any fine assessed or give an appeal bond in the amount stated in the notice before the 31st day after receiving the notice.
(c) In a misdemeanor case for which the maximum possible punishment is by fine only, payment of a fine or an amount accepted by the court constitutes a finding of guilty in open court as though a plea of nolo contendere had been entered by the defendant and constitutes a waiver of a jury trial in writing.
(d)  If written notice of an offense for which maximum possible punishment is by fine only or of a violation relating to the manner, time, and place of parking has been prepared, delivered, and filed with the court and a legible duplicate copy has been given to the defendant, the written notice serves as a complaint to which the defendant may plead "guilty," "not guilty," or "nolo contendere."  If the defendant pleads "not guilty" to the offense or fails to appear based on the written notice, a complaint shall be filed that conforms to the requirements of Chapter 45 of this code, and that complaint serves as an original complaint.  A defendant may waive the filing of a sworn complaint and elect that the prosecution proceed on the written notice of the charged offense if the defendant agrees in writing with the prosecution, signs the agreement, and files it with the court.
(e)(1)  Before accepting a plea of guilty or a plea of nolo contendere by a defendant charged with a misdemeanor involving family violence, as defined by Section 71.004, Family Code, the court shall admonish the defendant by using the following statement:
"If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code.  If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney."
(2)  The court may provide the admonishment under Subdivision (1) orally or in writing, except that if the defendant is charged with a misdemeanor punishable by fine only, the statement printed on a citation issued under Article 14.06(b) may serve as the court admonishment required by this subsection.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 18, eff. Aug. 28, 1967;  Acts 1977, 65th Leg., p. 2143, ch. 858, Sec. 1, eff. June 16, 1977;  Acts 1979, 66th Leg., p. 450, ch. 207, Sec. 1, eff. Sept. 1, 1979;  Acts 1983, 68th Leg., p. 1257, ch. 273, Sec. 1, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 87, Sec. 1, eff. Sept. 1, 1985.
      
Subsecs. (b) to (d) amended by Acts 1993, 73rd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1993;  Subsec. (c) amended by Acts 2001, 77th Leg., ch. 285, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 473, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1121, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1379, Sec. 3, eff. September 1, 2009.
    
Art. 27.15. CHANGE OF VENUE TO PLEAD GUILTY.  When in any county which is located in a judicial district composed of more than one county, a party is charged with a felony and the maximum punishment therefor shall not exceed fifteen years, and the district court of said county is not in session, such party may, if he desires to plead guilty, or enter a plea of nolo contendere, make application to the district judge of such district for a change of venue to the county in which said court is in session, and said district judge may enter an order changing the venue of said cause to the county in which the court is then in session, and the defendant may plead guilty or enter a plea of nolo contendere to said charge in said court to which the venue has been changed.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.16. PLEA OF NOT GUILTY, HOW MADE.  (a)  The plea of not guilty may be made orally by the defendant or by his counsel in open court.  If the defendant refuses to plead, the plea of not guilty shall be entered for him by the court.
(b) A defendant charged with a misdemeanor for which the maximum possible punishment is by fine only may, in lieu of the method provided in Subsection (a) of this article, mail to the court a plea of not guilty.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1977, 65th Leg., p. 2143, ch. 858, Sec. 2, eff. June 16, 1977.
    
Art. 27.17. PLEA OF NOT GUILTY CONSTRUED.  The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information.  Under this plea, evidence to establish the insanity of defendant, and every fact whatever tending to acquit him of the accusation may be introduced, except such facts as are proper for a special plea under Article 27.05.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 27.18. PLEA OR WAIVER OF RIGHTS BY CLOSED CIRCUIT VIDEO TELECONFERENCING.  (a)  Notwithstanding any provision of this code requiring that a plea or a waiver of a defendant's right be made in open court, a court may accept the plea or waiver by broadcast by closed circuit video teleconferencing to the court if:
(1) the defendant and the attorney representing the state file with the court written consent to the use of closed circuit video teleconferencing;
(2) the closed circuit video teleconferencing system provides for a simultaneous, compressed full motion video, and interactive communication of image and sound between the judge, the attorney representing the state, the defendant, and the defendant's attorney;  and
(3) on request of the defendant, the defendant and the defendant's attorney are able to communicate privately without being recorded or heard by the judge or the attorney representing the state.
(b) On motion of the defendant or the attorney representing the state or in the court's discretion, the court may terminate an appearance by closed circuit video teleconferencing at any time during the appearance and require an appearance by the defendant in open court.
(c) A recording of the communication shall be made and preserved until all appellate proceedings have been disposed of.  The defendant may obtain a copy of the recording on payment of a reasonable amount to cover the costs of reproduction or, if the defendant is indigent, the court shall provide a copy to the defendant without charging a cost for the copy.
(d)  A defendant who is confined in a county other than the county in which charges against the defendant are pending may use the teleconferencing method provided by this article or the electronic broadcast system authorized in Article 15.17 to enter a plea or waive a right in the court with jurisdiction over the case.
(e)  A defendant who enters a plea or waiver under Subsection (d):
(1)  consents to venue in the county in which the court receiving the plea or waiver is located; and
(2)  waives any claim of error related to venue.
(f)  Subsection (e) does not prohibit a court from granting a defendant's motion for a change of venue during the trial of the defendant.
(g)  If a defendant enters a plea of guilty or nolo contendere under Subsection (d), the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment.  On request for a fingerprint under this subsection, the county in which the defendant is confined shall obtain a fingerprint of the defendant and use first-class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
  
Added by Acts 1997, 75th Leg., ch. 1014, Sec. 1, eff. Sept. 1, 1997.
Amended by: 
Acts 2005, 79th Leg., Ch. 1094, Sec. 6, eff. September 1, 2005.
    
Art. 27.19.  PLEA BY CERTAIN DEFENDANTS.  (a)  Notwithstanding any other provision of this code, a court shall accept a plea of guilty or nolo contendere from a defendant who is confined in a penal institution if the plea is made:
(1)  in accordance with the procedure established by Article 27.18; or
(2)  in writing before the appropriate court having jurisdiction in the county in which the penal institution is located, provided that:
(A)  the defendant is notified by the court of original jurisdiction of the right to counsel and the procedures for requesting appointment of counsel, and is provided a reasonable opportunity to request a court-appointed lawyer;
(B)  if the defendant elects to proceed without counsel, the defendant must waive the right to counsel in accordance with Article 1.051;
(C)  the defendant must waive the right to be present at the taking of the plea or to have counsel present, if the defendant has counsel; and
(D)  if the defendant is charged with a felony, judgment and sentence are rendered in accordance with the conditions and the procedure established by Article 42.14(b).
(b)  In this article, "penal institution" has the meaning assigned by Section 1.07, Penal Code.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 291, Sec. 1, eff. September 1, 2009.

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 28. MOTIONS, PLEADINGS AND EXCEPTIONS

Art. 28.01. PRE-TRIAL.
Sec. 1. The court may set any criminal case for a pre-trial hearing before it is set for trial upon its merits, and direct the defendant and his attorney, if any of record, and the State's attorney, to appear before the court at the time and place stated in the court's order for a conference and hearing.  The defendant must be present at the arraignment, and his presence is required during any pre-trial proceeding.  The pre-trial hearing shall be to determine any of the following matters:
(1) Arraignment of the defendant, if such be necessary;  and appointment of counsel to represent the defendant, if such be necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the indictment or information;
(5) Motions for continuance either by the State or defendant;  provided that grounds for continuance not existing or not known at the time may be presented and considered at any time before the defendant announces ready for trial;
(6) Motions to suppress evidence--When a hearing on the motion to suppress evidence is granted, the court may determine the merits of said motion on the motions themselves, or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court;
(7) Motions for change of venue by the State or the defendant;  provided, however, that such motions for change of venue, if overruled at the pre-trial hearing, may be renewed by the State or the defendant during the voir dire examination of the jury;
(8) Discovery;
(9) Entrapment;  and
(10) Motion for appointment of interpreter.
Sec. 2. When a criminal case is set for such pre-trial hearing, any such preliminary matters not raised or filed seven days before the hearing will not thereafter be allowed to be raised or filed, except by permission of the court for good cause shown;  provided that the defendant shall have sufficient notice of such hearing to allow him not less than 10 days in which to raise or file such preliminary matters.  The record made at such pre-trial hearing, the rulings of the court and the exceptions and objections thereto shall become a part of the trial record of the case upon its merits.
Sec. 3. The notice mentioned in Section 2 above shall be sufficient if given in any one of the following ways:
(1) By announcement made by the court in open court in the presence of the defendant or his attorney of record;
(2) By personal service upon the defendant or his attorney of record;
(3) By mail to either the defendant or his attorney of record deposited by the clerk in the mail at least six days prior to the date set for hearing.  If the defendant has no attorney of record such notice shall be addressed to defendant at the address shown on his bond, if the bond shows such an address, and if not, it may be addressed to one of the sureties on his bond.  If the envelope containing the notice is properly addressed, stamped and mailed, the state will not be required to show that it was received.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 19, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 969, ch. 399, Sec. 2(A), eff. Jan. 1, 1974;  Acts 1979, 66th Leg., p. 204, ch. 113, Sec. 1, eff. Aug. 27, 1979;  Acts 1979, 66th Leg., p. 453, ch. 209, Sec. 2, eff. Aug. 27, 1979.
    
Art. 28.02. ORDER OF ARGUMENT.  The counsel of the defendant has the right to open and conclude the argument upon all pleadings of the defendant presented for the decision of the judge.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.03. PROCESS FOR TESTIMONY ON PLEADINGS.  When the matters involved in any written pleading depend in whole or in part upon testimony, and not altogether upon the record of the court, every process known to the law may be obtained on behalf of either party to procure such testimony;  but there shall be no delay on account of the want of the testimony, unless it be shown to the satisfaction of the court that all the means given by the law have been used to procure the same.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.04. QUASHING CHARGE IN MISDEMEANOR.  If the motion to set aside or the exception to an indictment or information is sustained, the defendant in a misdemeanor case shall be discharged, but may be again prosecuted within the time allowed by law.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.05. QUASHING INDICTMENT IN FELONY.  If the motion to set aside or the exception to the indictment in cases of felony be sustained, the defendant shall not therefor be discharged, but may immediately be recommitted by order of the court, upon motion of the State's attorney or without motion;  and proceedings may afterward be had against him as if no prosecution had ever been commenced.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.06. SHALL BE FULLY DISCHARGED, WHEN.  Where, after the motion or exception is sustained, it is made known to the court by sufficient testimony that the offense of which the defendant is accused will be barred by limitation before another indictment can be presented, he shall be fully discharged.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.061. DISCHARGE FOR DELAY.  If a motion to set aside an indictment, information, or complaint for failure to provide a speedy trial is sustained, the court shall discharge the defendant.  A discharge under this article is a bar to any further prosecution for the offense discharged and for any other offense arising out of the same transaction, other than an offense of a higher grade that the attorney representing the state and prosecuting the offense that was discharged does not have the primary duty to prosecute.
  
Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 4, eff. July 1, 1978.  Amended by Acts 1987, 70th Leg., ch. 383, Sec. 1, eff. Sept. 1, 1987.
      
Amended by Acts 1997, 75th Leg., ch. 289, Sec. 1, eff. May 26, 1997.
    
Art. 28.07. IF EXCEPTION IS THAT NO OFFENSE IS CHARGED.  If an exception to an indictment or information is taken and sustained upon the ground that there is no offense against the law charged therein, the defendant shall be discharged, unless an affidavit be filed accusing him of the commission of a penal offense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.08. WHEN DEFENDANT IS HELD BY ORDER OF COURT.  If the motion to set aside the indictment or any exception thereto is sustained, but the court refuses to discharge the defendant, then at the expiration of ten days from the order sustaining such motions or exceptions, the defendant shall be discharged, unless in the meanwhile complaint has been made before a magistrate charging him with an offense, or unless another indictment has been presented against him for such offense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.09. EXCEPTION ON ACCOUNT OF FORM OR SUBSTANCE.  If the exception to an indictment or information is sustained, the information or indictment may be amended if permitted by Article 28.10 of this code, and the cause may proceed upon the amended indictment or information.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985.
    
Art. 28.10. AMENDMENT OF INDICTMENT OR INFORMATION.  (a)  After notice to the defendant, a matter of form or substance in an indictment or information may be amended at any time before the date the trial on the merits commences.  On the request of the defendant, the court shall allow the defendant not less than 10 days, or a shorter period if requested by the defendant, to respond to the amended indictment or information.
(b) A matter of form or substance in an indictment or information may also be amended after the trial on the merits commences if the defendant does not object.
(c) An indictment or information may not be amended over the defendant's objection as to form or substance if the amended indictment or information charges the defendant with an additional or different offense or if the substantial rights of the defendant are prejudiced.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985.
    
Art. 28.11. HOW AMENDED.  All amendments of an indictment or information shall be made with the leave of the court and under its direction.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.12. EXCEPTION AND TRIAL OF SPECIAL PLEAS.  When a special plea is filed by the defendant, the State may except to it for substantial defects.  If the exception be sustained, the plea may be amended.  If the plea be not excepted to, it shall be considered that issue has been taken upon the same.  Such special pleas as set forth matter of fact proper to be tried by a jury shall be submitted and tried with a plea of not guilty.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.13. FORMER ACQUITTAL OR CONVICTION.  A former judgment of acquittal or conviction in a court of competent jurisdiction shall be a bar to any further prosecution for the same offense, but shall not bar a prosecution for any higher grade of offense over which said court had not jurisdiction, unless such judgment was had upon indictment or information, in which case the prosecution shall be barred for all grades of the offense.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 28.14. PLEA ALLOWED.  Judgment shall, in no case, be given against the defendant where his motion, exception or plea is overruled;  but in all cases the plea of not guilty may be made by or for him.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 29. CONTINUANCE

Art. 29.01. BY OPERATION OF LAW.  Criminal actions are continued by operation of law if:
(1) The individual defendant has not been arrested;
(2) A defendant corporation or association has not been served with summons;  or
(3) There is not sufficient time for trial at that term of court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 970, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 29.011. RELIGIOUS HOLY DAY.  (a)  In this article:
(1) "Religious organization" means an organization that meets the standards for qualifying as a religious organization under Section 11.20, Tax Code.
(2) "Religious holy day" means a day on which the tenets of a religious organization prohibit its members from participating in secular activities, such as court proceedings.
(b) If a defendant, an attorney representing the defendant, or an attorney representing the state in a criminal action is required to appear at a court proceeding on a religious holy day observed by the person, the court shall continue the action.
(c) A defendant or attorney seeking a continuance must file with the court an affidavit stating:
(1) the grounds for the continuance;  and
(2) that the person holds religious beliefs that prohibit him from taking part in a court proceeding on the day for which the continuance is sought.
(d) An affidavit filed under Subsection (c) of this article is proof of the facts stated and need not be corroborated.
  
Acts 1987, 70th Leg., ch. 825, Sec. 1, eff. Sept. 1, 1987.
      
Subsecs. (b), (c) amended by Acts 1991, 72nd Leg., ch. 815, Sec. 1, eff. Sept. 1, 1991.
    
Art. 29.012. RELIGIOUS HOLY DAY.  (a)  In this article:
(1) "Religious organization" means an organization that meets the standards for qualification as a religious organization under Section 11.20, Tax Code.
(2) "Religious holy day" means a day on which the tenets of a religious organization prohibit its members from participating in secular activities, such as court proceedings.
(b) If a juror in a criminal action is required to appear at a court proceeding on a religious holy day observed by the juror, the court or the court's designee shall recess the criminal action until the next day the court is in session after the conclusion of the holy day.
(c) A juror seeking a recess must file with the court before the final selection of the jury an affidavit stating:
(1) the grounds for the recess;  and
(2) that the juror holds religious beliefs that prohibit him from taking part in a court proceeding on the day for which the recess is sought.
(d) An affidavit filed under Subsection (c) of this section is proof of the facts stated and need not be corroborated.
  
Acts 1987, 70th Leg., ch. 589, Sec. 1, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., ch. 825, Sec. 4, eff. Sept. 1, 1987.
    
Art. 29.02. BY AGREEMENT.  A criminal action may be continued by consent of the parties thereto, in open court, at any time on a showing of good cause, but a continuance may be only for as long as is necessary.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 3, eff. July 1, 1978.
    
Art. 29.03. FOR SUFFICIENT CAUSE SHOWN.  A criminal action may be continued on the written motion of the State or of the defendant, upon sufficient cause shown;  which cause shall be fully set forth in the motion.  A continuance may be only for as long as is necessary.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1977, 65th Leg., p. 1972, ch. 787, Sec. 3, eff. July 1, 1978.
    
Art. 29.04. FIRST MOTION BY STATE.  It shall be sufficient, upon the first motion by the State for a continuance, if the same be for the want of a witness, to state:
1. The name of the witness and his residence, if known, or that his residence is unknown;
2. The diligence which has been used to procure his attendance;  and it shall not be considered sufficient diligence to have caused to be issued, or to have applied for, a subpoena, in cases where the law authorized an attachment to issue;  and
3. That the testimony of the witness is believed by the applicant to be material for the State.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.05. SUBSEQUENT MOTION BY STATE.  On any subsequent motion for a continuance by the State, for the want of a witness, the motion, in addition to the requisites in the preceding Article, must show:
1. The facts which the applicant expects to establish by the witness, and it must appear to the court that they are material;
2. That the applicant expects to be able to procure the attendance of the witness at the next term of the court;  and
3. That the testimony cannot be procured from any other source during the present term of the court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.06. FIRST MOTION BY DEFENDANT.  In the first motion by the defendant for a continuance, it shall be necessary, if the same be on account of the absence of a witness, to state:
1. The name of the witness and his residence, if known, or that his residence is not known.
2. The diligence which has been used to procure his attendance;  and it shall not be considered sufficient diligence to have caused to be issued, or to have applied for, a subpoena, in cases where the law authorized an attachment to issue.
3. The facts which are expected to be proved by the witness, and it must appear to the court that they are material.
4. That the witness is not absent by the procurement or consent of the defendant.
5. That the motion is not made for delay.
6. That there is no reasonable expectation that attendance of the witness can be secured during the present term of court by a postponement of the trial to some future day of said term.  The truth of the first, or any subsequent motion, as well as the merit of the ground set forth therein and its sufficiency shall be addressed to the sound discretion of the court called to pass upon the same, and shall not be granted as a matter of right.  If a motion for continuance be overruled, and the defendant convicted, if it appear upon the trial that the evidence of the witness or witnesses named in the motion was of a material character, and that the facts set forth in said motion were probably true, a new trial should be granted, and the cause continued or postponed to a future day of the same term.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.07. SUBSEQUENT MOTION BY DEFENDANT.  Subsequent motions for continuance on the part of the defendant shall, in addition to the requisites in the preceding Article, state also:
1. That the testimony cannot be procured from any other source known to the defendant;  and
2. That the defendant has reasonable expectation of procuring the same at the next term of the court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.08. MOTION SWORN TO.  All motions for continuance must be sworn to by a person having personal knowledge of the facts relied on for the continuance.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 504, ch. 210, Sec. 1, eff. Sept. 1, 1981.
    
Art. 29.09. CONTROVERTING MOTION.  Any material fact stated, affecting diligence, in a motion for a continuance, may be denied in writing by the adverse party.  The denial shall be supported by the oath of some credible person, and filed as soon as practicable after the filing of such motion.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.10. WHEN DENIAL IS FILED.  When such denial is filed, the issue shall be tried by the judge;  and he shall hear testimony by affidavits, and grant or refuse continuance, according to the law and facts of the case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.11. ARGUMENT.  No argument shall be heard on a motion for a continuance, unless requested by the judge;  and when argument is heard, the applicant shall have the right to open and conclude it.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.12. BAIL RESULTING FROM CONTINUANCE.  If a defendant in a capital case demand a trial, and it appears that more than one continuance has been granted to the State, and that the defendant has not before applied for a continuance, he shall be entitled to be admitted to bail, unless it be made to appear to the satisfaction of the court that a material witness of the State had been prevented from attendance by the procurement of the defendant or some person acting in his behalf.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.13. CONTINUANCE AFTER TRIAL IS BEGUN.  A continuance or postponement may be granted on the motion of the State or defendant after the trial has begun, when it is made to appear to the satisfaction of the court that by some unexpected occurrence since the trial began, which no reasonable diligence could have anticipated, the applicant is so taken by surprise that a fair trial cannot be had.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 29.14.  CONSIDERATION OF IMPACT ON CERTAIN VICTIMS.  (a)  In this article, "victim" means the victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence as defined by Section 71.004, Family Code.
(b)  On request by the attorney representing the state, a court that considers a motion for continuance on the part of the defendant shall also consider the impact of the continuance on the victim.  On request by the attorney representing the state or by counsel for the defendant, the court shall state on the record the reason for granting or denying the continuance.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 664, Sec. 2, eff. September 1, 2009.
      				  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 30. DISQUALIFICATION OF THE JUDGE

Art. 30.01. CAUSES WHICH DISQUALIFY.  No judge or justice of the peace shall sit in any case where he may be the party injured, or where he has been of counsel for the State or the accused, or where the accused or the party injured may be connected with him by consanguinity or affinity within the third degree, as determined under Chapter 573, Government Code.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 9, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
    
Art. 30.02. DISTRICT JUDGE DISQUALIFIED.  Whenever any case is pending in which the district judge or criminal district judge is disqualified from trying the case, no change of venue shall be made necessary thereby;  but the judge presiding shall certify that fact to the presiding judge of the administrative judicial district in which the case is pending and the presiding judge of such administrative judicial district shall assign a judge to try such case in accordance with the provisions of Article 200a, V.A.C.S.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 30.07. JUSTICE DISQUALIFIED.  If a justice of the peace be disqualified from sitting in any criminal action pending before him, he shall transfer the same to any justice of the peace in the county who is not disqualified to try the case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 30.08. ORDER OF TRANSFER.  In cases provided for in the preceding Article, the order of transfer shall state the cause of the transfer, and name the court to which the transfer is made, and the time and place, when and where, the parties and witnesses shall appear before such court.  The rules governing the transfer of cases from the district to inferior courts shall govern in the transfer of cases under the preceding Article.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      			  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 31. CHANGE OF VENUE

Art. 31.01.  ON COURT'S OWN MOTION.  Whenever in any case of felony or misdemeanor punishable by confinement, the judge presiding shall be satisfied that a trial, alike fair and impartial to the accused and to the State, cannot, from any cause, be had in the county in which the case is pending, he may, upon his own motion, after due notice to accused and the State, and after hearing evidence thereon, order a change of venue to any county in the judicial district in which such county is located or in an adjoining district, stating in his order the grounds for such change of venue.  The judge, upon his own motion, after ten days notice to the parties or their counsel, may order a change of venue to any county beyond an adjoining district;  provided, however, an order changing venue to a county beyond an adjoining district shall be grounds for reversal if, upon timely contest by the defendant, the record of the contest affirmatively shows that any county in his own and the adjoining district is not subject to the same conditions which required the transfer.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 31.02. STATE MAY HAVE.  Whenever the district or county attorney shall represent in writing to the court before which any felony or misdemeanor case punishable by confinement, is pending, that, by reason of existing combinations or influences in favor of the accused, or on account of the lawless condition of affairs in the county, a fair and impartial trial as between the accused and the State cannot be safely and speedily had;  or whenever he shall represent that the life of the prisoner, or of any witness, would be jeopardized by a trial in the county in which the case is pending, the judge shall hear proof in relation thereto, and if satisfied that such representation is well-founded and that the ends of public justice will be subserved thereby, he shall order a change of venue to any county in the judicial district in which such county is located or in an adjoining district.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 31.03. GRANTED ON MOTION OF DEFENDANT.  (a)  A change of venue may be granted in any felony or misdemeanor case punishable by confinement on the written motion of the defendant, supported by his own affidavit and the affidavit of at least two credible persons, residents of the county where the prosecution is instituted, for either of the following causes, the truth and sufficiency of which the court shall determine:
1. That there exists in the county where the prosecution is commenced so great a prejudice against him that he cannot obtain a fair and impartial trial;  and
2. That there is a dangerous combination against him instigated by influential persons, by reason of which he cannot expect a fair trial.
An order changing venue to a county beyond an adjoining district shall be grounds for reversal, if upon timely contest by defendant, the record of the contest affirmatively shows that any county in his own and the adjoining district is not subject to the same conditions which required the transfer.
(b) For the convenience of parties and witnesses, and in the interest of justice, the court upon motion of the defendant and with the consent of the attorney for the state may transfer the proceeding as to him to another district.
(c) The court upon motion of the defendant and with the consent of the attorney for the state may transfer the proceedings to another district in those cases wherein the defendant stipulates that a plea of guilty will be entered.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1979, 66th Leg., p. 266, ch. 140, Sec. 1, eff. Aug. 27, 1979.
    
Art. 31.04. MOTION MAY BE CONTROVERTED.  The credibility of the persons making affidavit for change of venue, or their means of knowledge, may be attacked by the affidavit of a credible person.  The issue thus formed shall be tried by the judge, and the motion granted or refused, as the law and facts shall warrant.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 31.05. CLERK'S DUTIES ON CHANGE OF VENUE.  Where an order for a change of venue of any court in any criminal cause in this State has been made the clerk of the court where the prosecution is pending shall make out a certified copy of the court's order directing such change of venue, together with a certified copy of the defendant's bail bond or personal bond, together with all the original papers in said cause and also a certificate of the said clerk under his official seal that such papers are the papers and all the papers on file in said court in said cause;  and he shall transmit the same to the clerk of the court to which the venue has been changed.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 31.06. IF DEFENDANT BE IN CUSTODY.  When the venue is changed in any criminal action if the defendant be in custody, an order shall be made for his removal to the proper county, and his delivery to the sheriff thereof before the next succeeding term of the court of the county to which the case is to be taken, and he shall be delivered by the sheriff as directed in the order.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 31.07. WITNESS NEED NOT AGAIN BE SUMMONED.  When the venue in a criminal action has been changed, it shall not be necessary to have the witnesses therein again subpoenaed, attached or bailed, but all the witnesses who have been subpoenaed, attached or bailed to appear and testify in the cause shall be held bound to appear before the court to which the cause has been transferred, as if there had been no such transfer.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 31.08. RETURN TO COUNTY OF ORIGINAL VENUE.
Sec. 1.  (a)  On the completion of a trial in which a change of venue has been ordered and after the jury has been discharged, the court, with the consent of counsel for the state and the defendant, may return the cause to the original county in which the indictment or information was filed.  Except as provided by Subsection (b) of this section, all subsequent and ancillary proceedings, including the pronouncement of sentence after appeals have been exhausted, must be heard in the county in which the indictment or information was filed.
(b) A motion for new trial alleging jury misconduct must be heard in the county in which the cause was tried.  The county in which the indictment or information was filed must pay the costs of the prosecution of the motion for new trial.
Sec. 2.  (a)  Except as provided by Subsection (b), on an order returning venue to the original county in which the indictment or information was filed, the clerk of the county in which the cause was tried shall:
(1) make a certified copy of the court's order directing the return to the original county;
(2) make a certified copy of the defendant's bail bond, personal bond, or appeal bond;
(3) gather all the original papers in the cause and certify under official seal that the papers are all the original papers on file in the court;  and
(4) transmit the items listed in this section to the clerk of the court of original venue.
(b) This article does not apply to a proceeding in which the clerk of the court of original venue was present and performed the duties as clerk for the court under Article 31.09.
Sec. 3.  Except for the review of a death sentence under Section 2(h), Article 37.071, or under Section 2(h), Article 37.072, an appeal taken in a cause returned to the original county under this article must be docketed in the appellate district in which the county of original venue is located.
  
Added by Acts 1989, 71st Leg., ch. 824, Sec. 1, eff. Sept. 1, 1989.  Sec. 2 amended by Acts 1995, 74th Leg., ch. 651, Sec. 1, eff. Sept. 1, 1995.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.13, eff. September 1, 2007.
    
Art. 31.09. CHANGE OF VENUE;  USE OF EXISTING SERVICES.  (a)  If a change of venue in a criminal case is ordered under this chapter, the judge ordering the change of venue may, with the written consent of the prosecuting attorney, the defense attorney, and the defendant, maintain the original case number on its own docket, preside over the case, and use the services of the court reporter, the court coordinator, and the clerk of the court of original venue.  The court shall use the courtroom facilities and any other services or facilities of the district or county to which venue is changed.  A jury, if required, must consist of residents of the district or county to which venue is changed.
(b) Notwithstanding Article 31.05, the clerk of the court of original venue shall:
(1) maintain the original papers of the case, including the defendant's bail bond or personal bond;
(2) make the papers available for trial;  and
(3) act as the clerk in the case.
  
Added by Acts 1995, 74th Leg., ch. 651, Sec. 2, eff. Sept. 1, 1995.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 32. DISMISSING PROSECUTIONS

Art. 32.01.  DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED.  When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1997, 75th Leg., ch. 289, Sec. 2, eff. May 26, 1997.
Amended by: 
Acts 2005, 79th Leg., Ch. 743, Sec. 6, eff. September 1, 2005.
    
Art. 32.02. DISMISSAL BY STATE'S ATTORNEY.  The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal.  No case shall be dismissed without the consent of the presiding judge.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 32. DISMISSING PROSECUTIONS

Art. 32.01.  DEFENDANT IN CUSTODY AND NO INDICTMENT PRESENTED.  When a defendant has been detained in custody or held to bail for his appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not presented against such defendant on or before the last day of the next term of the court which is held after his commitment or admission to bail or on or before the 180th day after the date of commitment or admission to bail, whichever date is later.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1997, 75th Leg., ch. 289, Sec. 2, eff. May 26, 1997.
Amended by: 
Acts 2005, 79th Leg., Ch. 743, Sec. 6, eff. September 1, 2005.
    
Art. 32.02. DISMISSAL BY STATE'S ATTORNEY.  The attorney representing the State may, by permission of the court, dismiss a criminal action at any time upon filing a written statement with the papers in the case setting out his reasons for such dismissal, which shall be incorporated in the judgment of dismissal.  No case shall be dismissed without the consent of the presiding judge.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 32A. SPEEDY TRIAL

Art. 32A.01. TRIAL PRIORITIES.  Insofar as is practicable, the trial of a criminal action shall be given preference over trials of civil cases, and the trial of a criminal action against a defendant who is detained in jail pending trial of the action shall be given preference over trials of other criminal actions.
  
Acts 1977, 65th Leg., p. 1970, ch. 787, Sec. 1, eff. July 1, 1978.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 33. THE MODE OF TRIAL

Art. 33.01. JURY SIZE.  (a)  Except as provided by Subsection (b), in the district court, the jury shall consist of twelve qualified jurors.  In the county court and inferior courts, the jury shall consist of six qualified jurors.
(b) In a trial involving a misdemeanor offense, a district court jury shall consist of six qualified jurors.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 2003, 78th Leg., ch. 466, Sec. 1, eff. Jan. 1, 2004.
    
Art. 33.011. ALTERNATE JURORS.  (a)  In district courts, the judge may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.  In county courts, the judge may direct that not more than two jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.
(b)  Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury renders a verdict on the guilt or innocence of the defendant and, if applicable, the amount of punishment, become or are found to be unable or disqualified to perform their duties or are found by the court on agreement of the parties to have good cause for not performing their duties.  Alternate jurors shall be drawn and selected in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, security, and privileges as regular jurors.  An alternate juror who does not replace a regular juror shall be discharged after the jury has rendered a verdict on the guilt or innocence of the defendant and, if applicable, the amount of punishment.
  
Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 2, eff. Aug. 29, 1983.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 846, Sec. 1, eff. September 1, 2007.
    
Art. 33.02. FAILURE TO REGISTER.  Failure to register to vote shall not disqualify any person from jury service.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 6, eff. Aug. 31, 1981.
    
Art. 33.03. PRESENCE OF DEFENDANT.  In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of misdemeanor when the punishment or any part thereof is imprisonment in jail;  provided, however, that in all cases, when the defendant voluntarily absents himself after pleading to the indictment or information, or after the jury has been selected when trial is before a jury, the trial may proceed to its conclusion.  When the record in the appellate court shows that the defendant was present at the commencement, or any portion of the trial, it shall be presumed in the absence of all evidence in the record to the contrary that he was present during the whole trial.  Provided, however, that the presence of the defendant shall not be required at the hearing on the motion for new trial in any misdemeanor case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1979, 66th Leg., p. 1832, ch. 745, Sec. 1, eff. Aug. 27, 1979.
    
Art. 33.04. MAY APPEAR BY COUNSEL.  In other misdemeanor cases, the defendant may, by consent of the State's attorney, appear by counsel, and the trial may proceed without his personal presence.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 33.05. ON BAIL DURING TRIAL.  If the defendant is on bail when the trial commences, such bail shall be considered as discharged if he is acquitted.  If a verdict of guilty is returned against him, the discharge of his bail shall be governed by other provisions of this Code.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 33.06. SURETIES BOUND IN CASE OF MISTRIAL.  If there be a mistrial in a felony case, the original sureties, if any, of the defendant shall be still held bound for his appearance until they surrender him in accordance with the provisions of this Code.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 33.07.  RECORD OF CRIMINAL ACTIONS.  Each clerk of a court of record having criminal jurisdiction shall keep a record in which shall be set down the style and file number of each criminal action, the nature of the offense, the names of counsel, the proceedings had therein, and the date of each proceeding.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 628, Sec. 3, eff. September 1, 2007.
    
Art. 33.08. TO FIX DAY FOR CRIMINAL DOCKET.  The district courts and county courts shall have control of their respective dockets as to the settings of criminal cases.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 33.09. JURY DRAWN.  Jury panels, including special venires, for the trial of criminal cases shall be selected and summoned (with return on summons) in the same manner as the selection of panels for the trial of civil cases except as otherwise provided in this Code.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      		  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 34. SPECIAL VENIRE IN CAPITAL CASES

Art. 34.01. SPECIAL VENIRE.  A "special venire" is a writ issued in a capital case by order of the district court, commanding the sheriff to summon either verbally or by mail such a number of persons, not less than 50, as the court may order, to appear before the court on a day named in the writ from whom the jury for the trial of such case is to be selected.  Where as many as one hundred jurors have been summoned in such county for regular service for the week in which such capital case is set for trial, the judge of the court having jurisdiction of a capital case in which a motion for a special venire has been made, shall grant or refuse such motion for a special venire, and upon such refusal require the case to be tried by regular jurors summoned for service in such county for the week in which such capital case is set for trial and such additional talesmen as may be summoned by the sheriff upon order of the court as provided in Article 34.02 of this Code, but the clerk of such court shall furnish the defendant or his counsel a list of the persons summoned as provided in Article 34.04.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 34.02. ADDITIONAL NAMES DRAWN.  In any criminal case in which the court deems that the veniremen theretofore drawn will be insufficient for the trial of the case, or in any criminal case in which the venire has been exhausted by challenge or otherwise, the court shall order additional veniremen in such numbers as the court may deem advisable, to be summoned as follows:
(a) In a jury wheel county, the names of those to be summoned shall be drawn from the jury wheel.
(b) In counties not using the jury wheel, the veniremen shall be summoned by the sheriff.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 34.03. INSTRUCTIONS TO SHERIFF.  When the sheriff is ordered by the court to summon persons upon a special venire whose names have not been selected under the Jury Wheel Law, the court shall, in every case, caution and direct the sheriff to summon such persons as have legal qualifications to serve on juries, informing him of what those qualifications are, and shall direct him, as far as he may be able to summon persons of good character who can read and write, and such as are not prejudiced against the defendant or biased in his favor, if he knows of such bias or prejudice.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 34.04. NOTICE OF LIST.  No defendant in a capital case in which the state seeks the death penalty shall be brought to trial until he shall have had at least two days (including holidays) a copy of the names of the persons summoned as veniremen, for the week for which his case is set for trial except where he waives the right or is on bail.  When such defendant is on bail, the clerk of the court in which the case is pending shall furnish such a list to the defendant or his counsel at least two days prior to the trial (including holidays) upon timely motion by the defendant or his counsel therefor at the office of such clerk, and the defendant shall not be brought to trial until such list has been furnished defendant or his counsel for at least two days (including holidays). Where the venire is exhausted, by challenges or otherwise, and additional names are drawn, the defendant shall not be entitled to two days service of the names additionally drawn, but the clerk shall compile a list of such names promptly after they are drawn and if the defendant is not on bail, the sheriff shall serve a copy of such list promptly upon the defendant, and if on bail, the clerk shall furnish a copy of such list to the defendant or his counsel upon request, but the proceedings shall not be delayed thereby.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1991, 72nd Leg., ch. 652, Sec. 4, eff. Sept. 1, 1991.
    
Art. 34.05. MECHANICAL OR ELECTRONIC SELECTION METHOD.  A mechanical or electronic method of jury selection as provided by Chapter 62, Government Code, may be used under this chapter.
  
Added by Acts 1995, 74th Leg., ch. 694, Sec. 1, eff. Sept. 1, 1995.
      	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 35. FORMATION OF THE JURY

Art. 35.01.  JURORS CALLED.  When a case is called for trial and the parties have announced ready for trial, the names of those summoned as jurors in the case shall be called.  Those not present may be fined not less than $100 nor more than $500.  An attachment may issue on request of either party for any absent summoned juror, to have him brought forthwith before the court.  A person who is summoned but not present, may upon an appearance, before the jury is qualified, be tried as to his qualifications and impaneled as a juror unless challenged, but no cause shall be unreasonably delayed on account of his absence.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 640, Sec. 3, eff. September 1, 2009.
    
Art. 35.02. SWORN TO ANSWER QUESTIONS.  To those present the court shall cause to be administered this oath:  "You, and each of you, solemnly swear that you will make true answers to such questions as may be propounded to you by the court, or under its directions, touching your service and qualifications as a juror, so help you God."
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.03. EXCUSES.
Sec. 1.  Except as provided by Sections 2 and 3 of this article, the court shall then hear and determine excuses offered for not serving as a juror, including any claim of an exemption or a lack of qualification, and if the court considers the excuse sufficient, the court shall discharge the prospective juror or postpone the prospective juror's service to a date specified by the court, as appropriate.
Sec. 2.  Under a plan approved by the commissioners court of the county in the same manner as a plan is approved for jury selection under Section 62.011, Government Code, in a case other than a capital felony case, the court's designee may hear and determine an excuse offered for not serving as a juror, including any claim of an exemption or a lack of qualification.  The court's designee may discharge the prospective juror or postpone the prospective juror's service to a date specified by the court's designee, as appropriate, if:
(1)  the court's designee considers the excuse sufficient;  and
(2)  the juror submits to the court's designee a statement of the ground of the exemption or lack of qualification or other excuse.
Sec. 3. A court or a court's designee may discharge a juror or postpone the juror's service on the basis of the juror's observation of a religious holy day or religious beliefs only if the juror provides an affidavit as required by Article 29.012(c) of this code.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1987, 70th Leg., ch. 589, Sec. 2, eff. Aug. 31, 1987;  Acts 1987, 70th Leg., 2nd C.S., ch. 43, Sec. 2, eff. Oct. 20, 1987.
Amended by: 
Acts 2005, 79th Leg., Ch. 905, Sec. 1, eff. September 1, 2005.
    
Art. 35.04. CLAIMING EXEMPTION.  Any person summoned as a juror who is exempt by law from jury service may establish his exemption without appearing in person by filing a signed statement of the ground of his exemption with the clerk of the court at any time before the date upon which he is summoned to appear.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1971, 62nd Leg., p. 1560, ch. 421, Sec. 3, eff. May 26, 1971.
    
Art. 35.05. EXCUSED BY CONSENT.  One summoned upon a special venire may by consent of both parties be excused from attendance by the court at any time before he is impaneled.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.06.  CHALLENGE TO ARRAY FIRST HEARD.  The court shall hear and determine a challenge to the array before interrogating those summoned as to their qualifications.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.07. CHALLENGE TO THE ARRAY.  Each party may challenge the array only on the ground that the officer summoning the jury has wilfully summoned jurors with a view to securing a conviction or an acquittal.  All such challenges must be in writing setting forth distinctly the grounds of such challenge.  When made by the defendant, it must be supported by his affidavit or the affidavit of any credible person.  When such challenge is made, the judge shall hear evidence and decide without delay whether or not the challenge shall be sustained.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.08. WHEN CHALLENGE IS SUSTAINED.  The array of jurors summoned shall be discharged if the challenge be sustained, and the court shall order other jurors to be summoned in their stead, and direct that the officer who summoned those so discharged, and on account of whose misconduct the challenge has been sustained shall not summon any other jurors in the case.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.09. LIST OF NEW VENIRE.  When a challenge to the array has been sustained, the defendant shall be entitled, as in the first instance, to service of a copy of the list of names of those summoned by order of the court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.10. COURT TO TRY QUALIFICATIONS.  When no challenge to the array has been made, or if made, has been over-ruled, the court shall proceed to try the qualifications of those present who have been summoned to serve as jurors.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.11. PREPARATION OF LIST.  The trial judge, on the demand of the defendant or his attorney, or of the State's counsel, shall cause a sufficient number of jurors from which a jury may be selected to try the case to be randomly selected from the members of the general panel drawn or assigned as jurors in the case.  The clerk shall randomly select the jurors by a computer or other process of random selection and shall write or print the names, in the order selected, on the jury list from which the jury is to be selected to try the case.  The clerk shall deliver a copy of the list to the State's counsel and to the defendant or his attorney.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1991, 72nd Leg., ch. 337, Sec. 1, eff. Sept. 1, 1991.
    
Art. 35.12.  MODE OF TESTING.  (a)  In testing the qualification of a prospective juror after the juror has been sworn, the juror shall be asked by the court, or under its direction:
1.  Except for failure to register, are you a qualified voter in this county and state under the Constitution and laws of this state?
2.  Have you ever been convicted of theft or any felony?
3.  Are you under indictment or legal accusation for theft or any felony?
(b)  In testing the qualifications of a prospective juror, with respect to whether the juror has been the subject of an order of nondisclosure or has a criminal history that includes information subject to that order, the juror may state only that the matter in question has been sealed.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 2, eff. Sept. 1, 1969;  Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 7, eff. Aug. 31, 1981.
Amended by: 
Acts 2005, 79th Leg., Ch. 1309, Sec. 4, eff. September 1, 2005.
    
Art. 35.13. PASSING JUROR FOR CHALLENGE.  A juror in a capital case in which the state has made it known it will seek the death penalty, held to be qualified, shall be passed for acceptance or challenge first to the state and then to the defendant.  Challenges to jurors are either peremptory or for cause.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1967, 60th Leg., p. 1739, ch. 659, Sec. 20, eff. Aug. 28, 1967.
    
Art. 35.14. A PEREMPTORY CHALLENGE.  A peremptory challenge is made to a juror without assigning any reason therefor.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.15. NUMBER OF CHALLENGES.  (a)  In capital cases in which the State seeks the death penalty both the State and defendant shall be entitled to fifteen peremptory challenges.  Where two or more defendants are tried together, the State shall be entitled to eight peremptory challenges for each defendant;  and each defendant shall be entitled to eight peremptory challenges.
(b) In non-capital felony cases and in capital cases in which the State does not seek the death penalty, the State and defendant shall each be entitled to ten peremptory challenges.  If two or more defendants are tried together each defendant shall be entitled to six peremptory challenges and the State to six for each defendant.
(c) The State and the defendant shall each be entitled to five peremptory challenges in a misdemeanor tried in the district court and to three in the county court, or county court at law.  If two or more defendants are tried together, each defendant shall be entitled to three such challenges and the State to three for each defendant in either court.
(d) The State and the defendant shall each be entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled and two peremptory challenges if three or four alternate jurors are to be impaneled.  The additional peremptory challenges provided by this subsection may be used against an alternate juror only, and the other peremptory challenges allowed by law may not be used against an alternate juror.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 4, eff. June 14, 1973;  Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 3, eff. Aug. 29, 1983.
      
Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 5, eff. Sept. 1, 1991.
    
Art. 35.16. REASONS FOR CHALLENGE FOR CAUSE.  (a)  A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve on the jury.  A challenge for cause may be made by either the state or the defense for any one of the following reasons:
1.  That the juror is not a qualified voter in the state and county under the Constitution and laws of the state; provided, however, the failure to register to vote shall not be a disqualification;
2.  That the juror has been convicted of misdemeanor theft or a felony;
3.  That the juror is under indictment or other legal accusation for misdemeanor theft or a felony;
4.  That the juror is insane;
5.  That the juror has such defect in the organs of feeling or hearing, or such bodily or mental defect or disease as to render the juror unfit for jury service, or that the juror is legally blind and the court in its discretion is not satisfied that the juror is fit for jury service in that particular case;
6.  That the juror is a witness in the case;
7.  That the juror served on the grand jury which found the indictment;
8.  That the juror served on a petit jury in a former trial of the same case;
9.  That the juror has a bias or prejudice in favor of or against the defendant;
10.  That from hearsay, or otherwise, there is established in the mind of the juror such a conclusion as to the guilt or innocence of the defendant as would influence the juror in finding a verdict.  To ascertain whether this cause of challenge exists, the juror shall first be asked whether, in the juror's opinion, the conclusion so established will influence the juror's verdict.  If the juror answers in the affirmative, the juror shall be discharged without further interrogation by either party or the court.  If the juror answers in the negative, the juror shall be further examined as to how the juror's conclusion was formed, and the extent to which it will affect the juror's action; and, if it appears to have been formed from reading newspaper accounts, communications, statements or reports or mere rumor or hearsay, and if the juror states that the juror feels able, notwithstanding such opinion, to render an impartial verdict upon the law and the evidence, the court, if satisfied that the juror is impartial and will render such verdict, may, in its discretion, admit the juror as competent to serve in such case.  If the court, in its discretion, is not satisfied that the juror is impartial, the juror shall be discharged;
11.  That the juror cannot read or write.
No juror shall be impaneled when it appears that the juror is subject to the second, third or fourth grounds of challenge for cause set forth above, although both parties may consent.  All other grounds for challenge may be waived by the party or parties in whose favor such grounds of challenge exist.
In this subsection "legally blind" shall mean having not more than 20/200 of visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
(b) A challenge for cause may be made by the State for any of the following reasons:
1. That the juror has conscientious scruples in regard to the infliction of the punishment of death for crime, in a capital case, where the State is seeking the death penalty;
2. That he is related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the defendant;  and
3. That he has a bias or prejudice against any phase of the law upon which the State is entitled to rely for conviction or punishment.
(c) A challenge for cause may be made by the defense for any of the following reasons:
1. That he is related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to the person injured by the commission of the offense, or to any prosecutor in the case;  and
2. That he has a bias or prejudice against any of the law applicable to the case upon which the defense is entitled to rely, either as a defense to some phase of the offense for which the defendant is being prosecuted or as a mitigation thereof or of the punishment therefor.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 3, eff. Sept. 1, 1969;  Acts 1975, 64th Leg., p. 475, ch. 202, Sec. 2, eff. Sept. 1, 1975;  Acts 1981, 67th Leg., p. 3143, ch. 827, Sec. 8, eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 619, ch. 134, Sec. 2, eff. Sept. 1, 1983.
      
Subsecs. (b), (c) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 10, eff. Aug. 26, 1991;  amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 801, Sec. 3, eff. September 1, 2005.
    
Art. 35.17. VOIR DIRE EXAMINATION.
1. When the court in its discretion so directs, except as provided in Section 2, the state and defendant shall conduct the voir dire examination of prospective jurors in the presence of the entire panel.
2. In a capital felony case in which the State seeks the death penalty, the court shall propound to the entire panel of prospective jurors questions concerning the principles, as applicable to the case on trial, of reasonable doubt, burden of proof, return of indictment by grand jury, presumption of innocence, and opinion.  Then, on demand of the State or defendant, either is entitled to examine each juror on voir dire individually and apart from the entire panel, and may further question the juror on the principles propounded by the court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 5, eff. June 14, 1973.
      
Subsec. 2 amended by Acts 1991, 72nd Leg., ch. 652, Sec. 6, eff. Sept. 1, 1991.
    
Art. 35.18. OTHER EVIDENCE ON CHALLENGE.  Upon a challenge for cause, the examination is not confined to the answers of the juror, but other evidence may be heard for or against the challenge.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.19. ABSOLUTE DISQUALIFICATION.  No juror shall be impaneled when it appears that he is subject to the second, third or fourth cause of challenge in Article 35.16, though both parties may consent.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1969, 61st Leg., p. 1364, ch. 412, Sec. 4, eff. Sept. 1, 1969.
    
Art. 35.20. NAMES CALLED IN ORDER.  In selecting the jury from the persons summoned, the names of such persons shall be called in the order in which they appear upon the list furnished the defendant.  Each juror shall be tried and passed upon separately.  A person who has been summoned, but who is not present, may, upon his appearance before the jury is completed, be tried as to his qualifications and impaneled as a juror, unless challenged, but no cause shall be unreasonably delayed on account of such absence.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.21. JUDGE TO DECIDE QUALIFICATIONS.  The court is the judge, after proper examination, of the qualifications of a juror, and shall decide all challenges without delay and without argument thereupon.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.22. OATH TO JURY.  When the jury has been selected, the following oath shall be administered them by the court or under its direction:  "You and each of you do solemnly swear that in the case of the State of Texas against the defendant, you will a true verdict render according to the law and the evidence, so help you God".
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.23. JURORS MAY SEPARATE.  The court may adjourn veniremen to any day of the term.  When jurors have been sworn in a felony case, the court may, at its discretion, permit the jurors to separate until the court has given its charge to the jury.  The court on its own motion may and on the motion of either party shall, after having given its charge to the jury, order that the jury not be allowed to separate, after which the jury shall be kept together, and not permitted to separate except to the extent of housing female jurors separate and apart from male jurors, until a verdict has been rendered or the jury finally discharged.  Any person who makes known to the jury which party made the motion not to allow separation of the jury shall be punished for contempt of court.  If such jurors are kept overnight, facilities shall be provided for female jurors separate and apart from the facilities provided for male jurors.  In misdemeanor cases the court may, at its discretion, permit the jurors to separate at any time before the verdict.  In any case in which the jury is permitted to separate, the court shall first give the jurors proper instructions with regard to their conduct as jurors when so separated.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
      
Amended by Acts 1989, 71st Leg., ch. 825, Sec. 1, eff. Sept. 1, 1989.
    
Art. 35.25. MAKING PEREMPTORY CHALLENGE.  In non-capital cases and in capital cases in which the State's attorney has announced that he will not qualify the jury for, or seek the death penalty, the party desiring to challenge any juror peremptorily shall strike the name of such juror from the list furnished him by the clerk.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.26. LISTS RETURNED TO CLERK.  (a)  When the parties have made or declined to make their peremptory challenges, they shall deliver their lists to the clerk.  Except as provided in Subsection (b) of this section, the clerk shall, if the case be in the district court, call off the first twelve names on the lists that have not been stricken.  If the case be in the county court, he shall call off the first six names on the lists that have not been stricken.  Those whose names are called shall be the jury.
(b) In a capital case in which the state seeks the death penalty, the court may direct that two alternate jurors be selected and that the first fourteen names not stricken be called off by the clerk.  The last two names to be called are the alternate jurors.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1981, 67th Leg., p. 2264, ch. 545, Sec. 1, eff. June 12, 1981.
      
Subsec. (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 7, eff. Sept. 1, 1991.
    
Art. 35.261. PEREMPTORY CHALLENGES BASED ON RACE PROHIBITED.  (a)  After the parties have delivered their lists to the clerk under Article 35.26 of this code and before the court has impanelled the jury, the defendant may request the court to dismiss the array and call a new array in the case.  The court shall grant the motion of a defendant for dismissal of the array if the court determines that the defendant is a member of an identifiable racial group, that the attorney representing the state exercised peremptory challenges for the purpose of excluding persons from the jury on the basis of their race, and that the defendant has offered evidence of relevant facts that tend to show that challenges made by the attorney representing the state were made for reasons based on race.  If the defendant establishes a prima facie case, the burden then shifts to the attorney representing the state to give a racially neutral explanation for the challenges.  The burden of persuasion remains with the defendant to establish purposeful discrimination.
(b) If the court determines that the attorney representing the state challenged prospective jurors on the basis of race, the court shall call a new array in the case.
  
Acts 1987, 70th Leg., ch. 751, Sec. 1, eff. Aug. 31, 1987.
    
Art. 35.27. REIMBURSEMENT OF NONRESIDENT WITNESSES.
Expenses for Nonresident Witnesses

Sec. 1.  (a)  Every person subpoenaed by either party or otherwise required or requested in writing by the prosecuting attorney or the court to appear for the purpose of giving testimony in a criminal proceeding who resides outside the state or the county in which the prosecution is pending shall be reimbursed by the state for the reasonable and necessary transportation, meal, and lodging expenses he incurs by reason of his attendance as a witness at such proceeding.
(b) The state may reimburse a witness for transportation only if the transportation is provided by a commercial transportation company or the witness uses the witness's personally owned or leased motor vehicle.  In this article, "commercial transportation company" means an entity that offers transportation of people or goods to the public in exchange for compensation.
(c) The state may reimburse a witness for lodging only if the lodging is provided by a commercial lodging establishment.  In this article, "commercial lodging establishment" means a motel, hotel, inn, apartment, or similar entity that offers lodging to the public in exchange for compensation.
Amount of Reimbursement for Expenses

Sec. 2. Any person seeking reimbursement as a witness shall make an affidavit setting out the transportation, meal, and lodging expenses necessitated by his travel to and from and attendance at the place he appeared to give testimony, together with the number of days that such travel and attendance made him absent from his place of residence.  A reimbursement paid by the state to a witness for transportation, meal, or lodging expenses may not be paid at a rate that exceeds the maximum rates provided by law for state employees.
Direct Payment of Transportation or Lodging Expenses

Sec. 2A. If this article requires the state to reimburse a witness for transportation or lodging expenses, the state may instead directly pay a commercial transportation company or commercial lodging establishment for those expenses.
Other Expenses

Sec. 3. In addition to reimbursement or payment for transportation, meal, and lodging expenses , the comptroller, upon proper application by the attorney for the state, shall reimburse or pay the other expenses required by the laws of this state or the state from which the attendance of the witness is sought.
Application and Approval by Judge

Sec. 4. A reimbursement to a witness as provided by this article shall be paid by the state to the witness or his assignee.  Claim shall be made by sworn application to the comptroller, a copy of which shall be filed with the clerk of the court, setting out the facts showing entitlement as provided in this article to the reimbursement, which application shall be presented for approval by the judge who presided over the court or empaneled the grand jury before whom the criminal proceeding was pending.  No fee shall be required of any witness for the processing of his claim for reimbursement.
Payment by State

Sec. 5. The Comptroller of Public Accounts, upon receipt of a claim approved by the judge, shall examine it and, if he deems the claim in compliance with and authorized by this Article, draw his warrant on the State Treasury for the amount due the witness, or to any person to which the certificate has been assigned by the witness, but no warrant may issue to any assignee of a witness claim unless the assignment is made under oath and acknowledged before some person authorized to administer oaths, certified to by the officer, and under seal.  If the appropriation for paying the account is exhausted, the Comptroller of Public Accounts shall file it away and issue a certificate in the name of the witness entitled to it, stating therein the amount of the claim.  Each claim not filed in the office of the Comptroller of Public Accounts within twelve months from the date it became due and payable shall be forever barred.
Advance by State

Sec. 6. Funds required to be tendered to an out-of-state witness pursuant to Article 24.28 of this Code shall be paid by the Comptroller of Public Accounts into the registry of the Court in which the case is to be tried upon certification by the Court such funds are necessary to obtain attendance of said witness.  The court shall then cause to be issued checks drawn upon the registry of the Court to secure the attendance of such witness.  In the event that such funds are not used pursuant to this Act, the Court shall return the funds to the Comptroller of Public Accounts.
Advance by County

Sec. 7. The county in which a criminal proceeding is pending, upon request of the district attorney or other prosecutor charged with the duty of prosecution in the proceeding, may advance funds from its treasury to any witness who will be entitled to reimbursement under this article.  The amount advanced may not exceed the amount that is reasonably necessary to enable the witness to attend as required or requested.  However, the amount advanced may include sums in excess of the reimbursement provided for by this article if the excess is required for compliance with Section 4 of Article 24.28 in securing the attendance of a witness from another state under the Uniform Act.  A county that advances funds to a witness under this section is entitled to reimbursement by the state as an assignee of the witness.
Advance for Expenses for Witnesses of Indigent Defendant

Sec. 8. Upon application by a defendant shown to be indigent and a showing to the court of reasonable necessity and materiality for the testimony of a witness residing outside the State, the court shall act pursuant to Section 6 hereof to secure advance of funds necessary for the attendance of such witness.
Limitations

Sec. 9. A witness, when attached and conveyed by a sheriff or other officer, is not eligible to receive reimbursement of transportation, meal, or lodging expenses incurred while in the custody of the officer.  A court, in its discretion, may limit the number of character witnesses allowed reimbursement under this article to not fewer than two for each defendant and two per defendant for the state.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  Amended by Acts 1973, 63rd Leg., p. 1287, ch. 477, Sec. 2, eff. Aug. 27, 1973;  Acts 1979, 66th Leg., p. 1039, ch. 469, Sec. 1, eff. Sept. 1, 1979.
      
Secs. 1, 2 amended by and Sec. 2A added by Acts 1993, 73rd Leg., ch. 449, Sec. 18, eff. Sept. 1, 1993;  Secs. 3, 4 and 7 amended by Acts 1993, 73rd Leg., ch. 449, Sec. 18, eff. Sept. 1, 1993.
    
Art. 35.28. WHEN NO CLERK.  In each instance in Article 35.27 in which the clerk of the court is authorized or directed to perform any act, the judge of such court shall perform the same if there is no clerk of the court.
  
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
    
Art. 35.29. PERSONAL INFORMATION ABOUT JURORS.  Information collected by the court or by a prosecuting attorney during the jury selection process about a person who serves as a juror, including the juror's home address, home telephone number, social security number, driver's license number, and other personal information, is confidential and may not be disclosed by the court, the prosecuting attorney, the defense counsel, or any court personnel except on application by a party in the trial or on application by a bona fide member of the news media acting in such capacity to the court in which the person is serving or did serve as a juror.  On a showing of good cause, the court shall permit disclosure of the information sought.
  
Added by Acts 1993, 73rd Leg., ch. 371, Sec. 1, eff. Sept. 1, 1993.
      			  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 36. THE TRIAL BEFORE THE JURY

Art. 36.01. ORDER OF PROCEEDING IN TRIAL.  (a)  A jury being impaneled in any criminal action, except as provided by Subsection (b) of this article, the cause shall proceed in the following order:
1. The indictment or information shall be read to the jury by the attorney prosecuting.  When prior convictions are alleged for purposes of enhancement only and are not jurisdictional, that portion of the indictment or information reciting such convictions shall not be read until the hearing on punishment is held as provided in Article 37.07.
2. The special pleas, if any, shall be read by the defendant's counsel, and if the plea of not guilty is also relied upon, it shall also be stated.
3. The State's attorney shall state to the jury the nature of the accusation and the facts which are expected to be proved by the State in support thereof.
4. The testimony on the part of the State shall be offered.
5. The nature of the defenses relied upon and the facts expected to be proved in their support shall be stated by defendant's counsel.
6. The testimony on the part of the defendant shall be offered.
7. Rebutting testimony may be offered on the part of each party.
8. In the event of a finding of guilty, the trial shall then proceed as set forth in Article 37.07.
(b) The defendant's counsel may make the opening statement for the defendant immediately after the attorney representing the State makes the opening statement for the State.  After the defendant's attorney concludes the defendant's opening statement, the State's testimony shall be offered.  At the conclusion of the presentation of the State's testimony, the defendant's testimony shall be offered, and the order of proceedings shall continue in the manner described by Subsection (a) of this article.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 519, Sec. 1, eff. Sept. 1, 1987.
    
Art. 36.02. TESTIMONY AT ANY TIME.  The court shall allow testimony to be introduced at any time before the argument of a cause is concluded, if it appears that it is necessary to a due administration of justice.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.03. INVOCATION OF RULE.  (a)  Notwithstanding Rule 614, Texas Rules of Evidence, a court at the request of a party may order the exclusion of a witness who for the purposes of the prosecution is a victim, close relative of a deceased victim, or guardian of a victim only if the witness is to testify and the court determines that the testimony of the witness would be materially affected if the witness hears other testimony at the trial.
(b) On the objection of the opposing party, the court may require the party requesting exclusion of a witness under Subsection (a) to make an offer of proof to justify the exclusion.
(c) Subsection (a) does not limit the authority of the court on its own motion to exclude a witness or other person to maintain decorum in the courtroom.
(d) In this article:
(1) "Close relative of a deceased victim" and "guardian of a victim" have the meanings assigned by Article 56.01.
(2) "Victim" means a victim of any criminal offense.
(e) At the commencement of a trial, the court shall admonish each witness who is to testify as to those persons whom the court determines the witness may talk to about the case before the trial ends and those persons whom the witness may not talk to about the case.  The court may punish as contempt a witness who violates the admonishment provided by the court.
  
Added by Acts 2001, 77th Leg., ch. 1034, Sec. 1, eff. Sept. 1, 2001.
    
Art. 36.05. NOT TO HEAR TESTIMONY.  Witnesses under rule shall be attended by an officer, and all their reasonable wants provided for, unless the court, in its discretion, directs that they be allowed to go at large;  but in no case where the witnesses are under rule shall they be allowed to hear any testimony in the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.06. INSTRUCTED BY THE COURT.  Witnesses, when placed under rule, shall be instructed by the court that they are not to converse with each other or with any other person about the case, except by permission of the court, and that they are not to read any report of or comment upon the testimony in the case while under rule.  The officer who attends the witnesses shall report to the court at once any violation of its instructions, and the party violating the same shall be punished for contempt of court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.07. ORDER OF ARGUMENT.  The order of argument may be regulated by the presiding judge;  but the State's counsel shall have the right to make the concluding address to the jury.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.08. NUMBER OF ARGUMENTS.  The court shall never restrict the argument in felony cases to a number of addresses less than two on each side.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS.  Two or more defendants who are jointly or separately indicted or complained against for the same offense or any offense growing out of the same transaction may be, in the discretion of the court, tried jointly or separately as to one or more defendants;  provided that in any event either defendant may testify for the other or on behalf of the state;  and provided further, that in cases in which, upon timely motion to sever, and evidence introduced thereon, it is made known to the court that there is a previous admissible conviction against one defendant or that a joint trial would be prejudicial to any defendant, the court shall order a severance as to the defendant whose joint trial would prejudice the other defendant or defendants.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1739, ch. 659, Sec. 21, eff. Aug. 28, 1967.
    
Art. 36.10. ORDER OF TRIAL.  If a severance is granted, the defendants may agree upon the order in which they are to be tried, but if they fail to agree, the court shall direct the order of the trial.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.11. DISCHARGE BEFORE VERDICT.  If it appears during a trial that the court has no jurisdiction of the offense, or that the facts charged in the indictment do not constitute an offense, the jury shall be discharged.  The accused shall also be discharged, but such discharge shall be no bar in any case to a prosecution before the proper court for any offense unless termination of the former prosecution was improper.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 971, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 36.12. COURT MAY COMMIT.  If the want of jurisdiction arises from the fact that the defendant is not liable to prosecution in the county where the indictment was presented, the court may in felony cases order the accused into custody for a reasonable length of time to await a warrant for his arrest from the proper county;  or if the offense be bailable, may require him to enter into recognizance to answer before the proper court;  in which case a certified copy of the recognizance shall be sent forthwith to the clerk of the proper court, to be enforced by that court in case of forfeiture.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.13. JURY IS JUDGE OF FACTS.  Unless otherwise provided in this Code, the jury is the exclusive judge of the facts, but it is bound to receive the law from the court and be governed thereby.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.14. CHARGE OF COURT.  Subject to the provisions of Article 36.07 in each felony case and in each misdemeanor case tried in a court of record, the judge shall, before the argument begins, deliver to the jury, except in pleas of guilty, where a jury has been waived, a written charge distinctly setting forth the law applicable to the case;  not expressing any opinion as to the weight of the evidence, not summing up the testimony, discussing the facts or using any argument in his charge calculated to arouse the sympathy or excite the passions of the jury.  Before said charge is read to the jury, the defendant or his counsel shall have a reasonable time to examine the same and he shall present his objections thereto in writing, distinctly specifying each ground of objection.  Said objections may embody errors claimed to have been committed in the charge, as well as errors claimed to have been committed by omissions therefrom or in failing to charge upon issues arising from the facts, and in no event shall it be necessary for the defendant or his counsel to present special requested charges to preserve or maintain any error assigned to the charge, as herein provided.  The requirement that the objections to the court's charge be in writing will be complied with if the objections are dictated to the court reporter in the presence of the court and the state's counsel, before the reading of the court's charge to the jury.  Compliance with the provisions of this Article is all that is necessary to preserve, for review, the exceptions and objections presented to the charge and any amendment or modification thereof.  In no event shall it be necessary for the defendant to except to the action of the court in over-ruling defendant's exceptions or objections to the charge.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 617, ch. 253, Sec. 1, eff. Sept. 1, 1975.
      
Amended by Acts 1981, 67th Leg., p. 2244, ch. 537, Sec. 1, eff. June 12, 1981.
    
Art. 36.15. REQUESTED SPECIAL CHARGES.  Before the court reads his charge to the jury, counsel on both sides shall have a reasonable time to present written instructions and ask that they be given to the jury.  The requirement that the instructions be in writing is complied with if the instructions are dictated to the court reporter in the presence of the court and the state's counsel, before the reading of the court's charge to the jury.  The court shall give or refuse these charges.  The defendant may, by a special requested instruction, call the trial court's attention to error in the charge, as well as omissions therefrom, and no other exception or objection to the court's charge shall be necessary to preserve any error reflected by any special requested instruction which the trial court refuses.
Any special requested charge which is granted shall be incorporated in the main charge and shall be treated as a part thereof, and the jury shall not be advised that it is a special requested charge of either party.  The judge shall read to the jury only such special charges as he gives.
When the defendant has leveled objections to the charge or has requested instructions or both, and the court thereafter modifies his charge and rewrites the same and in so doing does not respond to objections or requested charges, or any of them, then the objections or requested charges shall not be deemed to have been waived by the party making or requesting the same, but shall be deemed to continue to have been urged by the party making or requesting the same unless the contrary is shown by the record;  no exception by the defendant to the action of the court shall be necessary or required in order to preserve for review the error claimed in the charge.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1979, 36th Leg., p. 1109, ch. 525, Sec. 1, eff. Sept. 1, 1979.
      
Amended by Acts 1981, 67th Leg., p. 2245, ch. 537, Sec. 1, eff. June 12, 1981.
    
Art. 36.16. FINAL CHARGE.  After the judge shall have received the objections to his main charge, together with any special charges offered, he may make such changes in his main charge as he may deem proper, and the defendant or his counsel shall have the opportunity to present their objections thereto and in the same manner as is provided in Article 36.15, and thereupon the judge shall read his charge to the jury as finally written, together with any special charges given, and no further exception or objection shall be required of the defendant in order to preserve any objections or exceptions theretofore made.  After the argument begins no further charge shall be given to the jury unless required by the improper argument of counsel or the request of the jury, or unless the judge shall, in his discretion, permit the introduction of other testimony, and in the event of such further charge, the defendant or his counsel shall have the right to present objections in the same manner as is prescribed in Article 36.15.  The failure of the court to give the defendant or his counsel a reasonable time to examine the charge and specify the ground of objection shall be subject to review either in the trial court or in the appellate court.
  
Acts 1965, 56th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.17. CHARGE CERTIFIED BY JUDGE.  The general charge given by the court and all special charges given or refused shall be certified by the judge and filed among the papers in the cause.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.18. JURY MAY TAKE CHARGE.  The jury may take to their jury room the charges given by the court after the same have been filed.  They shall not be permitted to take with them any charge or part thereof which the court has refused to give.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.19. REVIEW OF CHARGE ON APPEAL.  Whenever it appears by the record in any criminal action upon appeal that any requirement of Articles 36.14, 36.15, 36.16, 36.17 and 36.18 has been disregarded, the judgment shall not be reversed unless the error appearing from the record was calculated to injure the rights of defendant, or unless it appears from the record that the defendant has not had a fair and impartial trial.  All objections to the charge and to the refusal of special charges shall be made at the time of the trial.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.21. TO PROVIDE JURY ROOM.  The sheriff shall provide a suitable room for the deliberation of the jury and supply them with such necessary food and lodging as he can obtain.  No intoxicating liquor shall be furnished them.  In all cases wherein a jury consists partly of male jurors and partly of female jurors, the sheriff shall provide facilities for the female jurors separate and apart from the facilities provided for the male jurors.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.215. RECORDING OF JURY DELIBERATIONS.  A person may not use any device to produce or make an audio, visual, or audio-visual broadcast, recording, or photograph of a jury while the jury is deliberating.
  
Added by Acts 2003, 78th Leg., ch. 54, Sec. 1, eff. Sept. 1, 2003.
    
Art. 36.22. CONVERSING WITH JURY.  No person shall be permitted to be with a jury while it is deliberating.  No person shall be permitted to converse with a juror about the case on trial except in the presence and by the permission of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.23. VIOLATION OF PRECEDING ARTICLE.  Any juror or other person violating the preceding Article shall be punished for contempt of court by confinement in jail not to exceed three days or by fine not to exceed one hundred dollars, or by both such fine and imprisonment.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.24. OFFICER SHALL ATTEND JURY.  The sheriff of the county shall furnish the court with a bailiff during the trial of any case to attend the wants of the jury and to act under the direction of the court.  If the person furnished by the sheriff is to be called as a witness in the case he may not serve as bailiff.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.25. WRITTEN EVIDENCE.  There shall be furnished to the jury upon its request any exhibits admitted as evidence in the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.26. FOREMAN OF JURY.  Each jury shall appoint one of its members foreman.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.27. JURY MAY COMMUNICATE WITH COURT.  When the jury wishes to communicate with the court, it shall so notify the sheriff, who shall inform the court thereof.  Any communication relative to the cause must be written, prepared by the foreman and shall be submitted to the court through the bailiff.  The court shall answer any such communication in writing, and before giving such answer to the jury shall use reasonable diligence to secure the presence of the defendant and his counsel, and shall first submit the question and also submit his answer to the same to the defendant or his counsel or objections and exceptions, in the same manner as any other written instructions are submitted to such counsel, before the court gives such answer to the jury, but if he is unable to secure the presence of the defendant and his counsel, then he shall proceed to answer the same as he deems proper.  The written instruction or answer to the communication shall be read in open court unless expressly waived by the defendant.
All such proceedings in felony cases shall be a part of the record and recorded by the court reporter.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.28. JURY MAY HAVE WITNESS RE-EXAMINED OR TESTIMONY READ.  In the trial of a criminal case in a court of record, if the jury disagree as to the statement of any witness they may, upon applying to the court, have read to them from the court reporter's notes that part of such witness testimony or the particular point in dispute, and no other;  but if there be no such reporter, or if his notes cannot be read to the jury, the court may cause such witness to be again brought upon the stand and the judge shall direct him to repeat his testimony as to the point in dispute, and no other, as nearly as he can in the language used on the trial.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.29. IF A JUROR DIES OR BECOMES DISABLED.  (a)  Not less than twelve jurors can render and return a verdict in a felony case.  It must be concurred in by each juror and signed by the foreman.  Except as provided in Subsection (b), however, after the trial of any felony case begins and a juror dies or, as determined by the judge, becomes disabled from sitting at any time before the charge of the court is read to the jury, the remainder of the jury shall have the power to render the verdict;  but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it.
(b) If alternate jurors have been selected in a capital case in which the state seeks the death penalty and a juror dies or becomes disabled from sitting at any time before the charge of the court is read to the jury, the alternate juror whose name was called first under Article 35.26 of this code shall replace the dead or disabled juror.  Likewise, if another juror dies or becomes disabled from sitting before the charge of the court is read to the jury, the other alternate juror shall replace the second juror to die or become disabled.
(c)  After the charge of the court is read to the jury, if a juror becomes so sick as to prevent the continuance of the juror's duty and an alternate juror is not available, or if any accident of circumstance occurs to prevent the jury from being kept together under circumstances under which the law or the instructions of the court requires that the jury be kept together, the jury shall be discharged, except that on agreement on the record by the defendant, the defendant's counsel, and the attorney representing the state 11 members of a jury may render a verdict and, if punishment is to be assessed by the jury, assess punishment.  If a verdict is rendered by less than the whole number of the jury, each member of the jury shall sign the verdict.
(d)  After the jury has rendered a verdict on the guilt or innocence of the defendant and, if applicable, the amount of punishment, the court shall discharge an alternate juror who has not replaced a juror.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 2264, ch. 545, Sec. 2, eff. June 12, 1981;  Subsec. (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 8, eff. Sept. 1, 1991;  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 866, Sec. 1, eff. Sept. 1, 1997;  Art. heading amended by Acts 2001, 77th Leg., ch. 1000, Sec. 1, eff. Sept. 1, 2001;  Subsec. (a) amended by Acts 2001, 77th Leg., ch. 1000, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 846, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 627, Sec. 1, eff. September 1, 2009.
    
Art. 36.30. DISCHARGING JURY IN MISDEMEANOR.  If nine of the jury can be kept together in a misdemeanor case in the district court, they shall not be discharged.  If more than three of the twelve are discharged, the entire jury shall be discharged.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.31. DISAGREEMENT OF JURY.  After the cause is submitted to the jury, it may be discharged when it cannot agree and both parties consent to its discharge;  or the court may in its discretion discharge it where it has been kept together for such time as to render it altogether improbable that it can agree.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.32. RECEIPT OF VERDICT AND FINAL ADJOURNMENT.  During the trial of any case, the term shall be deemed to have been extended until such time as the jury has rendered its verdict or been discharged according to law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 36.33. DISCHARGE WITHOUT VERDICT.  When a jury has been discharged, as provided in the four preceding Articles, without having rendered a verdict, the cause may be again tried at the same or another term.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      					  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 37. THE VERDICT

Art. 37.01. VERDICT.  A "verdict" is a written declaration by a jury of its decision of the issue submitted to it in the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.02. VERDICT BY NINE JURORS.  In misdemeanor cases in the district court, where one or more jurors have been discharged from serving after the cause has been submitted to them, if all the alternate jurors selected under Article 33.011 of this code have either been seated or discharged, and there be as many as nine of the jurors remaining, those remaining may render and return a verdict;  but in such case, the verdict must be signed by each juror rendering it.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 4, eff. Aug. 29, 1983.
    
Art. 37.03. IN COUNTY COURT.  In the county court the verdict must be concurred in by each juror.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.04. WHEN JURY HAS AGREED.  When the jury agrees upon a verdict, it shall be brought into court by the proper officer;  and if it states that it has agreed, the verdict shall be read aloud by the judge, the foreman, or the clerk.  If in proper form and no juror dissents therefrom, and neither party requests a poll of the jury, the verdict shall be entered upon the minutes of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1981, 67th Leg., p. 171, ch. 78, Sec. 1, eff. April 30, 1981.
    
Art. 37.05. POLLING THE JURY.  The State or the defendant shall have the right to have the jury polled, which is done by calling separately the name of each juror and asking him if the verdict is his.  If all, when asked, answer in the affirmative, the verdict shall be entered upon the minutes;  but if any juror answer in the negative, the jury shall retire again to consider its verdict.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.06. PRESENCE OF DEFENDANT.  In felony cases the defendant must be present when the verdict is read unless his absence is wilful or voluntary.  A verdict in a misdemeanor case may be received and read in the absence of the defendant.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.07. VERDICT MUST BE GENERAL;  SEPARATE HEARING ON PROPER PUNISHMENT.
Sec. 1.  (a)  The verdict in every criminal action must be general.  When there are special pleas on which a jury is to find they must say in their verdict that the allegations in such pleas are true or untrue.
(b) If the plea is not guilty, they must find that the defendant is either guilty or not guilty, and, except as provided in Section 2, they shall assess the punishment in all cases where the same is not absolutely fixed by law to some particular penalty.
(c) If the charging instrument contains more than one count or if two or more offenses are consolidated for trial pursuant to Chapter 3 of the Penal Code, the jury shall be instructed to return a finding of guilty or not guilty in a separate verdict as to each count and offense submitted to them.
Sec. 2.  (a)  In all criminal cases, other than misdemeanor cases of which the justice court or municipal court has jurisdiction, which are tried before a jury on a plea of not guilty, the judge shall, before argument begins, first submit to the jury the issue of guilt or innocence of the defendant of the offense or offenses charged, without authorizing the jury to pass upon the punishment to be imposed.  If the jury fails to agree on the issue of guilt or innocence, the judge shall declare a mistrial and discharge the jury, and jeopardy does not attach in the case.
(b)  Except as provided by Article 37.071 or 37.072, if a finding of guilty is returned, it shall then be the responsibility of the judge to assess the punishment applicable to the offense; provided, however, that (1) in any criminal action where the jury may recommend community supervision and the defendant filed his sworn motion for community supervision before the trial began, and (2) in other cases where the defendant so elects in writing before the commencement of the voir dire examination of the jury panel, the punishment shall be assessed by the same jury, except as provided in Section 3(c) of this article and in Article 44.29.  If a finding of guilty is returned, the defendant may, with the consent of the attorney for the state, change his election of one who assesses the punishment.
(c) Punishment shall be assessed on each count on which a finding of guilty has been returned.
Sec. 3. Evidence of prior criminal record in all criminal cases after a finding of guilty.
(a)(1) Regardless of the plea and whether the punishment be assessed by the judge or the jury, evidence may be offered by the state and the defendant as to any matter the court deems relevant to sentencing, including but not limited to the prior criminal record of the defendant, his general reputation, his character, an opinion regarding his character, the circumstances of the offense for which he is being tried, and, notwithstanding Rules 404 and 405, Texas Rules of Evidence, any other evidence of an extraneous crime or bad act that is shown beyond a reasonable doubt by evidence to have been committed by the defendant or for which he could be held criminally responsible, regardless of whether he has previously been charged with or finally convicted of the crime or act.  A court may consider as a factor in mitigating punishment the conduct of a defendant while participating in a program under Chapter 17 as a condition of release on bail.  Additionally, notwithstanding Rule 609(d), Texas Rules of Evidence, and subject to Subsection (h), evidence may be offered by the state and the defendant of an adjudication of delinquency based on a violation by the defendant of a penal law of the grade of:
(A) a felony;  or
(B) a misdemeanor punishable by confinement in jail.
(2) Notwithstanding Subdivision (1), evidence may not be offered by the state to establish that the race or ethnicity of the defendant makes it likely that the defendant will engage in future criminal conduct.
(b) After the introduction of such evidence has been concluded, and if the jury has the responsibility of assessing the punishment, the court shall give such additional written instructions as may be necessary and the order of procedure and the rules governing the conduct of the trial shall be the same as are applicable on the issue of guilt or innocence.
(c)  If the jury finds the defendant guilty and the matter of punishment is referred to the jury, the verdict shall not be complete until a jury verdict has been rendered on both the guilt or innocence of the defendant and the amount of punishment.  In the event the jury shall fail to agree on the issue of punishment, a mistrial shall be declared only in the punishment phase of the trial, the jury shall be discharged, and no jeopardy shall attach.  The court shall impanel another jury as soon as practicable to determine the issue of punishment.
(d) When the judge assesses the punishment, he may order an investigative report as contemplated in Section 9 of Article 42.12 of this code and after considering the report, and after the hearing of the evidence hereinabove provided for, he shall forthwith announce his decision in open court as to the punishment to be assessed.
(e) Nothing herein contained shall be construed as affecting the admissibility of extraneous offenses on the question of guilt or innocence.
(f) In cases in which the matter of punishment is referred to a jury, either party may offer into evidence the availability of community corrections facilities serving the jurisdiction in which the offense was committed.
(g)  On timely request of the defendant, notice of intent to introduce evidence under this article shall be given in the same manner required by Rule 404(b), Texas Rules of Evidence.  If the attorney representing the state intends to introduce an extraneous crime or bad act that has not resulted in a final conviction in a court of record or a probated or suspended sentence, notice of that intent is reasonable only if the notice includes the date on which and the county in which the alleged crime or bad act occurred and the name of the alleged victim of the crime or bad act.  The requirement under this subsection that the attorney representing the state give notice applies only if the defendant makes a timely request to the attorney representing the state for the notice.
(h) Regardless of whether the punishment will be assessed by the judge or the jury, neither the state nor the defendant may offer before sentencing evidence that the defendant plans to undergo an orchiectomy.
(i) Evidence of an adjudication for conduct that is a violation of a penal law of the grade of misdemeanor punishable by confinement in jail is admissible only if the conduct upon which the adjudication is based occurred on or after January 1, 1996.
Sec. 4.  (a)  In the penalty phase of the trial of a felony case in which the punishment is to be assessed by the jury rather than the court, if the offense of which the jury has found the defendant guilty is listed in Section 3g(a)(1), Article 42.12, of this code or if the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, of this code, unless the defendant has been convicted of an offense under Section 21.02, Penal Code, an offense under Section 22.021, Penal Code, that is punishable under Subsection (f) of that section, or a capital felony, the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn time off the period of incarceration imposed through the award of good conduct time.  Prison authorities may award good conduct time to a prisoner who exhibits good behavior, diligence in carrying out prison work assignments, and attempts at rehabilitation.  If a prisoner engages in misconduct, prison authorities may also take away all or part of any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the defendant will be imprisoned might be reduced by the award of parole.
"Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, he will not become eligible for parole until the actual time served equals one-half of the sentence imposed or 30 years, whichever is less, without consideration of any good conduct time he may earn.  If the defendant is sentenced to a term of less than four years, he must serve at least two years before he is eligible for parole.  Eligibility for parole does not guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and good conduct time might be applied to this defendant if he is sentenced to a term of imprisonment, because the application of these laws will depend on decisions made by prison and parole authorities.
"You may consider the existence of the parole law and good conduct time.  However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular defendant.  You are not to consider the manner in which the parole law may be applied to this particular defendant."
(b)  In the penalty phase of the trial of a felony case in which the punishment is to be assessed by the jury rather than the court, if the offense is punishable as a felony of the first degree, if a prior conviction has been alleged for enhancement of punishment as provided by Section 12.42(b), (c)(1) or (2), or (d), Penal Code, or if the offense is a felony not designated as a capital felony or a felony of the first, second, or third degree and the maximum term of imprisonment that may be imposed for the offense is longer than 60 years, unless the offense of which the jury has found the defendant guilty is an offense that is punishable under Section 21.02(h), Penal Code, or is listed in Section 3g(a)(1), Article 42.12, of this code or the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, of this code, the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn time off the period of incarceration imposed through the award of good conduct time.  Prison authorities may award good conduct time to a prisoner who exhibits good behavior, diligence in carrying out prison work assignments, and attempts at rehabilitation.  If a prisoner engages in misconduct, prison authorities may also take away all or part of any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the defendant will be imprisoned might be reduced by the award of parole.
"Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, he will not become eligible for parole until the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed or 15 years, whichever is less.  Eligibility for parole does not guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and good conduct time might be applied to this defendant if he is sentenced to a term of imprisonment, because the application of these laws will depend on decisions made by prison and parole authorities.
"You may consider the existence of the parole law and good conduct time.  However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular defendant.  You are not to consider the manner in which the parole law may be applied to this particular defendant."
(c) In the penalty phase of the trial of a felony case in which the punishment is to be assessed by the jury rather than the court, if the offense is punishable as a felony of the second or third degree, if a prior conviction has been alleged for enhancement as provided by Section 12.42(a), Penal Code, or if the offense is a felony not designated as a capital felony or a felony of the first, second, or third degree and the maximum term of imprisonment that may be imposed for the offense is 60 years or less, unless the offense of which the jury has found the defendant guilty is listed in Section 3g(a)(1), Article 42.12, of this code or the judgment contains an affirmative finding under Section 3g(a)(2), Article 42.12, of this code, the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if sentenced to a term of imprisonment, may earn time off the period of incarceration imposed through the award of good conduct time.  Prison authorities may award good conduct time to a prisoner who exhibits good behavior, diligence in carrying out prison work assignments, and attempts at rehabilitation.  If a prisoner engages in misconduct, prison authorities may also take away all or part of any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the defendant will be imprisoned might be reduced by the award of parole.
"Under the law applicable in this case, if the defendant is sentenced to a term of imprisonment, he will not become eligible for parole until the actual time served plus any good conduct time earned equals one-fourth of the sentence imposed.  Eligibility for parole does not guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and good conduct time might be applied to this defendant if he is sentenced to a term of imprisonment, because the application of these laws will depend on decisions made by prison and parole authorities.
"You may consider the existence of the parole law and good conduct time.  However, you are not to consider the extent to which good conduct time may be awarded to or forfeited by this particular defendant.  You are not to consider the manner in which the parole law may be applied to this particular defendant."
(d) This section does not permit the introduction of evidence on the operation of parole and good conduct time laws.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1739, ch. 659, Sec. 22, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 971, ch. 399, Sec. 2(A), eff. Jan. 1, 1974;  Acts 1973, 63rd Leg., p. 1126, ch. 426, art. 3, Sec. 2, eff. June 14, 1973.
      
Sec. 3(d) amended by Acts 1981, 67th Leg., p. 2466, ch. 639, Sec. 1, eff. Sept. 1, 1981;  Sec. 2(b) amended by Acts 1985, 69th Leg., ch. 291, Sec. 1, eff. Sept. 1, 1985;  Sec. 3(a) amended by Acts 1985, 69th Leg., ch. 685, Sec. 8(b), eff. Aug. 26, 1985;  Sec. 4 added by Acts 1985, 69th Leg., ch. 576, Sec. 1, eff. Sept. 1, 1985;  Sec. 2(b) amended by Acts 1987, 70th Leg., ch. 179, Sec. 2, eff. Aug. 31, 1987;  Sec. 3(a) amended by Acts 1987, 70th Leg., ch. 385, Sec. 19, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 386, Sec. 1, eff. Sept. 1, 1987;  Sec. 4 amended by Acts 1987, 70th Leg., ch. 66, Sec. 1, eff. May 6, 1987;  Acts 1987, 70th Leg., ch. 1101, Sec. 15, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 103, Sec. 1;  Sec. 3(a) amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.04, eff. Sept. 1, 1989;  Sec. 3(f) added by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 30, eff. June 18, 1990;  Sec. 3(a) amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.05, eff. Sept. 1, 1993;  Sec. 3(d) amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.01, eff. Sept. 1, 1993;  Sec. 3(g) added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.06, eff. Sept. 1, 1993;  Sec. 4 amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.02, eff. Sept. 1, 1993;  Sec. 3(a) amended by Acts 1995, 74th Leg., ch. 262, Sec. 82, eff. Jan. 1, 1996;  Sec. 3(a) amended by Acts 1997, 75th Leg., ch. 1086, Sec. 31, eff. Sept. 1, 1997;  Sec. 3(h) added by Acts 1997, 75th Leg., ch. 144, Sec. 2, eff. May 20, 1997;  Sec. 3(h) added by Acts 1997, 75th Leg., ch. 1086, Sec. 31, eff. Sept. 1, 1997;  relettered as Sec. 3(i) by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(7), eff. Sept. 1, 1999;  Sec. 3(a) amended by Acts 2001, 77th Leg., ch. 585, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 660, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 660, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 728, Sec. 4.003, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.14, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.15, eff. September 1, 2007.
    
Art. 37.071. PROCEDURE IN CAPITAL CASE.
Sec. 1.  If a defendant is found guilty in a capital felony case in which the state does not seek the death penalty, the judge shall sentence the defendant to life imprisonment without parole.
Sec. 2.  (a)  
(1)  If a defendant is tried for a capital offense in which the state seeks the death penalty, on a finding that the defendant is guilty of a capital offense, the court shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to death or life imprisonment without parole.  The proceeding shall be conducted in the trial court and, except as provided by Article 44.29(c) of this code, before the trial jury as soon as practicable.  In the proceeding, evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court deems relevant to sentence, including evidence of the defendant's background or character or the circumstances of the offense that mitigates against the imposition of the death penalty.  This subdivision shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Texas.  The state and the defendant or the defendant's counsel shall be permitted to present argument for or against sentence of death.  The introduction of evidence of extraneous conduct is governed by the notice requirements of Section 3(g), Article 37.07.  The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (c) or (e).
(2) Notwithstanding Subdivision (1), evidence may not be offered by the state to establish that the race or ethnicity of the defendant makes it likely that the defendant will engage in future criminal conduct.
(b) On conclusion of the presentation of the evidence, the court shall submit the following issues to the jury:
(1) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society;  and
(2) in cases in which the jury charge at the guilt or innocence stage permitted the jury to find the defendant guilty as a party under Sections 7.01 and 7.02, Penal Code, whether the defendant actually caused the death of the deceased or did not actually cause the death of the deceased but intended to kill the deceased or another or anticipated that a human life would be taken.
(c) The state must prove each issue submitted under Subsection (b) of this article beyond a reasonable doubt, and the jury shall return a special verdict of "yes" or "no" on each issue submitted under Subsection (b) of this Article.
(d) The court shall charge the jury that:
(1) in deliberating on the issues submitted under Subsection (b) of this article, it shall consider all evidence admitted at the guilt or innocence stage and the punishment stage, including evidence of the defendant's background or character or the circumstances of the offense that militates for or mitigates against the imposition of the death penalty;
(2) it may not answer any issue submitted under Subsection (b) of this article "yes" unless it agrees unanimously and it may not answer any issue "no" unless 10 or more jurors agree;  and
(3) members of the jury need not agree on what particular evidence supports a negative answer to any issue submitted under Subsection (b) of this article.
(e)(1)  The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue:
Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed.
(2)  The court shall:
(A)  instruct the jury that if the jury answers that a circumstance or circumstances warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed, the court will sentence the defendant to imprisonment in the Texas Department of Criminal Justice for life without parole; and
(B)  charge the jury that a defendant sentenced to confinement for life without parole under this article is ineligible for release from the department on parole.
(f) The court shall charge the jury that in answering the issue submitted under Subsection (e) of this article, the jury:
(1) shall answer the issue "yes" or "no";
(2) may not answer the issue "no" unless it agrees unanimously and may not answer the issue "yes" unless 10 or more jurors agree;
(3) need not agree on what particular evidence supports an affirmative finding on the issue;  and
(4) shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness.
(g)  If the jury returns an affirmative finding on each issue submitted under Subsection (b) and a negative finding on an issue submitted under Subsection (e)(1), the court shall sentence the defendant to death.  If the jury returns a negative finding on any issue submitted under Subsection (b) or an affirmative finding on an issue submitted under Subsection (e)(1) or is unable to answer any issue submitted under Subsection (b) or (e), the court shall sentence the defendant to confinement in the Texas Department of Criminal Justice for life imprisonment without parole.
(h) The judgment of conviction and sentence of death shall be subject to automatic review by the Court of Criminal Appeals.
(i) This article applies to the sentencing procedure in a capital case for an offense that is committed on or after September 1, 1991.  For the purposes of this section, an offense is committed on or after September 1, 1991, if any element of that offense occurs on or after that date.
  
Added by Acts 1973, 63rd Leg., p. 1125, ch. 426, art. 3, Sec. 1, eff. June 14, 1973.
      
Subsec. (e) amended by Acts 1981, 67th Leg., p. 2673, ch. 725, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1985, 69th Leg., ch. 44, Sec. 2, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 652, Sec. 9, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 838, Sec. 1, eff. Sept. 1, 1991;  Subsec. (i) added by Acts 1993, 73rd Leg., ch. 781, Sec. 1, eff. Aug. 30, 1993;  Sec. 2(e) amended by Acts 1999, 76th Leg., ch. 140, Sec. 1, eff. Sept. 1, 1999;  Sec. 2(a) amended by Acts 2001, 77th Leg., ch. 585, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 399, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 787, Sec. 6, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 787, Sec. 7, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 787, Sec. 8, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 787, Sec. 9, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.015, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.016, eff. September 1, 2009.
    
Art. 37.0711. PROCEDURE IN CAPITAL CASE FOR OFFENSE COMMITTED BEFORE SEPTEMBER 1, 1991.
Sec. 1. This article applies to the sentencing procedure in a capital case for an offense that is committed before September 1, 1991, whether the sentencing procedure is part of the original trial of the offense, an award of a new trial for both the guilt or innocence stage and the punishment stage of the trial, or an award of a new trial only for the punishment stage of the trial.  For the purposes of this section, an offense is committed before September 1, 1991, if every element of the offense occurs before that date.
Sec. 2. If a defendant is found guilty in a case in which the state does not seek the death penalty, the judge shall sentence the defendant to life imprisonment.
Sec. 3.  (a)  (1) If a defendant is tried for a capital offense in which the state seeks the death penalty, on a finding that the defendant is guilty of a capital offense, the court shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to death or life imprisonment.  The proceeding shall be conducted in the trial court and, except as provided by Article 44.29(c) of this code, before the trial jury as soon as practicable.  In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence.  This subdivision shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of this state.  The state and the defendant or the defendant's counsel shall be permitted to present argument for or against sentence of death.
(2) Notwithstanding Subdivision (1), evidence may not be offered by the state to establish that the race or ethnicity of the defendant makes it likely that the defendant will engage in future criminal conduct.
(b) On conclusion of the presentation of the evidence, the court shall submit the following three issues to the jury:
(1) whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result;
(2) whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society;  and
(3) if raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased.
(c) The state must prove each issue submitted under Subsection (b) of this section beyond a reasonable doubt, and the jury shall return a special verdict of "yes" or "no" on each issue submitted.
(d) The court shall charge the jury that:
(1) it may not answer any issue submitted under Subsection (b) of this section "yes" unless it agrees unanimously;  and
(2) it may not answer any issue submitted under Subsection (b) of this section "no" unless 10 or more jurors agree.
(e) The court shall instruct the jury that if the jury returns an affirmative finding on each issue submitted under Subsection (b) of this section, it shall answer the following issue:
Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed.
(f) The court shall charge the jury that, in answering the issue submitted under Subsection (e) of this section, the jury:
(1) shall answer the issue "yes" or "no";
(2) may not answer the issue "no" unless it agrees unanimously and may not answer the issue "yes" unless 10 or more jurors agree;  and
(3) shall consider mitigating evidence that a juror might regard as reducing the defendant's moral blameworthiness.
(g)  If the jury returns an affirmative finding on each issue submitted under Subsection (b) and a negative finding on the issue submitted under Subsection (e), the court shall sentence the defendant to death.  If the jury returns a negative finding on any issue submitted under Subsection (b) or an affirmative finding on the issue submitted under Subsection (e) or is unable to answer any issue submitted under Subsection (b) or (e), the court shall sentence the defendant to confinement in the Texas Department of Criminal Justice for life.
(h) If a defendant is convicted of an offense under Section 19.03(a)(7), Penal Code, the court shall submit the issues under Subsections (b) and (e) of this section only with regard to the conduct of the defendant in murdering the deceased individual first named in the indictment.
(i) The court, the attorney for the state, or the attorney for the defendant may not inform a juror or prospective juror of the effect of failure of the jury to agree on an issue submitted under this article.
(j) The Court of Criminal Appeals shall automatically review a judgment of conviction and sentence of death not later than the 60th day after the date of certification by the sentencing court of the entire record, unless the Court of Criminal Appeals extends the time for an additional period not to exceed 30 days for good cause shown.  Automatic review under this subsection has priority over all other cases before the Court of Criminal Appeals, and the court shall hear automatic reviews under rules adopted by the court for that purpose.
  
Added by Acts 1993, 73rd Leg., ch. 781, Sec. 2, eff. Aug. 30, 1993.  Sec. 3(h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.22, eff. Sept. 1, 1995;  Sec. 3(a) amended by Acts 2001, 77th Leg., ch. 585, Sec. 3, eff. Sept. 1, 2001.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.017, eff. September 1, 2009.
    
Art. 37.072.  PROCEDURE IN REPEAT SEX OFFENDER CAPITAL CASE
Sec. 1.  If a defendant is found guilty in a capital felony case punishable under Section 12.42(c)(3), Penal Code, in which the state does not seek the death penalty, the judge shall sentence the defendant to life imprisonment without parole.
Sec. 2.  (a)  (1)  If a defendant is tried for an offense punishable under Section 12.42(c)(3), Penal Code, in which the state seeks the death penalty, on a finding that the defendant is guilty of a capital offense, the court shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to death or life imprisonment without parole.  The proceeding shall be conducted in the trial court and, except as provided by Article 44.29(d) of this code, before the trial jury as soon as practicable.  In the proceeding, evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court considers relevant to sentence, including evidence of the defendant's background or character or the circumstances of the offense that mitigates against the imposition of the death penalty.  This subdivision may not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Texas.  The state and the defendant or the defendant's counsel shall be permitted to present argument for or against sentence of death.  The introduction of evidence of extraneous conduct is governed by the notice requirements of Section 3(g), Article 37.07.  The court, the attorney representing the state, the defendant, or the defendant's counsel may not inform a juror or a prospective juror of the effect of a failure of a jury to agree on issues submitted under Subsection (b) or (e).
(2)  Notwithstanding Subdivision (1), evidence may not be offered by the state to establish that the race or ethnicity of the defendant makes it likely that the defendant will engage in future criminal conduct.
(b)  On conclusion of the presentation of the evidence, the court shall submit the following issues to the jury:
(1)  whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society; and
(2)  in cases in which the jury charge at the guilt or innocence stage permitted the jury to find the defendant guilty as a party under Sections 7.01 and 7.02, Penal Code, whether the defendant actually engaged in the conduct prohibited by Section 22.021, Penal Code, or did not actually engage in the conduct prohibited by Section 22.021, Penal Code, but intended that the offense be committed against the victim or another intended victim.
(c)  The state must prove beyond a reasonable doubt each issue submitted under Subsection (b) of this section, and the jury shall return a special verdict of "yes" or "no" on each issue submitted under Subsection (b) of this section.
(d)  The court shall charge the jury that:
(1)  in deliberating on the issues submitted under Subsection (b) of this section, it shall consider all evidence admitted at the guilt or innocence stage and the punishment stage, including evidence of the defendant's background or character or the circumstances of the offense that militates for or mitigates against the imposition of the death penalty;
(2)  it may not answer any issue submitted under Subsection (b) of this section "yes" unless it agrees unanimously and it may not answer any issue "no" unless 10 or more jurors agree; and
(3)  members of the jury need not agree on what particular evidence supports a negative answer to any issue submitted under Subsection (b) of this section.
(e)(1)  The court shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b), it shall answer the following issue:
Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed.
(2)  The court shall:
(A)  instruct the jury that if the jury answers that a circumstance or circumstances warrant that a sentence of life imprisonment without parole rather than a death sentence be imposed, the court will sentence the defendant to imprisonment in the Texas Department of Criminal Justice for life without parole; and
(B)  charge the jury that a defendant sentenced to confinement for life without parole under this article is ineligible for release from the department on parole.
(f)  The court shall charge the jury that in answering the issue submitted under Subsection (e) of this section, the jury:
(1)  shall answer the issue "yes" or "no";
(2)  may not answer the issue "no" unless it agrees unanimously and may not answer the issue "yes" unless 10 or more jurors agree;
(3)  need not agree on what particular evidence supports an affirmative finding on the issue; and
(4)  shall consider mitigating evidence to be evidence that a juror might regard as reducing the defendant's moral blameworthiness.
(g)  If the jury returns an affirmative finding on each issue submitted under Subsection (b) and a negative finding on an issue submitted under Subsection (e)(1), the court shall sentence the defendant to death.  If the jury returns a negative finding on any issue submitted under Subsection (b) or an affirmative finding on an issue submitted under Subsection (e)(1) or is unable to answer any issue submitted under Subsection (b) or (e), the court shall sentence the defendant to imprisonment in the Texas Department of Criminal Justice for life without parole.
(h)  The judgment of conviction and sentence of death shall be subject to automatic review by the Court of Criminal Appeals.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.04, eff. September 1, 2007.
    
Art. 37.073. REPAYMENT OF REWARDS.  (a)  After a defendant has been convicted of a felony offense, the judge may order a defendant to repay all or part of a reward paid by a crime stoppers organization.
(b) In determining whether the defendant must repay the reward or part of the reward, the court shall consider:
(1) the ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment;  and
(2) the importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the state with due regard for the confidentiality of the crime stoppers organization records.
(c)  In this article, "crime stoppers organization" means a crime stoppers organization, as defined by Subdivision (2), Section 414.001, Government Code, that is approved by the Texas Crime Stoppers Council to receive payments of rewards under this article and Article 42.152.
  
Added by Acts 1989, 71st Leg., ch. 611, Sec. 1, eff. Sept. 1, 1989.  Renumbered from art. 37.072 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(5), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 10, eff. Sept. 1, 1997.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 168, Sec. 4, eff. May 27, 2009.
    
Art. 37.08. CONVICTION OF LESSER INCLUDED OFFENSE.  In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offense, but guilty of any lesser included offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 37.09. LESSER INCLUDED OFFENSE.  An offense is a lesser included offense if:
(1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
(2) it differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest suffices to establish its commission;
(3) it differs from the offense charged only in the respect that a less culpable mental state suffices to establish its commission;  or
(4) it consists of an attempt to commit the offense charged or an otherwise included offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 972, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 37.10. INFORMAL VERDICT.  (a)  If the verdict of the jury is informal, its attention shall be called to it, and with its consent the verdict may, under the direction of the court, be reduced to the proper form.  If the jury refuses to have the verdict altered, it shall again retire to its room to deliberate, unless it manifestly appear that the verdict is intended as an acquittal;  and in that case, the judgment shall be rendered accordingly, discharging the defendant.
(b) If the jury assesses punishment in a case and in the verdict assesses both punishment that is authorized by law for the offense and punishment that is not authorized by law for the offense, the court shall reform the verdict to show the punishment authorized by law and to omit the punishment not authorized by law.  If the trial court is required to reform a verdict under this subsection and fails to do so, the appellate court shall reform the verdict as provided by this subsection.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1985, 69th Leg., ch. 442, Sec. 1, eff. June 11, 1985.
    
Art. 37.11. DEFENDANTS TRIED JOINTLY.  Where several defendants are tried together, the jury may convict each defendant it finds guilty and acquit others.  If it agrees to a verdict as to one or more, it may find a verdict in accordance with such agreement, and if it cannot agree as to others, a mistrial may be entered as to them.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.12. JUDGMENT ON VERDICT.  On each verdict of acquittal or conviction, the proper judgment shall be entered immediately.  If acquitted, the defendant shall be at once discharged from all further liability upon the charge for which he was tried;  provided that, in misdemeanor cases where there is returned a verdict, or a plea of guilty is entered and the punishment assessed is by fine only, the court may, on written request of the defendant and for good cause shown, defer judgment until some other day fixed by order of the court;  but in no event shall the judgment be deferred for a longer period of time than six months.  On expiration of the time fixed by the order of the court, the court or judge thereof, shall enter judgment on the verdict or plea and the same shall be executed as provided by Chapter 43 of this Code.  Provided further, that the court or judge thereof, in the exercise of sound discretion may permit the defendant where judgment is deferred, to remain at large on his personal bond, or may require him to enter into bail bond in a sum at least double the amount of the assessed fine and costs, conditioned that the defendant and sureties, jointly and severally, will pay such fine and costs unless the defendant personally appears on the day, set in the order and discharges the judgment in the manner provided by Chapter 43 of this Code;  and for the enforcement of any judgment entered, all writs, processes and remedies of this Code are made applicable so far as necessary to carry out the provisions of this Article.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.13. IF JURY BELIEVES ACCUSED INSANE.  When a jury has been impaneled to assess the punishment upon a plea of guilty, it shall say in its verdict what the punishment is which it assesses;  but if it is of the opinion that a person pleading guilty is insane, it shall so report to the court, and an issue as to that fact shall be tried before another jury;  and if, upon such trial, it be found that the defendant is insane, such proceedings shall be had as directed in cases where a defendant becomes insane after conviction.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 37.14. ACQUITTAL OF HIGHER OFFENSE AS JEOPARDY.  If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense;  but he may, upon a second trial, be convicted of the same offense of which he was before convicted, or any other inferior thereto.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      				

	  					  	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 38. EVIDENCE IN CRIMINAL ACTIONS

Art. 38.01.  TEXAS FORENSIC SCIENCE COMMISSION
Sec. 1.  CREATION.  The Texas Forensic Science Commission is created.
Sec. 2.  DEFINITION.  In this article, "forensic analysis" has the meaning assigned by Article 38.35(a).
Sec. 3.  COMPOSITION.  (a)  The commission is composed of the following nine members:
(1)  four members appointed by the governor:
(A)  two of whom must have expertise in the field of forensic science;
(B)  one of whom must be a prosecuting attorney that the governor selects from a list of 10 names submitted by the Texas District and County Attorneys Association; and
(C)  one of whom must be a defense attorney that the governor selects from a list of 10 names submitted by the Texas Criminal Defense Lawyers Association;
(2)  three members appointed by the lieutenant governor:
(A)  one of whom must be a faculty member or staff member of The University of Texas who specializes in clinical laboratory medicine selected from a list of 10 names submitted to the lieutenant governor by the chancellor of The University of Texas System;
(B)  one of whom must be a faculty member or staff member of Texas A&M University who specializes in clinical laboratory medicine selected from a list of 10 names submitted to the lieutenant governor by the chancellor of The Texas A&M University System;
(C)  one of whom must be a faculty member or staff member of Texas Southern University who has expertise in pharmaceutical laboratory research selected from a list of 10 names submitted to the lieutenant governor by the chancellor of Texas Southern University; and
(3)  two members appointed by the attorney general:
(A)  one of whom must be a director or division head of the University of North Texas Health Science Center at Fort Worth Missing Persons DNA Database; and
(B)  one of whom must be a faculty or staff member of the Sam Houston State University College of Criminal Justice and have expertise in the field of forensic science or statistical analyses selected from a list of 10 names submitted to the lieutenant governor by the chancellor of Texas State University System.
(b)  Each member of the commission serves a two-year term.  The term of the members appointed under Subsections (a)(1) and (2) expires on September 1 of each odd-numbered year.  The term of the members appointed under Subsection (a)(3) expires on September 1 of each even-numbered year.
(c)  The governor shall designate a member of the commission to serve as the presiding officer.
Sec. 4.  DUTIES.  (a)  The commission shall:
(1)  develop and implement a reporting system through which accredited laboratories, facilities, or entities report professional negligence or misconduct;
(2)  require all laboratories, facilities, or entities that conduct forensic analyses to report professional negligence or misconduct to the commission; and
(3)  investigate, in a timely manner, any allegation of professional negligence or misconduct that would substantially affect the integrity of the results of a forensic analysis conducted by an accredited laboratory, facility, or entity.
(b)  An investigation under Subsection (a)(3):
(1)  must include the preparation of a written report that identifies and also describes the methods and procedures used to identify:
(A)  the alleged negligence or misconduct;
(B)  whether negligence or misconduct occurred; and
(C)  any corrective action required of the laboratory, facility, or entity; and
(2)  may include one or more:
(A)  retrospective reexaminations of other forensic analyses conducted by the laboratory, facility, or entity that may involve the same kind of negligence or misconduct; and
(B)  follow-up evaluations of the laboratory, facility, or entity to review:
(i)  the implementation of any corrective action required under Subdivision (1)(C); or
(ii)  the conclusion of any retrospective reexamination under Paragraph (A).
(c)  The commission by contract may delegate the duties described by Subsections (a)(1) and (3) to any person the commission determines to be qualified to assume those duties.
(d)  The commission may require that a laboratory, facility, or entity investigated under this section pay any costs incurred to ensure compliance with Subsection (b)(1).
(e)  The commission shall make all investigation reports completed under Subsection (b)(1) available to the public.  A report completed under Subsection (b)(1), in a subsequent civil or criminal proceeding, is not prima facie evidence of the information or findings contained in the report.
Sec. 5.  REIMBURSEMENT.  A member of the commission may not receive compensation but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660, Government Code, and the General Appropriations Act.
Sec. 6.  ASSISTANCE.  The Texas Legislative Council, the Legislative Budget Board, and The University of Texas at Austin shall assist the commission in performing the commission's duties.
Sec. 7.  SUBMISSION.  The commission shall submit any report received under Section 4(a)(2) and any report prepared under Section 4(b)(1) to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 1 of each even-numbered year.
  
Added by Acts 2005, 79th Leg., Ch. 1224, Sec. 1, eff. September 1, 2005.
    
Art. 38.02.  EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE OF CERTAIN INFORMATION.  A release of information by an attorney representing the state to defense counsel for a purpose relating to the pending or reasonably anticipated prosecution of a criminal case is not considered a voluntary release of information to the public for purposes of Section 552.007, Government Code, and does not waive the right to assert in the future that the information is excepted from required disclosure under Chapter 552, Government Code.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 630, Sec. 1, eff. June 19, 2009.
    
Art. 38.03. PRESUMPTION OF INNOCENCE.  All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.  The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 2247, ch. 539, Sec. 1, eff. June 12, 1981.
    
Art. 38.04. JURY ARE JUDGES OF FACTS.  The jury, in all cases, is the exclusive judge of the facts proved, and of the weight to be given to the testimony, except where it is provided by law that proof of any particular fact is to be taken as either conclusive or presumptive proof of the existence of another fact, or where the law directs that a certain degree of weight is to be attached to a certain species of evidence.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.05. JUDGE SHALL NOT DISCUSS EVIDENCE.  In ruling upon the admissibility of evidence, the judge shall not discuss or comment upon the weight of the same or its bearing in the case, but shall simply decide whether or not it is admissible;  nor shall he, at any stage of the proceeding previous to the return of the verdict, make any remark calculated to convey to the jury his opinion of the case.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL OFFENSE.  (a)  A conviction under Chapter 21, Section 22.011, or Section 22.021, Penal Code, is supportable on the uncorroborated testimony of the victim of the sexual offense if the victim informed any person, other than the defendant, of the alleged offense within one year after the date on which the offense is alleged to have occurred.
(b) The requirement that the victim inform another person of an alleged offense does not apply if at the time of the alleged offense the victim was a person:
(1) 17 years of age or younger;
(2) 65 years of age or older;  or
(3) 18 years of age or older who by reason of age or physical or mental disease, defect, or injury was substantially unable to satisfy the person's need for food, shelter, medical care, or protection from harm.
  
Added by Acts 1975, 64th Leg., p. 479, ch. 203, Sec. 6, eff. Sept. 1, 1975.
      
Amended by Acts 1983, 68th Leg., p. 2090, ch. 382, Sec. 1, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 7, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 200, Sec. 1, eff. May 19, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 12.01, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1018, Sec. 1, eff. Sept. 1, 2001.
    
Art. 38.071. TESTIMONY OF CHILD WHO IS VICTIM OF OFFENSE.
Sec. 1.  This article applies only to a hearing or proceeding in which the court determines that a child younger than 13 years of age would be unavailable to testify in the presence of the defendant about an offense defined by any of the following sections of the Penal Code:
(1)  Section 19.02 (Murder);
(2)  Section 19.03 (Capital Murder);
(3)  Section 19.04 (Manslaughter);
(4)  Section 20.04 (Aggravated Kidnapping);
(5)  Section 21.11 (Indecency with a Child);
(6)  Section 22.011 (Sexual Assault);
(7)  Section 22.02 (Aggravated Assault);
(8)  Section 22.021 (Aggravated Sexual Assault);
(9)  Section 22.04(e) (Injury to a Child, Elderly Individual, or Disabled Individual);
(10)  Section 22.04(f) (Injury to a Child, Elderly Individual, or Disabled Individual), if the conduct is committed intentionally or knowingly;
(11)  Section 25.02 (Prohibited Sexual Conduct);
(12)  Section 29.03 (Aggravated Robbery);
(13)  Section 43.25 (Sexual Performance by a Child); or
(14)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children).
Sec. 2.  (a)  The recording of an oral statement of the child made before the indictment is returned or the complaint has been filed is admissible into evidence if the court makes a determination that the factual issues of identity or actual occurrence were fully and fairly inquired into in a detached manner by a neutral individual experienced in child abuse cases that seeks to find the truth of the matter.
(b) If a recording is made under Subsection (a) of this section and after an indictment is returned or a complaint has been filed, by motion of the attorney representing the state or the attorney representing the defendant and on the approval of the court, both attorneys may propound written interrogatories that shall be presented by the same neutral individual who made the initial inquiries, if possible, and recorded under the same or similar circumstances of the original recording with the time and date of the inquiry clearly indicated in the recording.
(c) A recording made under Subsection (a) of this section is not admissible into evidence unless a recording made under Subsection (b) is admitted at the same time if a recording under Subsection (b) was requested prior to the time of the hearing or proceeding.
Sec. 3.  (a)  On its own motion or on the motion of the attorney representing the state or the attorney representing the defendant, the court may order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact.  To the extent practicable, only the judge, the court reporter, the attorneys for the defendant and for the state, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his testimony.  Only the attorneys and the judge may question the child.  To the extent practicable, the persons necessary to operate the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during his testimony, but does not permit the child to see or hear them.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact, but the court shall attempt to ensure that the child cannot hear or see the defendant.  The court shall permit the attorney for the defendant adequate opportunity to confer with the defendant during cross-examination of the child.  On application of the attorney for the defendant, the court may recess the proceeding before or during cross-examination of the child for a reasonable time to allow the attorney for the defendant to confer with defendant.
(b) The court may set any other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.
Sec. 4.  (a)  After an indictment has been returned or a complaint filed, on its own motion or on the motion of the attorney representing the state or the attorney representing the defendant, the court may order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court and the finder of fact.  To the extent practicable, only those persons permitted to be present at the taking of testimony under Section 3 of this article may be present during the taking of the child's testimony, and the persons operating the equipment shall be confined from the child's sight and hearing as provided by Section 3.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact but shall attempt to ensure that the child cannot hear or see the defendant.
(b) The court may set any other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.  The court shall also ensure that:
(1) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(2) the recording equipment was capable of making an accurate recording, the operator was competent, the quality of the recording is sufficient to allow the court and the finder of fact to assess the demeanor of the child and the interviewer, and the recording is accurate and is not altered;
(3) each voice on the recording is identified;
(4) the defendant, the attorneys for each party, and the expert witnesses for each party are afforded an opportunity to view the recording before it is shown in the courtroom;
(5) before giving his testimony, the child was placed under oath or was otherwise admonished in a manner appropriate to the child's age and maturity to testify truthfully;
(6) the court finds from the recording or through an in camera examination of the child that the child was competent to testify at the time the recording was made;  and
(7) only one continuous recording of the child was made or the necessity for pauses in the recordings or for multiple recordings is established at the hearing or proceeding.
(c) After a complaint has been filed or an indictment returned charging the defendant, on the motion of the attorney representing the state, the court may order that the deposition of the child be taken outside of the courtroom in the same manner as a deposition may be taken in a civil matter.  A deposition taken under this subsection is admissible into evidence.
Sec. 5.  (a)  On the motion of the attorney representing the state or the attorney representing the defendant and on a finding by the court that the following requirements have been substantially satisfied, the recording of an oral statement of the child made before a complaint has been filed or an indictment returned is admissible into evidence if:
(1) no attorney or peace officer was present when the statement was made;
(2) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(3) the recording equipment was capable of making an accurate recording, the operator of the equipment was competent, the quality of the recording is sufficient to allow the court and the finder of fact to assess the demeanor of the child and the interviewer, and the recording is accurate and has not been altered;
(4) the statement was not made in response to questioning calculated to lead the child to make a particular statement;
(5) every voice on the recording is identified;
(6) the person conducting the interview of the child in the recording is expert in the handling, treatment, and investigation of child abuse cases, present at the hearing or proceeding, called by the state, and subject to cross-examination;
(7) immediately after a complaint was filed or an indictment returned, the attorney representing the state notified the court, the defendant, and the attorney representing the defendant of the existence of the recording;
(8) the defendant, the attorney for the defendant, and the expert witnesses for the defendant were afforded an opportunity to view the recording before it is offered into evidence and, if a proceeding was requested as provided by Subsection (b) of this section, in a proceeding conducted before a district court judge but outside the presence of the jury were afforded an opportunity to cross-examine the child as provided by Subsection (b) of this section from any time immediately following the filing of the complaint or the returning of an indictment charging the defendant until the date the hearing or proceeding begins;
(9) the recording of the cross-examination, if there is one, is admissible under Subsection (b) of this section;
(10) before giving his testimony, the child was placed under oath or was otherwise admonished in a manner appropriate to the child's age and maturity to testify truthfully;
(11) the court finds from the recording or through an in camera examination of the child that the child was competent to testify at the time that the recording was made;  and
(12) only one continuous recording of the child was made or the necessity for pauses in the recordings or for multiple recordings has been established at the hearing or proceeding.
(b) On the motion of the attorney representing the defendant, a district court may order that the cross-examination of the child be taken and be recorded before the judge of that court at any time until a recording made in accordance with Subsection (a) of this section has been introduced into evidence at the hearing or proceeding. On a finding by the court that the following requirements were satisfied, the recording of the cross-examination of the child is admissible into evidence and shall be viewed by the finder of fact only after the finder of fact has viewed the recording authorized by Subsection (a) of this section if:
(1) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(2) the recording equipment was capable of making an accurate recording, the operator of the equipment was competent, the quality of the recording is sufficient to allow the court and the finder of fact to assess the demeanor of the child and the attorney representing the defendant, and the recording is accurate and has not been altered;
(3) every voice on the recording is identified;
(4) the defendant, the attorney representing the defendant, the attorney representing the state, and the expert witnesses for the defendant and the state were afforded an opportunity to view the recording before the hearing or proceeding began;
(5) the child was placed under oath before the cross-examination began or was otherwise admonished in a manner appropriate to the child's age and maturity to testify truthfully;  and
(6) only one continuous recording of the child was made or the necessity for pauses in the recordings or for multiple recordings was established at the hearing or proceeding.
(c) During cross-examination under Subsection (b) of this section, to the extent practicable, only a district court judge, the attorney representing the defendant, the attorney representing the state, persons necessary to operate the equipment, and any other person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his testimony.  Only the attorneys and the judge may question the child.  To the extent practicable, the persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during his testimony but does not permit the child to see or hear them.  The court shall permit the defendant to observe and hear the testimony of the child and to communicate contemporaneously with his attorney during periods of recess or by audio contact, but shall attempt to ensure that the child cannot hear or see the defendant.
(d) Under Subsection (b) of this section the district court may set any other conditions and limitations on the taking of the cross-examination of a child that it finds just and appropriate, taking into consideration the interests of the child, the rights of the defendant, and any other relevant factors.
Sec. 6. If the court orders the testimony of a child to be taken under Section 3 or 4 of this article or if the court finds the testimony of the child taken under Section 2 or 5 of this article is admissible into evidence, the child may not be required to testify in court at the proceeding for which the testimony was taken, unless the court finds there is good cause.
Sec. 7. In making any determination of good cause under this article, the court shall consider the rights of the defendant, the interests of the child, the relationship of the defendant to the child, the character and duration of the alleged offense, any court finding related to the availability of the child to testify, the age, maturity, and emotional stability of the child, the time elapsed since the alleged offense, and any other relevant factors.
Sec. 8.  (a)  In making a determination of unavailability under this article, the court shall consider relevant factors including the relationship of the defendant to the child, the character and duration of the alleged offense, the age, maturity, and emotional stability of the child, and the time elapsed since the alleged offense, and whether the child is more likely than not to be unavailable to testify because:
(1) of emotional or physical causes, including the confrontation with the defendant;  or
(2) the child would suffer undue psychological or physical harm through his involvement at the hearing or proceeding.
(b) A determination of unavailability under this article can be made after an earlier determination of availability.  A determination of availability under this article can be made after an earlier determination of unavailability.
Sec. 9. If the court finds the testimony taken under Section 2 or 5 of this article is admissible into evidence or if the court orders the testimony to be taken under Section 3 or 4 of this article and if the identity of the perpetrator is a contested issue, the child additionally must make an in-person identification of the defendant either at or before the hearing or proceeding.
Sec. 10. In ordering a child to testify under this article, the court shall take all reasonable steps necessary and available to minimize undue psychological trauma to the child and to minimize the emotional and physical stress to the child caused by relevant factors, including the confrontation with the defendant and the ordinary participation of the witness in the courtroom.
Sec. 11. In a proceeding under Section 2, 3, or 4 or Subsection (b) of Section 5 of this article, if the defendant is not represented by counsel and the court finds that the defendant is not able to obtain counsel for the purposes of the proceeding, the court shall appoint counsel to represent the defendant at the proceeding.
Sec. 12. In this article, "cross-examination" has the same meaning as in other legal proceedings in the state.
Sec. 13. The attorney representing the state shall determine whether to use the procedure provided in Section 2 of this article or the procedure provided in Section 5 of this article.
  
Added by Acts 1983, 68th Leg., p. 3828, ch. 599, Sec. 1, eff. Aug. 29, 1983.  Sec. 3 amended by Acts 1987, 70th Leg., ch. 998, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 55, Sec. 1, eff. Oct. 20, 1987;  Sec. 3(a) amended by Acts 1991, 72nd Leg., ch. 266, Sec. 1, eff. Sept. 1, 1991;  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.24, eff. Sept. 1, 1995;  Sec. 1 amended by Acts 2001, 77th Leg., ch. 338, Sec. 1, eff. Sept. 1, 2001;  Sec. 2(c) amended by Acts 2001, 77th Leg., ch. 338, Sec. 2, eff. Sept. 1, 2001;  Sec. 3(a) amended by Acts 2001, 77th Leg., ch. 338, Sec. 3, eff. Sept. 1, 2001;  Sec. 4(a), (b) amended by Acts 2001, 77th Leg., ch. 338, Sec. 4, eff. Sept. 1, 2001;  Sec. 5(a), (b) amended by Acts 2001, 77th Leg., ch. 338, Sec. 5, eff. Sept. 1, 2001;  Sec. 8(a) amended by Acts 2001, 77th Leg., ch. 338, Sec. 6, eff. Sept. 1, 2001;  Sec. 9 amended by Acts 2001, 77th Leg., ch. 338, Sec. 7, eff. Sept. 1, 2001;  Sec. 10 amended by Acts 2001, 77th Leg., ch. 338, Sec. 8, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.16, eff. September 1, 2007.
    
Art. 38.072. HEARSAY STATEMENT OF CHILD ABUSE VICTIM
 
Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 710, Sec. 1

 
Sec. 1.  This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if committed against a child younger than 14 years of age:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct);
(3)  Section 43.25 (Sexual Performance by a Child); or
(4)  Section 15.01 (Criminal Attempt), if the offense attempted is described by Subdivision (1), (2), or (3) of this section.
Sec. 2.
 
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 710, Sec. 2

 
(a)  This article applies only to statements that:
(1)  describe:
(A)  the alleged offense; or
(B)  if the statement is offered during the punishment phase of the proceeding, a crime, wrong, or act other than the alleged offense that is:
(i)  described by Section 1;
(ii)  allegedly committed by the defendant against the child who is the victim of the offense or another child younger than 14 years of age; and
(iii)  otherwise admissible as evidence under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or another law or rule of evidence of this state;
(2)  were made by the child against whom the charged offense or extraneous crime, wrong, or act was allegedly committed; and
(3)  were made to the first person, 18 years of age or older, other than the defendant, to whom the child made a statement about the offense or extraneous crime, wrong, or act.
(b) A statement that meets the requirements of Subsection (a) of this article is not inadmissible because of the hearsay rule if:
(1) on or before the 14th day before the date the proceeding begins, the party intending to offer the statement:
(A) notifies the adverse party of its intention to do so;
(B) provides the adverse party with the name of the witness through whom it intends to offer the statement;  and
(C) provides the adverse party with a written summary of the statement;
(2) the trial court finds, in a hearing conducted outside the presence of the jury, that the statement is reliable based on the time, content, and circumstances of the statement;  and
(3) the child testifies or is available to testify at the proceeding in court or in any other manner provided by law.
  
Added by Acts 1985, 69th Leg., ch. 590, Sec. 1, eff. Sept. 1, 1985.  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.25, eff. Sept. 1, 1995.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 710, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 710, Sec. 2, eff. September 1, 2009.
    
Text of article as amended by Acts 2009, 81st Leg., R.S., Ch. 284, Sec. 1

Art. 38.072.  HEARSAY STATEMENT OF CERTAIN ABUSE VICTIMS
Sec. 1.  This article applies to a proceeding in the prosecution of an offense under any of the following provisions of the Penal Code, if committed against a child 12 years of age or younger or a person with a disability:
(1)  Chapter 21 (Sexual Offenses) or 22 (Assaultive Offenses);
(2)  Section 25.02 (Prohibited Sexual Conduct); or
(3)  Section 43.25 (Sexual Performance by a Child).
Sec. 2.  (a)  This article applies only to statements that describe the alleged offense that:
(1)  were made by the child or person with a disability against whom the offense was allegedly committed; and
(2)  were made to the first person, 18 years of age or older, other than the defendant, to whom the child or person with a disability made a statement about the offense.
(b)  A statement that meets the requirements of Subsection (a) is not inadmissible because of the hearsay rule if:
(1)  on or before the 14th day before the date the proceeding begins, the party intending to offer the statement:
(A)  notifies the adverse party of its intention to do so;
(B)  provides the adverse party with the name of the witness through whom it intends to offer the statement; and
(C)  provides the adverse party with a written summary of the statement;
(2)  the trial court finds, in a hearing conducted outside the presence of the jury, that the statement is reliable based on the time, content, and circumstances of the statement; and
(3)  the child or person with a disability testifies or is available to testify at the proceeding in court or in any other manner provided by law.
Sec. 3.  In this article, "person with a disability" means a person 13 years of age or older who because of age or physical or mental disease, disability, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.
  
Added by Acts 1985, 69th Leg., ch. 590, Sec. 1, eff. Sept. 1, 1985.  Sec. 1 amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.25, eff. Sept. 1, 1995.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 284, Sec. 1, eff. June 11, 2009.
    
Art. 38.073. TESTIMONY OF INMATE WITNESSES.  In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is required to testify as a witness, any deposition or testimony of the inmate witness may be conducted by electronic means, in the same manner as permitted in civil cases under Section 30.012, Civil Practice and Remedies Code.
  
Added by Acts 2001, 77th Leg., ch. 788, Sec. 2, eff. June 14, 2001.
    
Art. 38.075.  CORROBORATION OF CERTAIN TESTIMONY REQUIRED.  (a)  A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant's interest during a time when the person was imprisoned or confined in the same correctional facility as the defendant unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.  In this subsection, "correctional facility" has the meaning assigned by Section 1.07, Penal Code.
(b)  Corroboration is not sufficient for the purposes of this article if the corroboration only shows that the offense was committed.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 1422, Sec. 1, eff. September 1, 2009.
    
Art. 38.08. DEFENDANT MAY TESTIFY.  Any defendant in a criminal action shall be permitted to testify in his own behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor shall the same be alluded to or commented on by counsel in the cause.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.10.  EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY PRIVILEGE.  The privilege of a person's spouse not to be called as a witness for the state does not apply in any proceeding in which the person is charged with:
(1)  a crime committed against the person's spouse, a minor child, or a member of the household of either spouse; or
(2)  an offense under Section 25.01, Penal Code (Bigamy).
  
Added by Acts 1995, 74th Leg., ch. 67, Sec. 2, eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 268, Sec. 4.01, eff. September 1, 2005.
    
Art. 38.101. COMMUNICATIONS BY DRUG ABUSERS.  A communication to any person involved in the treatment or examination of drug abusers by a person being treated voluntarily or being examined for admission to voluntary treatment for drug abuse is not admissible.  However, information derived from the treatment or examination of drug abusers may be used for statistical and research purposes if the names of the patients are not revealed.
  
Added by Acts 1971, 62nd Leg., p. 2984, ch. 983, Sec. 2, eff. June 15, 1971.
    
Art. 38.11.  JOURNALIST'S QUALIFIED TESTIMONIAL PRIVILEGE IN CRIMINAL PROCEEDINGS
Sec. 1.  DEFINITIONS.  In this article:
(1)  "Communication service provider" means a person or the parent, subsidiary, division, or affiliate of a person who transmits information chosen by a customer by electronic means, including:
(A)  a telecommunications carrier, as defined by Section 3, Communications Act of 1934 (47 U.S.C. Section 153);
(B)  a provider of information service, as defined by Section 3, Communications Act of 1934 (47 U.S.C. Section 153);
(C)  a provider of interactive computer service, as defined by Section 230, Communications Act of 1934 (47 U.S.C. Section 230); and
(D)  an information content provider, as defined by Section 230, Communications Act of 1934 (47 U.S.C. Section 230).
(2)  "Journalist" means a person, including a parent, subsidiary, division, or affiliate of a person, who for a substantial portion of the person's livelihood or for substantial financial gain, gathers, compiles, prepares, collects, photographs, records, writes, edits, reports, investigates, processes, or publishes news or information that is disseminated by a news medium or communication service provider and includes:
(A)  a person who supervises or assists in gathering, preparing, and disseminating the news or information; or
(B)  notwithstanding the foregoing, a person who is or was a journalist, scholar, or researcher employed by an institution of higher education at the time the person obtained or prepared the requested information, or a person who at the time the person obtained or prepared the requested information:
(i)  is earning a significant portion of the person's livelihood by obtaining or preparing information for dissemination by a news medium or communication service provider; or
(ii)  was serving as an agent, assistant, employee, or supervisor of a news medium or communication service provider.
(3)  "News medium" means a newspaper, magazine or periodical, book publisher, news agency, wire service, radio or television station or network, cable, satellite, or other transmission system or carrier or channel, or a channel or programming service for a station, network, system, or carrier, or an audio or audiovisual production company or Internet company or provider, or the parent, subsidiary, division, or affiliate of that entity, that disseminates news or information to the public by any means, including:
(A)  print;
(B)  television;
(C)  radio;
(D)  photographic;
(E)  mechanical;
(F)  electronic; and
(G)  other means, known or unknown, that are accessible to the public.
(4)  "Official proceeding" means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
(5)  "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if the person has not yet qualified for office or assumed the person's duties:
(A)  an officer, employee, or agent of government;
(B)  a juror or grand juror;
(C)  an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
(D)  an attorney or notary public when participating in the performance of a governmental function; or
(E)  a person who is performing a governmental function under a claim of right, although the person is not legally qualified to do so.
Sec. 2.  PURPOSE.  The purpose of this article is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice.
Sec. 3.  PRIVILEGE.  (a)  Except as otherwise provided by this article, a judicial, legislative, administrative, or other body with the authority to issue a subpoena or other compulsory process may not compel a journalist to testify regarding or to produce or disclose in an official proceeding:
(1)  any confidential or nonconfidential unpublished information, document, or item obtained or prepared while acting as a journalist; or
(2)  the source of any information, document, or item described by Subdivision (1).
(b)  A subpoena or other compulsory process may not compel the parent, subsidiary, division, or affiliate of a communication service provider or news medium to disclose the unpublished information, documents, or items or the source of any information, documents, or items that are privileged from disclosure under Subsection (a).
Sec. 4.  PRIVILEGE CONCERNING CONFIDENTIAL SOURCES.  (a)  A journalist may be compelled to testify regarding or to disclose the confidential source of any information, document, or item obtained while acting as a journalist if the person seeking the testimony, production, or disclosure makes a clear and specific showing that the source of any information, document, or item:
(1)  was observed by the journalist committing a felony criminal offense and the subpoenaing party has exhausted reasonable efforts to obtain from alternative sources the confidential source of any information, document, or item obtained or prepared while acting as a journalist;
(2)  is a person who confessed or admitted to the journalist the commission of a felony criminal offense and the subpoenaing party has exhausted reasonable efforts to obtain from alternative sources the confidential source of any information, document, or item obtained or prepared while acting as a journalist;
(3)  is a person for whom probable cause exists that the person participated in a felony criminal offense and the subpoenaing party has exhausted reasonable efforts to obtain from alternative sources the confidential source of any information, document, or item obtained or prepared while acting as a journalist; or
(4)  disclosure of the confidential source is reasonably necessary to stop or prevent reasonably certain death or substantial bodily harm.
(b)  If the alleged criminal conduct is the act of communicating, receiving, or possessing the information, document, or item, this section does not apply, and Section 5 governs the act.
(c)  Notwithstanding Subsection (b), if the information, document, or item was disclosed or received in violation of a grand jury oath given to either a juror or a witness under Article 19.34 or 20.16, a journalist may be compelled to testify if the person seeking the testimony, production, or disclosure makes a clear and specific showing that the subpoenaing party has exhausted reasonable efforts to obtain from alternative sources the confidential source of any information, document, or item obtained.  In this context, the court has the discretion to conduct an in camera hearing.  The court may not order the production of the confidential source until a ruling has been made on the motion.
(d)  An application for a subpoena of a journalist under Article 24.03, or a subpoena of a journalist issued by an attorney representing the state under Article 20.10 or 20.11, must be signed by the elected district attorney, elected criminal district attorney, or elected county attorney, as applicable.  If the elected district attorney, elected criminal district attorney, or elected county attorney has been disqualified or recused or has resigned, the application for the subpoena or the subpoena must be signed by the person succeeding the elected attorney.  If the elected officer is not in the jurisdiction, the highest ranking assistant to the elected officer must sign the subpoena.
Sec. 5.  PRIVILEGE CONCERNING UNPUBLISHED INFORMATION, DOCUMENT, OR ITEM AND NONCONFIDENTIAL SOURCES.  (a)  After service of subpoena and an opportunity to be heard, a court may compel a journalist, a journalist's employer, or a person with an independent contract with a journalist to testify regarding or to produce or disclose any unpublished information, document, or item or the source of any information, document, or item obtained while acting as a journalist, other than as described by Section 4, if the person seeking the unpublished information, document, or item or the source of any information, document, or item makes a clear and specific showing that:
(1)  all reasonable efforts have been exhausted to obtain the information from alternative sources; and
(2)  the unpublished information, document, or item:
(A)  is relevant and material to the proper administration of the official proceeding for which the testimony, production, or disclosure is sought and is essential to the maintenance of a claim or defense of the person seeking the testimony, production, or disclosure; or
(B)  is central to the investigation or prosecution of a criminal case and based on something other than the assertion of the person requesting the subpoena, reasonable grounds exist to believe that a crime has occurred.
(b)  The court, when considering an order to compel testimony regarding or to produce or disclose any unpublished information, document, or item or the source of any information, document, or item obtained while acting as a journalist, should consider the following factors, including but not limited to whether:
(1)  the subpoena is overbroad, unreasonable, or oppressive;
(2)  reasonable and timely notice was given of the demand for the information, document, or item;
(3)  in this instance, the interest of the party subpoenaing the information outweighs the public interest in gathering and dissemination of news, including the concerns of the journalist; and
(4)  the subpoena or compulsory process is being used to obtain peripheral, nonessential, or speculative information.
(c)  A court may not consider a single factor under Subsection (b) as outcome-determinative in the decision whether to compel the testimony or the production or disclosure of the unpublished information, document, or item, or the source of any information, document, or item.
Sec. 6.  NOTICE.  An order to compel testimony, production, or disclosure to which a journalist has asserted a privilege under this article may be issued only after timely notice to the journalist, the journalist's employer, or a person who has an independent contract with the journalist and a hearing.  The order must include clear and specific findings as to the showing made by the person seeking the testimony, production, or disclosure and the clear and specific evidence on which the court relied in issuing the court's order.
Sec. 7.  PUBLICATION OF PRIVILEGED INFORMATION.  Publication or dissemination by a news medium or communication service provider of information, documents, or items privileged under this article is not a waiver of the journalist's privilege regarding sources and unpublished information, documents, or items.
Sec. 8.  PUBLISHED INFORMATION.  This article does not apply to any information, document, or item that has at any time been published or broadcast by the journalist.
Sec. 9.  REIMBURSEMENT OF COSTS.  The subpoenaing party shall pay a journalist a reasonable fee for the journalist's time and costs incurred in providing the information, item, or document subpoenaed, based on the fee structure provided by Subchapter F, Chapter 552, Government Code.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 29, Sec. 2, eff. May 13, 2009.
    
Art. 38.111.  NEWS MEDIA RECORDINGS. Extrinsic evidence of the authenticity of evidence as a condition precedent to the admissibility of the evidence in a criminal proceeding is not required with respect to a recording that purports to be a broadcast by a radio or television station that holds a license issued by the Federal Communications Commission at the time of the recording.  The court may take judicial notice of the recording license as provided by Rule 201, Texas Rules of Evidence.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 29, Sec. 2, eff. May 13, 2009.
    
Art. 38.12. RELIGIOUS OPINION.  No person is incompetent to testify on account of his religious opinion or for the want of any religious belief.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.14. TESTIMONY OF ACCOMPLICE.  A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed;  and the corroboration is not sufficient if it merely shows the commission of the offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.141. TESTIMONY OF UNDERCOVER PEACE OFFICER OR SPECIAL INVESTIGATOR.  (a)  A defendant may not be convicted of an offense under Chapter 481, Health and Safety Code, on the testimony of a person who is not a licensed peace officer or a special investigator but who is acting covertly on behalf of a law enforcement agency or under the color of law enforcement unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed.
(b) Corroboration is not sufficient for the purposes of this article if the corroboration only shows the commission of the offense.
(c) In this article, "peace officer" means a person listed in Article 2.12, and "special investigator" means a person listed in Article 2.122.
  
Added by Acts 2001, 77th Leg., ch. 1102, Sec. 1, eff. Sept. 1, 2001.
    
Art. 38.15. TWO WITNESSES IN TREASON.  No person can be convicted of treason except upon the testimony of at least two witnesses to the same overt act, or upon his own confession in open court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.16. EVIDENCE IN TREASON.  Evidence shall not be admitted in a prosecution for treason as to an overt act not expressly charged in the indictment;  nor shall any person be convicted under an indictment for treason unless one or more overt acts are expressly charged therein.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.17. TWO WITNESSES REQUIRED.  In all cases where, by law, two witnesses, or one with corroborating circumstances, are required to authorize a conviction, if the requirement be not fulfilled, the court shall instruct the jury to render a verdict of acquittal, and they are bound by the instruction.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.18. PERJURY AND AGGRAVATED PERJURY.  (a)  No person may be convicted of perjury or aggravated perjury if proof that his statement is false rests solely upon the testimony of one witness other than the defendant.
(b) Paragraph (a) of this article does not apply to prosecutions for perjury or aggravated perjury involving inconsistent statements.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 973, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
    
Art. 38.19. INTENT TO DEFRAUD IN FORGERY.  In trials of forgery, it need not be proved that the defendant committed the act with intent to defraud any particular person.  It shall be sufficient to prove that the forgery was, in its nature, calculated to injure or defraud any of the sovereignties, bodies corporate or politic, officers or persons, named in the definition of forgery in the Penal Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.21. STATEMENT.  A statement of an accused may be used in evidence against him if it appears that the same was freely and voluntarily made without compulsion or persuasion, under the rules hereafter prescribed.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1977, 65th Leg., p. 935, ch. 348, Sec. 1, eff. Aug. 29, 1977.
    
Art. 38.22. WHEN STATEMENTS MAY BE USED.
Sec. 1. In this article, a written statement of an accused means a statement signed by the accused or a statement made by the accused in his own handwriting or, if the accused is unable to write, a statement bearing his mark, when the mark has been witnessed by a person other than a peace officer.
Sec. 2. No written statement made by an accused as a result of custodial interrogation is admissible as evidence against him in any criminal proceeding unless it is shown on the face of the statement that:
(a) the accused, prior to making the statement, either received from a magistrate the warning provided in Article 15.17 of this code or received from the person to whom the statement is made a warning that:
(1) he has the right to remain silent and not make any statement at all and that any statement he makes may be used against him at his trial;
(2) any statement he makes may be used as evidence against him in court;
(3) he has the right to have a lawyer present to advise him prior to and during any questioning;
(4) if he is unable to employ a lawyer, he has the right to have a lawyer appointed to advise him prior to and during any questioning;  and
(5) he has the right to terminate the interview at any time;  and
(b) the accused, prior to and during the making of the statement, knowingly, intelligently, and voluntarily waived the rights set out in the warning prescribed by Subsection (a) of this section.
Sec. 3.  (a)  No oral or sign language statement of an accused made as a result of custodial interrogation shall be admissible against the accused in a criminal proceeding unless:
(1) an electronic recording, which may include motion picture, video tape, or other visual recording, is made of the statement; 
(2) prior to the statement but during the recording the accused is given the warning in Subsection (a) of Section 2 above and the accused knowingly, intelligently, and voluntarily waives any rights set out in the warning; 
(3) the recording device was capable of making an accurate recording, the operator was competent, and the recording is accurate and has not been altered;
(4) all voices on the recording are identified;  and
(5) not later than the 20th day before the date of the proceeding, the attorney representing the defendant is provided with a true, complete, and accurate copy of all recordings of the defendant made under this article.
(b) Every electronic recording of any statement made by an accused during a custodial interrogation must be preserved until such time as the defendant's conviction for any offense relating thereto is final, all direct appeals therefrom are exhausted, or the prosecution of such offenses is barred by law.
(c) Subsection (a) of this section shall not apply to any statement which contains assertions of facts or circumstances that are found to be true and which conduce to establish the guilt of the accused, such as the finding of secreted or stolen property or the instrument with which he states the offense was committed.
(d) If the accused is a deaf person, the accused's statement under Section 2 or Section 3(a) of this article is not admissible against the accused unless the warning in Section 2 of this article is interpreted to the deaf person by an interpreter who is qualified and sworn as provided in Article 38.31 of this code.
(e) The courts of this state shall strictly construe Subsection (a) of this section and may not interpret Subsection (a) as making admissible a statement unless all requirements of the subsection have been satisfied by the state, except that:
(1) only voices that are material are identified;  and
(2) the accused was given the warning in Subsection (a) of Section 2 above or its fully effective equivalent.
Sec. 4. When any statement, the admissibility of which is covered by this article, is sought to be used in connection with an official proceeding, any person who swears falsely to facts and circumstances which, if true, would render the statement admissible under this article is presumed to have acted with intent to deceive and with knowledge of the statement's meaning for the purpose of prosecution for aggravated perjury under Section 37.03 of the Penal Code.  No person prosecuted under this subsection shall be eligible for probation.
Sec. 5. Nothing in this article precludes the admission of a statement made by the accused in open court at his trial, before a grand jury, or at an examining trial in compliance with Articles 16.03 and 16.04 of this code, or of a statement that is the res gestae of the arrest or of the offense, or of a statement that does not stem from custodial interrogation, or of a voluntary statement, whether or not the result of custodial interrogation, that has a bearing upon the credibility of the accused as a witness, or of any other statement that may be admissible under law.
Sec. 6. In all cases where a question is raised as to the voluntariness of a statement of an accused, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions.  If the statement has been found to have been voluntarily made and held admissible as a matter of law and fact by the court in a hearing in the absence of the jury, the court must enter an order stating its conclusion as to whether or not the statement was voluntarily made, along with the specific finding of facts upon which the conclusion was based, which order shall be filed among the papers of the cause.  Such order shall not be exhibited to the jury nor the finding thereof made known to the jury in any manner.  Upon the finding by the judge as a matter of law and fact that the statement was voluntarily made, evidence pertaining to such matter may be submitted to the jury and it shall be instructed that unless the jury believes beyond a reasonable doubt that the statement was voluntarily made, the jury shall not consider such statement for any purpose nor any evidence obtained as a result thereof.  In any case where a motion to suppress the statement has been filed and evidence has been submitted to the court on this issue, the court within its discretion may reconsider such evidence in his finding that the statement was voluntarily made and the same evidence submitted to the court at the hearing on the motion to suppress shall be made a part of the record the same as if it were being presented at the time of trial.  However, the state or the defendant shall be entitled to present any new evidence on the issue of the voluntariness of the statement prior to the court's final ruling and order stating its findings.
Sec. 7. When the issue is raised by the evidence, the trial judge shall appropriately instruct the jury, generally, on the law pertaining to such statement.
Sec. 8. Notwithstanding any other provision of this article, a written, oral, or sign language statement of an accused made as a result of a custodial interrogation is admissible against the accused in a criminal proceeding in this state if:
(1) the statement was obtained in another state and was obtained in compliance with the laws of that state or this state;  or
(2) the statement was obtained by a federal law enforcement officer in this state or another state and was obtained in compliance with the laws of the United States.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1740, ch. 659, Sec. 23, eff. Aug. 28, 1967;  Acts 1977, 65th Leg., p. 935, ch. 348, Sec. 2, eff. Aug. 29, 1977.
      
Sec. 3(a) amended by Acts 1979, 66th Leg., p. 398, ch. 186, Sec. 4, eff. May 15, 1979;  Sec. 3(d) added by Acts 1979, 66th Leg., p. 398, ch. 186, Sec. 5, eff. May 15, 1979;  Sec. 3 amended by Acts 1981, 67th Leg., p. 711, ch. 271, Sec. 1, eff. Sept. 1, 1981;  Sec. 3(a) amended by Acts 1989, 71st Leg., ch. 777, Sec. 1, eff. Sept. 1, 1989;  Sec. 3(e) added by Acts 1989, 71st Leg., ch. 777, Sec. 2, eff. Sept. 1, 1989;  Sec. 8 added by Acts 2001, 77th Leg., ch. 990, Sec. 1, eff. Sept. 1, 2001.
    
Art. 38.23. EVIDENCE NOT TO BE USED.  (a)  No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.
In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.
(b) It is an exception to the provisions of Subsection (a) of this Article that the evidence was obtained by a law enforcement officer acting in objective good faith reliance upon a warrant issued by a neutral magistrate based on probable cause.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1987, 70th Leg., ch. 546, Sec. 1, eff. Sept. 1, 1987.
    
Art. 38.25. WRITTEN PART OF INSTRUMENT CONTROLS.  When an instrument is partly written and partly printed, the written shall control the printed portion when the two are inconsistent.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.27. EVIDENCE OF HANDWRITING.  It is competent to give evidence of handwriting by comparison, made by experts or by the jury.  Proof by comparison only shall not be sufficient to establish the handwriting of a witness who denies his signature under oath.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 38.30. INTERPRETER.  (a)  When a motion for appointment of an interpreter is filed by any party or on motion of the court, in any criminal proceeding, it is determined that a person charged or a witness does not understand and speak the English language, an interpreter must be sworn to interpret for the person charged or the witness.  Any person may be subpoenaed, attached or recognized in any criminal action or proceeding, to appear before the proper judge or court to act as interpreter therein, under the same rules and penalties as are provided for witnesses.  In the event that the only available interpreter is not considered to possess adequate interpreting skills for the particular situation or the interpreter is not familiar with use of slang, the person charged or witness may be permitted by the court to nominate another person to act as intermediary between the person charged or witness and the appointed interpreter during the proceedings.
(a-1)  A qualified telephone interpreter may be sworn to interpret for the person in the trial of a Class C misdemeanor or a proceeding before a magistrate if an interpreter is not available to appear in person before the court or if the only available interpreter is not considered to possess adequate interpreting skills for the particular situation or is unfamiliar with the use of slang.  In this subsection, "qualified telephone interpreter" means a telephone service that employs:
(1)  licensed court interpreters as defined by Section 57.001, Government Code; or
(2)  federally certified court interpreters.
(b)  Except as provided by Subsection (c) of this article, interpreters appointed under the terms of this article will receive from the general fund of the county for their services a sum not to exceed $100 a day as follows:  interpreters shall be paid not less than $15 nor more than $100 a day at the discretion of the judge presiding, and when travel of the interpreter is involved all the actual expenses of travel, lodging, and meals incurred by the interpreter pertaining to the case the interpreter is appointed to serve shall be paid at the same rate applicable to state employees.
(c) A county commissioners court may set a payment schedule and expend funds for the services of interpreters in excess of the daily amount of not less than $15 or more than $100 established by Subsection (b) of this article.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 453, ch. 209, Sec. 1, eff. Aug. 27, 1979;  Acts 1991, 72nd Leg., ch. 700, Sec. 1, eff. June 16, 1991.
Amended by: 
Acts 2005, 79th Leg., Ch. 956, Sec. 1, eff. September 1, 2005.
    
Art. 38.31. INTERPRETERS FOR DEAF PERSONS.  (a)  If the court is notified by a party that the defendant is deaf and will be present at an arraignment, hearing, examining trial, or trial, or that a witness is deaf and will be called at a hearing, examining trial, or trial, the court shall appoint a qualified interpreter to interpret the proceedings in any language that the deaf person can understand, including but not limited to sign language.  On the court's motion or the motion of a party, the court may order testimony of a deaf witness and the interpretation of that testimony by the interpreter visually, electronically recorded for use in verification of the transcription of the reporter's notes.  The clerk of the court shall include that recording in the appellate record if requested by a party under Article 40.09 of this Code.
(b) Following the filing of an indictment, information, or complaint against a deaf defendant, the court on the motion of the defendant shall appoint a qualified interpreter to interpret in a language that the defendant can understand, including but not limited to sign language, communications concerning the case between the defendant and defense counsel.  The interpreter may not disclose a communication between the defendant and defense counsel or a fact that came to the attention of the interpreter while interpreting those communications if defense counsel may not disclose that communication or fact.
(c) In all cases where the mental condition of a person is being considered and where such person may be committed to a mental institution, and where such person is deaf, all of the court proceedings pertaining to him shall be interpreted by a qualified interpreter appointed by the court.
(d) A proceeding for which an interpreter is required to be appointed under this Article may not commence until the appointed interpreter is in a position not exceeding ten feet from and in full view of the deaf person.
(e) The interpreter appointed under the terms of this Article shall be required to take an oath that he will make a true interpretation to the person accused or being examined, which person is deaf, of all the proceedings of his case in a language that he understands;  and that he will repeat said deaf person's answer to questions to counsel, court, or jury, in the English language, in his best skill and judgment.
(f) Interpreters appointed under this Article are entitled to a reasonable fee determined by the court after considering the recommendations of the Texas Commission for the Deaf and Hard of Hearing.  When travel of the interpreter is involved all the actual expenses of travel, lodging, and meals incurred by the interpreter pertaining to the case he is appointed to serve shall be paid at the same rate applicable to state employees.
(g) In this Code:
(1) "Deaf person" means a person who has a hearing impairment, regardless of whether the person also has a speech impairment, that inhibits the person's comprehension of the proceedings or communication with others.
(2)  "Qualified interpreter" means an interpreter for the deaf who holds a current legal certificate issued by the National Registry of Interpreters for the Deaf or a current court interpreter certificate issued by the Board for Evaluation of Interpreters at the Department of Assistive or Rehabilitative Services.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 195, ch. 105, Sec. 2, eff. Aug. 28, 1967.
      
Amended by Acts 1979, 66th Leg., p. 396, ch. 186, Sec. 1, eff. May 15, 1979;  Acts 1987, 70th Leg., ch. 434, Sec. 1, eff. June 17, 1987;  Subsec. (f) amended by Acts 1995, 74th Leg., ch. 835, Sec. 14, eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 614, Sec. 11, eff. September 1, 2006.
    
Art. 38.32. PRESUMPTION OF DEATH.  (a)  Upon introduction and admission into evidence of a valid certificate of death wherein the time of death of the decedent has been entered by a licensed physician, a presumption exists that death occurred at the time stated in the certificate of death.
(b) A presumption existing pursuant to Section (a) of this Article is sufficient to support a finding as to time of death but may be rebutted through a showing by a preponderance of the evidence that death occurred at some other time.
  
Added by Acts 1969, 61st Leg., p. 1034, ch. 337, Sec. 1, eff. May 27, 1969.
    
Art. 38.33. PRESERVATION AND USE OF EVIDENCE OF CERTAIN MISDEMEANOR CONVICTIONS.
Sec. 1. The court shall order that a defendant who is convicted of a felony or a misdemeanor offense that is punishable by confinement in jail have a thumbprint of the defendant's right thumb rolled legibly on the judgment or the docket sheet in the case.  The court shall order a defendant who is placed on probation under Section 5 of Article 42.12, Code of Criminal Procedure, for an offense described by this section to have a thumbprint of the defendant's right thumb rolled legibly on the order placing the defendant on probation.  If the defendant does not have a right thumb, the defendant must have a thumbprint of the defendant's left thumb rolled legibly on the judgment, order, or docket sheet.  The defendant must have a fingerprint of the defendant's index finger rolled legibly on the judgment, order, or docket sheet if the defendant does not have a right thumb or a left thumb.  The judgment, order, or docket sheet must contain a statement that describes from which thumb or finger the print was taken, unless a rolled 10-finger print set was taken.  A clerk or bailiff of the court or other person qualified to take fingerprints shall take the thumbprint or fingerprint, either by use of the ink-rolled print method or by use of a live-scanning device that prints the thumbprint or fingerprint image on the judgment, order, or docket sheet.
Sec. 2. This article does not prohibit a court from including in the records of the case additional information to identify the defendant. 
  
Added by Acts 1979, 66th Leg., p. 1851, ch. 751, Sec. 1, eff. Sept. 1, 1979.  Sec. 1 amended by Acts 1983, 68th Leg., p. 1586, ch. 303, Sec. 7, eff. Jan. 1, 1984.  Amended by Acts 1987, 70th Leg., ch. 721, Sec. 1, eff. Sept. 1, 1987.  Sec. 1 amended by Acts 1989, 71st Leg., ch. 603, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.01, eff. Dec. 1, 1991.
    
Art. 38.34.  PHOTOGRAPHIC EVIDENCE IN THEFT CASES.  (a)  In this article, "property" means any tangible personal property.
(b)  A photograph of property that a person is alleged to have unlawfully appropriated with the intent to deprive the owner of the property is admissible into evidence under rules of law governing the admissibility of photographs.  The photograph is as admissible in evidence as is the property itself.
(c)  The provisions of Article 18.16 concerning the bringing of stolen property before a magistrate for examination are complied with if a photograph of the stolen property is brought before the magistrate.
(d)  The defendant's rights of discovery and inspection of tangible physical evidence are satisfied if a photograph of the property is made available to the defendant by the state on order of any court having jurisdiction over the cause.
  
Added by Acts 1985, 69th Leg., ch. 144, Sec. 1, eff. Sept. 1, 1985.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 613, Sec. 1, eff. September 1, 2009.
    
Art. 38.35.  FORENSIC ANALYSIS OF EVIDENCE;  ADMISSIBILITY.  (a)  In this article:
(1)  "Crime laboratory" includes a public or private laboratory or other entity that conducts a forensic analysis subject to this article.
(2)  "Criminal action" includes an investigation, complaint, arrest, bail, bond, trial, appeal, punishment, or other matter related to conduct proscribed by a criminal offense.
(3)  "Director" means the public safety director of the Department of Public Safety.
(4)  "Forensic analysis" means a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action.  The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court.  The term does not include:
(A)  latent print examination;
(B)  a test of a specimen of breath under Chapter 724, Transportation Code;
(C)  digital evidence;
(D)  an examination or test excluded by rule under Section 411.0205(c), Government Code;
(E)  a presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or
(F)  an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action.
(5)  "Physical evidence" means any tangible object, thing, or substance relating to a criminal action.
(b)  A law enforcement agency, prosecutor, or court may request a forensic analysis by a crime laboratory of physical evidence if the evidence was obtained in connection with the requesting entity's investigation or disposition of a criminal action and the requesting entity:
(1)  controls the evidence;
(2)  submits the evidence to the laboratory; or
(3)  consents to the analysis.
(c)  A law enforcement agency, other governmental agency, or private entity performing a forensic analysis of physical evidence may require the requesting law enforcement agency to pay a fee for such analysis.
(d)(1)  Except as provided by Subsection (e), a forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not admissible in a criminal action if, at the time of the analysis, the crime laboratory conducting the analysis was not accredited by the director under Section 411.0205, Government Code.
(2)  If before the date of the analysis the director issues a certificate of accreditation under Section 411.0205, Government Code, to a crime laboratory conducting the analysis, the certificate is prima facie evidence that the laboratory was accredited by the director at the time of the analysis.
(e)  A forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not inadmissible in a criminal action based solely on the accreditation status of the crime laboratory conducting the analysis if the laboratory:
(A)  except for making proper application, was eligible for accreditation by the director at the time of the examination or test; and
(B)  obtains accreditation from the director before the time of testimony about the examination or test.
(f)  This article does not apply to the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.
  
Added by Acts 1991, 72nd Leg., ch. 298, Sec. 1, eff. Sept. 1, 1991;  Art. heading amended by Acts 2003, 78th Leg., ch. 698, Sec. 1, eff. June 20, 2003;  Subsec. (a)(1) amended by Acts 2003, 78th Leg., ch. 698, Sec. 2, eff. June 20, 2003;  Subsecs. (d), (e) added by Acts 2003, 78th Leg., ch. 698, Sec. 3, eff. June 20, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1224, Sec. 2, eff. September 1, 2005.
    
Art. 38.36. EVIDENCE IN PROSECUTIONS FOR MURDER.  (a)  In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding the killing and the previous relationship existing between the accused and the deceased, together with all relevant facts and circumstances going to show the condition of the mind of the accused at the time of the offense.
(b) In a prosecution for murder, if a defendant raises as a defense a justification provided by Section 9.31, 9.32, or 9.33, Penal Code, the defendant, in order to establish the defendant's reasonable belief that use of force or deadly force was immediately necessary, shall be permitted to offer:
(1) relevant evidence that the defendant had been the victim of acts of family violence committed by the deceased, as family violence is defined by Section 71.004, Family Code;  and
(2) relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to family violence that are the basis of the expert's opinion.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 7.03, eff. Sept. 1, 1994.  Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(g), eff. Sept. 1, 2003.
    
Art. 38.37. EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS.
Sec. 1. This article applies to a proceeding in the prosecution of a defendant for an offense under the following provisions of the Penal Code, if committed against a child under 17 years of age:
(1) Chapter 21 (Sexual Offenses);
(2) Chapter 22 (Assaultive Offenses);
(3) Section 25.02 (Prohibited Sexual Conduct);
(4) Section 43.25 (Sexual Performance by a Child);  or
(5) an attempt or conspiracy to commit an offense listed in this section.
Sec. 2.  Notwithstanding Rules 404 and 405, Texas Rules of Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the child who is the victim of the alleged offense shall be admitted for its bearing on relevant matters, including:
(1)  the state of mind of the defendant and the child; and
(2)  the previous and subsequent relationship between the defendant and the child.
Sec. 3.  On timely request by the defendant, the state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 2 in the same manner as the state is required to give notice under Rule 404(b), Texas Rules of Evidence.
Sec. 4. This article does not limit the admissibility of evidence of extraneous crimes, wrongs, or acts under any other applicable law.
  
Added by Acts 1995, 74th Leg., ch. 318, Sec. 48(a), eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 728, Sec. 4.004, eff. September 1, 2005.
    
Art. 38.38. EVIDENCE RELATING TO RETAINING ATTORNEY.  Evidence that a person has contacted or retained an attorney is not admissible on the issue of whether the person committed a criminal offense.  In a criminal case, neither the judge nor the attorney representing the state may comment on the fact that the defendant has contacted or retained an attorney in the case.
  
Added by Acts 1995, 74th Leg., ch. 318, Sec. 49, eff. Sept. 1, 1995.
    
Art. 38.39. EVIDENCE IN AN AGGREGATION PROSECUTION WITH NUMEROUS VICTIMS.  In trials involving an allegation of a continuing scheme of fraud or theft alleged to have been committed against a large class of victims in an aggregate amount or value, it need not be proved by direct evidence that each alleged victim did not consent or did not effectively consent to the transaction in question.  It shall be sufficient if the lack of consent or effective consent to a particular transaction or transactions is proven by either direct or circumstantial evidence.
  
Added by Acts 2001, 77th Leg., ch. 1411, Sec. 2, eff. Sept. 1, 2001.
    
Art. 38.40. EVIDENCE OF PREGNANCY.  (a)  In a prosecution for the death of or injury to an individual who is an unborn child, the prosecution shall provide medical or other evidence that the mother of the individual was pregnant at the time of the alleged offense.
(b) For the purpose of this section, "individual" has the meaning assigned by Section 1.07, Penal Code.
  
Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.06, eff. Sept. 1, 2003.
    
Art. 38.41. CERTIFICATE OF ANALYSIS.
Sec. 1. A certificate of analysis that complies with this article is admissible in evidence on behalf of the state or the defendant to establish the results of a laboratory analysis of physical evidence conducted by or for a law enforcement agency without the necessity of the analyst personally appearing in court.
Sec. 2. This article does not limit the right of a party to summon a witness or to introduce admissible evidence relevant to the results of the analysis.
Sec. 3. A certificate of analysis under this article must contain the following information certified under oath:
(1) the names of the analyst and the laboratory employing the analyst;
(2) a statement that the laboratory employing the analyst is accredited by a nationally recognized board or association that accredits crime laboratories;
(3) a description of the analyst's educational background, training, and experience;
(4) a statement that the analyst's duties of employment included the analysis of physical evidence for one or more law enforcement agencies;
(5) a description of the tests or procedures conducted by the analyst;
(6) a statement that the tests or procedures used were reliable and approved by the laboratory employing the analyst;  and
(7) the results of the analysis.
Sec. 4. Not later than the 20th day before the trial begins in a proceeding in which a certificate of analysis under this article is to be introduced, the certificate must be filed with the clerk of the court and a copy must be provided by fax, hand delivery, or certified mail, return receipt requested, to the opposing party.  The certificate is not admissible under Section 1 if, not later than the 10th day before the trial begins, the opposing party files a written objection to the use of the certificate with the clerk of the court and provides a copy of the objection by fax, hand delivery, or certified mail, return receipt requested, to the offering party.
Sec. 5. A certificate of analysis is sufficient for purposes of this article if it uses the following form or if it otherwise substantially complies with this article:
CERTIFICATE OF ANALYSIS

BEFORE ME, the undersigned authority, personally appeared ______________________________, who being duly sworn, stated as follows:
My name is __________.  I am of sound mind, over the age of 18 years, capable of making this affidavit, and personally acquainted with the facts stated in this affidavit.
I am employed by the __________, which was authorized to conduct the analysis referenced in this affidavit.  Part of my duties for this laboratory involved the analysis of physical evidence for one or more law enforcement agencies.  This laboratory is accredited by __________.
My educational background is as follows:  (description of educational background)
My training and experience that qualify me to perform the tests or procedures referred to in this affidavit and determine the results of those tests or procedures are as follows:  (description of training and experience)
I received the physical evidence listed on laboratory report no. __________ (attached) on the ___ day of __________, 20___.  On the date indicated in the laboratory report, I conducted the following tests or procedures on the physical evidence:  (description of tests and procedures)
The tests and procedures used were reliable and approved by the laboratory.  The results are as indicated on the lab report.
__________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of __________, 20___.
__________
Notary Public, State of Texas
  
Added by Acts 2003, 78th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2003.
    
Art. 38.42. CHAIN OF CUSTODY AFFIDAVIT.
Sec. 1. A chain of custody affidavit that complies with this article is admissible in evidence on behalf of the state or the defendant to establish the chain of custody of physical evidence without the necessity of any person in the chain of custody personally appearing in court.
Sec. 2. This article does not limit the right of a party to summon a witness or to introduce admissible evidence relevant to the chain of custody.
Sec. 3. A chain of custody affidavit under this article must contain the following information stated under oath:
(1) the affiant's name and address;
(2) a description of the item of evidence and its container, if any, obtained by the affiant;
(3) the name of the affiant's employer on the date the affiant obtained custody of the physical evidence;
(4) the date and method of receipt and the name of the person from whom or location from which the item of physical evidence was received;
(5) the date and method of transfer and the name of the person to whom or location to which the item of physical evidence was transferred;  and
(6) a statement that the item of evidence was transferred in essentially the same condition as received except for any minor change resulting from field or laboratory testing procedures.
Sec. 4. Not later than the 20th day before the trial begins in a proceeding in which a chain of custody affidavit under this article is to be introduced, the affidavit must be filed with the clerk of the court and a copy must be provided by fax, hand delivery, or certified mail, return receipt requested, to the opposing party.  The affidavit is not admissible under Section 1 if, not later than the 10th day before the trial begins, the opposing party files a written objection to the use of the affidavit with the clerk of the court and provides a copy of the objection by fax, hand delivery, or certified mail, return receipt requested, to the offering party.
Sec. 5. A chain of custody affidavit is sufficient for purposes of this article if it uses the following form or if it otherwise substantially complies with this article:
CHAIN OF CUSTODY AFFIDAVIT

BEFORE ME, the undersigned authority, personally appeared ______________________________, who being by me duly sworn, stated as follows:
My name is __________.  I am of sound mind, over the age of 18 years, capable of making this affidavit, and personally acquainted with the facts stated in this affidavit.
My address is __________.
On the ___ day of __________, 20___, I was employed by ___________.
On that date, I came into possession of the physical evidence described as follows:  (description of evidence)
I received the physical evidence from __________ (name of person or description of location) on the ___ day of __________, 20___, by ___________ (method of receipt).
This physical evidence was in a container described and marked as follows:  (description of container)
I transferred the physical evidence to __________ (name of person or description of location) on the ___ day of __________, 20___, by ___________ (method of delivery).
During the time that the physical evidence was in my custody, I did not make any changes or alterations to the condition of the physical evidence except for those resulting from field or laboratory testing procedures, and the physical evidence or a representative sample of the physical evidence was transferred in essentially the same condition as received.
__________
Affiant
SWORN TO AND SUBSCRIBED before me on the ___ day of __________, 20___.
__________
Notary Public, State of Texas
  
Added by Acts 2003, 78th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2003.
    
Art. 38.43. PRESERVATION OF EVIDENCE CONTAINING BIOLOGICAL MATERIAL.  (a)  In a criminal case in which a defendant is convicted, the attorney representing the state, a clerk, or any other officer in possession of evidence described by Subsection (b) shall ensure the preservation of the evidence.
(b) This article applies to evidence that:
(1) was in the possession of the state during the prosecution of the case;  and
(2) at the time of conviction was known to contain biological material that if subjected to scientific testing would more likely than not:
(A) establish the identity of the person committing the offense;  or
(B) exclude a person from the group of persons who could have committed the offense.
(c) Except as provided by Subsection (d), material required to be preserved under this article must be preserved:
(1) until the inmate is executed, dies, or is released on parole, if the defendant was convicted of a capital felony;  or
(2) until the defendant dies, completes the defendant's sentence, or is released on parole or mandatory supervision, if the defendant is sentenced to a term of confinement or imprisonment.
(d) The attorney representing the state, clerk, or other officer in possession of evidence described by Subsection (b) may destroy the evidence, but only if the attorney, clerk, or officer by mail notifies the defendant, the last attorney of record for the defendant, and the convicting court of the decision to destroy the evidence and a written objection is not received by the attorney, clerk, or officer from the defendant, attorney of record, or court before the 91st day after the later of the following dates:
(1) the date on which the attorney representing the state, clerk, or other officer receives proof that the defendant received notice of the planned destruction of evidence;  or
(2) the date on which notice of the planned destruction of evidence is mailed to the last attorney of record for the defendant.
(e) To the extent of any conflict, this article controls over Article 2.21.
(f)(1)  This subsection applies only to evidence described by Subsection (b) that was used to prosecute and convict a defendant of an offense under Chapter 19, 21, or 22, Penal Code, if on conviction of the offense the defendant was sentenced to a term of imprisonment of 10 years or more.
(2)  In a county with a population less than 100,000, the attorney representing the state, clerk, or other officer in possession of any evidence to which this subsection applies shall ensure the preservation of the evidence by promptly delivering the evidence to the Department of Public Safety for storage in accordance with Section 411.052, Government Code, and department rules.
  
Added by Acts 2001, 77th Leg., ch. 2, Sec. 1, eff. April 5, 2001.
Renumbered from Code of Criminal Procedure, Art/Sec 38.39 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(8), eff. September 1, 2005.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1179, Sec. 1, eff. September 1, 2009.
    
Art. 38.44.  ADMISSIBILITY OF ELECTRONICALLY PRESERVED DOCUMENT.  An electronically preserved document has the same legal significance and admissibility as if the document had been maintained in hard-copy form.  If a party opposes admission of the document on the grounds that the document has been materially altered, the proponent of the document must disprove the allegation by a preponderance of the evidence.
  
Added by Acts 2005, 79th Leg., Ch. 312, Sec. 5, eff. June 17, 2005.
    
Art. 38.45.  EVIDENCE THAT CONSTITUTES CHILD PORNOGRAPHY.  (a)  During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public property or material that constitutes child pornography, as described by Section 43.26(a)(1), Penal Code.
(b)  The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.
(c)  The attorney representing the state shall be provided access to property or material described by Subsection (a).  In the manner provided by Article 39.15, the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial shall be provided access to property or material described by Subsection (a).
(d)  A court that places property or material described by Subsection (a) under seal may issue an order lifting the seal on a finding that the order is in the best interest of the public.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 276, Sec. 1, eff. September 1, 2009.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 39. DEPOSITIONS AND DISCOVERY

Art. 39.01.  IN EXAMINING TRIAL. When an examination takes place in a criminal action before a magistrate, the State or the defendant may have the deposition of any witness taken by any officer authorized by this chapter.  The State or the defendant may not use the deposition for any purpose unless that party first acknowledges that the entire evidence or statement of the witness may be used for or against the defendant on the trial of the case, subject to all legal objections.  The deposition of a witness duly taken before an examining trial or a jury of inquest and reduced to writing and certified according to law where the defendant was present when that testimony was taken, and had the privilege afforded of cross-examining the witness, or taken at any prior trial of the defendant for the same offense, may be used by either the State or the defendant in the trial of the defendant's criminal case under the following circumstances:
When oath is made by the party using the deposition that the witness resides outside the State; or that since the witness's testimony was taken, the witness has died, or has removed beyond the limits of the State, or has been prevented from attending the court through the act or agency of the other party, or by the act or agency of any person whose object was to deprive the State or the defendant of the benefit of the testimony; or that by reason of age or bodily infirmity, that witness cannot attend.  When the testimony is sought to be used by the State, the oath may be made by any credible person.  When sought to be used by the defendant, the oath must be made by the defendant in person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2005, 79th Leg., Ch. 1021, Sec. 1, eff. September 1, 2005.
    
Art. 39.02.  WITNESS DEPOSITIONS. Depositions of witnesses may be taken by either the state or the defendant.  When a party desires to take the deposition of a witness, the party shall file with the clerk of the court in which the case is pending an affidavit stating the facts necessary to constitute a good reason for taking the witness's deposition and an application to take the deposition.  On the filing of the affidavit and application, and after notice to the opposing party, the court shall hear the application and determine if good reason exists for taking the deposition.  The court shall base its determination and shall grant or deny the application on the facts made known at the hearing.  This provision is limited to the purposes stated in Article 39.01.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 24, eff. Aug. 28, 1967.
Amended by: 
Acts 2005, 79th Leg., Ch. 1021, Sec. 1, eff. September 1, 2005.
    
Art. 39.025.  DEPOSITIONS OF ELDERLY OR DISABLED PERSONS.  (a)  In this article:
(1)  "Disabled person" means a person with a disability as defined by Section 3, Americans with Disabilities Act (42 U.S.C. 12102).
(2)  "Elderly person" means a person 65 years of age or older.
(b)  The court shall order the attorney representing the state to take the deposition of an elderly or disabled person who is the alleged victim of or witness to an offense not later than the 60th day after the date on which the state files an application to take the deposition under Article 39.02.
(c)  The attorney representing the state and the defendant or the defendant's attorney may, by written agreement filed with the court, extend the deadline for the taking of the deposition.
(d)  The court shall grant any request by the attorney representing the state to extend the deadline for the taking of the deposition if a reason for the request is the unavailability, health, or well-being of the victim or witness.
(e)  The Texas Rules of Civil Procedure govern the taking of the deposition, except to the extent of any conflict with this code or applicable court rules adopted for criminal proceedings, in which event this code and the rules for criminal proceedings govern.  The attorney representing the state and the defendant or defendant's attorney may agree to modify the rules applicable to the deposition by written agreement filed with the court before the taking of the deposition.
(f)  If a defendant is unavailable to attend a deposition because the defendant is confined in a correctional facility, the court shall issue any orders or warrants necessary to secure the defendant's presence at the deposition.  The sheriff of the county in which a deposition under this subsection is to be taken shall provide a secure location for the taking of the deposition and sufficient law enforcement personnel to ensure the deposition is taken safely.  The state's application to take a deposition or notice of deposition is not required to include the identity of any law enforcement agents the sheriff assigns to the deposition and may not serve as a basis for the defendant to object to the taking of the deposition.
(g)  If a defendant is unavailable to attend a deposition for any reason other than confinement in a correctional facility, the defendant or defendant's attorney shall request a continuance from the court.  The court may grant the continuance if the defendant or defendant's attorney demonstrates good cause for the continuance and that the request is not brought for the purpose of delay or avoidance.  A defendant's failure to attend a deposition or request a continuance in accordance with this subsection constitutes a waiver of the defendant's right to be present at the deposition.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 678, Sec. 1, eff. September 1, 2009.
    
Art. 39.03. OFFICERS WHO MAY TAKE THE DEPOSITION.  Upon the filing of such an affidavit and application, the court shall appoint, order or designate one of the following persons before whom such deposition shall be taken:
1. A district judge.
2. A county judge.
3. A notary public.
4. A district clerk.
5. A county clerk.
Such order shall specifically name such person and the time when and place where such deposition shall be taken.  Failure of a witness to respond thereto, shall be punishable by contempt by the court.  Such deposition shall be oral or written, as the court shall direct.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 25, eff. Aug. 28, 1967.
    
Art. 39.04. APPLICABILITY OF CIVIL RULES.  The rules prescribed in civil cases for issuance of commissions, subpoenaing witnesses, taking the depositions of witnesses and all other formalities governing depositions shall, as to the manner and form of taking and returning the same and other formalities to the taking of the same, govern in criminal actions, when not in conflict with this Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.05. OBJECTIONS.  The rules of procedure as to objections in depositions in civil actions shall govern in criminal actions when not in conflict with this Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.06. WRITTEN INTERROGATORIES.  When any such deposition is to be taken by written interrogatories, such written interrogatories shall be filed with the clerk of the court, and a copy of the same served on all other parties or their counsel for the length of time and in the manner required for service of interrogatories in civil action, and the same procedure shall also be followed with reference to cross-interrogatories as that prescribed in civil actions.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.07. CERTIFICATE.  Where depositions are taken under commission in criminal actions, the officer or officers taking the same shall certify that the person deposing is the identical person named in the commission;  or, if they cannot certify to the identity of the witness, there shall be an affidavit of some person attached to the deposition proving the identity of such witness, and the officer or officers shall certify that the person making the affidavit is known to them.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1742, ch. 659, Sec. 26, eff. Aug. 28, 1967.
    
Art. 39.08. AUTHENTICATING THE DEPOSITION.  The official seal and signature of the officer taking the deposition shall be attached to the certificate authenticating the deposition.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.09. NON-RESIDENT WITNESSES.  Depositions of a witness residing out of the State may be taken before a judge or before a commissioner of deeds and depositions for this State, who resides within the State where the deposition is to be taken, or before a notary public of the place where such deposition is to be taken, or before any commissioned officer of the armed services or before any diplomatic or consular officer.  The deposition of a non-resident witness who may be temporarily within the State, may be taken under the same rules which apply to the taking of depositions of other witnesses in the State.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.10. RETURN.  In all cases the return of depositions may be made as provided in civil actions.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.11. WAIVER.  The State and defense may agree upon a waiver of any formalities in the taking of a deposition other than that the taking of such deposition must be under oath.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.12. PREDICATE TO READ.  Depositions taken in criminal actions shall not be read unless oath be made that the witness resides out of the State;  or that since his deposition was taken, the witness has died;  or that he has removed beyond the limits of the State;  or that he has been prevented from attending the court through the act or agency of the defendant;  or by the act or agency of any person whose object was to deprive the defendant of the benefit of the testimony;  or that by reason of age or bodily infirmity, such witness cannot attend.  When the deposition is sought to be used by the State, the oath may be made by any credible person.  When sought to be used by the defendant, the oath shall be made by him in person.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.13. IMPEACHMENT.  Nothing contained in the preceding Articles shall be construed as prohibiting the use of any such evidence for impeachment purposes under the rules of evidence heretofore existing at common law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 39.14. DISCOVERY.  (a)  Upon motion of the defendant showing good cause therefor and upon notice to the other parties, except as provided by Article 39.15, the court in which an action is pending shall order the State before or during trial of a criminal action therein pending or on trial to produce and permit the inspection and copying or photographing by or on behalf of the defendant of any designated documents, papers, written statement of the defendant, (except written statements of witnesses and except the work product of counsel in the case and their investigators and their notes or report), books, accounts, letters, photographs, objects or tangible things not privileged, which constitute or contain evidence material to any matter involved in the action and which are in the possession, custody or control of the State or any of its agencies.  The order shall specify the time, place and manner of making the inspection and taking the copies and photographs of any of the aforementioned documents or tangible evidence; provided, however, that the rights herein granted shall not extend to written communications between the State or any of its agents or representatives or employees.  Nothing in this Act shall authorize the removal of such evidence from the possession of the State, and any inspection shall be in the presence of a representative of the State.
(b) On motion of a party and on notice to the other parties, the court in which an action is pending may order one or more of the other parties to disclose to the party making the motion the name and address of each person the other party may use at trial to present evidence under Rules 702, 703, and 705, Texas Rules of Evidence.  The court shall specify in the order the time and manner in which the other party must make the disclosure to the moving party, but in specifying the time in which the other party shall make disclosure the court shall require the other party to make the disclosure not later than the 20th day before the date the trial begins.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1999, 76th Leg., ch. 578, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2005, 79th Leg., Ch. 1019, Sec. 1, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 276, Sec. 2, eff. September 1, 2009.
    
Art. 39.15.  DISCOVERY OF EVIDENCE THAT CONSTITUTES CHILD PORNOGRAPHY.  (a)  In the manner provided by this article, a court shall allow discovery under Article 39.14 of property or material that constitutes child pornography, as described by Section 43.26(a)(1), Penal Code.
(b)  Property or material described by Subsection (a) must remain in the care, custody, or control of the court or the state as provided by Article 38.45.
(c)  A court shall deny any request by a defendant to copy, photograph, duplicate, or otherwise reproduce any property or material described by Subsection (a), provided that the state makes the property or material reasonably available to the defendant.
(d)  For purposes of Subsection (c), property or material is considered to be reasonably available to the defendant if, at a facility under the control of the state, the state provides ample opportunity for the inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 276, Sec. 3, eff. September 1, 2009.
      				
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 40. NEW TRIALS

Art. 40.001. NEW TRIAL ON MATERIAL EVIDENCE.  A new trial shall be granted an accused where material evidence favorable to the accused has been discovered since trial.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 11.01, eff. Sept. 1, 1993.
      				
 
	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 42. JUDGMENT AND SENTENCE

Art. 42.01. JUDGMENT.
Sec. 1.  A judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant.  The sentence served shall be based on the information contained in the judgment.  The judgment shall reflect:
1.  The title and number of the case;
2.  That the case was called and the parties appeared, naming the attorney for the state, the defendant, and the attorney for the defendant, or, where a defendant is not represented by counsel, that the defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel;
3.  The plea or pleas of the defendant to the offense charged;
4.  Whether the case was tried before a jury or a jury was waived;
5.  The submission of the evidence, if any;
6.  In cases tried before a jury that the jury was charged by the court;
7.  The verdict or verdicts of the jury or the finding or findings of the court;
8.  In the event of a conviction that the defendant is adjudged guilty of the offense as found by the verdict of the jury or the finding of the court, and that the defendant be punished in accordance with the jury's verdict or the court's finding as to the proper punishment;
9.  In the event of conviction where death or any punishment is assessed that the defendant be sentenced to death, a term of confinement or community supervision, or to pay a fine, as the case may be;
10.  In the event of conviction where the imposition of sentence is suspended and the defendant is placed on community supervision, setting forth the punishment assessed, the length of community supervision, and the conditions of community supervision;
11.  In the event of acquittal that the defendant be discharged;
12.  The county and court in which the case was tried and, if there was a change of venue in the case, the name of the county in which the prosecution was originated;
13.  The offense or offenses for which the defendant was convicted;
14.  The date of the offense or offenses and degree of offense for which the defendant was convicted;
15.  The term of sentence;
16.  The date judgment is entered;
17.  The date sentence is imposed;
18.  The date sentence is to commence and any credit for time served;
19.  The terms of any order entered pursuant to Article 42.08 of this code that the defendant's sentence is to run cumulatively or concurrently with another sentence or sentences;
20.  The terms of any plea bargain;
21.  Affirmative findings entered pursuant to Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of this code;
22.  The terms of any fee payment ordered under Article 42.151 of this code;
23.  The defendant's thumbprint taken in accordance with Article 38.33 of this code;
24.  In the event that the judge orders the defendant to repay a reward or part of a reward under Articles 37.073 and 42.152 of this code, a statement of the amount of the payment or payments required to be made;
25.  In the event that the court orders restitution to be paid to the victim, a statement of the amount of restitution ordered and:
(A)  the name and address of a person or agency that will accept and forward restitution payments to the victim; or
(B)  if the court specifically elects to have payments made directly to the crime victim, the name and permanent address of the victim at the time of judgment;
26.  In the event that a presentence investigation is required by Section 9(a), (b), (h), or (i), Article 42.12 of this code, a statement that the presentence investigation was done according to the applicable provision;
27.  In the event of conviction of an offense for which registration as a sex offender is required under Chapter 62, a statement that the registration requirement of that chapter applies to the defendant and a statement of the age of the victim of the offense;
28.  The defendant's state identification number required by Section 60.052(a)(2), if that number has been assigned at the time of the judgment; and
29.  The incident number required by Section 60.052(a)(4), if that number has been assigned at the time of the judgment.
Sec. 2. The judge may order the prosecuting attorney, or the attorney or attorneys representing any defendant, or the court clerk under the supervision of an attorney, to prepare the judgment, or the court may prepare the same.
Sec. 3. The provisions of this article shall apply to both felony and misdemeanor cases.
Sec. 4.  The Office of Court Administration of the Texas Judicial System shall promulgate a standardized felony judgment form that conforms to the requirements of Section 1 of this article.  A court entering a felony judgement shall use the form promulgated under this section.
Sec. 5. In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to Article 42.013 of this code.
Sec. 6. In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to Article 42.014 of this code.
Sec. 7. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.015.
Sec. 8. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.017.
 
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 15

 
Sec. 9.  In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0197.
 
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1400, Sec. 1

 
Sec. 9.  In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0198.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 245, ch. 95, Sec. 1, eff. Sept. 1, 1975.
      
Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 111, eff. Sept. 1, 1981.  Sec. 1 amended by Acts 1985, 69th Leg., ch. 344, Sec. 1, eff. Jan. 1, 1986;  Sec. 4 added by Acts 1985, 69th Leg., ch. 344, Sec. 2, eff. June 10, 1985;  Sec. 1 amended by Acts 1987, 70th Leg., ch. 110, Sec. 2, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 360, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 603, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 611, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 806, Sec. 1, eff. Sept. 1, 1989;  Sec. 1 amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.04, eff. Aug. 26, 1991;  Sec. 1 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.02, eff. Dec. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.  Sec. 5 added by Acts 1993, 73rd Leg., ch. 900, Sec. 9.02, eff. Sept. 1, 1993;  Sec. 6 added by Acts 1993, 73rd Leg., ch. 987, Sec. 4, eff. Sept. 1, 1993;  Sec. 1 amended by Acts 1995, 74th Leg., ch. 258, Sec. 9, eff. Sept. 1, 1995;  Sec. 1 amended by Acts 1997, 75th Leg., ch. 668, Sec. 2, eff. Sept. 1, 1997;  Sec. 2 amended by Acts 1999, 76th Leg., ch. 580, Sec. 6, eff. Sept. 1, 1999;  Sec. 7 added by Acts 1999, 76th Leg., ch. 1193, Sec. 1, eff. Sept. 1, 1999;  Sec. 7 added by Acts 1999, 76th Leg., ch. 1415, Sec. 2, eff. Sept. 1, 1999;  Sec. 8 added by Acts 2001, 77th Leg., ch. 1159, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1218, Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1040, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 15, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1400, Sec. 1, eff. September 1, 2009.
    
Art. 42.011. JUDGMENT AFFECTING AN OFFICER OR JAILER.  If a person licensed under Chapter 415, Government Code, is charged with the commission of a felony and a court that knows the person is licensed under that chapter convicts the person or places the person on community supervision, the clerk of the court shall send the Commission on Law Enforcement Officer Standards and Education, by mail or electronically, the license number of the person and a certified copy of the court's judgment reflecting that the person has been convicted or placed on community supervision.
  
Added by Acts 1995, 74th Leg., ch. 538, Sec. 10, eff. Sept. 1, 1995.
    
Art. 42.012. FINDING THAT CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.  In the punishment phase of the trial of an offense under Chapter 29, Chapter 31, or Title 5, Penal Code, if the court determines beyond a reasonable doubt that the defendant administered or provided a controlled substance to the victim of the offense with the intent of facilitating the commission of the offense, the court shall make an affirmative finding of that fact and enter the affirmative finding in the judgment of that case.
  
Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(b), eff. Sept. 1, 1999.  Renumbered from Vernon's Ann. C.C.P. art. 42.015 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(9), eff. Sept. 1, 2001.
    
Art. 42.013. FINDING OF FAMILY VIOLENCE.  In the trial of an offense under Title 5, Penal Code, if the court determines that the offense involved family violence, as defined by Section 71.004, Family Code, the court shall make an affirmative finding of that fact and enter the affirmative finding in the judgment of the case.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 9.01, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(h), eff. Sept. 1, 2003.
    
Art. 42.0131.  REQUIRED NOTICE FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE.  If a person is convicted of a misdemeanor involving family violence, as defined by Section 71.004, Family Code, the court shall notify the person of the fact that it is unlawful for the person to possess or transfer a firearm or ammunition.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 125, Sec. 2, eff. September 1, 2007.
    
Art. 42.014. FINDING THAT OFFENSE WAS COMMITTED BECAUSE OF BIAS OR PREJUDICE.  (a)  In the trial of an offense under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment of the case if at the guilt or innocence phase of the trial, the judge or the jury, whichever is the trier of fact, determines beyond a reasonable doubt that the defendant intentionally selected the person against whom the offense was committed or intentionally selected property damaged or affected as a result of the offense because of the defendant's bias or prejudice against a group identified by race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference.
(b) The sentencing judge may, as a condition of punishment, require attendance in an educational program to further tolerance and acceptance of others.
(c) In this article, "sexual preference" has the following meaning only:  a preference for heterosexuality, homosexuality, or bisexuality.
  
Added by Acts 1993, 73rd Leg., ch. 987, Sec. 5, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 318, Sec. 50, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 85, Sec. 1.02, eff. Sept. 1, 2001.
    
Art. 42.015. FINDING OF AGE OF VICTIM.  In the trial of an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the victim or intended victim was younger than 17 years of age at the time of the offense.
  
Added by Acts 1999, 76th Leg., ch. 1193, Sec. 2, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1415, Sec. 3, eff. Sept. 1, 1999.
    
Art. 42.016.  SPECIAL DRIVER'S LICENSE OR IDENTIFICATION REQUIREMENTS FOR CERTAIN SEX OFFENDERS.  If a person is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct based on a violation of an offense for which a conviction or adjudication requires registration as a sex offender under Chapter 62, the court shall:
(1)  issue an order requiring the Texas Department of Public Safety to include in any driver's license record or personal identification certificate record maintained by the department for the person an indication that the person is subject to the registration requirements of Chapter 62;
(2)  require the person to apply to the Texas Department of Public Safety in person for an original or renewal driver's license or personal identification certificate not later than the 30th day after the date the person is released or the date the department sends written notice to the person of the requirements of Article 62.060, as applicable, and to annually renew the license or certificate;
(3)  notify the person of the consequence of the conviction or order of deferred adjudication as it relates to the order issued under this article; and
(4)  send to the Texas Department of Public Safety a copy of the record of conviction, a copy of the order granting deferred adjudication, or a copy of the juvenile adjudication, as applicable, and a copy of the order issued under this article.
  
Added by Acts 1999, 76th Leg., ch. 1401, Sec. 1, eff. Sept. 1, 2000.
Amended by: 
Acts 2005, 79th Leg., Ch. 1008, Sec. 2.01, eff. September 1, 2005.
    
Art. 42.017.  FINDING REGARDING AGE-BASED OFFENSE.  In the trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or 43.25, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that:
(1)  at the time of the offense, the defendant was younger than 19 years of age and the victim was at least 13 years of age; and
(2)  the conviction is based solely on the ages of the defendant and the victim or intended victim at the time of the offense.
  
Added by Acts 2001, 77th Leg., ch. 1159, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 3.17, eff. September 1, 2007.
    
Art. 42.018. NOTICE PROVIDED BY CLERK OF COURT.  (a)  This article applies only:
(1) to conviction or deferred adjudication granted on the basis of:
(A) an offense under Title 5, Penal Code;  or
(B) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62;  and
(2) if the victim of the offense is under 18 years of age.
(b) Not later than the fifth day after the date a person who holds a certificate issued under Subchapter B, Chapter 21, Education Code, is convicted or granted deferred adjudication on the basis of an offense, the clerk of the court in which the conviction or deferred adjudication is entered shall provide to the State Board for Educator Certification written notice of the person's conviction or deferred adjudication, including the offense on which the conviction or deferred adjudication was based.
  
Added by Acts 2003, 78th Leg., ch. 920, Sec. 2, eff. June 20, 2003.
    
Art. 42.0181.  NOTICE OF THEFT, FRAUD, MONEY LAUNDERING, OR INSURANCE FRAUD PROVIDED BY CLERK OF COURT.  Not later than the fifth day after the date a person who holds a certificate of authority, license, or other authority issued by the Texas Department of Insurance is convicted of or granted deferred adjudication for an offense under Chapter 31, 32, 34, or 35, Penal Code, the clerk of the court in which the conviction or order of deferred adjudication is entered shall provide to the Texas Department of Insurance written notice of the person's conviction or deferred adjudication, including the offense on which the conviction or deferred adjudication was based.
  
Added by Acts 2005, 79th Leg., Ch. 1162, Sec. 7, eff. September 1, 2005.
    
Art. 42.019. MOTOR FUEL THEFT.  (a)  A judge shall enter an affirmative finding in the judgment in a case if the judge or jury, whichever is the finder of fact, determines beyond a reasonable doubt in the guilt or innocence phase of the trial of an offense under Section 31.03, Penal Code, that the defendant, in committing the offense:
(1) dispensed motor fuel into the fuel tank of a motor vehicle on the premises of an establishment at which motor fuel is offered for retail sale;  and
(2) after dispensing the motor fuel, left the premises of the establishment without paying the establishment for the motor fuel.
(b) If a judge enters an affirmative finding as required by Subsection (a) and determines that the defendant has previously been convicted of an offense the judgment for which contains an affirmative finding under Subsection (a), the judge shall enter a special affirmative finding in the judgment in the case.
  
Added by Acts 2001, 77th Leg., ch. 359, Sec. 1, eff. Sept. 1, 2001.
    
Art. 42.0191.  FINDING REGARDING VICTIMS OF TRAFFICKING OR OTHER ABUSE.  (a)  In the trial of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the papers in the case if the judge determines that, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial:
(1)  is or has been a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. Section 7102(8); or
(2)  has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described by 8 U.S.C. Section 1101(a)(15)(U)(iii).
(b)  That part of the papers in the case containing an affirmative finding under this article:
(1)  must include specific information identifying the victim, as available;
(2)  may not include information identifying the victim's location; and
(3)  is confidential, unless written consent for the release of the affirmative finding is obtained from the victim or, if the victim is younger than 18 years of age, the victim's parent or guardian.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 849, Sec. 1, eff. June 15, 2007.
    
Art. 42.0197.  FINDING REGARDING GANG-RELATED CONDUCT.  In the trial of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the applicable conduct was engaged in as part of the activities of a criminal street gang as defined by Section 71.01, Penal Code.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 16, eff. September 1, 2009.
    
Art. 42.0198.  FINDING REGARDING DELAY IN ARREST OF DEFENDANT.  In the trial of an offense under Section 19.02, 22.011, or 22.021, Penal Code, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact regarding the number of months that elapsed, if any, between the date an arrest warrant was issued for the defendant following an indictment for the offense and the date the defendant was arrested for the offense.  The judge shall enter the affirmative finding in the judgment in the case.
  
Added by Acts 2009, 81st Leg., R.S., Ch. 1400, Sec. 2, eff. September 1, 2009.
    
Art. 42.02. SENTENCE.  The sentence is that part of the judgment, or order revoking a suspension of the imposition of a sentence, that orders that the punishment be carried into execution in the manner prescribed by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 112, eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
    
Art. 42.023. JUDGE MAY CONSIDER ALTERNATIVE SENTENCING.  Before pronouncing sentence on a defendant convicted of a criminal offense, the judge may consider whether the defendant should be committed for care and treatment under Section 462.081, Health and Safety Code.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
    
Art. 42.03. PRONOUNCING SENTENCE;  TIME;  CREDIT FOR TIME SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL.
Sec. 1.  (a)  Except as provided in Article 42.14, sentence shall be pronounced in the defendant's presence.
(b) The court shall permit a victim, close relative of a deceased victim, or guardian of a victim, as defined by Article 56.01 of this code, to appear in person to present to the court and to the defendant a statement of the person's views about the offense, the defendant, and the effect of the offense on the victim.  The victim, relative, or guardian may not direct questions to the defendant while making the statement.  The court reporter may not transcribe the statement.  The statement must be made:
(1) after punishment has been assessed and the court has determined whether or not to grant community supervision in the case;
(2) after the court has announced the terms and conditions of the sentence;  and
(3) after sentence is pronounced.
Sec. 2.  (a)  In all criminal cases the judge of the court in which the defendant is convicted shall give the defendant credit on the defendant's sentence for the time that the defendant has spent:
(1)  in jail for the case, other than confinement served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court; or
(2)  in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or another court-ordered residential program or facility as a condition of deferred adjudication community supervision granted in the case if the defendant successfully completes the treatment program at that facility.
(b) In all revocations of a suspension of the imposition of a sentence the judge shall enter the restitution or reparation due and owing on the date of the revocation.
Sec. 3.  If a defendant appeals his conviction, is not released on bail, and is retained in a jail as provided in Section 7, Article 42.09, pending his appeal, the judge of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time that the defendant has spent in jail pending disposition of his appeal.  The court shall endorse on both the commitment and the mandate from the appellate court all credit given the defendant under this section, and the Texas Department of Criminal Justice shall grant the credit in computing the defendant's eligibility for parole and discharge.
Sec. 4.  When a defendant who has been sentenced to imprisonment in the Texas Department of Criminal Justice has spent time in jail pending trial and sentence or pending appeal, the judge of the sentencing court shall direct the sheriff to attach to the commitment papers a statement assessing the defendant's conduct while in jail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1743, ch. 659, Sec. 28, eff. Aug. 28, 1967;  Acts 1973, 63rd Leg., p. 205, ch. 91, Sec. 1, eff. Aug. 27, 1973;  Acts 1977, 65th Leg., p. 1036, ch. 382, Sec. 1, eff. Aug. 29, 1977;  Acts 1977, 65th Leg., p. 2076, ch. 827, Sec. 1, eff. Aug. 29, 1977.
      
Sec. 1 amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 113, eff. Sept. 1, 1981;  Sec. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 141, Sec. 1, eff. Sept. 1, 1981;  Sec. 5 amended by Acts 1981, 67th Leg., p. 2418, ch. 616, Sec. 1, eff. Aug. 31, 1981;  Sec. 5(a) amended by Acts 1983, 68th Leg., p. 4666, ch. 809, Sec. 1, eff. Aug. 29, 1983;  Sec. 6 added by Acts 1983, 68th Leg., p. 3792, ch. 586, Sec. 4, eff. Aug. 29, 1983;  Sec. 5(b), (d) amended by Acts 1985, 69th Leg., ch. 232, Sec. 13, eff. Sept. 1, 1985;  Sec. 4 amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.06, eff. June 15, 1989;  Sec. 7 added by Acts 1989, 71st Leg., ch. 848, Sec. 1, eff. June 14, 1989;  Acts 1989, 71st Leg., ch. 1040, Sec. 1, eff. Aug. 28, 1989;  Sec. 8 added by Acts 1989, 71st Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1989;  Sec. 1 amended by Acts 1991, 72nd Leg., ch. 278, Sec. 1, eff. June 5, 1991;  Sec. 2(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.01, eff. Oct. 1, 1991;  Sec. 7(a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.02, eff. Oct. 1, 1991;  Sec. 7A amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.05, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.03, eff. Oct. 1, 1991;  Sec. 8(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.04, eff. Oct. 1, 1991;  Sec. 8(f) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 8.02, eff. Dec. 1, 1991;  Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.03, eff. Oct. 1, 1991;  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993;  Sec. 1(b) amended by Acts 1995, 74th Leg., ch. 556, Sec. 1, eff. Sept. 1, 1995;  Sec. 8(g) repealed by Acts 2003, 78th Leg., ch. 406, Sec. 2, eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.018, eff. September 1, 2009.
    
Art. 42.031. WORK RELEASE PROGRAM.
Sec. 1.  (a)  The sheriff of each county may attempt to secure employment for each defendant sentenced to the county jail work release program under Article 42.034 and each defendant confined in the county jail awaiting transfer to the Texas Department of Criminal Justice.
(b) The employer of a defendant participating in a program under this article shall pay the defendant's salary to the sheriff.  The sheriff shall deposit the salary into a special fund to be given to the defendant on his release after deducting:
(1) the cost to the county for the defendant's confinement during the pay period based on the average daily cost of confining defendants in the county jail, as determined by the commissioners court of the county;
(2) support of the defendant's dependents;  and
(3) restitution to the victims of an offense committed by the defendant.
(c) At the time of sentencing or at a later date, the court sentencing a defendant may direct the sheriff not to deduct the cost described under Subdivision (1) of Subsection (b) of this section or to deduct only a specified portion of the cost if the court determines that the full deduction would cause a significant financial hardship to the defendant's dependents.
(d)  If the sheriff does not find employment for a defendant who would otherwise be sentenced to imprisonment in the department, the sheriff shall:
(1)  transfer the defendant to the sheriff of a county who agrees to accept the defendant as a participant in the county jail work release program; or
(2)  retain the defendant in the county jail for employment as soon as possible in a jail work release program.
Sec. 2. A defendant participating in a program under this article shall be confined in the county jail or in another facility designated by the sheriff at all times except for:
(1) time spent at work and traveling to or from work;  and
(2) time spent attending or traveling to or from an education or rehabilitation program approved by the sheriff.
Sec. 3.  (a)  The sheriff of each county shall classify each felon serving a sentence in the county jail work release program for the purpose of awarding good conduct time credit in the same manner as inmates of the Texas Department of Criminal Justice are classified under Chapter 498, Government Code, and shall award good conduct time in the same manner as the director of the department does in that chapter.
(b) If the sheriff determines that the defendant is conducting himself in a manner that is dangerous to inmates in the county jail or to society as a whole, the sheriff may remove the defendant from participation in the program pending a hearing before the sentencing court.  At the hearing, if the court determines that the sheriff's assessment of the defendant's conduct is correct, the court may terminate the defendant's participation in the program and order the defendant to the term of imprisonment that the defendant would have received had he not entered the program.  If the court determines that the sheriff's assessment is incorrect, the court shall order the sheriff to readmit the defendant to the program.  A defendant shall receive as credit toward his sentence any time served as a participant in the program.
  
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.03(a), eff. Aug. 28, 1989.  Sec. 1 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.10, eff. Oct. 1, 1991;  Sec. 3 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.11, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.019, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.020, eff. September 1, 2009.
    
Art. 42.032. GOOD CONDUCT.
Sec. 1. To encourage county jail discipline, a distinction may be made to give orderly, industrious, and obedient defendants the comforts and privileges they deserve.  The reward for good conduct may consist of a relaxation of strict county jail rules and extension of social privileges consistent with proper discipline.
Sec. 2. The sheriff in charge of each county jail may grant commutation of time for good conduct, industry, and obedience.  A deduction not to exceed one day for each day of the original sentence actually served may be made for the term or terms of sentences if a charge of misconduct has not been sustained against the defendant.
Sec. 3. This article applies whether or not the judgment of conviction is a fine or jail sentence or both, but the deduction in time may not exceed one-third of the original sentence as to fines and court costs assessed in the judgment of conviction.
Sec. 4. A defendant serving two or more cumulative sentences shall be allowed commutation as if the sentences were one sentence.
Sec. 5. Any part or all of the commutation accrued under this article may be forfeited and taken away by the sheriff:
(1) for a sustained charge of misconduct in violation of any rule known to the defendant, including escape or attempt to escape, if the sheriff has complied with discipline proceedings as approved by the Commission on Jail Standards;  or
(2) on receipt by the sheriff of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by a defendant while the defendant was in the custody of the sheriff.
Sec. 6.  Repealed by Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 7, eff. June 19, 2009.
Sec. 7. The sheriff shall keep a conduct record in card or ledger form and a calendar card on each defendant showing all forfeitures of commutation time and the reasons for the forfeitures.
  
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.04(a), eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.05, eff. Oct. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993;  Sec. 5 amended by Acts 1999, 76th Leg., ch. 655, Sec. 2(a), eff. June 18, 1999.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 7, eff. June 19, 2009.
    
Art. 42.033. SENTENCE TO SERVE TIME DURING OFF-WORK HOURS.  (a)  Where jail time has been awarded to a person sentenced for a misdemeanor or sentenced to confinement in the county jail for a felony or when a defendant is serving a period of confinement as a condition of community supervision, the trial judge, at the time of the pronouncement of sentence or at any time while the defendant is serving the sentence or period of confinement, when in the judge's discretion the ends of justice would best be served, may permit the defendant to serve the defendant's sentence or period of confinement intermittently during his off-work hours or on weekends.  The judge may require bail of the defendant to ensure the faithful performance of the sentence or period of confinement.  The judge may attach conditions regarding the employment, travel, and other conduct of the defendant during the performance of such a sentence or period of confinement.
(b) The court may impose as a condition to permitting a defendant to serve the jail time assessed or period of confinement intermittently an additional requirement that the defendant make any of the following payments to the court, agencies, or persons, or that the defendant execute a letter and direct it to the defendant's employer directing the employer to deduct from the defendant's salary an amount directed by the court, which is to be sent by the employer to the clerk of the court.  The money received by the court under this section may be used to pay the following expenses as directed by the court:
(1) the support of the defendant's dependents, if necessary;
(2) the defendant's documented personal, business, and travel expenses;
(3) reimbursement of the general fund of the county for the maintenance of the defendant in jail;  and
(4) installment payments on restitution, fines, and court costs ordered by the court.
(c) The condition imposed under Subsection (b) of this article is not binding on an employer, except that income withheld for child support is governed by Chapter 158, Family Code.
(d) The court may permit the defendant to serve the defendant's sentence or period of confinement intermittently in order for the defendant to continue employment if the court imposes confinement for failure to pay a fine or court costs, as punishment for criminal nonsupport under Section 25.05, Penal Code, or for contempt of a court order for periodic payments for the support of a child.
(e) The court may permit the defendant to seek employment or obtain medical, psychological, or substance abuse treatment or counseling or obtain training or needed education under the same terms and conditions that apply to employment under this article.
  
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.07, eff. Sept. 1, 1989.  Subsecs. (a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.06, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.  Subsec. (c) amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.03, eff. Sept. 1, 1997.
    
Art. 42.034. COUNTY JAIL WORK RELEASE PROGRAM.  (a)  If jail time has been awarded to a person sentenced for a misdemeanor or sentenced to confinement in the county jail for a felony, the trial judge at the time of pronouncement of sentence or at any time while the defendant is serving the sentence, when in the judge's discretion the ends of justice would best be served, may require the defendant to serve an alternate term for the same period of time in the county jail work release program of the county in which the offense occurred, if the person is classified by the sheriff as a low-risk offender under the classification system developed by the Commission on Jail Standards under Section 511.009, Government Code.
(b) The sheriff shall provide a classification report for a defendant to a judge as necessary so that the judge can determine whether to require the defendant to participate in the work release program under this article.
(c) A defendant sentenced under this article who would otherwise be sentenced to confinement in jail may earn good conduct credit in the same manner as provided by Article 42.032 of this code, but only while actually confined.
  
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.08, eff. Sept. 1, 1989.  Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.07, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 722, Sec. 1, eff. Sept. 1, 1995.
    
Art. 42.035. ELECTRONIC MONITORING;  HOUSE ARREST.  (a)  A court may require a defendant to serve all or part of a sentence of confinement in county jail by participating in an electronic monitoring program rather than being confined in the county jail, if the program:
(1)  is operated by a community supervision and corrections department that serves the county in which the court is located and has been approved by the community justice assistance division of the Texas Department of Criminal Justice; or
(2)  is operated by the commissioners court of the county, or by a private vendor under contract with the commissioners court, under Section 351.904, Local Government Code, if the defendant has not been placed on community supervision.
(b) A judge, at the time of the pronouncement of a sentence of confinement or at any time while the defendant is serving the sentence, on the judge's own motion or on the written motion of the defendant, may permit the defendant to serve the sentence under house arrest, including electronic monitoring and any other conditions the court chooses to impose, during the person's off-work hours.  The judge may require bail of the defendant to ensure the faithful performance of the sentence.
(c) The court may require the defendant to pay to the community supervision and corrections department or the county any reasonable cost incurred because of the defendant's participation in the house arrest program, including the cost of electronic monitoring.
(d)  A defendant who submits to electronic monitoring or participates in the house arrest program under this article discharges a sentence of confinement in the same manner as if the defendant were confined in county jail.
(e)  A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c).
  
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.09, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 1, eff. June 19, 2009.
    
Art. 42.036. COMMUNITY SERVICE.  (a)  A court may require a defendant, other than a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, to serve all or part of a sentence of confinement or period of confinement required as a condition of community supervision in county jail by performing community service rather than by being confined in county jail unless the sentence of confinement was imposed by the jury in the case.
(b) In its order requiring a defendant to participate in community service work, the court must specify:
(1) the number of hours the defendant is required to work;  and
(2) the entity or organization for which the defendant is required to work.
(c) The court may order the defendant to perform community service work under this article only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community.  A governmental entity or nonprofit organization that accepts a defendant under this section to perform community service must agree to supervise the defendant in the performance of the defendant's work and report on the defendant's work to the community supervision and corrections department or court-related services office.
(d) The court may require bail of a defendant to ensure the defendant's faithful performance of community service and may attach conditions to the bail as it determines are proper.
(e) A court may not order a defendant who is employed to perform more than 16 hours per week of community service under this article unless the court determines that requiring the defendant to work additional hours does not work a hardship on the defendant or the defendant's dependents.  A court may not order a defendant who is unemployed to perform more than 32 hours per week of community service under this article, but may direct the defendant to use the remaining hours of the week to seek employment.
(f) A defendant is considered to have served one day in jail for each eight hours of community service performed under this article.
(g) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
(h) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.14, eff. Sept. 1, 1995.
  
Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.10, eff. Sept. 1, 1989.  Subsec. (f) amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 27, eff. June 18, 1990;  Subsec. (a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.08, eff. Oct. 1, 1991;  Subsec. (h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.01, eff. Oct. 1, 1991;  Subsec. (h) amended by Acts 1993, 73rd Leg., ch. 201, Sec. 2, eff. Aug. 30, 1993.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993;  Subsec. (h) repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.14, eff. Sept. 1, 1995.
    
Art. 42.037. RESTITUTION.  (a)  In addition to any fine authorized by law, the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense or to the compensation to victims of crime fund established under Subchapter B, Chapter 56, to the extent that fund has paid compensation to or on behalf of the victim.  If the court does not order restitution or orders partial restitution under this subsection, the court shall state on the record the reasons for not making the order or for the limited order.
(b)(1) If the offense results in damage to or loss or destruction of property of a victim of the offense, the court may order the defendant:
(A)  to return the property to the owner of the property or someone designated by the owner; or
(B)  if return of the property is impossible or impractical or is an inadequate remedy, to pay an amount equal to the greater of:
(i)  the value of the property on the date of the damage, loss, or destruction; or
(ii)  the value of the property on the date of sentencing, less the value of any part of the property that is returned on the date the property is returned.
(2)  If the offense results in personal injury to a victim, the court may order the defendant to make restitution to:
(A)  the victim for any expenses incurred by the victim as a result of the offense; or
(B)  the compensation to victims of crime fund to the extent that fund has paid compensation to or on behalf of the victim.
(3)  If the victim or the victim's estate consents, the court may, in addition to an order under Subdivision (2), order the defendant to make restitution by performing services instead of by paying money or make restitution to a person or organization, other than the compensation to victims of crime fund, designated by the victim or the estate.
(c)  The court, in determining whether to order restitution and the amount of restitution, shall consider:
(1)  the amount of the loss sustained by any victim and the amount paid to or on behalf of the victim by the compensation to victims of crime fund as a result of the offense; and
(2)   other factors the court deems appropriate.
(d) If the court orders restitution under this article and the victim is deceased the court shall order the defendant to make restitution to the victim's estate.
(e)  The court shall impose an order of restitution that is as fair as possible to the victim or to the compensation to victims of crime fund, as applicable.  The imposition of the order may not unduly complicate or prolong the sentencing process.
(f)(1)  The court may not order restitution for a loss for which the victim has received or will receive compensation only from a source other than the compensation to victims of crime fund.  The court may, in the interest of justice, order restitution to any person who has compensated the victim for the loss to the extent the person paid compensation.  An order of restitution shall require that all restitution to a victim or to the compensation to victims of crime fund be made before any restitution to any other person is made under the order.
(2)  Any amount recovered by a victim from a person ordered to pay restitution in a federal or state civil proceeding is reduced by any amount previously paid to the victim by the person under an order of restitution.
(g)(1)  The court may require a defendant to make restitution under this article within a specified period or in specified installments.  If the court requires the defendant to make restitution in specified installments, in addition to the installment payments, the court may require the defendant to pay a one-time restitution fee of $12, $6 of which the court shall retain for costs incurred in collecting the specified installments and $6 of which the court shall order to be paid to the compensation to victims of crime fund.
(2)  The end of the period or the last installment may not be later than:
(A)  the end of the period of probation, if probation is ordered;
(B)  five years after the end of the term of imprisonment imposed, if the court does not order probation; or
(C)  five years after the date of sentencing in any other case.
(3)  If the court does not provide otherwise, the defendant shall make restitution immediately.
(4)  Except as provided by Subsection (n), the order of restitution must require the defendant to:  (i)  make restitution directly to the person or agency that will accept and forward restitution payments to the victim or other person eligible for restitution under this article, including the compensation to victims of crime fund;  (ii)  make restitution directly to the victim or other person eligible for restitution under this article, including the compensation to victims of crime fund; or (iii) deliver the amount or property due as restitution to a community supervision and corrections department for transfer to the victim or person.
(h)  If a defendant is placed on community supervision or is paroled or released on mandatory supervision, the court or the parole panel shall order the payment of restitution ordered under this article as a condition of community supervision, parole, or mandatory supervision.  The court may revoke community supervision and the parole panel may revoke parole or mandatory supervision if the defendant fails to comply with the order.  In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider:
(1)  the defendant's employment status;
(2)  the defendant's current and future earning ability;
(3)  the defendant's current and future financial resources;
(4)  the willfulness of the defendant's failure to pay;
(5)  any other special circumstances that may affect the defendant's ability to pay; and
(6)  the victim's financial resources or ability to pay expenses incurred by the victim as a result of the offense.
(i)  In addition to any other terms and conditions of probation imposed under Article 42.12, the court may require a probationer to reimburse the compensation to victims of crime fund created under Subchapter B, Chapter 56, for any amounts paid from that fund to or on behalf of a victim of the probationer's offense.  In this subsection, "victim" has the meaning assigned by Article 56.32.
(j) The court may order a community supervision and corrections department to obtain information pertaining to the factors listed in Subsection (c) of this article.  The probation officer shall include the information in the report required under Section 9(a), Article 42.12, of this code or a separate report, as the court directs.  The court shall permit the defendant and the prosecuting attorney to read the report.
(k) The court shall resolve any dispute relating to the proper amount or type of restitution.  The standard of proof is a preponderance of the evidence.  The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense is on the prosecuting attorney.  The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant and the defendant's dependents is on the defendant.  The burden of demonstrating other matters as the court deems appropriate is on the party designated by the court as justice requires.
(l) Conviction of a defendant for an offense involving the act giving rise to restitution under this article estops the defendant from denying the essential allegations of that offense in any subsequent federal civil proceeding or state civil proceeding brought by the victim, to the extent consistent with state law.
(m) An order of restitution may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.
(n) If a defendant is convicted of or receives deferred adjudication for an offense under Section 25.05, Penal Code, if the child support order on which prosecution of the offense was based required the defendant to pay the support to a local registry or the Title IV-D agency, and if the court orders restitution under this article, the order of restitution must require the defendant to pay the child support in the following manner:
(1) during any period in which the defendant is under the supervision of a community supervision and corrections department, to the department for transfer to the local registry or Title IV-D agency designated as the place of payment in the child support order;  and
(2) during any period in which the defendant is not under the supervision of a department, directly to the registry or agency described by Subdivision (1).
(o)  The department may waive a supervision fee or an administrative fee imposed on an inmate under Section 508.182, Government Code, during any period in which the inmate is required to pay restitution under this article.
(p)(1)  A court shall order a defendant convicted of an offense under Section 28.03(f), Penal Code, involving damage or destruction inflicted on a place of human burial or under Section 42.08, Penal Code, to make restitution in the amount described by Subsection (b)(1)(B) to a cemetery organization operating a cemetery affected by the commission of the offense.
(2)  If a court orders an unemancipated minor to make restitution under Subsection (a) and the minor is financially unable to make the restitution, the court may order:
(A)  the minor to perform a specific number of hours of community service to satisfy the restitution; or
(B)  the parents or other person responsible for the minor's support to make the restitution in the amount described by Subsection (b)(1)(B).
(3)  In this subsection, "cemetery" and "cemetery organization" have the meanings assigned by Section 711.001, Health and Safety Code.
(q)  The court shall order a defendant convicted of an offense under Section 22.11, Penal Code, to make restitution to the victim of the offense or the victim's employer in an amount equal to the sum of any expenses incurred by the victim or employer to:
(1)  test the victim for HIV, hepatitis A, hepatitis B, tuberculosis, or any other disease designated as a reportable disease under Section 81.048, Health and Safety Code; or
(2)  treat the victim for HIV, hepatitis A, hepatitis B, tuberculosis, or any other disease designated as a reportable disease under Section 81.048, Health and Safety Code, the victim contracts as a result of the offense.
(s)(1)  A court shall order a defendant convicted of an offense under Section 28.08, Penal Code, to make restitution by:
(A)  reimbursing the owner of the property for the cost of restoring the property; or
(B)  with the consent of the owner of the property, personally restoring the property by removing or painting over any markings the defendant made.
(2)  A court shall order a defendant convicted of an offense under Section 28.08, Penal Code, to make restitution to a political subdivision that owns public property or erects a street sign or official traffic-control device on which the defendant makes markings in violation of Section 28.08, Penal Code, by:
(A)  paying an amount equal to the lesser of the cost to the political subdivision of replacing or restoring the public property, street sign, or official traffic-control device; or
(B)  with the consent of the political subdivision, restoring the public property, street sign, or official traffic-control device by removing or painting over any markings made by the defendant on the property, sign, or device.
(3)  If the court orders a defendant to make restitution under this subsection and the defendant is financially unable to make the restitution, the court may order the defendant to perform a specific number of hours of community service to satisfy the restitution.
(4)  Notwithstanding Subsection (g)(4), a court shall direct a defendant ordered to make restitution under this subsection as a condition of community supervision to deliver the amount or property due as restitution to the defendant's supervising officer for transfer to the owner.  A parole panel shall direct a defendant ordered to make restitution under this subsection as a condition of parole or mandatory supervision to deliver the amount or property due as restitution to the defendant's supervising officer.  The defendant's supervising officer shall notify the court when the defendant has delivered the full amount of restitution ordered.
(5)  For purposes of this subsection, "official traffic-control device" has the meaning assigned by Section 541.304, Transportation Code.
  
Added by Acts 1993, 73rd Leg., ch. 806, Sec. 1, eff. Sept. 1, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 318, Sec. 51, eff. Sept. 1, 1995;  Subsec. (i) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(111), eff. Sept. 1, 1995;  Subsec. (g)(4) amended by Acts 1999, 76th Leg., ch. 40, Sec. 2, eff. Sept. 1, 1999;  Subsec. (n) added by Acts 1999, 76th Leg., ch. 40, Sec. 3, eff. Sept. 1, 1999;  Subsec. (h) amended by Acts 2001, 77th Leg., ch. 856, Sec. 10, eff. Sept. 1, 2001;  Subsec. (o) added by Acts 2001, 77th Leg., ch. 1034, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 543, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 969, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1025, Sec. 2, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(10), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1053, Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.021, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 639, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1040, Sec. 2, eff. September 1, 2009.
    
Art. 42.0371. MANDATORY RESTITUTION FOR KIDNAPPED OR ABDUCTED CHILDREN.  (a)  The court shall order a defendant convicted of an offense under Chapter 20, Penal Code, or Section 25.03, 25.031, or 25.04, Penal Code, to pay restitution in an amount equal to the cost of necessary rehabilitation, including medical, psychiatric, and psychological care and treatment, for the victim of the offense if the victim is younger than 17 years of age.
(b) The court shall, after considering the financial circumstances of the defendant, specify in a restitution order issued under Subsection (a) the manner in which the defendant must pay the restitution.
(c) A restitution order issued under Subsection (a) may be enforced by the state or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.
(d) The court may hold a hearing, make findings of fact, and amend a restitution order issued under Subsection (a) if the defendant fails to pay the victim named in the order in the manner specified by the court.
  
Added by Acts 1999, 76th Leg., ch. 657, Sec. 1, eff. Sept. 1, 1999.
    
Art. 42.038. REIMBURSEMENT FOR CONFINEMENT EXPENSES.  (a)  In addition to any fine, cost, or fee authorized by law, a court that sentences a defendant convicted of a misdemeanor to serve a term of confinement in county jail and orders execution of the sentence may require the defendant to reimburse the county for the defendant's confinement at a rate of $25 a day.
(b) A court that requires a defendant convicted of a misdemeanor or placed on deferred adjudication for a misdemeanor to submit to a period of confinement in county jail as a condition of community supervision may also require as a condition of community supervision that the defendant reimburse the county for the defendant's confinement, with the amount of reimbursement determined as if the defendant were serving an executed sentence.
(c) A judge may not require reimbursement under this article if the judge determines the defendant is indigent based on the defendant's sworn statement or affidavit filed with the court.  A court that requires reimbursement under this article may require the defendant to reimburse the county only for those days the defendant is confined after the date of conviction or on which a plea of guilty or nolo contendere was entered.  The court may not require a defendant to reimburse the county for those days the defendant was confined after arrest and before the date of conviction or on which the plea of guilty or nolo contendere was entered.
(d) The court, in determining whether to order reimbursement under this article, shall consider:
(1) the defendant's employment status, earning ability, and financial resources;  and
(2) any other special circumstances that may affect the defendant's ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim.
(e) On the day on which a defendant who is required to reimburse the county under this article discharges an executed sentence of confinement or completes the period of confinement required as a condition of community supervision, the sheriff shall present to the defendant a bill computed by multiplying the daily rate of $25 times the number of days the defendant was confined in the county jail, not counting the day on which the execution of the sentence or the period of confinement began.  For purposes of this subsection, a defendant who is confined in county jail for only a portion of a day is nonetheless considered to have been confined for the whole day.
(f) The court may require a defendant to reimburse the county under this article by paying to the sheriff the bill presented by the sheriff within a specified period or in specified installments.  The end of the period or the last installment may not be later than:
(1) the end of the period of community supervision, if community supervision is ordered;  or
(2) the fifth anniversary of the last day of the term of confinement, if the court does not order community supervision.
  
Added by Acts 1999, 76th Leg., ch. 295, Sec. 1, eff. Sept. 1, 1999.
    
Art. 42.04. SENTENCE WHEN APPEAL IS TAKEN.  When a defendant is sentenced to death, no date shall be set for the execution of sentence until after the receipt by the clerk of the trial court of the mandate of affirmance of the court of criminal appeals.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 114, eff. Sept. 1, 1981.
    
Art. 42.05. IF COURT IS ABOUT TO ADJOURN.  The time limit within which any act is to be done within the meaning of this Code shall not be affected by the expiration of the term of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 42.07. REASONS TO PREVENT SENTENCE.  Before pronouncing sentence, the defendant shall be asked whether he has anything to say why the sentence should not be pronounced against him.  The only reasons which can be shown, on account of which sentence cannot be pronounced, are:
1. That the defendant has received a pardon from the proper authority, on the presentation of which, legally authenticated, he shall be discharged.
2. That the defendant is incompetent to stand trial;  and if evidence be shown to support a finding of incompetency to stand trial, no sentence shall be pronounced, and the court shall proceed under Chapter 46B;  and
3. When a person who has been convicted escapes after conviction and before sentence and an individual supposed to be the same has been arrested he may before sentence is pronounced, deny that he is the person convicted, and an issue be accordingly tried before a jury, or before the court if a jury is waived, as to his identity.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 1102, ch. 415, Sec. 3, eff. June 19, 1975.
      
Amended by Acts 1981, 67th Leg., p. 810, ch. 291, Sec. 115, eff. Sept. 1, 1981;  Acts 2003, 78th Leg., ch. 35, Sec. 3, eff. Jan. 1, 2004.
    
Art. 42.08. CUMULATIVE OR CONCURRENT SENTENCE.  (a)  When the same defendant has been convicted in two or more cases, judgment and sentence shall be pronounced in each case in the same manner as if there had been but one conviction.  Except as provided by Sections (b) and (c) of this article, in the discretion of the court, the judgment in the second and subsequent convictions may either be that the sentence imposed or suspended shall begin when the judgment and the sentence imposed or suspended in the preceding conviction has ceased to operate, or that the sentence imposed or suspended shall run concurrently with the other case or cases, and sentence and execution shall be accordingly;  provided, however, that the cumulative total of suspended sentences in felony cases shall not exceed 10 years, and the cumulative total of suspended sentences in misdemeanor cases shall not exceed the maximum period of confinement in jail applicable to the misdemeanor offenses, though in no event more than three years, including extensions of periods of community supervision under Section 22, Article 42.12, of this code, if none of the offenses are offenses under Chapter 49, Penal Code, or four years, including extensions, if any of the offenses are offenses under Chapter 49, Penal Code.
(b)  If a defendant is sentenced for an offense committed while the defendant was an inmate in the Texas Department of Criminal Justice and serving a sentence for an offense other than a state jail felony and the defendant has not completed the sentence he was serving at the time of the offense, the judge shall order the sentence for the subsequent offense to commence immediately on completion of the sentence for the original offense.
(c) If a defendant has been convicted in two or more cases and the court suspends the imposition of the sentence in one of the cases, the court may not order a sentence of confinement to commence on the completion of a suspended sentence for an offense.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1985, 69th Leg., ch. 29, Sec. 1, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 513, Sec. 1, eff. Aug. 31, 1987;  Subsec. (a) amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.11, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.022, eff. September 1, 2009.
    
Art. 42.09. COMMENCEMENT OF SENTENCE;  STATUS DURING APPEAL;  PEN PACKET.
Sec. 1.  Except as provided in Sections 2 and 3, a defendant shall be delivered to a jail or to the Texas Department of Criminal Justice when his sentence is pronounced, or his sentence to death is announced, by the court.  The defendant's sentence begins to run on the day it is pronounced, but with all credits, if any, allowed by Article 42.03.
Sec. 2.  If a defendant appeals his conviction and is released on bail pending disposition of his appeal, when his conviction is affirmed, the clerk of the trial court, on receipt of the mandate from the appellate court, shall issue a commitment against the defendant.  The officer executing the commitment shall endorse thereon the date he takes the defendant into custody and the defendant's sentence begins to run from the date endorsed on the commitment.  The Texas Department of Criminal Justice shall admit the defendant named in the commitment on the basis of the commitment.
Sec. 3.  If a defendant is convicted of a felony and sentenced to death, life, or a term of more than ten years in the Texas Department of Criminal Justice and he gives notice of appeal, he shall be transferred to the department on a commitment pending a mandate from the court of appeals or the Court of Criminal Appeals.
Sec. 4.  If a defendant is convicted of a felony, is eligible for release on bail pending appeal under Article 44.04(b), and gives notice of appeal, he shall be transferred to the Texas Department of Criminal Justice on a commitment pending a mandate from the Court of Appeals or the Court of Criminal Appeals upon request in open court or upon written request to the sentencing court.  Upon a valid transfer to the department under this section, the defendant may not thereafter be released on bail pending his appeal.
Sec. 5.  If a defendant is transferred to the Texas Department of Criminal Justice pending appeal under Section 3 or 4, his sentence shall be computed as if no appeal had been taken if the appeal is affirmed.
Sec. 6.  All defendants who have been transferred to the Texas Department of Criminal Justice pending the appeal of their convictions under this article shall be under the control and authority of the department for all purposes as if no appeal were pending.
Sec. 7.  If a defendant is sentenced to a term of imprisonment in the Texas Department of Criminal Justice but is not transferred to the department under Section 3 or 4, the court, before the date on which it would lose jurisdiction under Section 6(a), Article 42.12, shall send to the department a document containing a statement of the date on which the defendant's sentence was pronounced and credits earned by the defendant under Article 42.03 as of the date of the statement.
Sec. 8.  (a)  A county that transfers a defendant to the Texas Department of Criminal Justice under this article shall deliver to an officer designated by the department:
(1)  a copy of the judgment entered pursuant to Article 42.01, completed on a standardized felony judgment form described by Section 4 of that article;
(2)  a copy of any order revoking community supervision and imposing sentence pursuant to Section 23, Article 42.12, including:
(A)  any amounts owed for restitution, fines, and court costs, completed on a standardized felony judgment form described by Section 4, Article 42.01; and
(B)  a copy of the client supervision plan prepared for the defendant by the community supervision and corrections department supervising the defendant, if such a plan was prepared;
(3)  a written report that states the nature and the seriousness of each offense and that states the citation to the provision or provisions of the Penal Code or other law under which the defendant was convicted;
(4)  a copy of the victim impact statement, if one has been prepared in the case under Article 56.03;
(5)  a statement as to whether there was a change in venue in the case and, if so, the names of the county prosecuting the offense and the county in which the case was tried;
(6)   if requested, information regarding the criminal history of the defendant, including the defendant's state identification number if the number has been issued;
(7)  a copy of the indictment or information for each offense;
(8)  a checklist sent by the department to the county and completed by the county in a manner indicating that the documents required by this subsection and Subsection (c) accompany the defendant;
(9)  if prepared, a copy of a presentence or postsentence investigation report prepared under Section 9, Article 42.12;
(10)  a copy of any detainer, issued by an agency of the federal government, that is in the possession of the county and that has been placed on the defendant;
(11)  if prepared, a copy of the defendant's Texas Uniform Health Status Update Form; and
(12)  a written description of a hold or warrant, issued by any other jurisdiction, that the county is aware of and that has been placed on or issued for the defendant.
(b)  The Texas Department of Criminal Justice shall not take a defendant into custody under this article until the designated officer receives the documents required by Subsections (a) and (c) of this section.  The designated officer shall certify under the seal of the department the documents received under Subsections (a) and (c) of this section.  A document certified under this subsection is self-authenticated for the purposes of Rules 901 and 902, Texas Rules of Evidence.
(c) A county that transfers a defendant to the Texas Department of Criminal Justice under this article shall also deliver to the designated officer any presentence or postsentence investigation report, revocation report, psychological or psychiatric evaluation of the defendant, including an evaluation prepared for the juvenile court before transferring the defendant to criminal court and contained in the criminal prosecutor's file, and available social or psychological background information relating to the defendant and may deliver to the designated officer any additional information upon which the judge or jury bases the punishment decision.
(d)  The correctional institutions division of the Texas Department of Criminal Justice shall make documents received under Subsections (a) and (c) available to the parole division on the request of the parole division and shall, on release of a defendant on parole or to mandatory supervision, immediately provide the parole division with copies of documents received under Subsection (a).  The parole division shall provide to the parole officer appointed to supervise the defendant a comprehensive summary of the information contained in the documents referenced in this section not later than the 14th day after the date of the defendant's release.  The summary shall include a current photograph of the defendant and a complete set of the defendant's fingerprints.  Upon written request from the county sheriff, the photograph and fingerprints shall be filed with the sheriff of the county to which the parolee is assigned if that county is not the county from which the parolee was sentenced.
(e) A county is not required to deliver separate documents containing information relating to citations to provisions of the Penal Code or other law and to changes of venue, as otherwise required by Subsections (a)(3) and (a)(5) of this article, if the standardized felony judgment form described by Section 4, Article 42.01, of this code is modified to require that information.
(f) Except as provided by Subsection (g) of this section, the county sheriff is responsible for ensuring that documents and information required by this section accompany defendants sentenced by district courts in the county to the Texas Department of Criminal Justice.
(g) If the presiding judge of the administrative judicial region in which the county is located determines that the county sheriff is unable to perform the duties required by Subsection (f) of this section, the presiding judge may impose those duties on:
(1) the district clerk;  or
(2) the prosecutor of each district court in the county.
(h) If a parole panel releases on parole a person who is confined in a jail in this state, a federal correctional institution, or a correctional institution in another state, the Texas Department of Criminal Justice shall request the sheriff who would otherwise be required to transfer the person to the department to forward to the department the information described by Subsections (a) and (c) of this section.  The sheriff shall comply with the request of the department. The department shall determine whether the information forwarded by the sheriff under this subsection contains a thumbprint taken from the person in the manner provided by Article 38.33 of this code and, if not, the department shall obtain a thumbprint taken in the manner provided by that article and shall forward the thumbprint to the department for inclusion with the information sent by the sheriff.
(i) A county may deliver the documents required under Subsections (a) and (c) of this section to the Texas Department of Criminal Justice by electronic means.  For purposes of this subsection, "electronic means" means the transmission of data between word processors, data processors, or similar automated information equipment over dedicated cables, commercial lines, or other similar methods of transmission.
(j) If after a county transfers a defendant or inmate to the Texas Department of Criminal Justice the charges on which the defendant or inmate was convicted and for which the defendant or inmate was transferred are dismissed, the county shall immediately notify an officer designated by the department of the dismissal.
Sec. 9. A county that transfers a defendant to the Texas Department of Criminal Justice under this article may deliver to an officer designated by the department a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by the inmate while the inmate was confined in the county jail awaiting transfer to the department following conviction of a felony or revocation of community supervision, parole, or mandatory supervision.  The county may deliver the copy to the department at the time of the transfer of the inmate or at any time after the transfer of the inmate.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 206, ch. 91, Sec. 2, eff. Aug. 27, 1973;  Acts 1977, 65th Leg., p. 2018, ch. 806, Sec. 1, eff. Aug. 29, 1977.
      
Amended by Acts 1981, 67th Leg., p. 810, ch. 291, Sec. 117, eff. Sept. 1, 1981.  Sec. 7 added by Acts 1983, 68th Leg., p. 148, ch. 40, Sec. 1, eff. April 26, 1983;  Acts 1983, 68th Leg., p. 4668, ch. 810, Sec. 1, eff. Sept. 1, 1983;  Sec. 8 amended by Acts 1985, 69th Leg., ch. 344, Sec. 3, eff. Jan. 1, 1986;  Acts 1987, 70th Leg., ch. 1049, Sec. 53, eff. Sept. 1, 1987;  Sec. 8(a) amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.12, eff. Sept. 1, 1989;  Sec. 8(h) added by Acts 1989, 71st Leg., ch. 33, Sec. 2, eff. April 26, 1989;  Sec. 8(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.05, eff. Aug. 29, 1991.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993;  Sec. 8(a) to (c) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995;  Sec. 8(d) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1995;  Sec. 8(f), (h), (i) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995;  Sec. 8(a) amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.42, eff. Sept. 1, 1999;  Sec. 8(c) amended by Acts 1999, 76th Leg., ch. 1477, Sec. 29, eff. Sept. 1, 1999;  Sec. 9 added by Acts 1999, 76th Leg., ch. 655, Sec. 1, eff. June 18, 1999;  Sec. 4 amended by Acts 2001, 77th Leg., ch. 214, Sec. 1, eff. May 22, 2001;  Sec. 8(j) added by Acts 2001, 77th Leg., ch. 453, Sec. 1, eff. June 8, 2001;  Sec. 8(a) amended by Acts 2003, 78th Leg., ch. 14, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 728, Sec. 4.005, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 4, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.023, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.024, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 980, Sec. 1, eff. September 1, 2009.
    
Art. 42.10. SATISFACTION OF JUDGMENT AS IN MISDEMEANOR CONVICTIONS.  When a person is convicted of a felony, and the punishment assessed is only a fine or a term in jail, or both, the judgment may be satisfied in the same manner as a conviction for a misdemeanor is by law satisfied.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 42.111. DEFERRAL OF PROCEEDINGS IN CASES APPEALED TO COUNTY COURT.  If a defendant convicted of a misdemeanor punishable by fine only appeals the conviction to a county court, on the trial in county court the defendant may enter a plea of guilty or nolo contendere to the offense.  If the defendant enters a plea of guilty or nolo contendere, the court may defer further proceedings without entering an adjudication of guilt in the same manner as provided for the deferral of proceedings in justice court or municipal court under Article 45.051 of this code.  This article does not apply to a misdemeanor case disposed of under Subchapter B, Chapter 543, Transportation Code, or a serious traffic violation as defined by Section 522.003, Transportation Code.
  
Added by Acts 1989, 71st Leg., ch. 399, Sec. 2, eff. June 14, 1989.  Amended by Acts 1991, 72nd Leg., ch. 775, Sec. 18, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 62, Sec. 3.03, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1545, Sec. 62, eff. Sept. 1, 1999.
    
Art. 42.12. COMMUNITY SUPERVISION.
Purpose

Sec. 1.  It is the purpose of this article to place wholly within the state courts the responsibility for determining when the imposition of sentence in certain cases shall be suspended, the conditions of community supervision, and the supervision of defendants placed on community supervision, in consonance with the powers assigned to the judicial branch of this government by the Constitution of Texas.  It is the purpose of this article to remove from existing statutes the limitations, other than questions of constitutionality, that have acted as barriers to effective systems of community supervision in the public interest.
Definitions

Sec. 2.  In this article:
(1)  "Court" means a court of record having original criminal jurisdiction.
(2)  "Community supervision" means the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period during which:
(A)  criminal proceedings are deferred without an adjudication of guilt; or
(B)  a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part.
(3)  "Supervision officer" means a person appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision.
(4)  "Electronic monitoring" includes voice tracking systems, position tracking systems, position location systems, biometric tracking systems, and any other electronic or telecommunications system that may be used to assist in the supervision of individuals under this article.
Judge Ordered Community Supervision

Sec. 3.  (a)  A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may suspend the imposition of the sentence and place the defendant on community supervision or impose a fine applicable to the offense and place the defendant on community supervision.
(b)  In a felony case the minimum period of community supervision is the same as the minimum term of imprisonment applicable to the offense and the maximum period of community supervision is, subject to the extensions provided by Section 22:
(1)  10 years, for a felony other than a  third degree felony described by Subdivision (2); and
(2)  five years, for the following third degree felonies:
(A)  a third degree felony under Title 7, Penal Code, other than an offense under Section 33.021(c), Penal Code; and
(B)  a third degree felony under Chapter 481, Health and Safety Code.
(c)  The maximum period of community supervision in a misdemeanor case is two years.
(d)  A judge may increase the maximum period of community supervision in the manner provided by Section 22(c) or 22A of this article.
(e)  A defendant is not eligible for community supervision under this section if the defendant:
(1)  is sentenced to a term of imprisonment that exceeds 10 years; or
(2)  is sentenced to serve a term of confinement under Section 12.35, Penal Code.
(f)  The minimum period of community supervision for a felony described by Section 13B(b) is five years and the maximum period of supervision is 10 years.
(g)  A judge shall not deny community supervision to a defendant based solely on the defendant's inability to speak, read, write, hear, or understand English.
(h)  The minimum period of community supervision under this section for an offense under Section 30.04, Penal Code, punishable as a Class A misdemeanor with a minimum term of confinement of six months is one year.
Secs. 3a to 3f. [Blank].
Limitation on Judge Ordered Community Supervision

Sec. 3g.  (a)  The provisions of Section 3 of this article do not apply:
(1)  to a defendant adjudged guilty of an offense under:
(A)  Section 19.02, Penal Code (Murder);
(B)  Section 19.03, Penal Code (Capital murder);
(C)  Section 21.11(a)(1), Penal Code (Indecency with a child);
(D)  Section 20.04, Penal Code (Aggravated kidnapping);
(E)  Section 22.021, Penal Code (Aggravated sexual assault);
(F)  Section 29.03, Penal Code (Aggravated robbery);
(G)  Chapter 481, Health and Safety Code, for which punishment is increased under:
(i)  Section 481.140, Health and Safety Code; or
(ii)  Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections;
(H)  Section 22.011, Penal Code (Sexual assault);
(I)  Section 22.04(a)(1), Penal Code (Injury to a child, elderly individual, or disabled individual), if the offense is punishable as a felony of the first degree and the victim of the offense is a child;
(J) Section 43.25, Penal Code (Sexual performance by a child); or
(K)  Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree; or
(2)  to a defendant when it is shown that a deadly weapon as defined in Section 1.07, Penal Code, was used or exhibited during the commission of a felony offense or during immediate flight therefrom, and that the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited.  On an affirmative finding under this subdivision, the trial court shall enter the finding in the judgment of the court.  On an affirmative finding that the deadly weapon was a firearm, the court shall enter that finding in its judgment.
(b)  If there is an affirmative finding under Subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon used or exhibited was a firearm and the defendant is granted community supervision, the court may order the defendant confined in the Texas Department of Criminal Justice for not less than 60 and not more than 120 days.  At any time after the defendant has served 60 days in the custody of the department, the sentencing judge, on his own motion or on motion of the defendant, may order the defendant released to community supervision.  The department shall release the defendant to community supervision after he has served 120 days.
Jury Recommended Community Supervision

Sec. 4.  (a)  A jury that imposes confinement as punishment for an offense may recommend to the judge that the judge suspend the imposition of the sentence and place the defendant on community supervision.  A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.
(b)  If the jury recommends to the judge that the judge place the defendant on community supervision, the judge shall place the defendant on community supervision for any period permitted under Section 3(b) or 3(c) of this article, as appropriate.
(c)  A judge may increase the maximum period of community supervision in the manner provided by Section 22(c) or Section 22A of this article.
(d)  A defendant is not eligible for community supervision under this section if the defendant:
(1)  is sentenced to a term of imprisonment that exceeds 10 years;
(2)  is convicted of a state jail felony for which suspension of the imposition of the sentence occurs automatically under Section 15(a);
(3)  does not file a sworn motion under Subsection (e) of this section or for whom the jury does not enter in the verdict a finding that the information contained in the motion is true;
(4)  is convicted of an offense for which punishment is increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any one of those subsections;
(5)  is convicted of an offense listed in Section 3g(a)(1)(C), (E), or (H), if the victim of the offense was younger than 14 years of age at the time the offense was committed;
(6)  is convicted of an offense listed in Section 3g(a)(1)(D), if the victim of the offense was younger than 14 years of age at the time the offense was committed and the actor committed the offense with the intent to violate or abuse the victim sexually;
(7)  is convicted of an offense listed in Section 3g(a)(1)(J); or
(8)  is adjudged guilty of an offense under Section 19.02, Penal Code.
(e)  A defendant is eligible for community supervision under this section only if before the trial begins the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other state, and the jury enters in the verdict a finding that the information in the defendant's motion is true.
(f)  The minimum period of community supervision under this section for an offense under Section 30.04, Penal Code, punishable as a Class A misdemeanor with a minimum term of confinement of six months is one year.
Deferred Adjudication; Community Supervision

Sec. 5.  (a)  Except as provided by Subsection (d) of this section, when in the judge's opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or plea of nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt, and place the defendant on community supervision.  A judge may place on community supervision under this section a defendant charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a defendant charged with a felony described by Section 13B(b) of this article, only if the judge makes a finding in open court that placing the defendant on community supervision is in the best interest of the victim.  The failure of the judge to find that deferred adjudication is in the best interest of the victim is not grounds for the defendant to set aside the plea, deferred adjudication, or any subsequent conviction or sentence.  After placing the defendant on community supervision under this section, the judge shall inform the defendant orally or in writing of the possible consequences under Subsection (b) of this section of a violation of community supervision.  If the information is provided orally, the judge must record and maintain the judge's statement to the defendant.  The failure of a judge to inform a defendant of possible consequences under Subsection (b) of this section is not a ground for reversal unless the defendant shows that he was harmed by the failure of the judge to provide the information.  In a felony case, the period of community supervision may not exceed 10 years.  For a defendant charged with a felony under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, and for a defendant charged with a felony described by Section 13B(b) of this article, the period of community supervision may not be less than five years.  In a misdemeanor case, the period of community supervision may not exceed two years.  A judge may increase the maximum period of community supervision in the manner provided by Section 22(c) or 22A of this article.  The judge may impose a fine applicable to the offense and require any reasonable conditions of community supervision, including mental health treatment under Section 11(d) of this article, that a judge could impose on a defendant placed on community supervision for a conviction that was probated and suspended, including confinement.  The provisions of Section 15 of this article specifying whether a defendant convicted of a state jail felony is to be confined in a county jail or state jail felony facility and establishing the minimum and maximum terms of confinement as a condition of community supervision apply in the same manner to a defendant placed on community supervision after pleading guilty or nolo contendere to a state jail felony.  However, upon written motion of the defendant requesting final adjudication filed within 30 days after entering such plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases.
(b)  On violation of a condition of community supervision imposed under Subsection (a) of this section, the defendant may be arrested and detained as provided in Section 21 of this article.  The defendant is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge.  This determination is reviewable in the same manner as a revocation hearing conducted under Section 21 of this article in a case in which an adjudication of guilt had not been deferred.  After an adjudication of guilt, all proceedings, including assessment of punishment, pronouncement of sentence, granting of community supervision, and defendant's appeal continue as if the adjudication of guilt had not been deferred.  A court assessing punishment after an adjudication of guilt of a defendant charged with a state jail felony may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed, regardless of whether the defendant has previously been convicted of a felony.
(c)  On expiration of a community supervision period imposed under Subsection (a), if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him.  The judge may dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62, prior to the expiration of the term of community supervision if in the judge's opinion the best interest of society and the defendant will be served.  The judge may not dismiss the proceedings and discharge a defendant charged with an offense requiring the defendant to register under Chapter 62.  Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense.  For any defendant who receives a dismissal and discharge under this section:
(1)  upon conviction of a subsequent offense, the fact that the defendant had previously received community supervision with a deferred adjudication of guilt shall be admissible before the court or jury to be considered on the issue of penalty;
(2)  if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Department of Family and Protective Services may consider the fact that the defendant previously has received community supervision with a deferred adjudication of guilt under this section in issuing, renewing, denying, or revoking a license under that chapter; and
(3)  if the defendant is a person who has applied for registration to provide mental health or medical services for the rehabilitation of sex offenders, the Council on Sex Offender Treatment may consider the fact that the defendant has received community supervision under this section in issuing, renewing, denying, or revoking a license or registration issued by that council.
(d)  In all other cases the judge may grant deferred adjudication unless:
(1)  the defendant is charged with an offense:
(A)  under Sections 49.04-49.08, Penal Code; or
(B)  for which punishment may be increased under Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any one of those subsections;
(2)  the defendant:
(A)  is charged with an offense under Section 21.11, 22.011, or 22.021, Penal Code, regardless of the age of the victim, or a felony described by Section 13B(b) of this article; and
(B)  has previously been placed on community supervision for any offense under Paragraph (A) of this subdivision; or
(3)  the defendant is charged with an offense under:
(A)  Section 21.02, Penal Code; or
(B)  Section 22.021, Penal Code, that is punishable under Subsection (f) of that section or under Section 12.42(c)(3), Penal Code.
(e)  If a judge places on community supervision under this section a defendant charged with an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that the victim or intended victim was younger than 17 years of age at the time of the offense.
(f)  A record in the custody of the court clerk regarding a case in which a person is granted deferred adjudication is not confidential.
(g)  If a judge places on community supervision under this section a defendant charged with an offense under Section 21.11, 22.011, 22.021, or 43. 25, Penal Code, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that:
(1)  at the time of the offense, the defendant was younger than 19 years of age and the victim or intended victim was at least 13 years of age; and
(2)  the charge to which the plea is entered under this section is based solely on the ages of the defendant and the victim or intended victim at the time of the offense.
(h)  A court retains jurisdiction to hold a hearing under Subsection (b) and to proceed with an adjudication of guilt, regardless of whether the period of community supervision imposed on the defendant has expired, if before the expiration the attorney representing the state files a motion to proceed with the adjudication and a capias is issued for the arrest of the defendant.
(i)  If a judge places on community supervision under this section a defendant charged with an offense, on the motion of the  attorney representing the state the judge shall make an affirmative finding of fact and file a statement of that affirmative finding in the papers in the case if the judge determines that, regardless of whether the conduct at issue is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, a victim in the trial:
(1)  is or has been a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. Section 7102(8); or
(2)  has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described by 8 U.S.C. Section 1101(a)(15)(U)(iii).
(j)  That part of the papers in the case containing an affirmative finding under Subsection (i):
(1)  must include specific information identifying the victim, as available;
(2)  may not include information identifying the victim's location; and
(3)  is confidential, unless written consent for the release of the affirmative finding is obtained from the victim or, if the victim is younger than 18 years of age, the victim's parent or guardian.
Continuing Court Jurisdiction in Felony Cases

Sec. 6.  (a)  For the purposes of this section, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for an offense other than a state jail felony continues for 180 days from the date the execution of the sentence actually begins.  Before the expiration of 180 days from the date the execution of the sentence actually begins, the judge of the court that imposed such sentence may on his own motion, on the motion of the attorney representing the state, or on the written motion of the defendant, suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this article, if in the opinion of the judge the defendant would not benefit from further imprisonment and:
(1)  the defendant is otherwise eligible for community supervision under this article; and
(2)  the defendant had never before been incarcerated in a penitentiary serving a sentence for a felony.
(b)  When the defendant or the attorney representing the state files a written motion requesting suspension by the judge of further execution of the sentence and placement of the defendant on community supervision, and when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while imprisoned from the Texas Department of Criminal Justice or, if the defendant is confined in county jail, from the sheriff.  Upon receipt of such request, the Texas Department of Criminal Justice or the sheriff shall forward to the judge, as soon as possible, a full and complete copy of the defendant's record while imprisoned or confined.  When the defendant files a written motion requesting suspension of further execution of the sentence and placement on community supervision, he shall immediately deliver or cause to be delivered a true and correct copy of the motion to the office of the attorney representing the state.
(c)  The judge may deny the motion without a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion.
Continuing Court Jurisdiction in Misdemeanor Cases

Sec. 7.  (a)  For the purposes of this section, the jurisdiction of the courts in this state in which a sentence requiring confinement in a jail is imposed for conviction of a misdemeanor shall continue for 180 days from the date the execution of the sentence actually begins.  The judge of the court that imposed such sentence may on his own motion, on the motion of the attorney representing the state, or on the written motion of the defendant suspend further execution of the sentence and place the defendant on community supervision under the terms and conditions of this article, if in the opinion of the judge the defendant would not benefit from further confinement.
(b)  When the defendant files a written motion with the court requesting suspension of further execution of the sentence and placement on community supervision or when requested to do so by the judge, the clerk of the court shall request a copy of the defendant's record while confined from the agency operating the jail where the defendant is confined.  Upon receipt of such request, the agency operating the jail where the defendant is confined shall forward to the court as soon as possible a full and complete copy of the defendant's record while confined.
(c)  The judge may deny the motion without a hearing but may not grant a motion without holding a hearing and allowing the attorney representing the state and the defendant to present evidence in the case.
State Boot Camp Program

Sec. 8.  (a)  For the purposes of this section, the jurisdiction of a court imposing a sentence requiring imprisonment in the Texas Department of Criminal Justice for an offense other than a state jail felony continues for 180 days from the date on which the convicted person is received into custody by the department.  After the expiration of 75 days but prior to the expiration of 180 days from the date on which the convicted person is received into custody by the department, the judge of the court that imposed the sentence may suspend further execution of the sentence imposed and place the person on community supervision under the terms and conditions of this article, if in the opinion of the judge the person would not benefit from further imprisonment.  The court shall clearly indicate in its order recommending the placement of the person in the state boot camp program that the court is not retaining jurisdiction over the person for the purposes of Section 6.  A court may recommend a person for placement in the state boot camp program only if:
(1)  the person is otherwise eligible for community supervision under this article;
(2)  the person is 17 years of age or older but younger than 26 years and is physically and mentally capable of participating in a program that requires strenuous physical activity; and
(3)  the person is not convicted of an offense punishable as a state jail felony.
(b)  On the 76th day after the day on which the convicted person is received into custody by the department, the department shall send the convicting court the record of the person's progress, conduct, and conformity to department rules.
(c)  The judge's recommendation that a person be placed in the state boot camp program created under Section 499.052, Government Code, does not give the court the power to hold the Texas Department of Criminal Justice or any officer or employee of the department in contempt of court for failure to adhere to that recommendation.
Presentence Investigations

Sec. 9.  (a)  Except as provided by Subsection (g) of this section, before the imposition of sentence by a judge in a felony case, and except as provided by Subsection (b) of this section, before the imposition of sentence by a judge in a misdemeanor case the judge shall direct a supervision officer to report to the judge in writing on the circumstances of the offense with which the defendant is charged, the amount of restitution necessary to adequately compensate a victim of the offense, the criminal and social history of the defendant, and any other information relating to the defendant or the offense requested by the judge.  It is not necessary that the report contain a sentencing recommendation, but the report must contain a proposed client supervision plan describing programs and sanctions that the community supervision and corrections department would provide the defendant if the judge suspended the imposition of the sentence or granted deferred adjudication.
(b)  The judge is not required to direct a supervision officer to prepare a report in a misdemeanor case if:
(1)  the defendant requests that a report not be made and the judge agrees to the request; or
(2)  the judge finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion and the judge explains this finding on the record.
(c)  The judge may not inspect a report and the contents of the report may not be disclosed to any person unless:
(1)  the defendant pleads guilty or nolo contendere or is convicted of the offense; or
(2)  the defendant, in writing, authorizes the judge to inspect the report.
(d)  Unless waived by the defendant, at least 48 hours before sentencing a defendant, the judge shall permit the defendant or his counsel to read the presentence report.
(e)  The judge shall allow the defendant or his attorney to comment on a presentence investigation or a postsentence report and, with the approval of the judge, introduce testimony or other information alleging a factual inaccuracy in the investigation or report.
(f)  The judge shall allow the attorney representing the state access to any information made available to the defendant under this section.
(g)  A judge is not required to direct an officer to prepare a presentence report in a felony case under this section if:
(1)  punishment is to be assessed by a jury;
(2)  the defendant is convicted of or enters a plea of guilty or nolo contendere to capital murder;
(3)  the only available punishment is imprisonment; or
(4)  the judge is informed that a plea bargain agreement exists, under which the defendant agrees to a punishment of imprisonment, and the judge intends to follow the agreement.
(h)  On a determination by the judge that alcohol or drug abuse may have contributed to the commission of the offense, or in any case involving a second or subsequent offense under Section 49.04, Penal Code, committed within five years of the date on which the most recent preceding offense was committed, or a second or subsequent offense under Section 49.07 or 49.08 of that code that involves the operation of a motor vehicle, committed within five years of the date on which the most recent preceding offense was committed, the judge shall direct a supervision officer approved by the community supervision and corrections department or the judge or a person, program, or other agency approved by the Texas Commission on Alcohol and Drug Abuse, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report that evaluation to the judge.  The evaluation shall be made:
(1)  after arrest and before conviction, if requested by the defendant;
(2)  after conviction and before sentencing, if the judge assesses punishment in the case;
(3)  after sentencing and before the entry of a final judgment, if the jury assesses punishment in the case; or
(4)  after community supervision is granted, if the evaluation is required as a condition of community supervision under Section 13 of this article.
(i)  A presentence investigation conducted on any defendant convicted of a felony offense who appears to the judge through its own observation or on suggestion of a party to have a mental impairment shall include a psychological evaluation which determines, at a minimum, the defendant's IQ and adaptive behavior score.  The results of the evaluation shall be included in the report to the judge as required by Subsection (a) of this section.
(j)  The judge by order may direct that any information and records that are not privileged and that are relevant to a report required by Subsection (a) or Subsection (k) of this section be released to an officer conducting a presentence investigation under Subsection (i) of this section or a postsentence report under Subsection (k) of this section.  The judge may also issue a subpoena to obtain that information.  A report and all information obtained in connection with a presentence investigation or postsentence report are confidential and may be released only:
(1)  to those persons and under those circumstances authorized under Subsections (d), (e), (f), (h), (k), and (l) of this section;
(2)  pursuant to Section 614.017, Health and Safety Code; or
(3)  as directed by the judge for the effective supervision of the defendant.
(k)  If a presentence report in a felony case is not required under this section, the judge may direct the officer to prepare a postsentence report containing the same information that would have been required for the presentence report, other than a proposed client supervision plan and any information that is reflected in the judgment.  If the postsentence report is ordered, the officer shall send the report to the clerk of the court not later than the 30th day after the date on which sentence is pronounced or deferred adjudication is granted, and the clerk shall deliver the postsentence report with the papers in the case to a designated officer of the Texas Department of Criminal Justice, as described by Section 8(a), Article 42.09.
(l), (m) Repealed by Acts 2003, 78th Leg., ch. 353, Sec. 5.
Sex Offenders:  Presentence Investigation and Postsentence Treatment and Supervision

Sec. 9A.  (a)  In this section:
(1)  "Council" means the Council on Sex Offender Treatment.
(2)  "Sex offender" means a person who has been convicted or has entered a plea of guilty or nolo contendere for an offense under any one of the following provisions of the Penal Code:
(A)  Section 20.04(a)(4) (Aggravated Kidnapping), if the person committed the offense with the intent to violate or abuse the victim sexually;
(B)  Section 21.08 (Indecent Exposure);
(C)  Section 21.11 (Indecency with a Child);
(D)  Section 22.011 (Sexual Assault);
(E)  Section 22.021 (Aggravated Sexual Assault);
(F)  Section 25.02 (Prohibited Sexual Conduct);
(G)  Section 30.02 (Burglary), if:
(i)  the offense is punishable under Subsection (d) of that section; and
(ii)  the person committed the offense with the intent to commit a felony listed in this subsection;
(H)  Section 43.25 (Sexual Performance by a Child); or
(I)  Section 43.26 (Possession or Promotion of Child Pornography).
(b)  If the defendant is a sex offender, a supervision officer may release information in a presentence or postsentence report concerning the social and criminal history of the defendant to a person who:
(1)  is licensed or certified in this state to provide mental health or medical services, including a:
(A)  physician;
(B)  psychiatrist;
(C)  psychologist;
(D)  licensed professional counselor;
(E)  licensed marriage and family therapist; or
(F)  certified social worker; and
(2)  provides mental health or medical services for the rehabilitation of the defendant.
(c)  If the defendant is a sex offender, the judge shall direct a supervision officer approved by the community supervision and corrections department or the judge or a person, program, or other agency approved by the council to evaluate the appropriateness of, and a course of conduct necessary for, treatment, specialized supervision, or rehabilitation of the defendant and to report the results of the evaluation to the judge.  The judge may require the evaluation to use offense-specific standards of practice adopted by the council and may require the report to reflect those standards.  The evaluation shall be made after conviction and before the entry of a final judgment or, if requested by the defendant, after arrest and before conviction.
Authority to Impose, Modify, or Revoke Community Supervision

Sec. 10.  (a)  Only the court in which the defendant was tried may grant community supervision, impose conditions, revoke the community supervision, or discharge the defendant, unless the judge has transferred jurisdiction of the case to another court with the latter's consent.  Except as provided by Subsection (d) of this section, only the judge may alter conditions of community supervision.  In a felony case, only the judge who originally sentenced the defendant may suspend execution thereof and place the defendant under community supervision pursuant to Section 6 of this article.  If the judge who originally sentenced the defendant is deceased or disabled or if the office is vacant and the judge who originally sentenced the defendant is deceased or disabled or if the office is vacant and a motion is filed in accordance with Section 6 of this article, the clerk of the court shall promptly forward a copy of the motion to the presiding judge of the administrative judicial district for that court, who may deny the motion without a hearing or appoint a judge to hold a hearing on the motion.
(b)  After a defendant has been placed on community supervision, jurisdiction of the case may be transferred to a court of the same rank in this state having geographical jurisdiction where the defendant is residing or where a violation of the conditions of community supervision occurs.  Upon transfer, the clerk of the court of original jurisdiction shall forward a transcript of such portions of the record as the transferring judge shall direct to the court accepting jurisdiction, which latter court shall thereafter proceed as if the trial and conviction had occurred in that court.
(c)  Any judge of a court having geographical jurisdiction where the defendant is residing or where a violation of the conditions of community supervision occurs may issue a warrant for his arrest, but the determination of action to be taken after arrest shall be only by the judge of the court having jurisdiction of the case at the time the action is taken.
(d)  A judge that places a defendant on community supervision may authorize the supervision officer supervising the defendant or a magistrate appointed by the district courts in the county that give preference to criminal cases to modify the conditions of community supervision for the limited purpose of transferring the defendant to different programs within the community supervision continuum of programs and sanctions.
(e)  If a supervision officer or magistrate modifies the conditions of community supervision, the officer or magistrate shall deliver a copy of the modified conditions to the defendant, shall file a copy of the modified conditions with the sentencing court, and shall note the date of delivery of the copy in the defendant's file.  If the defendant agrees to the modification in writing, the officer or magistrate shall file a copy of the modified conditions with the district clerk and the conditions shall be enforced as modified.  If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge of the court for modification in the manner provided by Section 22 of this article.
(j-3) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1993.
Basic Conditions of Community Supervision

Sec. 11.  (a)  The judge of the court having jurisdiction of the case shall determine the conditions of community supervision and may, at any time during the period of community supervision, alter or modify the conditions.  The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant.  Conditions of community supervision may include, but shall not be limited to, the conditions that the defendant shall:
(1)  Commit no offense against the laws of this State or of any other State or of the United States;
(2)  Avoid injurious or vicious habits;
(3)  Avoid persons or places of disreputable or harmful character, including any person, other than a family member of the defendant, who is an active member of a criminal street gang;
(4)  Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
(5)  Permit the supervision officer to visit the defendant at the defendant's home or elsewhere;
(6)  Work faithfully at suitable employment as far as possible;
(7)  Remain within a specified place;
(8)  Pay the defendant's fine, if one is assessed, and all court costs whether a fine is assessed or not, in one or several sums;
(9)  Support the defendant's dependents;
(10)  Participate, for a time specified by the judge, in any community-based program, including a community-service work program under Section 16 of this article;
(11)  Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant in the case, if counsel was appointed, or if the defendant was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;
(12)  Remain under custodial supervision in a community corrections facility, obey all rules and regulations of the facility, and pay a percentage of the defendant's income to the facility for room and board;
(13)  Pay a percentage of the defendant's income to the defendant's dependents for their support while under custodial supervision in a community corrections facility;
(14)  Submit to testing for alcohol or controlled substances;
(15)  Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;
(16)  With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;
(17)  Submit to electronic monitoring;
(18)  Reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the defendant's offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
(19)  Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
(20)  Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
(21)  Make one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council;
(22)  Submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant;
(23)  In any manner required by the judge, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed; and
(24)  Reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.
(b)  A judge may not order a defendant to make any payments as a term or condition of community supervision, except for fines, court costs, restitution to the victim, and other conditions related personally to the rehabilitation of the defendant or otherwise expressly authorized by law.  The court shall consider the ability of the defendant to make payments in ordering the defendant to make payments under this article.
(c)  If the judge or jury places a defendant on community supervision, the judge shall require the defendant to demonstrate to the court whether the defendant has an educational skill level that is equal to or greater than the average skill level of students who have completed the sixth grade in public schools in this state.  If the judge determines that the defendant has not attained that skill level, the judge shall require as a condition of community supervision that the defendant attain that level of educational skill, unless the judge determines that the defendant lacks the intellectual capacity or the learning ability to ever achieve that level of skill.
(d)  If the judge places a defendant on community supervision and the defendant is determined to have a mental illness or be a person with mental retardation as provided by Article 16.22 or Chapter 46B or in a psychological evaluation conducted under Section 9(i) of this article, the judge may require the defendant as a condition of community supervision to submit to outpatient or inpatient mental health or mental retardation treatment if the:
(1)  defendant's:
(A)  mental impairment is chronic in nature; or
(B)  ability to function independently will continue to deteriorate if the defendant does not receive mental health or mental retardation services; and
(2)  judge determines, in consultation with a local mental health or mental retardation services provider, that appropriate mental health or mental retardation services for the defendant are available through the Texas Department of Mental Health and Mental Retardation under Section 534.053, Health and Safety Code, or through another mental health or mental retardation services provider.
(e)  A judge granting community supervision to a defendant required to register as a sex offender under Chapter 62 shall require that the defendant, as a condition of community supervision:
(1)  register under that chapter; and
(2)  submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the required sample under other state law.
(f)  A judge may not require a defendant to undergo an orchiectomy as a condition of community supervision.
(g)  A judge who grants community supervision to a person may require the person to make one payment in an amount not to exceed $50 to a children's advocacy center established under Subchapter E, Chapter 264, Family Code, if the person is charged with or convicted of an offense under Section 21.11 or 22.011(a)(2), Penal Code.
(h)  If a judge grants community supervision to a person convicted of an offense under Title 5, Penal Code, that the court determines involves family violence, the judge shall require the person to pay $100 to a family violence center that receives state or federal funds and that serves the county in which the court is located.  In this subsection, "family violence" has the meaning assigned by Section 71.004, Family Code, and "family violence center" has the meaning assigned by Section 51.002, Human Resources Code.
(i)  A judge who grants community supervision to a sex offender evaluated under Section 9A may require the sex offender as a condition of community supervision to submit to treatment, specialized supervision, or rehabilitation according to offense-specific standards of practice adopted by the Council on Sex Offender Treatment.  On a finding that the defendant is financially able to make payment, the judge shall require the defendant to pay all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation.
(j)  A judge granting community supervision to a defendant convicted of a felony shall require that the defendant, as a condition of community supervision, provide a DNA sample under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant, unless the defendant has already submitted the required sample under other state law.
(k)  A court granting community supervision to a defendant convicted of an offense under Section 28.08, Penal Code, shall require as a condition of community supervision that the defendant perform:
(1)  at least 15 hours of community service if the amount of pecuniary loss resulting from the commission of the offense is $50 or more but less than $500; or
(2)  at least 30 hours of community service if the amount of pecuniary loss resulting from the commission of the offense is $500 or more.
(l)(1) If the court grants community supervision to a person convicted of an offense under Section 42.072, Penal Code, the court may require as a condition of community supervision that the person may not:
(A)  communicate directly or indirectly with the victim; or
(B)  go to or near the residence, place of employment, or business of the victim or to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance.
(2)  If the court requires the prohibition contained in Subdivision (1)(B) of this subsection as a condition of community supervision, the court shall specifically describe the prohibited locations and the minimum distances, if any, that the person must maintain from the locations.
Confinement as a Condition of Community Supervision

Sec. 12.  (a)  If a judge having jurisdiction of a misdemeanor case requires as a condition of community supervision that the defendant submit to a period of confinement in a county jail, the period of confinement may not exceed 30 days. If a judge having jurisdiction of a felony case requires as a condition of community supervision that the defendant submit to a period of confinement in a county jail, the period of confinement may not exceed 180 days.
(b)  A judge that requires as a condition of community supervision that the defendant serve a term in a community corrections facility under Section 18 of this article may not impose a term of confinement under this section that, when added to the term imposed under Section 18, exceeds 24 months.
(c)  A judge may impose confinement as a condition of community supervision under Subsection (a) of this section on placing the defendant on supervision or at any time during the supervision period.  The judge may impose periods of confinement as a condition of community supervision in increments smaller than the maximum periods provided by Subsection (a) of this section but may not impose periods of confinement that if added together exceed the maximum periods provided by Subsection (a).
DWI Community Supervision

Sec. 13.  (a)  A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to:
(1)  not less than 72 hours of continuous confinement in county jail if the defendant was punished under Section 49.09(a); not less than five days of confinement in county jail if the defendant was punished under Section 49.09(a) and was subject to Section 49.09(h); not less than 10 days of confinement in county jail if the defendant was punished under Section 49.09(b) or (c); or not less than 30 days of confinement in county jail if the defendant was convicted under Section 49.07; and
(2)  an evaluation by a supervision officer or by a person, program, or facility approved by the Texas Commission on Alcohol and Drug Abuse for the purpose of having the facility prescribe and carry out a course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence condition.
(b)  A judge granting community supervision to a defendant convicted of an offense under Section 49.08, Penal Code, shall require as a condition of community supervision that the defendant submit to a period of confinement of not less than 120 days.
(c)  If the director of a facility to which a defendant is referred under Subdivision (2) of Subsection (a) of this section determines that the defendant is not making a good faith effort to participate in a program of rehabilitation, the director shall notify the judge that referred the defendant of that fact.
(d)  If a judge requires as a condition of community supervision that the defendant participate in a prescribed course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence condition, the judge shall require that the defendant pay for all or part of the cost of such rehabilitation based on the defendant's ability to pay.  The judge may, in its discretion, credit such cost paid by the defendant against the fine assessed.  In making a determination of a defendant's ability to pay the cost of rehabilitation under this subsection, the judge shall consider whether the defendant has insurance coverage that will pay for rehabilitation.
(e)  The confinement imposed shall be treated as a condition of community supervision, and in the event of a sentence of confinement upon the revocation of community supervision, the term of confinement served may not be credited toward service of such subsequent confinement.
(f)  If a judge grants community supervision to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, and if before receiving community supervision the defendant has not submitted to an evaluation under Section 9 of this article, the judge shall require the defendant to submit to the evaluation as a condition of community supervision.  If the evaluation indicates to the judge that the defendant is in need of treatment for drug or alcohol dependency, the judge shall require the defendant to submit to that treatment as a condition of community supervision in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse or in a program or facility that complies with standards established by the community justice assistance division of the Texas Department of Criminal Justice, after consultation by the division with the commission.
(g)  A jury that recommends community supervision for a person convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver's license issued to the defendant under Chapter 521, Transportation Code, not be suspended.  This subsection does not apply to a person punished under Section 49.09(a) or (b), Penal Code, and subject to Section 49.09(h) of that code.
(h)  If a person convicted of an offense under Sections 49.04-49.08, Penal Code, is placed on community supervision, the judge shall require, as a condition of the community supervision, that the defendant attend and successfully complete before the 181st day after the day community supervision is granted an educational program jointly approved by the Texas Commission on Alcohol and Drug Abuse, the Department of Public Safety, the Traffic Safety Section of the Texas Department of Transportation, and the community justice assistance division of the Texas Department of Criminal Justice designed to rehabilitate persons who have driven while intoxicated.  The Texas Commission on Alcohol and Drug Abuse shall publish the jointly approved rules and shall monitor, coordinate, and provide training to persons providing the educational programs.  The Texas Commission on Alcohol and Drug Abuse is responsible for the administration of the certification of approved educational programs and may charge a nonrefundable application fee for the initial certification of approval and for renewal of a certificate.  The judge may waive the educational program requirement or may grant an extension of time to successfully complete the program that expires not later than one year after the beginning date of the person's community supervision, however, if the defendant by a motion in writing shows good cause.  In determining good cause, the judge may consider but is not limited to:  the defendant's school and work schedule, the defendant's health, the distance that the defendant must travel to attend an educational program, and the fact that the defendant resides out of state, has no valid driver's license, or does not have access to transportation.  The judge shall set out the finding of good cause for waiver in the judgment.  If a defendant is required, as a condition of community supervision, to attend an educational program or if the court waives the educational program requirement, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the person's driving record.  If the court grants an extension of time in which the person may complete the program, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department.  The report must include the beginning date of the person's community supervision.  Upon the person's successful completion of the educational program, the person's instructor shall give notice to the Department of Public Safety for inclusion in the person's driving record and to the community supervision and corrections department.  The community supervision and corrections department shall then forward the notice to the court clerk for filing.  If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program within the period required by this section, as shown on department records, the department shall revoke the defendant's driver's license, permit, or privilege or prohibit the person from obtaining a license or permit, as provided by Sections 521.344(e) and (f), Transportation Code.  The Department of Public Safety may not reinstate a license suspended under this subsection unless the person whose license was suspended makes application to the department for reinstatement of the person's license and pays to the department a reinstatement fee of $100.  The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund.  This subsection does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.
(i)  If a person convicted of an offense under Sections 49.04-49.08, Penal Code, is placed on community supervision, the court may require as a condition of community supervision that the defendant have a device installed, on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator and that the defendant not operate any motor vehicle that is not equipped with that device.  If it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, or if the person is convicted of an offense under Sections 49.04-49.06, Penal Code, and punished under Section 49.09(a) or (b), Penal Code, or of a second or subsequent offense under Section 49.07 or 49.08, Penal Code, and the person after conviction of either offense is placed on community supervision, the court shall require as a condition of community supervision that the defendant have the device installed on the appropriate vehicle and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device.  Before placing on community supervision a person convicted of an offense under Sections 49.04-49.08, Penal Code, the court shall determine from criminal history record information maintained by the Department of Public Safety whether the person has one or more previous convictions under Sections 49.04-49.08, Penal Code, or has one previous conviction under Sections 49.04-49.07, Penal Code, or one previous conviction under Section 49.08, Penal Code.  If it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, or if the court determines that the person has one or more such previous convictions, the court shall require as a condition of community supervision that the defendant have that device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle unless the vehicle is equipped with the device described in this subsection.  The court shall require the defendant to obtain the device at the defendant's own cost before the 30th day after the date of conviction unless the court finds that to do so would not be in the best interest of justice and enters its findings on record.  The court shall require the defendant to provide evidence to the court within the 30-day period that the device has been installed on the appropriate vehicle and order the device to remain installed on that vehicle for a period not less than 50 percent of the supervision period.  If the court determines the offender is unable to pay for the device, the court may impose a reasonable payment schedule not to exceed twice the period of the court's order.  The Department of Public Safety shall approve devices for use under this subsection.  Section 521.247, Transportation Code, applies to the approval of a device under this subsection and the consequences of that approval.  Notwithstanding the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of the person's employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of that driving privilege restriction and if proof of that notification is with the vehicle.  This employment exemption does not apply, however, if the business entity that owns the vehicle is owned or controlled by the person whose driving privilege has been restricted.  A previous conviction may not be used for purposes of restricting a person to the operation of a motor vehicle equipped with an interlock ignition device under this subsection if:
(1)  the previous conviction was a final conviction under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal Code, and was for an offense committed more than 10 years before the instant offense for which the person was convicted and placed on community supervision; and
(2)  the person has not been convicted of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that code, committed within 10 years before the date on which the instant offense for which the person was convicted and placed on community supervision.
(j)  The judge shall require a defendant who is punished under Section 49.09, Penal Code, as a condition of community supervision, to attend and successfully complete an educational program for repeat offenders approved by the Texas Commission on Alcohol and Drug Abuse.  The Texas Commission on Alcohol and Drug Abuse shall adopt rules and shall monitor, coordinate, and provide training to persons providing the educational programs.  The Texas Commission on Alcohol and Drug Abuse is responsible for the administration of the certification of approved educational programs and may charge a nonrefundable application fee for initial certification of approval or for renewal of the certification.  The judge may waive the educational program requirement only if the defendant by a motion in writing shows good cause.  In determining good cause, the judge may consider the defendant's school and work schedule, the defendant's health, the distance that the defendant must travel to attend an educational program, and whether the defendant resides out of state or does not have access to transportation.  The judge shall set out the finding of good cause in the judgment.  If a defendant is required, as a condition of community supervision, to attend an educational program, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record.  The report must include the beginning date of the defendant's community supervision.  On the defendant's successful completion of the educational program for repeat offenders, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department.  The community supervision and corrections department shall then forward the notice to the court clerk for filing. If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program for repeat offenders within the period required by the judge, as shown on department records, the department shall revoke the defendant's driver's license, permit, or privilege or prohibit the defendant from obtaining a license or permit, as provided by Sections 521.344(e) and (f), Transportation Code.
(k)  Notwithstanding Sections 521.344(d)-(i), Transportation Code, if the judge, under Subsection (h) or (j) of this section, permits or requires a defendant punished under Section 49.09, Penal Code, to attend an educational program as a condition of community supervision, or waives the required attendance for such a program, and the defendant has previously been required to attend such a program, or the required attendance at the program had been waived, the judge nonetheless shall order the suspension of the driver's license, permit, or operating privilege of that person for a period determined by the judge according to the following schedule:
(1)  not less than 90 days or more than 365 days, if the defendant is convicted under Sections 49.04-49.08, Penal Code;
(2)  not less than 180 days or more than two years, if the defendant is punished under Section 49.09(a) or (b), Penal Code; or
(3)  not less than one year or more than two years, if the person is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed.
(l)  If the Department of Public Safety receives notice that a defendant has been required or permitted to attend a subsequent educational program under Subsection (h), (j), or (k) of this section, although the previously required attendance had been waived, but the judge has not ordered a period of suspension, the department shall suspend the defendant's driver's license, permit, or operating privilege, or shall issue an order prohibiting the defendant from obtaining a license or permit for a period of 365 days.
(m)  If a judge revokes the community supervision of a defendant for an offense under Section 49.04, Penal Code, or an offense involving the operation of a motor vehicle under Section 49.07, Penal Code, and the driver's license or privilege to operate a motor vehicle has not previously been ordered by the judge to be suspended, or if the suspension was previously probated, the judge shall suspend the license or privilege for a period provided under Subchapter O, Chapter 521, Transportation Code. The suspension shall be reported to the Department of Public Safety as provided under Section 521.347, Transportation Code.
(n)  Notwithstanding any other provision of this section or other law, the judge who places on community supervision a defendant who was younger than 21 years of age at the time of the offense and was convicted for an offense under Sections 49.04-49.08, Penal Code, shall:
(1)  order that the defendant's driver's license be suspended for 90 days beginning on the date that the person is placed on community supervision; and
(2)  require as a condition of community supervision that the defendant not operate a motor vehicle unless the vehicle is equipped with the device described by Subsection (i) of this section.
Community Supervision for Offense Committed Because of Bias or Prejudice

Sec. 13A.  (a)  A court granting community supervision to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 shall require as a term of community supervision that the defendant:
(1)  serve a term of not more than one year imprisonment in the Texas Department of Criminal Justice if the offense is a felony other than an offense under Section 19.02, Penal Code; or
(2)  serve a term of not more than 90 days confinement in jail if the offense is a misdemeanor.
(b)  The court may not grant community supervision on its own motion or on the recommendation of the jury to a defendant convicted of an offense for which the court has made an affirmative finding under Article 42.014 of this code if:
(1)  the offense is murder under Section 19.02, Penal Code; or
(2)  the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014 of this code.
Defendants Placed on Community Supervision for Sexual Offenses Against Children

Sec. 13B.  (a)  If a judge grants community supervision to a defendant described by Subsection (b) and the judge determines that a child as defined by Section 22.011(c), Penal Code, was the victim of the offense, the judge shall establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant:
(1)  not:
(A)  supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or
(B)  go in, on, or within 1,000 feet of a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility; and
(2)  attend psychological counseling sessions for sex offenders with an individual or organization which provides sex offender treatment or counseling as specified by or approved by the judge or the community supervision and corrections department officer supervising the defendant.
(b)  This section applies to a defendant placed on community supervision for an offense:
(1)  under Section 43.25 or 43.26, Penal Code;
(2)  under Section 21.08, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(3)  under Section 20.04(a)(4), Penal Code, if the defendant committed the offense with the intent to violate or abuse the victim sexually; or
(4)  under Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the defendant committed the offense with the intent to commit a felony listed in Subdivision (2) or (3) of this subsection.
(c)  A community supervision and corrections department officer who under Subsection (a)(2) specifies a sex offender treatment provider to provide counseling to a defendant shall contact the provider before the defendant is released, establish the date, time, and place of the first session between the defendant and the provider, and request the provider to immediately notify the officer if the defendant fails to attend the first session or any subsequent scheduled session.
(d)  Notwithstanding Subsection (a)(1), a judge is not required to impose the conditions described by Subsection (a)(1) if the defendant is a student at a primary or secondary school.
(e)  At any time after the imposition of a condition under Subsection (a)(1), the defendant may request the court to modify the child safety zone applicable to the defendant because the zone as created by the court:
(1)  interferes with the ability of the defendant to attend school or hold a job and consequently constitutes an undue hardship for the defendant; or
(2)  is broader than is necessary to protect the public, given the nature and circumstances of the offense.
(f)  A community supervision and corrections department officer supervising a defendant described by Subsection (b) may permit the defendant to enter on an event-by-event basis into the child safety zone from which the defendant is otherwise prohibited from entering if:
(1)  the defendant has served at least two years of the period of community supervision;
(2)  the defendant enters the zone as part of a program to reunite with the defendant's family;
(3)  the defendant presents to the officer a written proposal specifying where the defendant intends to go within the zone, why and with whom the defendant is going, and how the defendant intends to cope with any stressful situations that occur;
(4)  the sex offender treatment provider treating the defendant agrees with the officer that the defendant should be allowed to attend the event; and
(5)  the officer and the treatment provider agree on a chaperon to accompany the defendant and the chaperon agrees to perform that duty.
(g)  Section 10(a) does not prohibit a community supervision and corrections department officer from altering a condition of community supervision by permitting a defendant to enter a child safety zone under Subsection (f).
(h)  In this section, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(i)  Notwithstanding Subsection (a)(1)(B), a requirement that a defendant not go in, on, or within 1,000 feet of certain premises does not apply to a defendant while the defendant is in or going immediately to or from a:
(1)  community supervision and corrections department office;
(2)  premises at which the defendant is participating in a program or activity required as a condition of community supervision;
(3)  residential facility in which the defendant is required to reside as a condition of community supervision, if the facility was in operation as a residence for defendants on community supervision on June 1, 2003; or
(4)  private residence at which the defendant is required to reside as a condition of community supervision.
Community Supervision for Making a Firearm Accessible to a Child

Sec. 13C.  (a)  A court granting community supervision to a defendant convicted of an offense under Section 46.13, Penal Code, may require as a condition of community supervision that the defendant:
(1)  provide an appropriate public service activity designated by the court; or
(2)  attend a firearms safety course which meets or exceeds the requirements set by the National Rifle Association as of January 1, 1995, for a firearms safety course that requires not more than 17 hours of instruction.
(b)  The court shall require the defendant to pay the cost of attending the firearms safety course under Subsection (a)(2).
Defendants Placed on Community Supervision for Violent Offenses; Protecting Children

Sec. 13D.  (a)  If a judge grants community supervision to a defendant convicted of an offense listed in Section 3g(a)(1) or for which the judgment contains an affirmative finding under Section 3g(a)(2), the judge, if the nature of the offense for which the defendant is convicted warrants the establishment of a child safety zone, may establish a child safety zone applicable to the defendant by requiring as a condition of community supervision that the defendant not:
(1)  supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or
(2)  go in or on, or within a distance specified by the judge of, a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility.
(b)  At any time after the imposition of a condition under Subsection (a), the defendant may request the judge to modify the child safety zone applicable to the defendant because the zone as created by the judge:
(1)  interferes with the ability of the defendant to attend school or hold a job and consequently constitutes an undue hardship for the defendant; or
(2)  is broader than is necessary to protect the public, given the nature and circumstances of the offense.
(c)  This section does not apply to a defendant described by Section 13B.
(d)  In this section, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
 
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 755, Sec. 1

 
Sec. 13E.  PROHIBITIONS ON INTERNET ACCESS FOR CERTAIN SEX OFFENDERS.  (a)  This section applies only to a person who is required to register as a sex offender under Chapter 62, by court order or otherwise, and:
(1)  is convicted of or receives a grant of deferred adjudication community supervision for a violation of Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal Code;
(2)  used the Internet or any other type of electronic device used for Internet access to commit the offense or engage in the conduct for which the person is required to register under Chapter 62; or
(3)  is assigned a numeric risk level of three based on an assessment conducted under Article 62.007.
(b)  If the court grants community supervision to a defendant described by Subsection (a), the court as a condition of community supervision shall prohibit the defendant from using the Internet to:
(1)  access material that is obscene as defined by Section 43.21, Penal Code;
(2)  access a commercial social networking site, as defined by Article 62.0061(f);
(3)  communicate with any individual concerning sexual relations with an individual who is younger than 17 years of age; or
(4)  communicate with another individual the defendant knows is younger than 17 years of age.
(c)  The court may modify at any time the condition described by Subsection (b)(4) if:
(1)  the condition interferes with the defendant's ability to attend school or become or remain employed and consequently constitutes an undue hardship for the defendant; or
(2)  the defendant is the parent or guardian of an individual who is younger than 17 years of age and the defendant is not otherwise prohibited from communicating with that individual.
 
Text of section as added by Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 18

 
Sec. 13E.  ELECTRONIC MONITORING OF CERTAIN MEMBERS OF CRIMINAL STREET GANG WHO ARE PLACED ON COMMUNITY SUPERVISION.  (a)  This section applies only to a defendant who:
(1)  is identified as a member of a criminal street gang in an intelligence database established under Chapter 61; and
(2)  has two or more times been previously convicted of, or received a grant of deferred adjudication community supervision or another functionally equivalent form of community supervision or probation for, a felony offense under the laws of this state, another state, or the United States.
(b)  A court granting community supervision to a defendant described by Subsection (a) may, on the defendant's conviction of a felony offense, require as a condition of community supervision that the defendant submit to tracking under an electronic monitoring service or other appropriate technological service designed to track a person's location.
Sec. 13F.  RESTRICTIONS ON OPERATION OF MOTOR VEHICLE FOR DEFENDANTS CONVICTED OF CERTAIN ORGANIZED CRIME OFFENSES.  A court granting community supervision to a defendant convicted of an offense under Chapter 71, Penal Code, may impose as a condition of community supervision restrictions on the defendant's operation of a motor vehicle, including specifying:
(1)  hours during which the defendant may not operate a motor vehicle; and
(2)  locations at or in which the defendant may not operate a motor vehicle.
 
Text of Sec. 14 as amended by Acts 1993, 73rd Leg., ch. 165, Sec. 1; Acts 1999, 76th Leg., ch. 910, Sec. 1; Acts 2003, 78th Leg., ch. 353, Sec. 4, 5; and Acts 2007, 80th Leg., ch. 113, Sec. 1.
 
Child Abusers and Family Violence Offenders; Special Conditions

Sec. 14.  (a)  If the court grants probation to a person convicted of an offense described by Article 17.41(a) of this code, the court may require as a condition of probation that the defendant not directly communicate with the victim of the offense or go near a residence, school, or other location, as specifically described in the copy of terms and conditions, frequented by the victim.  In imposing the condition, the court may grant the defendant supervised access to the victim.  To the extent that a condition imposed under this subsection conflicts with an existing court order granting possession of or access to a child, the condition imposed under this subsection prevails for a period specified by the court granting probation, not to exceed 90 days.
(b)  Repealed by Acts 2003, 78th Leg., ch. 353, Sec. 6.
(c)  If the court grants community supervision to a person convicted of an offense involving family violence, as defined by Section 71.004, Family Code, the court may require the defendant, at the direction of the community supervision and corrections department officer, to:
(1)  attend a battering intervention and prevention program as defined by Article 42.141;
(2)  beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, attend a program or counsel with a provider that has begun the accreditation process described by Subsection (c-1); or
(3)  if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, attend counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence.
(c-1)  Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (c)(1) or (2) must be accredited under Section 4A, Article 42.141, as conforming to program guidelines under that article.
(c-2)  If the court requires the defendant to attend counseling or a program, the court shall require the defendant to begin attendance not later than the 60th day after the date the court grants community supervision, notify the community supervision and corrections department officer of the name, address, and phone number of the counselor or program, and report the defendant's attendance to the officer.  The court shall require the defendant to pay all the reasonable costs of the counseling sessions or attendance in the program on a finding that the defendant is financially able to make payment.  If the court finds the defendant is unable to make payment, the court shall make the counseling sessions or enrollment in the program available without cost to the defendant.  The court may also require the defendant to pay all or a part of the reasonable costs incurred by the victim for counseling made necessary by the offense, on a finding that the defendant is financially able to make payment.  The court may order the defendant to make payments under this subsection for a period not to exceed one year after the date on which the order is entered.
 
Text of Sec. 14 as amended by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01; Acts 1995, 74th Leg., ch. 76, Sec. 3.09; Acts 1995, 74th Leg., ch. 321, Sec. 3.004 and 3.005; Acts 1999, 76th Leg., ch. 1188, Sec. 1.44; Acts 2003, 78th Leg., ch. 209, Sec. 63; and Acts 2003, 78th Leg., ch. 1310, Sec. 2.

 
Substance Abuse Felony Program

Sec. 14.  (a)  If a court places a defendant on community supervision under any provision of this article as an alternative to imprisonment, the judge may require as a condition of community supervision that the defendant serve a term of confinement and treatment in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code.  A term of confinement and treatment imposed under this section must be an indeterminate term of not more than one year or less than 90 days.
(b)  A judge may impose the condition of community supervision created under this section if:
(1)  the judge places the defendant on community supervision under this article;
(2)  the defendant is charged with or convicted of a felony other than:
(A)  a felony under Section 21.11, 22.011, or 22.021, Penal Code; or
(B)  criminal attempt of a felony under Section 21.11, 22.011, or 22.021, Penal Code; and
(3)  the judge makes an affirmative finding that:
(A)  drug or alcohol abuse significantly contributed to the commission of the crime or violation of community supervision; and
(B)  the defendant is a suitable candidate for treatment, as determined by the suitability criteria established by the Texas Board of Criminal Justice under Section 493.009(b), Government Code.
(c)  If a judge requires as a condition of community supervision that the defendant serve a term of confinement and treatment in a substance abuse treatment facility under this section, the judge shall also require as a condition of community supervision that on release from the facility the defendant:
(1)  participate in a drug or alcohol abuse continuum of care treatment plan; and
(2)  pay a fee in an amount established by the judge for residential aftercare required as part of the treatment plan.
(d)  The Texas Commission on Alcohol and Drug Abuse shall develop the continuum of care treatment plan.
 
Text of subsec. (e) as amended by Acts 2003, 78th Leg., ch 1310, Sec. 2.

 
(e)  The clerk of a court that collects a fee imposed under Subsection (c)(2) shall remit the fee to the comptroller not later than the last day of the month following the end of the calendar quarter in which the fee is collected, and the comptroller shall deposit the fee into the general revenue fund.  If the clerk does not collect a fee imposed under Subsection (c)(2), the clerk is not required to file any report required by the comptroller relating to the collection of the fee.  In requiring the payment of a fee under Subsection (c)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated in establishing the amount of the fee.  The judge may not:
(1)  establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or
(2)  require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.
 
Text of subsec. (e) as amended by Acts 2003, 78th Leg., ch. 209, Sec. 63(a)

 
(e)  The clerk of a court that collects a fee imposed under Subsection (c)(2) shall deposit the fee to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code, and the comptroller shall deposit the fee into the general revenue fund.  In requiring the payment of a fee under Subsection (c)(2), the judge shall consider fines, fees, and other necessary expenses for which the defendant is obligated in establishing the amount of the fee.  The judge may not:
(1)  establish the fee in an amount that is greater than 25 percent of the defendant's gross income while the defendant is a participant in residential aftercare; or
(2)  require the defendant to pay the fee at any time other than a time at which the defendant is both employed and a participant in residential aftercare.
Procedures Relating to State Jail Felony Community Supervision

Sec. 15.  (a)  (1)  On conviction of a state jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision, unless the defendant has previously been convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or unless the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, in which event the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed.  The provisions of this subdivision requiring the judge to suspend the imposition of the sentence and place the defendant on community supervision do not apply to a defendant who under Section 481.1151(b)(1), Health and Safety Code, possessed more than five abuse units of the controlled substance or under Section 481.121(b)(3), Health and Safety Code, possessed more than one pound of marihuana.
(2)  On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subdivision (1), the judge may suspend the imposition of the sentence and place the defendant on community supervision or may order the sentence to be executed.
(3)  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.
(b)  The minimum period of community supervision a judge may impose under this section is two years.  The maximum period of community supervision a judge may impose under this section is five years, except that the judge may extend the maximum period of community supervision under this section to not more than 10 years.  A judge may extend a period of community supervision under this section at any time during the period of community supervision, or if a motion for revocation of community supervision is filed before the period of community supervision ends, before the first anniversary of the expiration of the period of community supervision.
(c)(1)  A judge may impose any condition of community supervision on a defendant that the judge could impose on a defendant placed on supervision for an offense other than a state jail felony.
(2)  Except as otherwise provided by Subdivision (3), a judge who places a defendant on community supervision for an offense listed in Subsection (a)(1) shall require the defendant to comply with substance abuse treatment conditions that are consistent with standards adopted by the Texas Board of Criminal Justice under Section 509.015, Government Code.
(3)  A judge is not required to impose conditions described by Subdivision (2) if the judge makes an affirmative finding that the defendant does not require imposition of the conditions to successfully complete the period of community supervision.
(d)  A judge may impose as a condition of community supervision that a defendant submit at the beginning of the period of community supervision to a term of confinement in a state jail felony facility for a term of not less than 90 days or more than 180 days, or a term of not less than 90 days or more than one year if the defendant is convicted of an offense punishable as a state jail felony under Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety Code.  A judge may not require a defendant to submit to both the term of confinement authorized by this subsection and a term of confinement under Section 5 or 12 of this article.  For the purposes of this subsection, a defendant previously has been convicted of a felony regardless of whether the sentence for the previous conviction was actually imposed or was probated and suspended.
(e)  If a defendant violates a condition of community supervision imposed on the defendant under this article and after a hearing under Section 21 of this article the judge modifies the defendant's community supervision, the judge may impose any sanction permitted by Section 22 of this article, except that if the judge requires a defendant to serve a period of confinement in a state jail felony facility as a modification of the defendant's community supervision, the minimum term of confinement is 90 days and the maximum term of confinement is 180 days.
(f)(1)  If a defendant violates a condition of community supervision imposed on the defendant under this article and after a hearing under Section 21 of this article the judge revokes the defendant's community supervision, the judge shall dispose of the case in the manner provided by Section 23 of this article.
(2)  The court retains jurisdiction over the defendant for the period during which the defendant is confined in a state jail.  At any time after the 75th day after the date the defendant is received into the custody of a state jail, the judge on the judge's own motion, on the motion of the attorney representing the state, or on the motion of the defendant may suspend further execution of the sentence and place the defendant on community supervision under the conditions of this section.
(3)  When the defendant or the attorney representing the state files a written motion requesting suspension by the judge of further execution of the sentence and placement of the defendant on community supervision, the clerk of the court, if requested to do so by the judge, shall request a copy of the defendant's record while confined from the facility director of the state jail felony facility in which the defendant is confined or, if the defendant is confined in county jail, from the sheriff.  On receipt of the request, the facility director or the sheriff shall forward to the judge, as soon as possible, a full and complete copy of the defendant's record while confined.  When the defendant files a written motion requesting suspension of further execution of the sentence and placement on community supervision, he shall immediately deliver or cause to be delivered a true and correct copy of the motion to the office of the attorney representing the state.  The judge may deny the motion without a hearing but may not grant the motion without holding a hearing and providing the attorney representing the state and the defendant the opportunity to present evidence on the motion.
(g)  The facility director of a state jail felony facility shall report to a judge who orders a defendant confined in the facility as a condition of community supervision or as sanction imposed as a modification of community supervision under Subsection (e) not less than every 90 days on the defendant's programmatic progress, conduct, and conformity to the rules of the facility.
(h)(1)  A defendant confined in a state jail felony facility does not earn good conduct time for time served in the facility.
(2)  A judge:
(A)  may credit against any time a defendant is required to serve in a state jail felony facility time served by the defendant in a county jail from the time of the defendant's arrest and confinement until sentencing by the trial court; and
(B)  shall credit against any time a defendant is required to serve in a state jail felony facility time served by the defendant in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or other court-ordered residential program or facility as a condition of deferred adjudication community supervision before sentencing, but only if the defendant successfully completes the treatment program in that facility.
(3)  A judge shall credit against any time a defendant is subsequently required to serve in a state jail felony facility after revocation of community supervision any time served after sentencing by the defendant:
(A)  in a state jail felony facility; or
(B)  in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or another court-ordered residential program or facility if the defendant successfully completes the treatment program in that facility.
 
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 7

 
(i)  If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medically suitable placement if the judge determines that the defendant does not constitute a threat to public safety and the Texas Correctional Office on Offenders with Medical or Mental Impairments:
(1)  in coordination with the Correctional Managed Health Care Committee prepares a case summary and medical report that identifies the defendant as being elderly, physically disabled, mentally ill, terminally ill, or mentally retarded or having a condition requiring long-term care; and
(2)  in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision and continuity of care plan that:
(A)  ensures appropriate supervision of the defendant by the community supervision and corrections department; and
(B)  requires the defendant to remain under the care of a physician at and reside in a medically suitable placement.
 
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 617, Sec. 1

 
(i)  If a defendant is convicted of a state jail felony and the sentence is executed, the judge sentencing the defendant may release the defendant to a medical care facility or medical treatment program if the Texas Correctional Office on Offenders with Medical or Mental Impairments:
(1)  identifies the defendant as being elderly, physically disabled, mentally ill, terminally ill, or mentally retarded or having a condition requiring long-term care; and
(2)  in cooperation with the community supervision and corrections department serving the sentencing court, prepares for the defendant a medically recommended intensive supervision plan that:
(A)  ensures appropriate supervision of the defendant; and
(B)  requires the defendant to remain under the care of a physician at the facility or in the program.
 
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 7

 
(j)  The Texas Correctional Office on Offenders with Medical or Mental Impairments shall submit to a judge who releases a defendant to an appropriate medical care facility under Subsection (i) a quarterly status report concerning the defendant's medical and treatment status.
 
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 617, Sec. 1

 
(j)  If a defendant released to a medical care facility or medical treatment program under Subsection (i) violates the terms of that release, the judge may dispose of the matter as provided by Subsections (e) and (f)(1).
(k)  If a defendant released to a medically suitable placement under Subsection (i) violates the terms of that release, the judge may dispose of the matter as provided by Subsections (e) and (f)(1).
Enhanced Disorderly Conduct and Public Intoxication Offenses

Sec. 15A.  On conviction of an offense for which punishment is enhanced under Section 12.43(c), Penal Code, the court may suspend the imposition of the sentence and place the defendant on community supervision if the court finds that the defendant would benefit from community supervision and enters its finding on the record.  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.  All provisions of this article applying to a defendant placed on community supervision for a misdemeanor apply to a defendant placed on community supervision under this section, except that the court shall require the defendant as a condition of community supervision to:
(1)  submit to diagnostic testing for addiction to alcohol or a controlled substance or drug;
(2)  submit to a psychological assessment;
(3)  if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and
(4)  pay the costs of testing, assessment, and treatment or education, either directly or as a court cost.
Community Service

Sec. 16.  (a)  A judge may require as a condition of community supervision that the defendant work a specified number of hours at a community service project or projects for an organization or organizations approved by the judge and designated by the department.  The judge may not require that a defendant work at a community service project if the judge determines and notes on the order placing the defendant on community supervision that:
(1)  the defendant is physically or mentally incapable of participating in the project;
(2)  participating in the project will work a hardship on the defendant or the defendant's dependents;
(3)  the defendant is to be confined in a substance abuse punishment facility as a condition of community supervision; or
(4)  there is other good cause shown.
(b)  The amount of community service work ordered by the judge:
(1)  may not exceed 1,000 hours for an offense classified as a first degree felony;
(2)  may not exceed 800 hours for an offense classified as a second degree felony;
(3)  may not exceed 600 hours for an offense classified as a third degree felony;
(4)  may not exceed 400 hours for an offense classified as a state jail felony;
(5)  may not:
(A)  exceed 600 hours for an offense under Section 30.04, Penal Code, classified as a Class A misdemeanor; or
(B)  exceed 200 hours for any other offense classified as a Class A misdemeanor or for any other misdemeanor for which the maximum permissible confinement, if any, exceeds six months or the maximum permissible fine, if any, exceeds $4,000; and
(6)  may not exceed 100 hours for an offense classified as a Class B misdemeanor or for any other misdemeanor for which the maximum permissible confinement, if any, does not exceed six months and the maximum permissible fine, if any, does not exceed $4,000.
(c)  A defendant required to perform community service under this section is not a state employee for the purposes of Article 8309g or 8309h, Revised Statutes.
(d)  If the court makes an affirmative finding under Article 42.014 of this code, the judge may order the defendant to perform community service under this section at a project designated by the judge that primarily serves the person or group who was the target of the defendant.  If the judge orders community service under this subsection the judge shall order the defendant to perform not less than:
(1)  100 hours of service if the offense is a misdemeanor; or
(2)  300 hours of service if the offense is a felony.
(e)  A defendant required to perform community service under this section after conviction of an offense under Section 352.082, Local Government Code, shall perform 60 hours of service.  The community service must consist of picking up litter in the county in which the defendant resides or working at a recycling facility if a program for performing that type of service is available in the community in which the court is located.
(f)  In lieu of requiring a defendant to work a specified number of hours at a community service project or projects under Subsection (a), the judge may order a defendant to make a specified donation to a nonprofit food bank or food pantry in the community in which the defendant resides.
Change of Residence; Leaving the State

Sec. 17.  (a)  If, for good and sufficient reasons, a defendant desires to change his residence within the state, the change may be effected by application to the supervising supervision officer, which change shall be subject to the judge's consent and subject to such regulations as the judge may require in the absence of an officer in the locality to which the defendant is transferred.
(b)  Any defendant who removes himself from the state without permission of the judge having jurisdiction of the case shall be considered a fugitive from justice and shall be subject to extradition as provided by law.
Community Corrections Facilities

Sec. 18.  (a)  In this section, "community corrections facility" has the meaning assigned by Section 509.001, Government Code.
(b)  If a judge requires as a condition of community supervision or participation in a drug court program established under Chapter 469, Health and Safety Code, that the defendant serve a term in a community corrections facility, the term may not be more than 24 months.
(c)  A defendant granted community supervision under this section may not earn good conduct credit for time spent in a community corrections facility or apply time spent in the facility toward completion of a prison sentence if the community supervision is revoked.
(d)  As directed by the judge, the community corrections facility director shall file with the community supervision and corrections department director or administrator of a drug court program, as applicable, a copy of an evaluation made by the facility director of the defendant's behavior and attitude at the facility.  The community supervision and corrections department director or program administrator shall examine the evaluation, make written comments on the evaluation that the director or administrator considers relevant, and file the evaluation and comments with the judge who granted community supervision to the defendant or placed the defendant in a drug court program.  If the evaluation indicates that the defendant has made significant progress toward compliance with court-ordered conditions of community supervision or objectives of placement in the drug court program, as applicable, the court may release the defendant from the community corrections facility.  A defendant who served a term in the facility as a condition of community supervision shall serve the remainder of the defendant's community supervision under any terms and conditions the court imposes under this article.
(e)  No later than 18 months after the date on which a defendant is granted community supervision under this section, the community corrections facility director shall file with the community supervision and corrections department director a copy of an evaluation made by the director of the defendant's behavior and attitude at the center.  The director shall examine the evaluation, make written comments on the evaluation that he considers relevant, and file the evaluation and comments with the judge who granted community supervision to the defendant.  If the report indicates that the defendant has made significant progress toward court-ordered conditions of community supervision, the judge shall modify the judge's sentence and release the defendant in the same manner as provided by Subsection (d) of this section.  If the report indicates that the defendant would benefit from continued participation in the community corrections facility program, the judge may order the defendant to remain at the community corrections facility for a period determined by the judge.  If the report indicates that the defendant has not made significant progress toward rehabilitation, the judge may revoke community supervision and order the defendant to the term of confinement specified in the defendant's sentence.
(f)  If ordered by the judge who placed the defendant on community supervision, a community corrections facility director shall attempt to place a defendant as a worker in a community-service project of a type described by Section 16 of this article.
(g)  A defendant participating in a program under this article shall be confined in the community corrections facility at all times except for:
(1)  time spent attending and traveling to and from an education or rehabilitation program as ordered by the court;
(2)  time spent attending and traveling to and from a community-service project;
(3)  time spent away from the facility for purposes described by this section; and
(4)  time spent traveling to and from work, if applicable.
(h)  A judge that requires as a condition of community supervision that the defendant serve a term in a community corrections facility may not impose a subsequent term in a community corrections facility or jail during the same supervision period that, when added to the terms previously imposed, exceeds 36 months.
(i)  If a judge who places a defendant on community supervision under this section does not require the defendant to deliver the defendant's salary to the restitution center director, the employer of the defendant shall deliver the salary to the director.  The director shall deposit the salary into a fund to be given to the defendant on release after deducting:
(1)  the cost to the center for the defendant's food, housing, and supervision;
(2)  necessary travel expense to and from work and community-service projects and other incidental expenses of the defendant;
(3)  support of the defendant's dependents;  and
(4)  restitution to the victims of an offense committed by the defendant.
Fees

Sec. 19.  (a)  Except as otherwise provided by this subsection, a judge granting community supervision shall fix a fee of not less than $25 and not more than $60 per month to be paid during the period of community supervision by the defendant to the court of original jurisdiction or, in the case of an intrastate transfer described by Section 10(b) of this article, to the court to which jurisdiction of the defendant's case is transferred.  The judge may make payment of the fee a condition of granting or continuing the community supervision.  The judge may waive or reduce the fee or suspend a monthly payment of the fee if the judge determines that payment of the fee would cause the defendant a significant financial hardship.
(b)  A judge shall deposit any fee received under Subsection (a) of this section in the special fund of the county treasury, to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.
(c)  A judge receiving a defendant for supervision as authorized by Article 42.11 of this code may impose on the defendant any term of community supervision authorized by this article and may require the defendant to pay the fee authorized by Subsection (a) of this section.  Fees received under this section shall be deposited in the same manner as required by Subsection (b) of this section.
(d)  For the purpose of determining when fees due on conviction are to be paid to any officer or officers, the placing of the defendant on community supervision shall be considered a final disposition of the case, without the necessity of waiting for the termination of the period of community supervision.
(e)  If the judge grants community supervision to a defendant convicted of an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, the judge shall require as a condition of community supervision that the defendant pay to the community corrections and supervision department officer supervising the defendant a community supervision fee of $5 each month during the period of community supervision. The fee is in addition to court costs or any other fee imposed on the defendant.
 
Text of subsec. (f) as amended by Acts 2003, 78th Leg., ch. 1310, Sec.  3

 
(f)  A community corrections and supervision department shall remit fees collected under Subsection (e) of this section to the comptroller not later than the last day of the month following the end of the calendar quarter in which the fee is collected.  The comptroller shall deposit the fee in the special revenue fund to the credit of the sexual assault program fund established under Section 44.0061, Health and Safety Code.  If the department does not collect a fee imposed under Subsection (e), the department is not required to file any report required by the comptroller relating to the collection of the fee.
 
Text of subsec. (f) as amended by Acts 2003, 78th Leg., ch. 209, Sec. 64(a)

 
(f)  A community corrections and supervision department shall deposit the fees collected under Subsection (e) of this section to be sent to the comptroller as provided by Subchapter B, Chapter 133, Local Government Code.  The comptroller shall deposit the fee in the sexual assault program fund under Section 420.008, Government Code.
(g)  A court to which jurisdiction of a defendant's case is transferred under Section 10(b) of this article shall enter an order directing the defendant to pay the monthly fee described by Subsection (a) of this section to that court in lieu of paying the monthly fee to the court of original jurisdiction.  To the extent of any conflict between an order issued under this subsection and an order issued by a court of original jurisdiction, the order entered under this subsection prevails.
Sec. 20.  REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION.  (a)  At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge.  On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant is delinquent in paying required restitution, fines, costs, or fees that the defendant has the ability to pay or the defendant has not completed court-ordered counseling or treatment.  Before conducting the review, the judge shall notify the attorney representing the state and the defendant.  If the judge determines that the defendant has failed to satisfactorily fulfill the conditions of community supervision, the judge shall advise the defendant in writing of the requirements for satisfactorily fulfilling those conditions.  Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant.  If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw the defendant's plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which the defendant has been convicted or to which the defendant has pleaded guilty, except that:
(1)  proof of the conviction or plea of guilty shall be made known to the judge should the defendant again be convicted of any criminal offense; and
(2)  if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Health and Human Services Commission may consider the fact that the defendant previously has received community supervision under this article in issuing, renewing, denying, or revoking a license under that chapter.
(b)  This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62, or a defendant convicted of a felony described by Section 3g.
Violation of Community Supervision:  Detention and Hearing

Sec. 21.  (a)  At any time during the period of community supervision the judge may issue a warrant for violation of any of the conditions of the community supervision and cause a defendant convicted under Section 43.02, Penal Code, or under Chapter 481, Health and Safety Code, or Sections 485.031 through 485.035, Health and Safety Code, or placed on deferred adjudication after being charged with one of those offenses, to be subject to the control measures of Section 81.083, Health and Safety Code, and to the court-ordered-management provisions of Subchapter G, Chapter 81, Health and Safety Code.
(b)  At any time during the period of community supervision the judge may issue a warrant for violation of any of the conditions of the community supervision and cause the defendant to be arrested.  Any supervision officer, police officer or other officer with power of arrest may arrest such defendant with or without a warrant upon the order of the judge to be noted on the docket of the court.  A defendant so arrested may be detained in the county jail or other appropriate place of confinement until he can be taken before the judge. Such officer shall forthwith report such arrest and detention to such judge.  If the defendant has not been released on bail, on motion by the defendant the judge shall cause the defendant to be brought before the judge for a hearing within 20 days of filing of said motion, and after a hearing without a jury, may either continue, extend, modify, or revoke the community supervision.  A judge may revoke the community supervision of a defendant who is imprisoned in a penal institution without a hearing if the defendant in writing before a court of record in the jurisdiction where imprisoned waives his right to a hearing and to counsel, affirms that he has nothing to say as to why sentence should not be pronounced against him, and requests the judge to revoke community supervision and to pronounce sentence.  In a felony case, the state may amend the motion to revoke community supervision any time up to seven days before the date of the revocation hearing, after which time the motion may not be amended except for good cause shown, and in no event may the state amend the motion after the commencement of taking evidence at the hearing.  The judge may continue the hearing for good cause shown by either the defendant or the state.
(c)  In a community supervision revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge.  The court may order a community supervision and corrections department to obtain information pertaining to the factors listed under Article 42.037(h) of this code and include that information in the report required under Section 9(a) of this article or a separate report, as the court directs.
(d)  A defendant has a right to counsel at a hearing under this section.
(e)  A court retains jurisdiction to hold a hearing under Subsection (b) and to revoke, continue, or modify community supervision, regardless of whether the period of community supervision imposed on the defendant has expired, if before the expiration the attorney representing the state files a motion to revoke, continue, or modify community supervision and a capias is issued for the arrest of the defendant.
Continuation or Modification

Sec. 22.  (a)  If after a hearing under Section 21 of this article a judge continues or modifies community supervision after determining that the defendant violated a condition of community supervision, the judge may impose any other conditions the judge determines are appropriate, including:
(1)  a requirement that the defendant perform community service for a number of hours specified by the court under Section 16 of this article, or an increase in the number of hours that the defendant has previously been required to perform under those sections in an amount not to exceed double the number of hours permitted by Section 16;
(2)  an increase in the period of community supervision, in the manner described by Subsection (c) of this section;
(3)  an increase in the defendant's fine, in the manner described by Subsection (d) of this section; or
(4)  the placement of the defendant in a substance abuse felony punishment program operated under Section 493.009, Government Code, if:
(A)  the defendant is convicted of a felony other than:
(i)  a felony under Section 21.11, 22.011, or 22.021, Penal Code; or
(ii)  criminal attempt of a felony under Section 21.11, 22.011, or 22.021, Penal Code; and
(B)  the judge makes an affirmative finding that:
(i)  drug or alcohol abuse significantly contributed to the commission of the crime or violation of community supervision; and
(ii)  the defendant is a suitable candidate for treatment, as determined by the suitability criteria established by the Texas Board of Criminal Justice under Section 493.009(b), Government Code.
(b)  If the judge imposes a sanction under Subsection (a)(4) of this section, the judge shall also impose a condition requiring the defendant on successful completion of the program to participate in a drug or alcohol abuse continuum of care program.
(c)  The judge may extend a period of community supervision on a showing of good cause under this section as often as the judge determines is necessary, but the period of community supervision in a first, second, or third degree felony case may not exceed 10 years and, except as otherwise provided by this subsection, the period of community supervision in a misdemeanor case may not exceed three years.  The judge may extend the period of community supervision in a misdemeanor case for any period the judge determines is necessary, not to exceed an additional two years beyond the three-year limit, if the defendant fails to pay a previously assessed fine, costs, or restitution and the judge determines that extending the period of supervision increases the likelihood that the defendant will fully pay the fine, costs, or restitution.  A court may extend a period of community supervision under this section at any time during the period of supervision or, if a motion for revocation of community supervision is filed before the period of supervision ends, before the first anniversary of the date on which the period of supervision expires.
(d)  A judge may impose a sanction on a defendant described by Subsection (a)(3) of this section by increasing the fine imposed on the defendant.  The original fine imposed on the defendant and an increase in the fine imposed under this subsection may not exceed the maximum fine for the offense for which the defendant was sentenced.  The judge shall deposit money received from an increase in the defendant's fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.
Extending Supervision Period for Sex Offenders

Sec. 22A.  (a)  If a defendant is placed on community supervision after receiving a grant of deferred adjudication for or being convicted of an offense under Section 21.11, 22.011, or 22.021, Penal Code, at any time during the period of community supervision, the judge may extend the period of community supervision as provided by this section.
(b)  If at a hearing at which the defendant is provided the same rights as are provided a defendant at a hearing under Section 21 the judge determines that the defendant has not sufficiently demonstrated a commitment to avoid future criminal behavior and that the release of the defendant from supervision would endanger the public, the judge may extend the period of supervision for a period not to exceed 10 additional years.
(c)  A judge may extend a period of community supervision under this section only once; however, the judge may extend a period of community supervision for a defendant under both Section 22(c) and this section, and the prohibition in Section 22(c) against a period of community supervision in a felony case exceeding 10 years does not apply to a defendant for whom community supervision is increased under this section or under both Section 22(c) and this section.
Revocation

Sec. 23.  (a)  If community supervision is revoked after a hearing under Section 21 of this article, the judge may proceed to dispose of the case as if there had been no community supervision, or if the judge determines that the best interests of society and the defendant would be served by a shorter term of confinement, reduce the term of confinement originally assessed to any term of confinement not less than the minimum prescribed for the offense of which the defendant was convicted.  The judge shall enter the amount of restitution or reparation owed by the defendant on the date of revocation in the judgment in the case.
(b)  No part of the time that the defendant is on community supervision shall be considered as any part of the time that he shall be sentenced to serve, except that on revocation, the judge shall credit to the defendant time served by the defendant as a condition of community supervision in a substance abuse treatment facility operated by the Texas Department of Criminal Justice under Section 493.009, Government Code, or another court-ordered residential program or facility, but only if the defendant successfully completes the treatment program in that facility.  The right of the defendant to appeal for a review of the conviction and punishment, as provided by law, shall be accorded the defendant at the time he is placed on community supervision.  When he is notified that his community supervision is revoked for violation of the conditions of community supervision and he is called on to serve a sentence in a jail or in the Texas Department of Criminal Justice, he may appeal the revocation.
Due Diligence Defense

Sec. 24.  For the purposes of a hearing under Section 5(b) or 21(b), it is an affirmative defense to revocation for an alleged failure to report to a supervision officer as directed or to remain within a specified place that a supervision officer, peace officer, or other officer with the power of arrest under a warrant issued by a judge for that alleged violation failed to contact or attempt to contact the defendant in person at the defendant's last known residence address or last known employment address, as reflected in the files of the department serving the county in which the order of community supervision was entered.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1744, ch. 659, Sec. 29, eff. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 568, ch. 241, Sec. 1, eff. Aug. 27, 1973; Acts 1973, 63rd Leg., p. 1235, ch. 447, Sec. 1, eff. June 14, 1973; Acts 1973, 63rd Leg., p. 1269, ch. 464, Sec. 1, eff. June 14, 1973; Acts 1975, 64th Leg., p. 263, ch. 110, Sec. 1, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 572, ch. 231, Sec. 1, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 909, ch. 341, Sec. 4, eff. June 19, 1975; Acts 1975, 64th Leg., p. 1243, ch. 467, Sec. 1, eff. June 19, 1975; Acts 1975, 64th Leg., p. 1244, ch. 468, Sec. 1, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 2150, ch. 692, Sec. 1, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 38, ch. 22, Sec. 1, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 102, ch. 47, Sec. 1, eff. April 5, 1977; Acts 1977, 65th Leg., p. 821, ch. 306, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 909, ch. 342, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 914, ch. 343, Sec. 2, eff. Sept. 1, 1978; Acts 1977, 65th Leg., p. 925, ch. 347, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1058, ch. 388, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1850, ch. 735, Sec. 2.133, eff. Aug. 29, 1977.
      
Sec. 6 amended by Acts 1979, 66th Leg., p. 1338, ch. 605, Sec. 4, eff. Aug. 27, 1979; Secs. 6a(b), 10 amended by Acts 1979, 66th Leg., p. 1336, ch. 605, Sec. 1, 2, eff. Aug. 27, 1979; Sec. 8(a) amended by Acts 1979, 66th Leg., p. 265, ch. 139, Sec. 1, eff. Aug. 27, 1979; Sec. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 141, Sec. 2, eff. Sept. 1, 1981; Sec. 3a amended by Acts 1981, 67th Leg., p. 2466, ch. 639, Sec. 2, eff. Sept. 1, 1981; Sec. 3d(a) amended by Acts 1981, 67th Leg., p. 2263, ch. 544, Sec. 1, eff. Sept. 1, 1981; Sec. 3e(a) amended by Acts 1981, 67th Leg., p. 154, ch. 69, Sec. 1, eff. Sept. 1, 1981; Sec. 3e(b) amended by Acts 1981, 67th Leg., p. 154, ch. 69, Sec. 2, eff. Sept. 1, 1981; Sec. 3e(c) added by Acts 1981, 67th Leg., p. 154, ch. 69, Sec. 3, eff. Sept. 1, 1981; Sec. 3f(c) added by Acts 1981, 67th Leg., p. 707, ch. 268, Sec. 16, eff. Sept. 1, 1981; Sec. 3f(c) added by Acts 1981, 67th Leg., p. 741, ch. 276, Sec. 3, eff. Sept. 1, 1981; Sec. 5 amended by Acts 1981, 67th Leg., p. 155, ch. 69, Sec. 4, eff. Sept. 1, 1981; Sec. 8(b) amended by Acts 1981, 67th Leg., p. 811, ch. 291, Sec. 118, eff. Sept. 1, 1981; Sec. 8(c) amended by Acts 1981, 67th Leg., p. 2246, ch. 538, Sec. 1, 2, eff. June 12, 1981; Sec. 10A added by Acts 1981, 67th Leg., p. 2464, ch. 638, Sec. 1, eff. Sept. 1, 1981; Sec. 13 amended by Acts 1981, 67th Leg., p. 354, ch. 141, Sec. 3, eff. Sept. 1, 1981; Sec. 14A amended by Acts 1981, 67th Leg., p. 354, ch. 141, Sec. 4, eff. Sept. 1, 1981; Sec. 15(f), (g) amended, Sec. 15(h) to (j) added and Sec. 15(k), (l) relettered from Sec. 15(h), (i) and amended by Acts 1981, 67th Leg., p. 355, ch. 141, Sec. 5, eff. Sept. 1, 1981; Secs. 28 to 30 amended by Acts 1981, 67th Leg., p. 356, ch. 141, Sec. 6 to 8, eff. Sept. 1, 1981; Sec. 32 amended by Acts 1981, 67th Leg., p. 357, ch. 141, Sec. 9, eff. Sept. 1, 1981; Sec. 1 amended by Acts 1983, 68th Leg., p. 974, ch. 232, Sec. 1; Sec. 3d(a), (d) amended by Acts 1983, 68th Leg., p. 1587, ch. 303, Sec. 8, eff. Jan. 1, 1984; Secs. 3e(a), 3f(a) amended by Acts 1983, 68th Leg., p. 5319, ch. 977, Sec. 9, 10, eff. Sept. 1, 1983; Sec. 3f(c) amended by Acts 1983, 68th Leg., p. 2415, ch. 425, Sec. 25, eff. Aug. 29, 1983; Sec. 4 amended by Acts 1983, 68th Leg., p. 1587, ch. 303, Sec. 9, eff. Jan. 1, 1984; Acts 1983, 68th Leg., p. 1790, ch. 343, Sec. 1, eff. Aug. 29, 1983; Sec. 6 amended by Acts 1983, 68th Leg., p. 1056, ch. 237, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 4669, ch. 811, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 1588, ch. 303, Sec. 10, eff. Jan. 1, 1984; Sec. 6b amended by Acts 1983, 68th Leg., p. 1590, ch. 303, Sec. 11, eff. Jan. 1, 1984; Sec. 6c added by Acts 1983, 68th Leg., p. 1057, ch. 237, Sec. 2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 1711, ch. 325, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4877, ch. 863, Sec. 1, 2, eff. Aug. 29, 1983; Sec. 7 amended by Acts 1983, 68th Leg., p. 1591, ch. 303, Sec. 12, eff. Jan. 1, 1984; Secs. 8(a), 10(a), (b) amended by Acts 1983, 68th Leg., p. 1061, ch. 237, Sec. 3, 4, eff. Aug. 29, 1983; Sec. 10(a) amended by Acts 1983, 68th Leg., p. 4572, ch. 762, Sec. 1, eff. Aug. 29, 1983; Sec. 10(g) amended by Acts 1983, 68th Leg., p. 4535, ch. 747, Sec. 1, eff. June 19, 1983; Acts 1983, 68th Leg., p. 5003, ch. 897, Sec. 1, eff. Aug. 29, 1983; Sec. 10(j) added by Acts 1983, 68th Leg., p. 2038, ch. 372, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 4535, ch. 747, Sec. 1, eff. June 19, 1983; Sec. 10(j) to (n) added by Acts 1983, 68th Leg., p. 5003, ch. 897, Sec. 1, eff. Aug. 29, 1983; Sec. 10A(a) amended by Acts 1983, 68th Leg., p. 1592, ch. 303, Sec. 13, eff. Jan. 1, 1984.
      
Sec. 12 amended by Acts 1983, 68th Leg., p. 148, ch. 40, Sec. 2, eff. April 26, 1983; Acts 1983, 68th Leg., p. 974, ch. 232, Sec. 1; Sec. 14A(c) amended by Acts 1983, 68th Leg., p. 976, ch. 232, Sec. 2; Sec. 15(a) amended by Acts 1983, 68th Leg., p. 149, ch. 40, Sec. 3, eff. April 26, 1983; Acts 1983, 68th Leg., p. 976, ch. 232, Sec. 3; Sec. 15(m) added by Acts 1983, 68th Leg., p. 3193, ch. 548, Sec. 2, eff. June 19, 1983; Sec. 21(a) amended by Acts 1983, 68th Leg., p. 977, ch. 232, Sec. 4; Sec. 22 amended by Acts 1983, 68th Leg., p. 977, ch. 232, Sec. 5; Sec. 32 amended by Acts 1983, 68th Leg., p. 3194, ch. 548, Sec. 3, eff. June 19, 1983.  Amended by Acts 1985, 69th Leg., ch. 427, Sec. 1, eff. Sept. 1, 1985.  Sec. 6 amended by Acts 1985, 69th Leg., ch. 595, Sec. 2, eff. Sept. 1, 1985; Sec. 6(a) amended by Acts 1985, 69th Leg., ch. 554, Sec. 1, eff. Aug. 26, 1985; Sec. 6a(a) amended by Acts 1985, 69th Leg., ch. 239, Sec. 24, eff. Sept. 1, 1985; Sec. 6b(b) amended by Acts 1985, 69th Leg., ch. 632, Sec. 13, eff. Sept. 1, 1985; Sec. 6c(a) amended by Acts 1985, 69th Leg., ch. 255, Sec. 1, eff. June 4, 1985; Sec. 6d added by Acts 1985, 69th Leg., ch. 727, Sec. 1, eff. Jan. 1, 1986; Sec. 10(j) amended by Acts 1985, 69th Leg., ch. 801, Sec. 1, eff. Aug. 26, 1985; Sec. 10(o) added by Acts 1985, 69th Leg., ch. 956, Sec. 1, eff. June 16, 1985; Sec. 12a amended by Acts 1985, 69th Leg., ch. 479, Sec. 163, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729, Sec. 5, eff. Sept. 1, 1985; Sec. 15(f) amended by Acts 1985, 69th Leg., ch. 588, Sec. 3, eff. Sept. 1, 1985; Sec. 15(g) amended by Acts 1985, 69th Leg., ch. 481, Sec. 1, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 554, Sec. 2, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 595, Sec. 3, eff. Sept. 1, 1985; Sec. 15(n) added by Acts 1985, 69th Leg., ch. 239, Sec. 80(a), eff. Sept. 1, 1985; Sec. 21(a) amended by Acts 1985, 69th Leg., ch. 714, Sec. 1, eff. Aug. 26, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch. 714, Sec. 2, eff. Aug. 26, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch. 508, Sec. 1, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 714, Sec. 12, eff. Aug. 26, 1985; Sec. 3d(d) amended by Acts 1987, 70th Leg., ch. 922, Sec. 4, eff. Sept. 1, 1987; Sec. 3h amended by Acts 1987, 70th Leg., ch. 1049, Sec. 54, eff. Sept. 1, 1987; ; Sec. 4(h) amended by Acts 1987, 70th Leg., ch. 507, Sec. 1, eff. Sept. 1, 1987; Sec. 6(a) amended by Acts 1987, 70th Leg., ch. 1, Sec. 4, eff. Feb. 20, 1987; Acts 1987, 70th Leg., ch. 939, Sec. 2, eff. Sept. 1, 1987; Sec. 6(b) amended by Acts 1987, 70th Leg., ch. 939, Sec. 3, eff. Sept. 1, 1987; Sec. 6(e) added by Acts 1987, 70th Leg., ch. 939, Sec. 4, eff. Sept. 1, 1987; Sec. 6(f) added by Acts 1987, 70th Leg., ch. 930, Sec. 1, eff. Sept. 1, 1987; Sec. 6a(a) amended by Acts 1987, 70th Leg., ch. 939, Sec. 5, eff. Sept. 1, 1987; Sec. 6b(g) added by Acts 1987, 70th Leg., ch. 507, Sec. 2, eff. Sept. 1, 1987; Sec. 6d amended by Acts 1987, 70th Leg., ch. 473, Sec. 3, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 928, Sec. 1, eff. Sept. 1, 1987; Sec. 6e amended by Acts 1987, 70th Leg., ch. 939, Sec. 6, eff. Sept. 1, 1987; Sec. 6f added by Acts 1987, 70th Leg., ch. 1, Sec. 5, eff. Feb. 20, 1987; amended by Acts 1987, 70th Leg., ch. 473, Sec. 3, eff. Sept. 1, 1987; Sec. 6g added by Acts 1987, 70th Leg., ch. 939, Sec. 7, eff. Sept. 1, 1987; Sec. 8(a) amended by Acts 1987, 70th Leg., ch. 939, Sec. 8, eff. Sept. 1, 1987; Sec. 8(d) added by Acts 1987, 70th Leg., ch. 1, Sec. 6, eff. Feb. 20, 1987; Sec. 10(a), (b), (d), (l), (p), amended by and Subsec. (q) added by Acts 1987, 70th Leg., ch. 939, Sec. 9, eff. Sept. 1, 1987; Sec. 10(o) amended by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(8), eff. Sept. 1, 1987; Secs. 12a, 15(f), (g), (n), 21, 22 amended by Acts 1987, 70th Leg., ch. 1101, Sec. 16, eff. Sept. 1, 1987.
      
Sec. 15(f)(2) amended by Acts 1987, 70th Leg., ch. 441, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.17, eff. Sept. 1, 1989.  Sec. 3a(a) amended by Acts 1989, 71st Leg., 1st C.S., ch. 8, Sec. 1, eff. Oct. 18, 1989; Sec. 3d(c) amended by Acts 1989, 71st Leg., ch. 679, Sec. 1, eff. Sept. 1, 1989; Sec. 3d(d) amended by Acts 1989, 71st Leg., ch. 236, Sec. 11, eff. April 1, 1990; Sec. 6(a), (g) amended by Acts 1989, 71st Leg., ch. 260, Sec. 1, eff. Sept. 1, 1989; Sec. 6(e), (h) amended by Acts 1989, 71st Leg., ch. 86, Sec. 1, eff. Aug. 28, 1989; Sec. 6(f) amended by and (g), (h) added by Acts 1989, 71st Leg., ch. 1195, Sec. 9, eff. Sept. 1, 1989; Sec. 6(g) added by Acts 1989, 71st Leg., 1st C.S., ch. 6, Sec. 1, eff. Jan. 1, 1990; Sec. 6c(a), (b), (c) amended by Acts 1989, 71st Leg., ch. 111, Sec. 1, eff. Sept. 1, 1989; Sec. 6g(a), (b) amended by Acts 1989, 71st Leg., ch. 1040, Sec. 5, eff. Aug. 28, 1989; Sec. 6g(d) added by Acts 1989, 71st Leg., ch. 1040, Sec. 5, eff. Aug. 28, 1989; Sec. 6h relettered from Sec. 6f by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(9), eff. Aug. 28, 1989; Sec. 6i relettered from Sec. 6f(b) by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(10), eff. Aug. 28, 1989; Sec. 7 amended by Acts 1989, 71st Leg., ch. 679, Sec. 2, eff. Sept. 1, 1989; Sec. 8(a) amended by Acts 1989, 71st Leg., ch. 191, Sec. 1, eff. May 26, 1989; Sec. 8(a) amended by Acts 1989, 71st Leg., ch. 1195, Sec. 10, eff. Sept. 1, 1989; Sec. 10(j-1) added by Acts 1989, 71st Leg., ch. 2, Sec. 5.02(a), eff. Aug. 28, 1989; Sec. 10(j-2) added by Acts 1989, 71st Leg., ch. 2, Sec. 8.11(c), eff. Aug. 28, 1989; Sec. 10(j-3) added by Acts 1989, 71st Leg., ch. 1135, Sec. 5, eff. Aug. 28, 1989; Sec. 10A(j) amended by Acts 1989, 71st Leg., ch. 679, Sec. 3, eff. Sept. 1, 1989; Sec. 10B added by Acts 1989, 71st Leg., ch. 1074, Sec. 8, eff. Sept. 1, 1989; Sec. 11(b) amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 8, eff. June 18, 1990; Sec. 16(a) amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 31, eff. June 18, 1990; Sec. 17(a) amended by and Sec. 17(c), (d) added by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 9, eff. June 18, 1990; Sec. 18(a) amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 10, eff. June 18, 1990; Sec. 20 amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 11, eff. June 18, 1990; Sec. 25(a) amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 12, eff. June 18, 1990; Sec. 3g amended by Acts 1991, 72nd Leg., ch. 541, Sec. 1, eff. Sept. 1, 1991; Sec. 5(d) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(52), eff. Sept. 1, 1991; Sec. 6(e) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 19.02, eff. Oct. 1, 1991; Sec. 8 amended by Acts 1991, 72nd Leg., ch. 343, Sec. 1, eff. Aug. 26, 1991; Sec. 9 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 16.01, eff. Dec. 1, 1991; Sec. 11(a) amended by Acts 1991, 72nd Leg., ch. 572, Sec. 2, eff. Sept. 1, 1991; Sec. 11(c) added by Acts 1991, 72nd Leg., ch. 202, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 285, Sec. 1, eff. Sept. 1, 1991; Sec. 12 amended by Acts 1991, 72nd Leg., ch. 555, Sec. 3, eff. Sept. 1, 1991; Sec. 13(g) amended by Acts 1991, 72nd Leg., ch. 784, Sec. 9, eff. Sept. 1, 1991; Sec. 16(d) and (e) amended by Acts 1991, 72nd Leg., ch. 900, Sec. 3, eff. Aug. 26, 1991; Sec. 16(h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 8.01, eff. Dec. 1, 1991; Sec. 17(e) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.02, eff. Oct. 1, 1991; Sec. 24(a) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(8), (9), (60), eff. Sept. 1, 1991; Sec. 25(a) amended by Acts 1991, 72nd Leg., ch. 344, Sec. 1, eff. June 5, 1991; Sec. 28 added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 6.01, eff. Dec. 1, 1991; Sec. 5(c) amended by Acts 1993, 73rd Leg., ch. 470, Sec. 2, eff. Sept. 1, 1993; Sec. 9(g) amended by and Sec. 9(k) added by Acts 1993, 73rd Leg., ch. 889, Sec. 1, eff. Sept. 1, 1993; Sec. 10(a) amended by Acts 1993, 73rd Leg., ch. 796, Sec. 1, eff. Sept. 1, 1993; Sec. 10(j-3) amended by Acts 1993, 73rd Leg., ch. 790, Sec. 36, eff. Sept. 1, 1993; Sec. 11(a) amended by Acts 1993, 73rd Leg., ch. 806, Sec. 2, eff. Sept. 1, 1993; Sec. 11(c) redesignated as 11(d) by Acts 1993, 73rd Leg., ch. 107, Sec. 10.01(1), eff. Aug. 30, 1993; Sec. 11(l) added by Acts 1993, 73rd Leg., ch. 10, Sec. 3, eff. March 19, 1993; Sec. 13(a) amended by Acts 1993, 73rd Leg., ch. 886, Sec. 15, eff. Jan. 1, 1995; Sec. 13(h) amended by Acts 1993, 73rd Leg., ch. 662, Sec. 8, eff. Sept. 1, 1993; amended by Acts 1993, 73rd Leg., ch. 790, Sec. 30, eff. Sept. 1, 1993; amended by Acts 1993, 73rd Leg., ch. 796, Sec. 2, eff. Sept. 1, 1993; Sec. 13(i) amended by Acts 1993, 73rd Leg., ch. 662, Sec. 1, eff. Sept. 1, 1993; Sec. 13(j) to (l) amended by Acts 1993, 73rd Leg., ch. 796, Sec. 2, eff. Sept. 1, 1993; Sec. 13a added by Acts 1993, 73rd Leg., ch. 987, Sec. 2, eff. Sept. 1, 1993; Sec. 14 amended by Acts 1993, 73rd Leg., ch. 165, Sec. 1, eff. Sept. 1, 1993; Sec. 15 added by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1994; Sec. 15(a) amended by Acts 1993, 73rd Leg., ch. 806, Sec. 3, eff. Sept. 1, 1993; Sec. 16(e) added by Acts 1993, 73rd Leg., ch. 987, Sec. 3, eff. Sept. 1, 1993; Sec. 17(e) amended by Acts 1993, 73rd Leg., ch. 201, Sec. 3, eff. Aug. 30, 1993; Sec. 22(e), (f) added by Acts 1993, 73rd Leg., ch. 805, Sec. 7, eff. Aug. 30, 1993; Sec. 29 added by Acts 1993, 73rd Leg., ch. 201, Sec. 4, eff. Aug. 30, 1993.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1993; Sec. 2(3) amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.13, eff. Sept. 1, 1995; Sec. 3(b) amended by and Sec. 3(f) added by Acts 1995, 74th Leg., ch. 256, Sec. 1, eff. Sept. 1, 1995; Sec. 3g(a) amended by Acts 1995, 74th Leg., ch. 260, Sec. 14, eff. May 30, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec. 52, eff. Sept. 1, 1995; Sec. 4(d) amended by Acts 1995, 74th Leg., ch. 260, Sec. 15, eff. May 30, 1995; Sec. 5(a) amended by Acts 1995, 74th Leg., ch. 256, Sec.2 , eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec. 53, eff. Jan. 1, 1996; Sec. 5(b) amended by Acts 1995, 74th Leg., ch. 318, Sec. 53, eff. Jan. 1, 1996; Sec. 5(c) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.06, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 256, Sec. 2, eff. Sept. 1, 1995; Sec. 5(d) amended by Acts 1995, 74th Leg., ch. 260, Sec. 16, eff. May 30, 1995; Sec. 9(e) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1, 1995; Sec. 9(j) amended by Acts 1995, 74th Leg., ch. 257, Sec. 1, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1, 1995; Sec. 9(k) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1, 1995; Sec. 9(l), (m) added by Acts 1995, 74th Leg., ch. 257, Sec. 1, eff. Sept. 1, 1995; Sec. 10(a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.07(a), eff. Sept. 1, 1995; Sec. 11(a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.08, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 258, Sec. 10, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec. 54, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 595, Sec. 2, eff. Sept. 1, 1995; Sec. 11(e) added by Acts 1995, 74th Leg., ch. 258, Sec. 10, eff. Sept. 1, 1995; Sec. 11(l)(1) amended by Acts 1995, 74th Leg., ch. 657, Sec. 4, eff. June 14, 1995; Sec. 13(a) amended by Acts 1995, 74th Leg., ch. 318, Sec. 55, eff. Sept. 1, 1995; Sec. 13(e) amended by Acts 1995, 74th Leg., ch. 318, Sec. 56, eff. Sept. 1, 1995; Sec. 13(e) repealed by Acts 1995, 74th Leg., ch. 321, Sec. 3.020(a), eff. Sept. 1, 1995; Sec. 13(g) amended by Acts 1995, 74th Leg., ch. 318, Sec. 57(a), eff. Sept. 1, 1995; Sec. 13(i) amended by Acts 1995, 74th Leg., ch. 318, Sec. 57(b), eff. Sept. 1, 1995.
      
Sec. 13(j) amended by Acts 1995, 74th Leg., ch. 318, Sec. 58, eff. Sept. 1, 1995; Sec. 13(m) added by Acts 1995, 74th Leg., ch. 76, Sec. 3.07(b), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 59, eff. Sept. 1, 1995; Sec. 13B added by Acts 1995, 74th Leg., ch. 83, Sec. 2, eff. Sept. 1, 1995; added by Acts 1995, 74th Leg., ch. 256, Sec. 3, eff. Sept. 1, 1995; Sec. 14(a) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.004, eff. Sept. 1, 1995; Sec. 14(b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.09, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.005 eff. Sept. 1, 1995; Sec. 15 repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.11, eff. Sept. 1, 1995; Sec. 15(a) to (d), (f) amended by Acts 1995, 74th Leg., ch. 318, Sec. 60, eff. Jan. 1, 1996; Sec. 15(h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.10, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec. 60, eff. Jan. 1, 1996; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.006, eff. Sept. 1, 1995; Sec. 16 amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.007, eff. Sept. 1, 1995; Sec. 16(e) repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.12(a), eff. Sept. 1, 1995; Sec. 16(e) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.12(b), eff. Sept. 1, 1995; Sec. 18(a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.02, eff. Sept. 1, 1995; Sec. 18(e) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.16, eff. Sept. 1, 1995; Sec. 18(h) amended by Acts 1995, 74th Leg., ch. 318, Sec. 61, eff. Jan. 1, 1996; Sec. 19(b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.14, eff. Sept. 1, 1995; Sec. 19(e), (f) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.17, eff. Sept. 1, 1995; Sec. 22(a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.18, eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.008, eff. Sept. 1, 1995; Sec. 22(d) amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.15, eff. Sept. 1, 1995; Sec. 29 repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.15, eff. Sept. 1, 1995; Sec. 2(4) added by Acts 1997, 75th Leg., ch. 1430, Sec. 1, eff. Sept. 1, 1997; Sec. 3(d) amended by Acts 1997, 75th Leg., ch. 1430, Sec. 2, eff. Sept. 1, 1997; Sec. 3(g) added by Acts 1997, 75th Leg., ch. 706, Sec. 1, eff. Sept. 1, 1997; Sec. 3g(a) amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.03, eff. Sept. 1, 1997; Sec. 4(c) amended by Acts 1997, 75th Leg., ch. 1430, Sec. 3, eff. Sept. 1, 1997; Sec. 5(a) amended by Acts 1997, 75th Leg., ch. 667, Sec. 1, eff. Sept. 1, 1997; amended by Acts 1997, 75th Leg., ch. 1430, Sec. 4, eff. Sept. 1, 1997; Sec. 5(c), (d) amended by Acts 1997, 75th Leg., ch. 667, Sec. 1, eff. Sept. 1, 1997; Sec. 11(a) amended by Acts 1997, 75th Leg., ch. 700, Sec. 11, eff. Sept. 1, 1997; Sec. 11(d) amended by Acts 1997, 75th Leg., ch. 312, Sec. 3, eff. Sept. 1, 1997; Sec. 11(e) amended by Acts 1997, 75th Leg., ch. 668, Sec. 3, eff. Sept. 1, 1997; Sec. 11(f) added by Acts 1997, 75th Leg., ch. 144, Sec. 3, eff. May 20, 1997; Sec. 11(l) amended by Acts 1997, 75th Leg., ch. 1, Sec. 6, eff. Jan. 28, 1997; Sec. 13(j) amended by Acts 1997, 75th Leg., ch. 577, Sec. 18, eff. Sept. 1, 1997; Sec. 13(m) relettered as Sec. 13(n) by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(10), eff. Sept. 1, 1997; Sec. 13B renumbered as Sec. 13C by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(11), eff. Sept. 1, 1997; Sec. 15(a) amended by Acts 1997, 75th Leg., ch. 488, Sec. 1, eff. Sept. 1, 1997; Sec. 15(d) amended by Acts 1997, 75th Leg., ch. 745, Sec. 34, eff. Jan. 1, 1998; Sec. 15(e) amended by Acts 1997, 75th Leg., ch. 488, Sec. 2, eff. Sept. 1, 1997; Sec. 15(f)(2) amended by Acts 1997, 75th Leg., ch. 488, Sec. 3, eff. Sept. 1, 1997; Sec. 15(g) amended by Acts 1997, 75th Leg., ch. 488, Sec. 1, eff. Sept. 1, 1997; Sec. 15(h)(1), (2) amended by Acts 1997, 75th Leg., ch. 488, Sec. 4, eff. Sept. 1, 1997; Sec. 19(g) amended by Acts 1997, 75th Leg., ch. 668, Sec. 4, eff. Sept. 1, 1997; Sec. 22(c) amended by Acts 1997, 75th Leg., ch. 754, Sec. 1, eff. Sept. 1, 1997; Sec. 22A added by Acts 1997, 75th Leg., ch. 1430, Sec. 5, eff. Sept. 1, 1997; Sec. 3g(a) amended by Acts 1999, 76th Leg., ch. 806, Sec. 1, eff. Sept. 1, 1999; Sec. 5(c) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 5(a), eff. Sept. 1, 1999; Sec. 5(e) added by Acts 1999, 76th Leg., ch. 580, Sec. 7, eff. Sept. 1, 1999; added by Acts 1999, 76th Leg., ch. 1193, Sec. 3, eff. Sept. 1, 1999; added by Acts 1999, 76th Leg., ch. 1415, Sec. 4, eff. Sept. 1, 1999; Sec. 9(j) amended by Acts 1999, 76th Leg., ch. 1263, Sec. 1, eff. Sept. 1, 1999; Sec. 9(k) amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.43, eff. Sept. 1, 1999; Sec. 11(a) amended by Acts 1999, 76th Leg., ch. 323, Sec. 1, eff. Sept. 1, 1999; Sec. 11(g) added by Acts 1999, 76th Leg., ch. 27, Sec. 1, eff. Sept. 1, 1999; added by Acts 1999, 76th Leg., ch. 1415, Sec. 6(a), eff. Sept. 1, 1999; Sec. 13(g) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; Sec. 13(h) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 580, Sec. 8, eff. Sept. 1, 1999; Sec. 13(i) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1105, Sec. 3, eff. Sept. 1, 1999; Sec. 13(j) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 580, Sec. 8, eff. Sept. 1, 1999; Sec. 13(k), (m) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; Sec. 13D added by Acts 1999, 76th Leg., ch. 56, Sec. 1, eff. Sept. 1, 1999; Sec. 14(c) amended by Acts 1999, 76th Leg., ch. 910, Sec. 1, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.44, eff. Sept. 1, 1999; Sec. 14(e) added by Acts 1999, 76th Leg., ch. 1188, Sec. 1.44, eff. Sept. 1, 1999; Sec. 15A added by Acts 1999, 76th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1999; Sec. 20(b) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 5(b), eff. Sept. 1, 1999; Sec. 3g(a) amended by Acts 2001, 77th Leg., ch. 786, Sec. 2, eff. June 14, 2001; Sec. 5(f) relettered from Sec. 5(e) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(10), eff. Sept. 1, 2001; Sec. 5(g) added by Acts 2001, 77th Leg., ch. 1159, Sec. 3, eff. Sept. 1, 2001; Sec. 9(h) amended by Acts 2001, 77th Leg., ch. 969, Sec. 8, eff. Sept. 1, 2001; Sec. 11(e) amended by Acts 2001, 77th Leg., ch. 211, Sec. 1, eff. Sept. 1, 2001; Sec. 11(h) relettered from Sec. 11(g) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(11), eff. Sept. 1, 2001; Sec. 13(a), (g), (k) amended by Acts 2001, 77th Leg., ch. 969, Sec. 9, eff. Sept. 1, 2001; Sec. 15A amended by Acts 2001, 77th Leg., ch. 1351, Sec. 1, eff. Sept. 1, 2001; Sec. 16(b) amended by Acts 2001, 77th Leg., ch. 970, Sec. 1, eff. Sept. 1, 2001; Sec. 19(a) amended by Acts 2001, 77th Leg., ch. 992, Sec. 1, eff. Sept. 1, 2001; Sec. 5(h) added by Acts 2003, 78th Leg., ch. 250, Sec. 1, eff. June 18, 2003; Sec. 8(a) amended by Acts 2003, 78th Leg., ch. 239, Sec. 1, eff. Sept. 1, 2003; Sec. 9(l) amended by Acts 2003, 78th Leg., ch. 353, Sec. 5, eff. Sept. 1, 2003; Sec. 9(l) amended by Acts 2003, 78th Leg., ch. 892, Sec. 20, eff. Sept. 1, 2003; Sec. 9(m) amended by Acts 2003, 78th Leg., ch. 353, Sec. 5, eff. Sept. 1, 2003; Sec. 9A added by Acts 2003, 78th Leg., ch. 353, Sec. 1, eff. Sept. 1, 2003; Sec. 11(d) amended by Acts 2003, 78th Leg., ch. 35, Sec. 4, eff. Jan. 1, 2004; Sec. 11(i) added by Acts 2003, 78th Leg., ch. 353, Sec. 2, eff. Sept. 1, 2003; Sec. 13(a), (g) amended by Acts 2003, 78th Leg., ch. 1275, Sec. 3(3), eff. Sept. 1, 2003; Sec. 13B(a) amended by Acts 2003, 78th Leg., ch. 353, Sec. 3, eff. Sept. 1, 2003; Sec. 13B(i) added by Acts 2003, 78th Leg., ch. 353, Sec. 3, eff. Sept. 1, 2003; Sec. 14 amended by Acts 2003, 78th Leg., ch. 353, Sec. 4, eff. Sept. 1, 2003; Sec. 14(b) amended by Acts 2003, 78th Leg., ch. 353, Sec. 6, eff. Sept. 1, 2003; Sec. 14(e) amended by Acts 2003, 78th Leg., ch. 209, Sec. 63(a), eff. Jan. 1, 2004; Sec. 14(e) amended by Acts 2003, 78th Leg., ch. 1310, Sec. 2, eff. Sept. 1, 2003; Sec. 15(a), (c) amended by Acts 2003, 78th Leg., ch. 1122, Sec. 1, eff. Sept. 1, 2003.
      
Sec. 19(f) amended by Acts 2003, 78th Leg., ch. 209, Sec. 64(a), eff. Jan. 1, 2004; Sec. 19(f) amended by Acts 2003, 78th Leg., ch. 1310, Sec. 3, eff. Sept. 1, 2003; Sec. 19(g) amended by Acts 2003, 78th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2003; Sec. 19(h) added by Acts 2003, 78th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2003; Sec. 21(e) added by Acts 2003, 78th Leg., ch. 250, Sec. 2, eff. June 18, 2003; Sec. 24 added by Acts 2003, 78th Leg., ch. 250, Sec. 3, eff. June 18, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 210, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 210, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 500, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 904, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 956, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 969, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 996, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1008, Sec. 4.07, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1139, Sec. 4, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1188, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1224, Sec. 18, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 113, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 308, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 405, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.05, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.06, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.07, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 604, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 617, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 849, Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1025, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1050, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1205, Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 5, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 6, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 7, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 8, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308, Sec. 9, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 6.003, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 6.004, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 6.005, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.025, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.026, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.027, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.028, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.029, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.030, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 146, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 168, Sec. 5, eff. May 27, 2009.
Acts 2009, 81st Leg., R.S., Ch. 639, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 755, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 17, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1130, Sec. 18, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 16.04, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1209, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1228, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1339, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1348, Sec. 6, eff. September 1, 2009.
    
Art. 42.122. [ADULT PROBATION OFFICERS OF THE 222ND JUDICIAL DISTRICT;  SALARY AND ALLOWANCES ].  The adult probation officer of the 222nd Judicial District receives a salary of not less than $15,000 per annum.  Also, the probation officer receives allowances, not to exceed the amount allowed by the federal government for traveling the most practical route to and from the place where the duties are discharged, for his necessary travel and hotel expenses.  Upon the sworn statement of the officer, approved by the judge, the respective counties of the judicial district pay the expenses incurred for their regular or special term of court out of the general county fund.  In lieu of travel allowances the commissioners court of each county, by agreement, may provide transportation under the same terms and conditions as provided for sheriffs.
  
Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept. 1, 1985.
    
Art. 42.14.  IN ABSENCE OF DEFENDANT.  (a)  In a misdemeanor case, the judgment and sentence may be rendered in the absence of the defendant.
(b)  In a felony case, the judgment and sentence may be rendered in the absence of the defendant only if:
(1)  the defendant is confined in a penal institution;
(2)  the defendant is not charged with a felony offense:
(A)  that is listed in Section 3g(a)(1), Article 42.12; or
(B)  for which it is alleged that:
(i)  a deadly weapon was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; and
(ii)  the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited;  
(3)  the defendant in writing before the appropriate court having jurisdiction in the county in which the penal institution is located:
(A)  waives the right to be present at the rendering of the judgment and sentence or to have counsel present;
(B)  affirms that the defendant does not have anything to say as to why the sentence should not be pronounced and that there is no reason to prevent the sentence under Article 42.07;
(C)  states that the defendant has entered into a written plea agreement with the attorney representing the state in the prosecution of the case; and
(D)  requests the court to pronounce sentence in the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the state in the prosecution of the case have entered into a written plea agreement that is made a part of the record in the case; and
(5)  sentence is pronounced in accordance with the plea agreement.
(c)  A judgment and sentence may be rendered under this article in the absence of the defendant only after the defendant is notified by the court of original jurisdiction of the right to counsel and the defendant requests counsel or waives the right to counsel in accordance with Article 1.051.
(d)  In this article, "deadly weapon" and "penal institution" have the meanings assigned by Section 1.07, Penal Code.
(e)  If a defendant enters a plea of guilty or nolo contendere under Article 27.19, the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment.  On request for a fingerprint under this subsection, the county in which the defendant is confined shall obtain a fingerprint of the defendant and use first-class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 291, Sec. 2, eff. September 1, 2009.
    
Art. 42.141. BATTERING INTERVENTION AND PREVENTION PROGRAM.
Definitions

Sec. 1. In this article:
(1) "Batterer" means a person who commits repeated acts of violence or who repeatedly threatens violence against another who is:
(A) related to the actor by affinity or consanguinity, as determined under Chapter 573, Government Code;
(B) is a former spouse of the actor;  or
(C) resides or has resided in the same household with the actor.
(2) "Division" means the community justice assistance division of the Texas Department of Criminal Justice.
(3) "Family" has the meaning assigned by Section 71.003, Family Code.
(4) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(5) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
(6) "Household" has the meaning assigned by Section 71.005, Family Code.
(7)  "Program" means a battering intervention and prevention program that:
(A)  meets:
(i)  the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice with the assistance of the statewide nonprofit organization described by Section 3(1); and
(ii)  any other eligibility requirements adopted by the Texas Department of Criminal Justice; and
(B)  provides, on a local basis to batterers referred by the courts for intervention, educational services and intervention designed to help the batterers stop their abusive behavior.
(8) "Project" means the statewide activities for the funding of battering intervention and prevention programs, the related community educational campaign, and education and research regarding such programs.
(9) "Responsive law enforcement climate" means an area where, in cases of family violence:
(A) the local law enforcement agency has a policy or record of arresting batterers;  and
(B) the local criminal justice system:
(i) cooperates with the victim in filing protective orders;  and
(ii) takes appropriate action against a person who violates protective orders.
Establishment

Sec. 2. The battering intervention and prevention program is established in the division.
Sec. 3.  DUTIES OF THE DIVISION.  The division shall:
(1)  contract with a nonprofit organization that for the five-year period before the date on which a contract is to be signed has been involved in providing to shelter centers, law enforcement agencies, and the legal community statewide advocacy and technical assistance relating to family violence, with the contract requiring the nonprofit organization to perform the duties described in Section (4) of this article;
(2)  seek the input of the statewide nonprofit organization described in Subdivision (1) in the development of standards for selection of programs for inclusion in the project and the review of proposals submitted by programs;
(3)  issue requests for proposals for the programs and an educational campaign not later than January 1, 1990;
(4)  award contracts for programs that are operated by nonprofit organizations and that take into consideration:
(A)  a balanced geographical distribution of urban, rural, and suburban models; and
(B)  the presence of a responsive law enforcement climate in the community;
(5)  develop and monitor the project in cooperation with the nonprofit organization described by Subdivision (1);
(6)  monitor the development of a community educational campaign in cooperation with the nonprofit organization described by Subdivision (1);
(7)  assist the nonprofit organization described by Subdivision (1) in designing program evaluations and research activities;
(8)  facilitate training of probation officers and other criminal justice professionals by the nonprofit organization described by Subdivision (1) and by programs;
(9)  seek the assistance of the nonprofit organization described by Subdivision (1) in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines; and
(10)  before adopting program guidelines under Section 4A:
(A)  notify the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, that the division is considering adopting program guidelines; and
(B)  invite the licensing authorities to comment on the program guidelines.
Sec. 4.  DUTIES OF THE NONPROFIT ORGANIZATION.  The nonprofit organization with which the division contracts under Section 3(1) shall:
(1)  assist the division in developing and issuing requests for proposals for the programs and the educational campaign;
(2)  assist the division in reviewing the submitted proposals and making recommendations for proposals to be selected for funding;
(3)  develop and monitor the project in cooperation with the division;
(4)  provide technical assistance to programs to:
(A)  develop appropriate services for batterers;
(B)  train staff;
(C)  improve coordination with shelter centers, the criminal justice system, the judiciary, law enforcement agencies, prosecutors, and other appropriate officials and support services;
(D)  implement the community educational campaign; and
(E)  participate in project administered program evaluation and research activities;
(5)  provide technical assistance to the division to:
(A)  develop and implement standards for selection of programs for inclusion in the project; and
(B)  develop standards for selection of the community educational campaign described in Section 6 of this article;
(6)  submit an annual written report to the division and to the legislature with recommendations for continuation, elimination, or changes in the project;
(7)  evaluate the programs and the community educational campaign, including an analysis of the effectiveness of the project and the level of public awareness relating to family violence; and
(8)  assist the division in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines.
Sec. 4A.  ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION PROCESS.  With the assistance of the statewide nonprofit organization described by Section 3(1) and after notifying the licensing authorities described by Section 3(10), the division shall adopt guidelines for programs and shall accredit programs and providers providing battering intervention and prevention services as conforming to those guidelines.  The division shall collect from each program or provider that applies for accreditation under this section a one-time application fee in an amount set by the Texas Department of Criminal Justice.
Programs

Sec. 5.  (a)  A program proposal must:
(1) describe the counseling or treatment the program will offer;
(2) include letters from a local law enforcement agency or agencies, courts, probation officers, and other community resources describing the community's commitment to improve the criminal justice system's response to victims and batterers and to cooperate with and interact in the programs' activities;
(3) include a letter from the local shelter center describing the support services available to victims of family violence in the community and the shelter's commitment to cooperate and work with the program;  and
(4) describe the public education and local community outreach activities relating to family violence currently available in the community and a statement of commitment to participate on the local level in the public educational campaign described in Section 6 of this article.
(b) A program must:
(1) be situated in a county in which a shelter center is located;
(2) offer counseling or treatment in which the primary approach is direct intervention with the batterer, on an individual or group basis, but that does not require the victim of the family violence to participate in the counseling or treatment;
(3) offer training to law enforcement prosecutors, judges, probation officers, and others on the dynamics of family violence, treatment options, and program activities;  and
(4) have a system for receiving referrals from the courts and for reporting to the court regarding batterers' compliance with the treatment program.
(c) This section does not preclude a program from serving a batterer other than one who was ordered by a court to participate in the program established under this subchapter.
Community Educational Campaign

Sec. 6.  (a)  The division, with assistance from the nonprofit organization, shall select the community educational campaign relating to family violence after the commission has selected the programs.  The campaign is to be implemented in the areas covered by the programs.
(b) The campaign shall use a variety of media, including newspapers, radio, television, and billboards, and shall focus on:
(1) the criminality of acts of violence toward family members;
(2) the consequences of family violence crimes to the batterer;  and
(3) eradicating public misconceptions of family violence.
Use of Legislative Appropriation

Sec. 7. Of a legislative appropriation for the project established under this article:
(1) not more than six percent may be used by the division for management and administration of the project;
(2) not more than 14 percent may be applied to the contract between the division and the nonprofit organization;  and
(3) not more than three percent may be applied to the contract for the community educational campaign.
Contract Date

Sec. 8. The contract required under Section 3(a) of this article shall be signed not later than November 1, 1989.
  
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.05, eff. Sept. 1, 1989.  Sec. 1(1) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 11, eff. Aug. 26, 1991;  Sec. 1(1)(A) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995;  Sec. 1(3), (4), (6) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(i), eff. Sept. 1, 2003.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 113, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 113, Sec. 3, eff. September 1, 2007.
    
Art. 42.15. FINES.  (a)  When the defendant is fined, the judgment shall be that the defendant pay the amount of the fine and all costs to the state.
(b) When imposing a fine and costs a court may direct a defendant:
(1) to pay the entire fine and costs when sentence is pronounced;  or
(2) to pay the entire fine and costs at some later date;  or
(3) to pay a specified portion of the fine and costs at designated intervals.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 1, eff. June 15, 1971.
    
Art. 42.151. FEES FOR ABUSED CHILDREN'S COUNSELING.  If a court orders a defendant to pay a fee under Article 37.072 of this code, the court shall assess the fee against the defendant in the same manner as other costs of prosecution are assessed against a defendant.  The court may direct a defendant:
(1) to pay the entire fee when sentence is pronounced;
(2) to pay the entire fee at some later date;  or
(3) to pay a specified portion of the fee at designated intervals.
  
Added by Acts 1989, 71st Leg., ch. 360, Sec. 3, eff. Sept. 1, 1989.
    
Art. 42.152. REPAYMENT OF REWARD.  (a)  If a judge orders a defendant to repay a reward or part of a reward under Article 37.073 of this code, the court shall assess this cost against the defendant in the same manner as other costs of prosecution are assessed against a defendant.  The court may order the defendant to:
(1) pay the entire amount required when sentence is pronounced;
(2) pay the entire amount required at a later date specified by the court;  or
(3) pay specified portions of the required amount at designated intervals.
(b) After receiving a payment from a person ordered to make the payment under this article, the clerk of the court or fee officer shall:
(1) make a record of the payment;
(2) deduct a one-time $7 processing fee from the reward repayment;
(3) forward the payment to the designated crime stoppers organization;  and
(4) make a record of the forwarding of the payment.
  
Added by Acts 1989, 71st Leg., ch. 611, Sec. 3, eff. Sept. 1, 1989.  Renumbered from art. 42.151 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(6), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 12, eff. Sept. 1, 1997.
    
Art. 42.16. ON OTHER JUDGMENT.  If the punishment is any other than a fine, the judgment shall specify it, and order it enforced by the proper process.  It shall also adjudge the costs against the defendant, and order the collection thereof as in other cases.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 42.17. TRANSFER UNDER TREATY.  When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders who are citizens or nationals of foreign countries to the foreign countries of which they are citizens or nationals, the governor is authorized, subject to the terms of such treaty, to act on behalf of the State of Texas and to consent to the transfer of such convicted offenders under the provisions of Article IV, Section 11 of the Constitution of the State of Texas.
  
Added by Acts 1977, 65th Leg., p. 1266, ch. 489, Sec. 1, eff. June 15, 1977.
    
Art. 42.19. INTERSTATE CORRECTIONS COMPACT.
Article I. Purpose and Policy

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment, and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs.  The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with the most economical use of human and material resources.
Article II. Definitions

As used in this compact, unless the context clearly requires otherwise:
(a) "State" means a state of the United States;  the United States of America;  a territory or possession of the United States;  the District of Columbia;  the commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which conviction or court commitment was had.
(c) "Receiving state" means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.
(d) "Inmate" means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in (d) above may lawfully be confined.
Article III. Contracts

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states.  Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any;  the disposition or crediting of any payments received by inmates on account thereof;  and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities, and rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
Article IV. Procedures and Rights

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, such official may direct that the confinement be within an institution within the territory of such other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state.  However, the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state who are in institutions pursuant to this compact including a conduct record of each inmate and shall certify such record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of the inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution.  The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which the inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state.  The receiving state shall provide adequate facilities for such hearing as may be conducted by the appropriate officials of a sending state.  In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made.  The record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state.  In any and all proceedings had pursuant to the provisions of this paragraph (f), the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate and the sending and receiving states shall agree upon release in some other place.  The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to this compact shall have any rights and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
Article V. Act Not Reviewable in Receiving State:  Extradition

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense.  The duly accredited officer of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution escaped from is situated.  In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
Article VI. Federal Aid

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant thereto.  Any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision.  However, if such program or activity is not part of the customary correctional regimen, the express consent of the appropriate official of the sending state shall be required therefor.
Article VII. Entry Into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states.  Thereafter, this compact shall enter into force and become effective and binding as to any other of such states upon similar action by such state.
Article VIII. Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the compact and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states.  An actual withdrawal shall not take effect until one year after the notices provided in the statute have been sent.  Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal.  Before the effective date of withdrawal, a withdrawal state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
Article IX. Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair an agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates, nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
Article X. Construction and Severability

(a) The provisions of this compact shall be liberally construed and shall be severable.  If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.  If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
(b) Powers.  The director of the Texas Department of Criminal Justice is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular.
  
Added by Acts 1985, 69th Leg., ch. 24, Sec. 1, eff. Jan. 1, 1986.  Renumbered from art. 42.18 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(9), eff. Sept. 1, 1987.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.031, eff. September 1, 2009.
    
Art. 42.20. IMMUNITIES.  (a)  An individual listed in Subsection (c) of this article and the governmental entity that the individual serves as an officer or employee are not liable for damages arising from an act or failure to act by the individual or governmental entity in connection with a community service program or work program established under this chapter or in connection with an inmate, offender, or releasee programmatic or nonprogrammatic activity, including work, educational, and treatment activities, if the act or failure to act:
(1) was performed pursuant to a court order or was otherwise performed in an official capacity;  and
(2) was not performed with conscious indifference for the safety of others.
(b) Chapter 101, Civil Practice and Remedies Code, does not apply to a claim based on an act or a failure to act of an individual listed in Subsection (c) of this article or a governmental entity the officer serves as an officer or employee if the act or failure to act is in connection with a program described by Subsection (a) of this article.
(c) This article applies to:
(1) a director or employee of a community supervision and corrections department or a community corrections facility;
(2) a sheriff or employee of a sheriff's department;
(3) a county judge, county attorney, county commissioner, or county employee;
(4) a district judge, district attorney, or criminal district attorney;
(5) an officer or employee of a state agency;  or
(6) an officer or employee of a political subdivision other than a county.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.13, eff. Sept. 1, 1995;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 406, Sec. 1, eff. Sept. 1, 2003.
    
Art. 42.21. NOTICE OF RELEASE OF FAMILY VIOLENCE OFFENDERS.  (a)  Before releasing a person convicted of a family violence offense, the entity holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the offense or to another person designated by the victim to receive the notice.  An attempt by an entity to give notice to the victim or person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the entity, constitutes a reasonable attempt to give notice under this subsection.
(b) An entity or an employee of an entity is not liable for damages arising from complying or failing to comply with Subsection (a) of this article.
(c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
  
Added by Acts 1995, 74th Leg., ch. 661, Sec. 2, eff. Aug. 28, 1995.  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(j), eff. Sept. 1, 2003.
    
Art. 42.22. RESTITUTION LIENS.
Definitions

Sec. 1. In this article:
(1)  "Department" means the Texas Department of Motor Vehicles.
(2) "Motor vehicle" has the meaning assigned by Chapter 501, Transportation Code.
(3) "State" means the State of Texas and all political subdivisions thereof.
(4) "Victim" means:
(A) a "close relative of a deceased victim," "guardian of a victim," or "victim," as those terms are defined by Article 56.01 of this code;  or
(B) an individual who suffers damages as a result of another committing an offense under Section 38.04, Penal Code, in which the defendant used a motor vehicle while the defendant was in flight.
(5) "Personal property" means any property other than real property including all tangible and intangible types of property and including but not limited to copyrights, book rights, movie rights, patents, and trademarks acquired by the defendant prior to, during, and after conviction.
Lien Established

Sec. 2.  (a)  The victim of a criminal offense has a restitution lien to secure the amount of restitution to which the victim is entitled under the order of a court in a criminal case.
(b)  The state also has a restitution lien to secure the:
(1)  amount of fines or costs entered against a defendant in the judgment in a felony criminal case;
(2)  amount of reimbursement for costs of:
(A)  confinement ordered under Article 42.038; or
(B)  notice provided under Article 62.056 or 62.201; and
(3)  amount of damages incurred by the state as a result of the commission of an offense under Section 38.04, Penal Code, in which the defendant used a motor vehicle while the defendant was in flight.
Perfection

Sec. 3.  (a)  Except as provided by this section, a restitution lien attaches and is perfected when an affidavit to perfect the lien is filed in accordance with this article.
(b) If a lien established under this article is attached to a motor vehicle, the lien must be perfected in the manner provided by Chapter 501, Transportation Code, and the court that entered the order of restitution giving rise to the lien shall include in the order a requirement that the defendant surrender to the court evidence of current legal ownership of the motor vehicle and the title, if applicable, against which the lien attaches.  A lien against a motor vehicle as provided by this article is not perfected until the defendant's title to the vehicle has been surrendered to the court and the department has issued a subsequent title that discloses on its face the fact that the vehicle is subject to a restitution lien established as provided by this article.
Judgment Required

Sec. 4. An affidavit to perfect a restitution lien may not be filed under this article until a court has ordered restitution or entered a judgment requiring the defendant to pay a fine or costs.
Persons Who May File

Sec. 5. The following persons may file an affidavit to perfect a restitution lien:
(1) the attorney representing the state in a criminal case in which a victim is determined by the court to be entitled to restitution or in which a defendant is ordered to pay fines or costs;  or
(2) a victim in a criminal case determined by the court to be entitled to restitution.
Affidavit

Sec. 6. An affidavit to perfect a restitution lien must be signed by the attorney representing the state or a magistrate and must contain:
(1) the name and date of birth of the defendant whose property or other interests are subject to the lien;
(2) the residence or principal place of business of the person named in the lien, if known;
(3) the criminal proceeding giving rise to the lien, including the name of the court, the name of the case, and the court's file number for the case;
(4) the name and address of the attorney representing the state and the name of the person entitled to restitution;
(5) a statement that the notice is being filed under this article;
(6) the amount of restitution and the amount of fines and costs the defendant has been ordered to pay by the court;  
(7) a statement that the amount of restitution owed at any one time may be less than the original balance and that the outstanding balance is reflected in the records of the clerk of the court hearing the criminal proceeding giving rise to the lien;  and
(8) the vehicle description and vehicle identification number.
Filing

Sec. 7.  (a)  An affidavit to perfect a restitution lien may be filed with:
(1) the secretary of state;
(2) the department in the manner provided by Chapter 501, Transportation Code;  or
(3) the county clerk of the county in which:
(A) the crime was committed;
(B) the defendant resides;  or
(C) the property is located.
(b) The uniform fee for filing and indexing and for stamping a copy furnished by the state or victim to show the date and place of filing is $5.
(c) The secretary of state shall deposit the filing fee in the state treasury to the credit of the statutory filing fund solely to defray the costs of administration of this section.  The department shall deposit the filing fee in the state treasury to the credit of the state highway fund to be used solely to defray the costs of administering this section.
(d) The county clerk shall immediately record the restitution lien in the judgment records of the county.  The clerk shall note in the records the date and hour the lien is received.
(e) The secretary of state shall immediately file the restitution lien in the security interest and financing statement records of the secretary of state.  The secretary of state shall note in the records the date and hour the lien is received.
(f) The department shall immediately file the restitution lien in the motor vehicle records of the department.  The department shall note in the records the date and hour the lien is received.
(g) When a restitution lien is filed, the county clerk or secretary of state shall enter the restitution lien in an alphabetical index to the records in which the lien is filed showing:
(1) the name of the person entitled to restitution;
(2) the name of the defendant obligated to pay restitution, fines, or costs;
(3) the amount of the lien;  and
(4) the name of the court that ordered restitution.
(h) A person who files an affidavit to perfect a restitution lien under this article shall notify in writing the clerk of the court entering the judgment creating the lien of all officers or entities with which the affidavit was filed.
Subject Property

Sec. 8. A restitution lien extends to:
(1) any interest of the defendant in real property whether then owned or after-acquired located in a county in which the lien is perfected by the filing of an affidavit with the county clerk;
(2) any interest of the defendant in tangible or intangible personal property whether then owned or after-acquired other than a motor vehicle if the lien is perfected by the filing of the affidavit with the secretary of state;  or
(3) any interest of the defendant in a motor vehicle whether then owned or after-acquired if the lien is perfected by the filing of the affidavit with the department.
Priority

Sec. 9. The perfection of a restitution lien under this article is notice of the claim to all persons dealing with the defendant or the property identified in the affidavit perfecting the lien.  Without regard to whether perfected before or after the perfection of a restitution lien filed and perfected under this article, a perfected real estate mortgage lien, a vendor's lien, a purchase money security interest, a chattel paper security interest, a lien on a motor vehicle perfected as provided by Chapter 501, Transportation Code, or a worker's lien perfected in the manner provided by law is superior and prior to a restitution lien filed and perfected under this article.  Except as provided by this article, a perfected lien in favor of a victim is superior and prior to a lien perfected by the state under this article, and the perfected lien in favor of the state is superior and prior to the claim or interest of any other person, other than:
(1) a person who acquires a valid lien or security interest perfected before the perfection of the restitution lien;
(2) a bona fide purchaser who acquires an interest in the property, if personal property, before the filing of the restitution lien, to the extent that the purchaser gives value;  or
(3) a bona fide purchaser for value who acquires and files for record an interest in the property, if real property, before the perfection of the restitution lien.
Payment

Sec. 10. The clerk receiving a payment from a defendant ordered to pay restitution shall make payments to the person having an interest in the restitution lien on a schedule of not less than quarterly payments as determined by the clerk or agency.
Foreclosure

Sec. 11. If a defendant fails to timely make a payment required by the order of the court entering the judgment creating the restitution lien, the person having an interest in the lien may file suit in a court of competent jurisdiction to foreclose the lien.  If the defendant cures the default on or before the 20th day after the date the suit is filed and pays the person who files the suit costs of court and reasonable attorney's fees, the court may dismiss the suit without prejudice to the person.  The person may refile the suit against the defendant if the defendant subsequently defaults.
Expiration;  Records

Sec. 12.  (a)  A restitution lien expires on the 10th anniversary of the date the lien was filed or on the date the defendant satisfies the judgment creating the lien, whichever occurs first.  The person having an interest in the lien may refile the lien before the date the lien expires.  A lien that is refiled expires on the 10th anniversary of the date the lien was refiled or the date the defendant satisfies the judgment creating the lien, whichever occurs first.
(b) Failure to execute or foreclose the restitution lien does not cause dormancy of the lien.
(c) The clerk of the court entering the judgment creating the restitution lien shall maintain a record of the outstanding balance of restitution, fines, or costs owed.  If the defendant satisfies the judgment, the clerk shall immediately execute and file for record a release of the restitution lien with all officers or entities with which the affidavit perfecting the lien was filed, as indicated by the notice received by the clerk under Section 7(h) of this article, unless a release was executed and filed by the person who filed the affidavit to perfect the lien.
(d) A partial release of a lien as to specific property may be executed by the attorney representing the state or a magistrate who signs an affidavit described by Section 6 of this article on payment of a sum determined to represent the defendant's interest in any property to which the lien may attach.
  
Added by Acts 1995, 74th Leg., ch. 997, Sec. 1, eff. Sept. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1118, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Vernon's Ann.C.C.P. art. 42.21 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(12), eff. Sept. 1, 1997.  Sec. 2(b) amended by Acts 1999, 76th Leg., ch. 295, Sec. 2, eff. Sept. 1, 1999;  Sec. 1(4) amended by Acts 2001, 77th Leg., ch. 1334, Sec. 1, eff. Sept. 1, 2001;  Sec. 2(b) amended by Acts 2001, 77th Leg., ch. 1334, Sec. 2, eff. Sept. 1, 2001;  Sec. 2(b) amended by Acts 2003, 78th Leg., ch. 1300, Sec. 2, eff. Sept. 1, 2003.
Amended by: 
Acts 2005, 79th Leg., Ch. 1008, Sec. 2.02, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 3B.01, eff. September 1, 2009.
    
Art. 42.23. NOTIFICATION OF COURT OF FAMILY VIOLENCE CONVICTION.  (a)  In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b) If the attorney representing the state in a criminal case involving family violence learns that the defendant is subject to the jurisdiction of another court relating to an order that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for possession of or access to a child, the attorney representing the state shall notify the court in which the defendant is being tried of the existence of the order and the identity of the court of continuing jurisdiction.
(c) On the conviction or entry of an order deferring adjudication of a defendant for an offense involving family violence, the convicting court or the court entering the order shall notify the court of continuing jurisdiction of the conviction or deferred adjudication.
  
Added by Acts 2001, 77th Leg., ch. 1289, Sec. 11, eff. Sept. 1, 2001.
      				

	  					  
CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 43. EXECUTION OF JUDGMENT

Art. 43.01. DISCHARGING JUDGMENT FOR FINE.  (a)  When the sentence against an individual defendant is for fine and costs, he shall be discharged from the same:
(1) when the amount thereof has been fully paid;
(2) when remitted by the proper authority;
(3) when he has remained in custody for the time required by law to satisfy the amount thereof;  or
(4) when the defendant has discharged the amount of fines and costs in any other manner permitted by this code.
(b) When the sentence against a defendant corporation or association is for fine and costs, it shall be discharged from same:
(1) when the amount thereof has been fully paid;
(2) when the execution against the corporation or association has been fully satisfied;  or
(3) when the judgment has been fully satisfied in any other manner.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1973, 63rd Leg., p. 974, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
      
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993.
    
Art. 43.015.  DEFINITIONS.  In this chapter:
(1)  "Capias" means a writ that is:
(A)  issued by a court having jurisdiction of a case after judgment and sentence; and
(B)  directed "To any peace officer of the State of Texas" and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ.
(2)  "Capias pro fine" means a writ that is:
(A)  issued by a court having jurisdiction of a case after judgment and sentence for unpaid fines and costs; and
(B)  directed "To any peace officer of the State of Texas" and commanding the officer to arrest a person convicted of an offense and bring the arrested person before that court immediately.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 7, eff. September 1, 2007.
    
Art. 43.02. PAYABLE IN MONEY.  All recognizances, bail bonds, and undertakings of any kind, whereby a party becomes bound to pay money to the State, and all fines and forfeitures of a pecuniary character, shall be collected in the lawful money of the United States only.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.021.  CAPIAS OR CAPIAS PRO FINE IN ELECTRONIC FORM.  A capias or capias pro fine may be issued in electronic form.
  
Added by Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 8, eff. September 1, 2007.
    
Art. 43.03. PAYMENT OF FINE.  (a)  If a defendant is sentenced to pay a fine or costs or both and the defendant defaults in payment, the court after a hearing under Subsection (d) of this article may order the defendant confined in jail until discharged as provided by law, may order the defendant to discharge the fines and costs in any other manner provided by Article 43.09 of this code, or may waive payment of the fines and costs as provided by Article 43.091.  A certified copy of the judgment, sentence, and order is sufficient to authorize confinement under this subsection.
(b) A term of confinement for default in payment of fine or costs or both may not exceed the maximum term of confinement authorized for the offense for which the defendant was sentenced to pay the fine or costs or both.  If a court orders a term of confinement for default in payment of fines or costs under this article at a time during which a defendant is serving another term of confinement for default or is serving a term of confinement for conviction of an offense, the term of confinement for default runs concurrently with the other term of confinement, unless the court orders the terms to run consecutively under Article 42.08 of this code.
(c) If a defendant is sentenced both to confinement and to pay a fine or costs or both, and he defaults in payment of either, a term of confinement for the default, when combined with the term of confinement already assessed, may not exceed the maximum term of confinement authorized for the offense for which the defendant was sentenced.
(d)  A court may not order a defendant confined under Subsection (a) of this article unless the court at a hearing makes a written determination that:
(1)  the defendant is not indigent and has failed to make a good faith effort to discharge the fines and costs;  or
(2)  the defendant is indigent and:
(A)  has failed to make a good faith effort to discharge the fines and costs under Article 43.09(f);  and
(B)  could have discharged the fines and costs under Article 43.09 without experiencing any undue hardship.
(e)  This article does not apply to a court governed by Chapter 45.
(f)  For purposes of a hearing described by Subsection (d), a defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court.  For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court and includes secure Internet videoconferencing.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 2, eff. June 15, 1971;  Acts 1973, 63rd Leg., p. 974, ch. 399, Sec. 2(A), eff. Jan. 1, 1974.
      
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993;  Subsec. (a) amended by Acts 2001, 77th Leg., ch. 1111, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 9, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 474, Sec. 1, eff. September 1, 2009.
    
Art. 43.04.  IF DEFENDANT IS ABSENT.  When a judgment and sentence have been rendered against a defendant in the defendant's absence, the court may order a capias issued for the defendant's arrest.  The sheriff shall execute the capias by bringing the defendant before the court or by placing the defendant in jail until the defendant can be brought before the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 3, eff. June 15, 1971.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 10, eff. September 1, 2007.
    
Art. 43.05.  CAPIAS PRO FINE SHALL RECITE.  (a)  A capias pro fine issued for the arrest and commitment of a defendant convicted of a misdemeanor or felony, or found in contempt, the penalty for which includes a fine, shall recite the judgment and sentence and command a peace officer to immediately bring the defendant before the court.
(b)  A capias pro fine authorizes a peace officer to place the defendant in jail until the business day following the date of the defendant's arrest if the defendant cannot be brought before the court immediately.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1971, 62nd Leg., p. 2990, ch. 987, Sec. 4, eff. June 15, 1971.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 11, eff. September 1, 2007.
    
Art. 43.06.  CAPIAS OR CAPIAS PRO FINE MAY ISSUE TO ANY COUNTY.  A capias or capias pro fine may be issued to any county in the State, and shall be executed and returned as in other cases, but no bail shall be taken in such cases.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 12, eff. September 1, 2007.
    
Art. 43.07.  EXECUTION FOR FINE AND COSTS.  In each case of pecuniary fine, an execution may issue for the fine and costs, though a capias pro fine was issued for the defendant; and a capias pro fine may issue for the defendant though an execution was issued against the defendant's property.  The execution shall be collected and returned as in civil actions.  When the execution has been collected, the defendant shall be at once discharged;  and whenever the fine and costs have been legally discharged in any way, the execution shall be returned satisfied.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 13, eff. September 1, 2007.
    
Art. 43.08. FURTHER ENFORCEMENT OF JUDGMENT.  When a defendant has been committed to jail in default of the fine and costs adjudged against him, the further enforcement of such judgment and sentence shall be in accordance with the provisions of this Code.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.09. FINE DISCHARGED.  (a)  When a defendant is convicted of a misdemeanor and his punishment is assessed at a pecuniary fine or is confined in a jail after conviction of a felony for which a fine is imposed, if he is unable to pay the fine and costs adjudged against him, he may for such time as will satisfy the judgment be put to work in the county jail industries program, in the workhouse, or on the county farm, or public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, as provided in the succeeding article;  or if there be no such county jail industries program, workhouse, farm, or improvements and maintenance projects, he shall be confined in jail for a sufficient length of time to discharge the full amount of fine and costs adjudged against him;  rating such confinement at $50 for each day and rating such labor at $50 for each day;  provided, however, that the defendant may pay the pecuniary fine assessed against him at any time while he is serving at work in the county jail industries program, in the workhouse, or on the county farm, or on the public improvements and maintenance projects of the county or a political subdivision located in whole or in part in the county, or while he is serving his jail sentence, and in such instances he shall be entitled to the credit he has earned under this subsection during the time that he has served and he shall only be required to pay his balance of the pecuniary fine assessed against him.  A defendant who performs labor under this article during a day in which he is confined is entitled to both the credit for confinement and the credit for labor provided by this article.
(b) In its discretion, the court may order that for each day's confinement served by a defendant under this article, the defendant receive credit toward payment of the pecuniary fine and credit toward payment of costs adjudged against the defendant.  Additionally, the court may order that the defendant receive credit under this article for each day's confinement served by the defendant as punishment for the offense.
(c) In its discretion, the court may order that a defendant serving concurrent, but not consecutive, sentences for two or more misdemeanors may, for each day served, receive credit toward the satisfaction of costs and fines imposed for each separate offense.
(d) Notwithstanding any other provision of this article, in its discretion, the court or the sheriff of the county may grant an additional two days credit for each day served to any inmate participating in an approved work program under this article or a rehabilitation, restitution, or education program.
(e)  A court in a county that operates an electronic monitoring program or contracts with a private vendor to operate an electronic monitoring program under Section 351.904, Local Government Code, or that is served by a community supervision and corrections department that operates an electronic monitoring program approved by the community justice assistance division of the Texas Department of Criminal Justice, may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by participating in the program.  A defendant who participates in an electronic monitoring program under this subsection discharges fines and costs in the same manner as if the defendant were confined in county jail.
(f) A court may require a defendant who is unable to pay a fine or costs to discharge all or part of the fine or costs by performing community service.
(g) In its order requiring a defendant to participate in community service work under Subsection (f) of this article, the court must specify:
(1) the number of hours the defendant is required to work;  and
(2) whether the community supervision and corrections department or a court-related services office will perform the administrative duties required by the placement of the defendant in the community service program.
(h) The court may order the defendant to perform community service work under Subsection (f) of this article only for a governmental entity or a nonprofit organization that provides services to the general public that enhance social welfare and the general well-being of the community.  A governmental entity or nonprofit organization that accepts a defendant under Subsection (f) of this article to perform community service must agree to supervise the defendant in the performance of the defendant's work and report on the defendant's work to the district probation department or court-related services office.
(i) The court may require bail of a defendant to ensure the defendant's faithful performance of community service under Subsection (f) of this article and may attach conditions to the bail as it determines are proper.
(j) A court may not order a defendant to perform more than 16 hours per week of community service under Subsection (f) of this article unless the court determines that requiring the defendant to work additional hours does not work a hardship on the defendant or the defendant's dependents.
(k) A defendant is considered to have discharged $100 of fines or costs for each eight hours of community service performed under Subsection (f) of this article.
(l) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, an employee of a community corrections and supervision department, restitution center, or officer or employee of a political subdivision other than a county is not liable for damages arising from an act or failure to act in connection with manual labor performed by an inmate pursuant to this article if the act or failure to act:
(1) was performed pursuant to confinement or other court order;  and
(2) was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.
(m)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 22, eff. September 1, 2007.
(n)  This article does not apply to a court governed by Chapter 45.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 360, ch. 143, Sec. 1, eff. May 14, 1981;  Acts 1987, 70th Leg., ch. 347, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 785, Sec. 4.13, eff. Sept. 1, 1989;  Subsecs. (a), (d) amended by Acts 1989, 71st Leg., ch. 753, Sec. 1, eff. Sept. 1, 1989;  Subsec. (e) added by Acts 1989, 71st Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1989;  Subsecs. (f) to (j) added by Acts 1989, 71st Leg., ch. 1040, Sec. 4, eff. Aug. 28, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.06, eff. Aug. 26, 1991.  Subsec. (l) added by Acts 1991, 72nd Leg., ch. 900, Sec. 1, eff. Aug. 26, 1991.  Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 578, Sec. 2, eff. June 11, 1993;  Subsec. (l) amended by Acts 1993, 73rd Leg., ch. 578, Sec. 2, eff. June 11, 1993;  Subsec. (m) added by Acts 1993, 73rd Leg., ch. 414, Sec. 1, eff. June 6, 1993.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993;  Subsec. (k) amended by Acts 1999, 76th Leg., ch. 1545, Sec. 3, eff. Sept. 1, 1999.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 14, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 22, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 2, eff. June 19, 2009.
    
Art. 43.091.  WAIVER OF PAYMENT OF FINES AND COSTS FOR INDIGENT DEFENDANTS.  A court may waive payment of a fine or cost imposed on a defendant who defaults in payment if the court determines that:
(1)  the defendant is indigent; and
(2)  each alternative method of discharging the fine or cost under Article 43.09 would impose an undue hardship on the defendant.
  
Added by Acts 2001, 77th Leg., ch. 1111, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1263, Sec. 15, eff. September 1, 2007.
    
Art. 43.10.  MANUAL LABOR.  Where the punishment assessed in a conviction for a misdemeanor is confinement in jail for more than one day or is only a pecuniary fine and the defendant is unable to pay the fine and costs adjudged against the defendant, or where the defendant is sentenced to jail for a felony or is confined in jail after conviction of a felony, the defendant shall be required to work in the county jail industries program or shall be required to do manual labor in accordance with the following rules and regulations:
1.  Each commissioners court may provide for the erection of a workhouse and the establishment of a county farm in connection therewith for the purpose of utilizing the labor of defendants under this article;
2.  Such farms and workhouses shall be under the control and management of the sheriff, and the sheriff may adopt such rules and regulations not inconsistent with the rules and regulations of the Commission on Jail Standards and with the laws as the sheriff deems necessary;
3.  Such overseers and guards may be employed by the sheriff under the authority of the commissioners court as may be necessary to prevent escapes and to enforce such labor, and they shall be paid out of the county treasury such compensation as the commissioners court may prescribe;
4.  They shall be put to labor upon public works and maintenance projects, including public works and maintenance projects for a political subdivision located in whole or in part in the county.  They may be put to labor upon maintenance projects for a cemetery that the commissioners court uses public funds, county employees, or county equipment to maintain under Section 713.028, Health and Safety Code.  They may also be put to labor providing maintenance and related services to a nonprofit organization that qualifies for a tax exemption under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code, and is organized as a nonprofit corporation under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), provided that, at the sheriff's request, the commissioners court determines that the nonprofit organization provides a public service to the county or to a political subdivision located in whole or in part in the county;
5.  A defendant who from age, disease, or other physical or mental disability is unable to do manual labor shall not be required to work.  The defendant's inability to do manual labor may be determined by a physician appointed for that purpose by the county judge or the commissioners court, who shall be paid for such service such compensation as said court may allow; and
6.  For each day of manual labor, in addition to any other credits allowed by law, a defendant is entitled to have one day deducted from each sentence the defendant is serving. 
  
Amended by Acts 1981, 67th Leg., p. 2647, ch. 708, Sec. 1, eff. Aug. 31, 1981;  Acts 1989, 71st Leg., ch. 753, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 785, Sec. 4.14, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 900, Sec. 2, eff. Aug. 26, 1991;  Subsec. (a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.09, eff. Oct. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 578, Sec. 3, eff. June 11, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 3.19, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 321, Sec. 3.015, eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 853, Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1187, Sec. 1, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 3, eff. June 19, 2009.
    
Art. 43.101. VOLUNTARY WORK.  (a)  A defendant who is confined in county jail before trial, after conviction of a misdemeanor, or after conviction of a felony or revocation of community supervision, parole, or mandatory supervision and awaiting transfer to the Texas Department of Criminal Justice may volunteer to participate in any work program operated by the sheriff that uses the labor of convicted defendants.
(b)  The sheriff may accept a defendant as a volunteer under Subsection (a) if the defendant is not awaiting trial for an offense involving violence or is not awaiting transfer to the Texas Department of Criminal Justice after conviction of a felony involving violence, and if the sheriff determines that the inmate has not engaged previously in violent conduct and does not pose a security risk to the general public if allowed to participate in the work program.
(c) A defendant participating in a work program under this section is not an employee for the purposes of Chapter 501 or 504, Labor Code.
(d)  For each day of volunteer work, in addition to any other credits allowed by law, the court or sheriff may deduct one day from each sentence imposed on the defendant in relation to the offense or violation of the terms of release for which the defendant was confined in county jail.
  
Added by Acts 1989, 71st Leg., ch. 753, Sec. 3, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 86, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 3.20, eff. Sept. 1, 1995.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.032, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 854, Sec. 4, eff. June 19, 2009.
    
Art. 43.11. AUTHORITY FOR CONFINEMENT.  When, by the judgment and sentence of the court, a defendant is to be confined in jail, a certified copy of such judgment and sentence shall be sufficient authority for the sheriff to place such defendant in jail.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993.
    
Art. 43.13. DISCHARGE OF DEFENDANT.  (a)  A defendant who has remained in jail the length of time required by the judgment and sentence shall be discharged.  The sheriff shall return the copy of the judgment and sentence, or the capias under which the defendant was imprisoned, to the proper court, stating how it was executed.
(b) A defendant convicted of a misdemeanor and sentenced to a term of confinement of more than 30 days discharges the defendant's sentence at any time between the hours of 6 a.m. and 7 p.m. on the day of discharge.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1997, 75th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1997.
    
Art. 43.131. IMMUNITIES.  (a)  An individual listed in Subsection (c) of this article and the governmental entity that the individual serves as an officer or employee are not liable for damages arising from an act or failure to act by the individual or governmental entity in connection with a community service program or work program established under this chapter if the act or failure to act:
(1) was performed pursuant to a court order or was otherwise performed in an official capacity;  and
(2) was not performed with conscious indifference for the safety of others.
(b) Chapter 101, Civil Practice and Remedies Code, does not apply to a claim based on an act or a failure to act of an individual listed in Subsection (c) of this article or a governmental entity the officer serves as an officer or employee if the act or failure to act is in connection with a program described by Subsection (a) of this article.
(c) This article applies to:
(1) a director or employee of a community supervision and corrections department or a community corrections facility;
(2) a sheriff or employee of a sheriff's department;
(3) a county judge, county commissioner, or county employee;
(4) an officer or employee of a state agency;  or
(5) an officer or employee of a political subdivision other than a county.
  
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.04, eff. Sept. 1, 1993.
    
Art. 43.14.  EXECUTION OF CONVICT.  Whenever the sentence of death is pronounced against a convict, the sentence shall be executed at any time after the hour of 6 p.m. on the day set for the execution, by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until such convict is dead, such execution procedure to be determined and supervised by the director of the correctional institutions division of the Texas Department of Criminal Justice.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1977, 65th Leg., p. 287, ch. 138, Sec. 1, eff. Aug. 29, 1977.
      
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 120, eff. Sept. 1, 1981;  Acts 1991, 72nd Leg., ch. 652, Sec. 11, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 319, Sec. 3, eff. Sept. 1, 1995.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.033, eff. September 1, 2009.
    
Art. 43.141. SCHEDULING OF EXECUTION DATE;  WITHDRAWAL;  MODIFICATION.  (a)  If an initial application under Article 11.071 is timely filed, the convicting court may not set an execution date before:
(1) the court of criminal appeals denies relief;  or
(2) if the case is filed and set for submission, the court of criminal appeals issues a mandate.
(b) If an original application is not timely filed under Article 11.071 or good cause is not shown for an untimely application under Article 11.071, the convicting court may set an execution date.
(c) The first execution date may not be earlier than the 91st day after the date the convicting court enters the order setting the execution date.  A subsequent execution date may not be earlier than the 31st day after the date the convicting court enters the order setting the execution date.
(d) The convicting court may modify or withdraw the order of the court setting a date for execution in a death penalty case if the court determines that additional proceedings are necessary on:
(1) a subsequent or untimely application for a writ of habeas corpus filed under Article 11.071;  or
(2) a motion for forensic testing of DNA evidence submitted under Chapter 64.
(e) If the convicting court withdraws the order of the court setting the execution date, the court shall recall the warrant of execution.  If the court modifies the order of the court setting the execution date, the court shall recall the previous warrant of execution, and the clerk of the court shall issue a new warrant.
  
Added by Acts 1995, 74th Leg., ch. 319, Sec. 4, eff. Sept. 1, 1995.  Subsec. (d) amended by Acts 2003, 78th Leg., ch. 13, Sec. 6, eff. Sept. 1, 2003.
    
Art. 43.15. WARRANT OF EXECUTION.  Whenever any person is sentenced to death, the clerk of the court in which the sentence is pronounced, shall within ten days after the court enters its order setting the date for execution, issue a warrant under the seal of the court for the execution of the sentence of death, which shall recite the fact of conviction, setting forth specifically the offense, the judgment of the court, the time fixed for his execution, and directed to the Director of the Department of Corrections at Huntsville, Texas, commanding him to proceed, at the time and place named in the order of execution, to carry the same into execution, as provided in the preceding Article, and shall deliver such warrant to the sheriff of the county in which such judgment of conviction was had, to be by him delivered to the said Director of the Department of Corrections, together with the condemned person if he has not previously been so delivered.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 121, eff. Sept. 1, 1981.
    
Art. 43.16. TAKEN TO DEPARTMENT OF CORRECTIONS.  Immediately upon the receipt of such warrant, the sheriff shall transport such condemned person to the Director of the Department of Corrections, if he has not already been so delivered, and shall deliver him and the warrant aforesaid into the hands of the Director of the Department of Corrections and shall take from the Director of the Department of Corrections his receipt for such person and such warrant, which receipt the sheriff shall return to the office of the clerk of the court where the judgment of death was rendered.  For his services, the sheriff shall be entitled to the same compensation as is now allowed by law to sheriffs for removing or conveying prisoners under the provisions of Section 4 of Article 1029 or 1030 of the Code of Criminal Procedure of 1925, as amended.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1981, 67th Leg., p. 812, ch. 291, Sec. 122, eff. Sept. 1, 1981.
    
Art. 43.17. VISITORS.  Upon the receipt of such condemned person by the Director of the Department of Corrections, the condemned person shall be confined therein until the time for his or her execution arrives, and while so confined, all persons outside of said prison shall be denied access to him or her, except his or her physician, lawyer, and clergyperson, who shall be admitted to see him or her when necessary for his or her health or for the transaction of business, and the relatives and friends of the condemned person, who shall be admitted to see and converse with him or her at all proper times, under such reasonable rules and regulations as may be made by the Board of Directors of the Department of Corrections.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1979, 66th Leg., p. 1181;  ch. 572, Sec. 1, eff. Aug. 27, 1979.
    
Art. 43.18.  EXECUTIONER.  The director of the Texas Department of Criminal Justice shall designate an executioner to carry out the death penalty provided by law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 911, ch. 341, Sec. 6, eff. June 19, 1975;  Acts 1977, 65th Leg., p. 288, ch. 138, Sec. 2, eff. Aug. 29, 1977.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.034, eff. September 1, 2009.
    
Art. 43.19.  PLACE OF EXECUTION.  The execution shall take place at a location designated by the Texas Department of Criminal Justice in a room arranged for that purpose.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
      
Amended by Acts 1985, 69th Leg., ch. 250, Sec. 1, eff. Aug. 26, 1985.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.035, eff. September 1, 2009.
    
Art. 43.20. PRESENT AT EXECUTION.  The following persons may be present at the execution:  the executioner, and such persons as may be necessary to assist him in conducting the execution;  the Board of Directors of the Department of Corrections, two physicians, including the prison physician, the spiritual advisor of the condemned, the chaplains of the Department of Corrections, the county judge and sheriff of the county in which the Department of Corrections is situated, and any of the relatives or friends of the condemned person that he may request, not exceeding five in number, shall be admitted.  No convict shall be permitted by the prison authorities to witness the execution.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.21. ESCAPE AFTER SENTENCE.  If the condemned escape after sentence and before his delivery to the Director of the Department of Corrections, and be not rearrested until after the time fixed for execution, any person may arrest and commit him to the jail of the county in which he was sentenced;  and thereupon the court by whom the condemned was sentenced;  either in term-time or vacation, on notice of such arrest being given by the sheriff, shall again appoint a time for the execution, not less than thirty days from such appointment, which appointment shall be by the clerk of said court immediately certified to the Director of the Department of Corrections and such clerk shall place such certificate in the hands of the sheriff, who shall deliver the same, together with the warrant aforesaid and the condemned person to the Director of the Department of Corrections, who shall receipt to the sheriff for the same and proceed at the appointed time to carry the sentence of death into execution as hereinabove provided.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.22. ESCAPE FROM DEPARTMENT OF CORRECTIONS.  If the condemned person escapes after his delivery to the Director of the Department of Corrections, and is not retaken before the time appointed for his execution, any person may arrest and commit him to the Director of the Department of Corrections whereupon the Director of the Department of Corrections shall certify the fact of his escape and recapture to the court in which sentence was passed;  and the court, either in term-time or vacation, shall again appoint a time for the execution which shall not be less than thirty days from the date of such appointment;  and thereupon the clerk of such court shall certify such appointment to the Director of the Department of Corrections, who shall proceed at the time so appointed to execute the condemned, as hereinabove provided.  The sheriff or other officer or other person performing any service under this and the preceding Article shall receive the same compensation as is provided for similar services under the provisions of Articles 1029 or 1030 of the Code of Criminal Procedure of 1925, as amended.  If for any reason execution is delayed beyond the date set, then the court which originally sentenced the defendant may set a later date for execution.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.23. RETURN OF DIRECTOR.  When the execution of sentence is suspended or respited to another date, same shall be noted on the warrant and on the arrival of such date, the Director of the Department of Corrections shall proceed with such execution;  and in case of death of any condemned person before the time for his execution arrives, or if he should be pardoned or his sentence commuted by the Governor, no execution shall be had;  but in such cases, as well as when the sentence is executed, the Director of the Department of Corrections shall return the warrant and certificate with a statement of any such act and his proceedings endorsed thereon, together with a statement showing what disposition was made of the dead body of the convict, to the clerk of the court in which the sentence was passed, who shall record the warrant and return in the minutes of the court.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.24. TREATMENT OF CONDEMNED.  No torture, or ill treatment, or unnecessary pain, shall be inflicted upon a prisoner to be executed under the sentence of the law.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.25. BODY OF CONVICT.  The body of a convict who has been legally executed shall be embalmed immediately and so directed by the Director of the Department of Corrections.  If the body is not demanded or requested by a relative or bona fide friend within forty-eight hours after execution then it shall be delivered to the Anatomical Board of the State of Texas, if requested by the Board.  If the body is requested by a relative, bona fide friend, or the Anatomical Board of the State of Texas, such recipient shall pay a fee of not to exceed twenty-five dollars to the mortician for his services in embalming the body for which the mortician shall issue to the recipient a written receipt.  When such receipt is delivered to the Director of the Department of Corrections, the body of the deceased shall be delivered to the party named in the receipt or his authorized agent.  If the body is not delivered to a relative, bona fide friend, or the Anatomical Board of the State of Texas, the Director of the Department of Corrections shall cause the body to be decently buried, and the fee for embalming shall be paid by the county in which the indictment which resulted in conviction was found.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
    
Art. 43.26. PREVENTING RESCUE.  The sheriff may, when he supposes there will be a necessity, order such number of citizens of his county, or request any military or militia company, to aid in preventing the rescue of a prisoner.
  
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.