Recording and Filing Complaints

Art. 2A.107. RECORDING AND FILING COMPLAINTS. (a) If a complaint is made before a district or county attorney that an offense has been committed in the attorney's district or county, as applicable, the attorney shall: (1) reduce the complaint to writing; (2) cause the complaint to be signed and sworn to by the complainant; (3) attest the complaint; and (4) as applicable: (A) if the offense is a misdemeanor and except as provided by Subsection (b), immediately prepare an information based on the complaint and file the information in the court having jurisdiction; or (B) if the offense is a felony, immediately file the complaint with a magistrate of the county. (b) In a county that does not have a county attorney or a criminal district court, a misdemeanor case may be tried based on complaint alone without an information. (c) For purposes of fulfilling the duties under this article, a district or county attorney may administer oaths. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.