Title CR, Code of Criminal Procedure

Art. 2A.005. RAILROAD PEACE OFFICERS. (a) In this article: (1) "Commission" means the Texas Commission on Law Enforcement. (2) "Department" means the Department of Public Safety of the State of Texas. (b) The director of the department may appoint not more than 250 railroad peace…

Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. (a) In this article: (1) "Association" means the Texas and Southwestern Cattle Raisers Association. (2) "Commission" means the Texas Commission on Law Enforcement. (3) "Department" means the Depart…

Art. 2A.007. ADJUNCT POLICE OFFICERS. (a) With the consent of the governing board of a private institution of higher education located in a county with a population of less than 200,000, the chief of police of a municipality in that county or the sheriff of that county, if the in…

Art. 2A.008. SCHOOL MARSHALS. (a) In this article, "private school" means a school that: (1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; (2) is not operated by a governmental entity; and (3) is not a school whose studen…

Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS. Each peace officer shall: (1) preserve the peace within the officer's jurisdiction using all lawful means; (2) in every case authorized by this code, interfere without a warrant to prevent or suppress crime; (3) execute al…

Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES; CIVIL PENALTY. (a) In this article: (1) "Establishment serving the public" means: (A) a hotel, motel, or other place of lodging; (B) a restaurant or other place where food is offered for sale to the public; (C) a retail business o…

Art. 2A.053. SUMMONING AID. (a) A peace officer who meets resistance while discharging a duty imposed on the officer by law shall summon a number of residents of the officer's county sufficient to overcome that resistance. (b) A person summoned by a peace officer under Subsection…

Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER. A peace officer who summons a person to assist the peace officer in performing any duty shall, if the person refuses, report the person to the proper district or county attorney for prosecution. Added by Acts 2023, 88th Leg., R.S., Ch…

Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS. (a) A sheriff or other officer who wilfully refuses or neglects to execute any summons, subpoena, or attachment for a witness or any other legal process the officer has a duty to execute is liable for a fine for contempt in an amo…

Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT. (a) In this article, "department" means the Department of Family and Protective Services. (b) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list establ…

Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION. (a) In this article, "department" means the Department of Family and Protective Services. (b) A peace officer from the appropriate local law enforcement agency shall, on receipt of a report, i…

Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. (a) A law enforcement officer who takes possession of a child under Section 262.104, Family Code, may release the child to: (1) a residential child-care facility licensed by the Department of Family and Protective Services…

Art. 2A.0585. DUTIES OF PEACE OFFICER INVESTIGATING STALKING, HARASSMENT, OR TERRORISTIC THREAT. (a) In this article: (1) "Harassment" means any conduct that constitutes an offense under Section 42.07, Penal Code. (2) "Stalking" means any conduct that constitutes an offense under…

Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY. (a) Subject to Subsection (b), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer …

Art. 2A.060. IMMIGRATION DETAINER REQUESTS. (a) A law enforcement agency that has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement shall: (1) comply with, honor, and fulfill any request made in the detainer…

Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS. On receiving information that a person's identifying information was falsely given by an arrested person as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying informat…

Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS IDENTIFICATION. (a) In this article, "law enforcement agency" means an agency of the state or of a political subdivision of the state authorized by law to employ peace officers. (b) The Texas Commission on Law Enforcement shall es…

Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE. A sheriff is a conservator of the peace in the sheriff's county and shall: (1) arrest each person who commits an offense in the view or hearing of the sheriff and take the offender before the proper court for examination or trial;…

Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF DEFENDANTS. (a) Except as provided by Subsection (b), a sheriff shall place in jail a defendant committed to jail by a warrant from a magistrate or court. (b) A sheriff may permit a defendant committed to jail by a warrant from …

Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE SHERIFF'S DUTIES. (a) A sheriff's deputy may perform any duty imposed on the sheriff under this code. (b) If there is no sheriff in a county, the duties of the sheriff's office relating to criminal law are conferred on the officer…

Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER. (a) A jailer licensed under Chapter 1701, Occupations Code, who has successfully completed a training program provided by the sheriff may execute lawful process issued to the jailer by any magistrate or court on a person confine…

Art. 2A.067. PROVISION OF CERTAIN INFORMATION TO ATTORNEY GENERAL. (a) A law enforcement agency that submits to the office of a district attorney, criminal district attorney, or county attorney a report stating there is probable cause to believe an identified person has committed…

Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING STATE. (a) The primary duty of an attorney representing the state, including a special prosecutor, is not to convict but to see that justice is done. (b) An attorney representing the state, including a special prosecutor, may …

Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS. (a) Each district attorney shall represent the state in all criminal cases in the district courts of the attorney's district and in appeals from those cases. (b) Unless prevented by other official duties, a district attorney shall repres…

Art. 2A.103. DUTIES OF COUNTY ATTORNEYS. (a) Each county attorney shall attend the terms of court for trial courts other than district courts in the attorney's county and represent the state in all criminal cases under examination or prosecution in that county. (b) In the absence…

Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY. (a) In this article, "attorney representing the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney. (b) If an attorney representing the state is disqualified to act in any…

Art. 2A.105. GROUNDS FOR DISQUALIFICATION. (a) A district attorney may not represent the state in a criminal case in which the attorney has been, before the attorney's election, employed adversely to the state. (b) A district or county attorney may not: (1) be of counsel adversel…

Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF LAW. (a) An attorney representing the state shall present to the court with jurisdiction an information charging an officer with neglect or failure of duty if: (1) the attorney learns that the officer has neglected or failed t…

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 t…

Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN CASES. (a) In this article, "assistance" includes investigative, technical, and litigation assistance. (b) The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the…

Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN CASES. The attorney representing the state may request the Texas Rangers division of the Department of Public Safety to provide assistance, including investigative, technical, and administrative assistance, to a local law enforc…

Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE OF CERTAIN INDICTMENTS. (a) This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative findi…

Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY. (a) In this article: (1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction. (2) "Correctional facility" has the meaning assigned by Section 1.0…

Art. 2A.112. INVESTIGATION OF OPEN MEETING OFFENSES. (a) A district attorney, criminal district attorney, or county attorney representing the state in the prosecution of a criminal offense under Chapter 551, Government Code, may request the assistance of the open records division…

Art. 2A.151. TYPES OF MAGISTRATES. The following officers are magistrates for purposes of this code: (1) a justice of the supreme court; (2) a judge of the court of criminal appeals; (3) a justice of the courts of appeals; (4) a judge of a district court; (5) an associate judge a…

Art. 2A.152. GENERAL DUTIES OF MAGISTRATES. Each magistrate shall: (1) preserve the peace within the magistrate's jurisdiction using all lawful means; (2) issue all process intended to aid in preventing and suppressing crime; and (3) cause the arrest of offenders using lawful mea…

Art. 2A.1521. MAGISTRATE'S NAME ON SIGNED ORDER. (a) Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, the Government Code, or other law of this state must incl…

Art. 2A.153. GENERAL DUTIES OF CLERKS. (a) 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. (b) In a criminal…

Art. 2A.154. DEPUTY CLERKS. A deputy clerk of a district or county court may perform any duty imposed on the clerk of that court. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS. (a) In this article, "eligible exhibit" means an exhibit filed with the clerk of a court 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 an…

Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND CONTRABAND TO LAW ENFORCEMENT. (a) 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…

Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH CERTAIN OFFENSES INVOLVING SENSITIVE INFORMATION. (a) A peace officer to whom an alleged violation of Section 31.17 or 32.51, Penal Code, is reported shall make to the law enforcement agency that employs the officer a written…

Art. 2A.202. PEACE OFFICERS: 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 Sectio…

Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS INFORMATION. Not later than the 30th day after the date a court clerk issues a warrant or capias, the sheriff: (1) shall report to the National Crime Information Center each warrant or capias issued for a defendant charged with a…

Art. 2A.204. SHERIFFS: REPORT ON PRISONERS. On the first day of each month, the sheriff shall give written notice to the district or county attorney, as applicable, of each prisoner in the sheriff's custody, including: (1) the name of each prisoner; and (2) the authority under wh…

Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article: (1) "Deadly weapon" means: (A) a firearm or any object manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) any object…