Title CR, Code of Criminal Procedure

Art. 45A.005. PROSECUTING ATTORNEY. (a) A county or district attorney or a deputy county or district attorney shall conduct each prosecution in a justice court. (b) Except as otherwise provided by law, a district attorney or a deputy district attorney with the consent of the coun…

Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS. The primary duty of a municipal attorney is not to convict, but to see that justice is done. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025. SUBCHAPTER B. COURT RECORDS

Art. 45A.051. ELECTRONIC RECORDS. (a) Notwithstanding any other law, a document issued or maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer may be created by electronic means, including: (1) optical imaging; (2) optical disk;…

Art. 45A.052. COURT SEAL. (a) A justice or municipal court shall have a court seal. (b) The impression of the court seal must be: (1) attached to all papers issued out of the justice or municipal court except subpoenas; and (2) used to authenticate the official acts of the clerk …

Art. 45A.053. DOCKET. The justice or judge of a justice or municipal court or, if directed by the justice or judge, the clerk of the court shall keep a docket containing the following information: (1) the style and file number of each criminal action; (2) the nature of the offens…

Art. 45A.054. FILING BY MAIL. (a) Notwithstanding any other law, for purposes of this chapter, a document is considered timely filed with the clerk of a justice or municipal court if: (1) the document is deposited with the United States Postal Service in a first class postage pre…

Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY MISDEMEANORS. (a) Except as provided by Subsections (b) and (c), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense punishable by …

Art. 45A.101. COMPLAINT. (a) A complaint is sufficient, without regard to form, if the complaint substantially satisfies the following requirements: (1) is in writing; (2) begins with "In the name and by the authority of the State of Texas"; (3) either: (A) states the name of the…

Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT. If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date the trial on the merits begins, the defendant waives and forfeits the right to object to the defect, …

Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT. (a) All process issued by a municipal court: (1) may be served by a peace officer or marshal of the municipality in which the court is located; and (2) shall be served by a peace officer or marshal described by Subdivision (1)…

Art. 45A.104. ARREST WARRANT. (a) If a sworn complaint or affidavit based on probable cause has been filed before a justice or municipal court, the justice or judge may issue a warrant for the arrest of the defendant and deliver the warrant to the proper officer to be executed. (…

Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT. If a criminal offense that a justice of the peace has jurisdiction to try is committed within the view of the justice, the justice may issue a warrant for the arrest of the offender. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B…

Art. 45A.106. DEFENDANT PLACED IN JAIL. If a peace officer is authorized by this title to retain a defendant in custody, the officer may place the defendant in jail in accordance with this code or other law. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, ef…

Art. 45A.107. BAIL. (a) A justice or judge may require a defendant to give a personal bond to secure the defendant's appearance in accordance with this code. (b) A justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail …

Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER COUNTY. If a complaint is made before a justice of the peace that a felony has been committed in a county other than the county in which the complaint is made, the justice shall issue a warrant for the arrest of the defendant, dir…

Art. 45A.151. DEFENDANT'S PLEA. (a) A pleading of a defendant in a justice or municipal court may be oral or in writing as directed by the court. (b) After a jury is impaneled, or after the defendant has waived trial by jury, the defendant may enter: (1) a plea of guilty, not gui…

Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD. If a defendant refuses to plead, the justice or judge shall enter a plea of not guilty. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE GENERALLY. (a) On the entry of a plea of guilty or nolo contendere, the justice or municipal court may hear proof regarding the offense and assess the punishment. (b) A justice or judge may not accept a plea of guilty or nolo conten…

Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY DEFENDANT IN JAIL. (a) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant's right to trial b…

Art. 45A.155. JURY WAIVER. (a) A defendant may waive a trial by jury in writing. (b) If a defendant waives a trial by jury, the justice or judge shall hear and determine the case without a jury. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1,…

Art. 45A.156. JURY SUMMONED. (a) If a defendant does not waive a trial by jury, the justice or judge shall issue a writ commanding the proper officer to summon a venire from which six qualified persons shall be selected to serve as jurors in the case. (b) Jurors summoned as provi…

Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL. (a) A justice or municipal court may order a defendant who does not waive a jury trial in a justice or municipal court and who fails to appear for the trial to pay a reimbursement fee for the costs incurred for impaneling the jury. …

Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL. (a) If an attorney representing the state is not present when the case is called for trial, the justice or judge may: (1) postpone the trial to a specified date; (2) temporarily appoint any competent attorney to per…

Art. 45A.159. JURY SELECTION AND FORMATION. (a) In a jury trial in a justice or municipal court, the state, and each defendant in the case, is entitled to three peremptory challenges. (b) The justice or judge shall form the jury and administer the appropriate oath in accordance w…

Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY. The defendant has a right to appear by an attorney as in all other cases. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 45A.161. ORDER OF ARGUMENT. The attorney representing the state may open and conclude the argument in the case. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 45A.162. DIRECTED VERDICT. If, on the trial of a case in a justice or municipal court, the state fails to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of not guilty. Added by Acts 2023, 88th Leg., R.S., Ch.…

Art. 45A.163. JURY CHARGE. (a) The judge shall charge the jury. (b) The charge may be made orally or in writing, except that the charge shall be made in writing if required by other law. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION. When the case is submitted to the jury, the jury shall retire in the charge of an officer and be kept together until: (1) the jury agrees to a verdict; (2) the jury is discharged; or (3) the court recesses. Added by Acts 2023,…

Art. 45A.165. MISTRIAL. (a) A justice or municipal court shall discharge a jury if the jury fails to agree to a verdict after being kept together a reasonable period. (b) If a jury is discharged under Subsection (a), the justice or judge may impanel another jury as soon as practi…

Art. 45A.166. VERDICT. (a) When the jury has agreed on a verdict, the jury shall bring the verdict into court. (b) The justice or judge shall ensure that the verdict is in the proper form and impose the proper judgment and sentence on the verdict. Added by Acts 2023, 88th Leg., R…

Art. 45A.201. NEW TRIAL. (a) A motion for a new trial must be made not later than the fifth day after the imposition of judgment and sentence. (b) Subject to Subsection (e), not later than the 10th day after the date that the judgment is entered, a justice or judge may grant the …

Art. 45A.202. APPEAL. (a) An appeal from a justice or municipal court, including an appeal from a final judgment in a bond forfeiture proceeding, shall be heard by the county court or, if the county court has no jurisdiction over the case, the proper court in the county. (b) A de…

Art. 45A.203. APPEAL BOND. (a) An appeal is perfected when the appeal bond has been filed: (1) with the justice or judge who tried the case; and (2) not later than the 10th day after the date the judgment was entered. (b) If an appeal bond is not timely filed, the appellate court…

Art. 45A.204. EFFECT OF APPEAL. All further proceedings in the case in the justice or municipal court must cease when a defendant files the appeal bond required by law with the justice or municipal court. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. …

Art. 45A.251. JUDGMENT. (a) The judgment and sentence for a conviction in a criminal action before a justice or judge is that the defendant pay the amount of the fine and costs to the state. (a-1) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 10.10, eff. Decem…

Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR COSTS. (a) Notwithstanding any other provision of this article, Article 45A.251, or Article 45A.253, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by…

Art. 45A.253. DISCHARGING FINES OR COSTS. (a) In imposing a fine and costs, the justice or judge shall allow the defendant to pay the fine and costs in specified portions at designated intervals if the justice or judge determines that the defendant is unable to immediately pay th…

Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR COSTS. (a) A justice or judge may require a defendant who fails to pay a previously assessed fine or cost, or who is determined by the court to have insufficient resources or income to pay a fine or cost, to discharge all or par…

Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES INVOLVING DEFERRED DISPOSITION. (a) This article applies only to a defendant who is a resident of this state and who is charged with: (1) a traffic offense; or (2) an offense under Section 106.05, Alcoholic Beverage Code. (b) If un…

Art. 45A.256. FORFEITURE OF CASH BOND TO SATISFY FINES AND COSTS; MOTION FOR NEW TRIAL. (a) A justice or judge may enter a judgment of conviction and forfeit a cash bond posted by the defendant to satisfy the defendant's fine and costs if the defendant: (1) has entered a written …

Art. 45A.257. WAIVER OF PAYMENT OF FINES AND COSTS. (a) A municipal court, regardless of whether the court is a court of record, or a justice court may waive payment of all or part of a fine imposed on a defendant if the court determines that: (1) the defendant: (A) is indigent o…

Art. 45A.258. RECONSIDERATION OF SATISFACTION OF FINES OR COSTS. (a) If the defendant notifies the justice or judge that the defendant has difficulty paying the fine and costs in compliance with the judgment, the justice or judge shall hold a hearing to determine whether the judg…

Art. 45A.259. CAPIAS PRO FINE. (a) If the defendant is not in custody when the judgment is imposed or if the defendant fails to satisfy the judgment according to the terms of the judgment, the court may order a capias pro fine, as defined by Article 43.015, issued for the defenda…

Art. 45A.260. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE. If the justice or judge determines that requiring a defendant to appear before the justice or judge in person for a hearing under Article 45A.258 or 45A.259 would impose an undue hardship on the defendant, the justice or j…

Art. 45A.261. COMMITMENT. (a) If a judgment and sentence have been entered against a defendant and the defendant defaults in the discharge of the judgment, the judge may order the defendant confined in jail until discharged by law if the judge at a hearing makes a written determi…