Texas 2023 - 88th Regular

Texas House Bill HB4504 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4504
2	2
3	3
4	4	AN ACT
5	5	relating to the nonsubstantive revision of certain provisions of
6	6	the Code of Criminal Procedure, including conforming amendments.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
9	9	CODE OF CRIMINAL PROCEDURE
10	10	SECTION 1.001. Title 1, Code of Criminal Procedure, is
11	11	amended by adding Chapters 2A, 2B, 13A, 31A, 45A, and 55A to read as follows:
12	12	CHAPTER 2A. OFFICERS; POWERS AND DUTIES
13	13	SUBCHAPTER A. TYPES OF PEACE OFFICERS
14	14	Art. 2A.001. PEACE OFFICERS GENERALLY
15	15	Art. 2A.002. SPECIAL INVESTIGATORS
16	16	Art. 2A.003. PEACE OFFICERS COMMISSIONED BY TRIBAL
17	17	COUNCIL
18	18	Art. 2A.004. PEACE OFFICERS FROM ADJOINING STATES
19	19	Art. 2A.005. RAILROAD PEACE OFFICERS
20	20	Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN
21	21	CATTLE RAISERS ASSOCIATION
22	22	Art. 2A.007. ADJUNCT POLICE OFFICERS
23	23	Art. 2A.008. SCHOOL MARSHALS
24	24	SUBCHAPTER B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW
25	25	ENFORCEMENT AGENCIES
26	26	Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE
27	27	OFFICERS
28	28	Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES;
29	29	CIVIL PENALTY
30	30	Art. 2A.053. SUMMONING AID
31	31	Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER
32	32	Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS
33	33	Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT
34	34	Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING
35	35	ABUSE, NEGLECT, OR EXPLOITATION
36	36	Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT
37	37	OFFICER
38	38	Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY
39	39	Art. 2A.060. IMMIGRATION DETAINER REQUESTS
40	40	Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS
41	41	Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS
42	42	IDENTIFICATION
43	43	Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE
44	44	Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF
45	45	DEFENDANTS
46	46	Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE
47	47	SHERIFF'S DUTIES
48	48	Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER
49	49	SUBCHAPTER C. ATTORNEYS REPRESENTING STATE
50	50	Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING
51	51	STATE
52	52	Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS
53	53	Art. 2A.103. DUTIES OF COUNTY ATTORNEYS
54	54	Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY
55	55	Art. 2A.105. GROUNDS FOR DISQUALIFICATION
56	56	Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF
57	57	LAW
58	58	Art. 2A.107. RECORDING AND FILING COMPLAINTS
59	59	Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN
60	60	CASES
61	61	Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN
62	62	CASES
63	63	Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF
64	64	CRIMINAL JUSTICE OF CERTAIN INDICTMENTS
65	65	Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY
66	66	SUBCHAPTER D. MAGISTRATES AND CLERKS
67	67	Art. 2A.151. TYPES OF MAGISTRATES
68	68	Art. 2A.152. GENERAL DUTIES OF MAGISTRATES
69	69	Art. 2A.153. GENERAL DUTIES OF CLERKS
70	70	Art. 2A.154. DEPUTY CLERKS
71	71	Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS
72	72	Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND
73	73	CONTRABAND TO LAW ENFORCEMENT
74	74	SUBCHAPTER E. REPORTING DUTIES
75	75	Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH
76	76	CERTAIN OFFENSES INVOLVING SENSITIVE
77	77	INFORMATION
78	78	Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN
79	79	ASSAULTIVE OR TERRORISTIC OFFENSES
80	80	Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS
81	81	INFORMATION
82	82	Art. 2A.204. SHERIFFS: REPORT ON PRISONERS
83	83	Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
84	84	CONCERNING HUMAN TRAFFICKING CASES
85	85	Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR
86	86	OFFICER-INVOLVED INJURIES OR DEATHS
87	87	Art. 2A.207. LAW ENFORCEMENT AGENCIES: REPORT FOR
88	88	CERTAIN INJURIES OR DEATHS OF PEACE
89	89	OFFICERS
90	90	Art. 2A.208. NOTICE OF VIOLATION OF REPORTING
91	91	REQUIREMENTS FOR CERTAIN INJURIES OR
92	92	DEATHS; CIVIL PENALTY
93	93	Art. 2A.209. DUTIES OF LAW ENFORCEMENT AGENCY FILING
94	94	CASE
95	95	Art. 2A.210. JUDGES: REPORTING OF CERTAIN ALIENS TO
96	96	FEDERAL GOVERNMENT
97	97	Art. 2A.211. CLERKS: HATE CRIME REPORTING
98	98	Art. 2A.212. CLERKS: WRIT OF ATTACHMENT REPORTING
99	99	Art. 2A.213. CLERKS, STATE AGENCIES, AND ATTORNEYS
100	100	REPRESENTING STATE: REPORT TO ATTORNEY
101	101	GENERAL
102	102	CHAPTER 2A. OFFICERS; POWERS AND DUTIES
103	103	SUBCHAPTER A. TYPES OF PEACE OFFICERS
104	104	Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
105	105	peace officers:
106	106	(1) a sheriff, a sheriff's deputy, or a reserve deputy
107	107	sheriff who holds a permanent peace officer license issued under
108	108	Chapter 1701, Occupations Code;
109	109	(2) a constable, a deputy constable, or a reserve
110	110	deputy constable who holds a permanent peace officer license issued
111	111	under Chapter 1701, Occupations Code;
112	112	(3) a marshal or police officer of a municipality or a
113	113	reserve municipal police officer who holds a permanent peace
114	114	officer license issued under Chapter 1701, Occupations Code;
115	115	(4) a ranger, officer, or member of the reserve
116	116	officer corps commissioned by the Public Safety Commission and the
117	117	director of the Department of Public Safety;
118	118	(5) an investigator of a district attorney's, criminal
119	119	district attorney's, or county attorney's office;
120	120	(6) a law enforcement agent of the Texas Alcoholic
121	121	Beverage Commission;
122	122	(7) a member of an arson investigating unit
123	123	commissioned by a municipality, a county, or the state;
124	124	(8) an officer commissioned under Section 37.081,
125	125	Education Code, or Subchapter E, Chapter 51, Education Code;
126	126	(9) an officer commissioned by the Texas Facilities
127	127	Commission;
128	128	(10) a law enforcement officer commissioned by the
129	129	Parks and Wildlife Commission;
130	130	(11) an officer commissioned under Chapter 23,
131	131	Transportation Code;
132	132	(12) a municipal park and recreational patrol officer
133	133	or security officer;
134	134	(13) a security officer or investigator commissioned
135	135	as a peace officer by the comptroller;
136	136	(14) an officer commissioned by a water control and
137	137	improvement district under Section 49.216, Water Code;
138	138	(15) an officer commissioned by a board of trustees
139	139	under Chapter 54, Transportation Code;
140	140	(16) an investigator commissioned by the Texas Medical
141	141	Board;
142	142	(17) an officer commissioned by:
143	143	(A) the board of managers of the Dallas County
144	144	Hospital District, the Tarrant County Hospital District, the Bexar
145	145	County Hospital District, or the El Paso County Hospital District
146	146	under Section 281.057, Health and Safety Code;
147	147	(B) the board of directors of the Ector County
148	148	Hospital District under Section 1024.117, Special District Local
149	149	Laws Code;
150	150	(C) the board of directors of the Midland County
151	151	Hospital District of Midland County, Texas, under Section 1061.121,
152	152	Special District Local Laws Code; or
153	153	(D) the board of hospital managers of the Lubbock
154	154	County Hospital District of Lubbock County, Texas, under Section
155	155	1053.113, Special District Local Laws Code;
156	156	(18) a county park ranger commissioned under
157	157	Subchapter E, Chapter 351, Local Government Code;
158	158	(19) an investigator employed by the Texas Racing
159	159	Commission;
160	160	(20) an officer commissioned under Chapter 554,
161	161	Occupations Code;
162	162	(21) an officer commissioned by the governing body of
163	163	a metropolitan rapid transit authority under Section 451.108,
164	164	Transportation Code, or a regional transportation authority under
165	165	Section 452.110, Transportation Code;
166	166	(22) an investigator commissioned by the attorney
167	167	general under Section 402.009, Government Code;
168	168	(23) a security officer or investigator commissioned
169	169	as a peace officer under Chapter 466, Government Code;
170	170	(24) an officer appointed by an appellate court under
171	171	Subchapter F, Chapter 53, Government Code;
172	172	(25) an officer commissioned by the state fire marshal
173	173	under Chapter 417, Government Code;
174	174	(26) an investigator commissioned by the commissioner
175	175	of insurance under Section 701.104, Insurance Code;
176	176	(27) an apprehension specialist or inspector general
177	177	commissioned by the Texas Juvenile Justice Department as an officer
178	178	under Section 242.102 or 243.052, Human Resources Code;
179	179	(28) an officer appointed by the inspector general of
180	180	the Texas Department of Criminal Justice under Section 493.019,
181	181	Government Code;
182	182	(29) an investigator commissioned by the Texas
183	183	Commission on Law Enforcement under Section 1701.160, Occupations
184	184	Code;
185	185	(30) a fire marshal or any related officer, inspector,
186	186	or investigator commissioned by a county under Subchapter B,
187	187	Chapter 352, Local Government Code;
188	188	(31) a fire marshal or any officer, inspector, or
189	189	investigator commissioned by an emergency services district under
190	190	Chapter 775, Health and Safety Code;
191	191	(32) an officer commissioned by the State Board of
192	192	Dental Examiners under Section 254.013, Occupations Code, subject
193	193	to the limitations imposed by that section; and
194	194	(33) an investigator commissioned by the Texas
195	195	Juvenile Justice Department as an officer under Section 221.011,
196	196	Human Resources Code. (Code Crim. Proc., Art. 2.12.)
197	197	Art. 2A.002. SPECIAL INVESTIGATORS. (a) The following
198	198	criminal investigators of the United States are not peace officers
199	199	but have the powers of arrest, search, and seizure under the laws of
200	200	this state as to felony offenses only:
201	201	(1) a special agent of the Federal Bureau of
202	202	Investigation;
203	203	(2) a special agent of the Secret Service;
204	204	(3) a special agent of United States Immigration and
205	205	Customs Enforcement;
206	206	(4) a special agent of the Bureau of Alcohol, Tobacco,
207	207	Firearms and Explosives;
208	208	(5) a special agent of the United States Drug
209	209	Enforcement Administration;
210	210	(6) an inspector of the United States Postal
211	211	Inspection Service;
212	212	(7) a special agent of the Criminal Investigation
213	213	Division of the Internal Revenue Service;
214	214	(8) a civilian special agent of the United States
215	215	Naval Criminal Investigative Service;
216	216	(9) a marshal or deputy marshal of the United States
217	217	Marshals Service;
218	218	(10) a special agent of the United States Department
219	219	of State, Bureau of Diplomatic Security;
220	220	(11) a special agent of the Treasury Inspector General
221	221	for Tax Administration;
222	222	(12) a special agent of the Office of Inspector
223	223	General of the United States Social Security Administration;
224	224	(13) a special agent of the Office of Inspector
225	225	General of the United States Department of Veterans Affairs;
226	226	(14) a special agent of the Office of Inspector
227	227	General of the United States Department of Agriculture;
228	228	(15) a special agent of the Office of Export
229	229	Enforcement of the United States Department of Commerce;
230	230	(16) a special agent of the Criminal Investigation
231	231	Command of the United States Army;
232	232	(17) a special agent of the Office of Special
233	233	Investigations of the United States Air Force; and
234	234	(18) a police officer with the Office of Security and
235	235	Law Enforcement of the United States Department of Veterans
236	236	Affairs.
237	237	(b) An officer or agent designated by the Secretary of
238	238	Homeland Security under 40 U.S.C. Section 1315 for duty in
239	239	connection with the protection of property owned or occupied by the
240	240	federal government and persons on the property is not a peace
241	241	officer but has the powers of arrest, search, and seizure as to any
242	242	offense under the laws of this state.
243	243	(c) A customs and border protection officer or border patrol
244	244	agent of United States Customs and Border Protection or an
245	245	immigration enforcement agent or deportation officer of the
246	246	Department of Homeland Security is not a peace officer under the
247	247	laws of this state but, on the premises of a port facility
248	248	designated by the commissioner of United States Customs and Border
249	249	Protection as a port of entry for arrival in the United States by
250	250	land transportation from the United Mexican States into this state
251	251	or at a permanent established border patrol traffic checkpoint, has
252	252	the authority to detain a person pending transfer without
253	253	unnecessary delay to a peace officer if the agent or officer has
254	254	probable cause to believe that the person has engaged in conduct
255	255	that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal
256	256	Code, regardless of whether the violation may be disposed of in a
257	257	criminal proceeding or a juvenile justice proceeding.
258	258	(d) A commissioned law enforcement officer of the National
259	259	Park Service is not a peace officer under the laws of this state but
260	260	has the powers of arrest, search, and seizure as to any offense
261	261	under the laws of this state committed in a national park or
262	262	national recreation area. In this subsection, "national park or
263	263	national recreation area" means a national park or national
264	264	recreation area included in the National Park System as defined by
265	265	54 U.S.C. Section 100102.
266	266	(e) A special agent or law enforcement officer of the United
267	267	States Forest Service is not a peace officer under the laws of this
268	268	state but has the powers of arrest, search, and seizure as to any
269	269	offense under the laws of this state committed in the National
270	270	Forest System, as that term is defined by 16 U.S.C. Section 1609.
271	271	(f) Security personnel working at a commercial nuclear
272	272	power plant, including contract security personnel, trained and
273	273	qualified under a security plan approved by the United States
274	274	Nuclear Regulatory Commission, are not peace officers under the
275	275	laws of this state but have the powers of arrest, search, and
276	276	seizure, including the powers under Section 9.51, Penal Code, while
277	277	in the performance of duties on the premises of a commercial nuclear
278	278	power plant site or under an agreement entered into with local law
279	279	enforcement regarding areas surrounding the plant site.
280	280	(g) In addition to the powers of arrest, search, and seizure
281	281	under Subsection (a), a special agent of the Secret Service
282	282	protecting or investigating a threat against a person described by
283	283	18 U.S.C. Section 3056(a) has the powers of arrest, search, and
284	284	seizure as to:
285	285	(1) a misdemeanor offense under the laws of this
286	286	state; and
287	287	(2) any criminal offense under federal law. (Code
288	288	Crim. Proc., Art. 2.122.)
289	289	Art. 2A.003. PEACE OFFICERS COMMISSIONED BY TRIBAL COUNCIL.
290	290	(a) The tribal council of the Alabama-Coushatta Tribe of Texas or
291	291	of the Kickapoo Traditional Tribe of Texas may employ and
292	292	commission peace officers to enforce state law within the
293	293	respective tribe's reservation.
294	294	(b) A peace officer commissioned under this article has all
295	295	the powers, privileges, and immunities of a peace officer and may:
296	296	(1) within the tribe's reservation:
297	297	(A) arrest without a warrant in accordance with
298	298	Chapter 14 any person who violates a law of the state; and
299	299	(B) enforce all traffic laws on streets and
300	300	highways; and
301	301	(2) outside the tribe's reservation, arrest any person
302	302	who violates any law of the state if the officer:
303	303	(A) is summoned by another law enforcement agency
304	304	to provide assistance; or
305	305	(B) is assisting another law enforcement agency.
306	306	(c) A peace officer commissioned under this article is not
307	307	entitled to state benefits normally provided by the state to a peace
308	308	officer.
309	309	(d) A peace officer commissioned under this article must
310	310	meet:
311	311	(1) the minimum standards required of peace officers
312	312	by the Texas Commission on Law Enforcement relating to competence,
313	313	reliability, education, training, morality, and physical and
314	314	mental health; and
315	315	(2) all standards for licensing as a peace officer by
316	316	the Texas Commission on Law Enforcement.
317	317	(e) A peace officer commissioned under this article and
318	318	assigned to duty shall:
319	319	(1) take and file the oath required of a peace officer;
320	320	and
321	321	(2) execute and file a good and sufficient bond in the
322	322	sum of $1,000, payable to the governor, with two or more good and
323	323	sufficient sureties, conditioned that the officer will fairly,
324	324	impartially, and faithfully perform the officer's duties as may be
325	325	required by law.
326	326	(f) The bond required under Subsection (e)(2) may be sued on
327	327	in the name of the person injured until the whole amount is
328	328	recovered. (Code Crim. Proc., Art. 2.126.)
329	329	Art. 2A.004. PEACE OFFICERS FROM ADJOINING STATES. (a) A
330	330	commissioned peace officer of a state adjoining this state, while
331	331	the officer is in this state, has the same powers, duties, and
332	332	immunities as a peace officer of this state who is acting in the
333	333	discharge of an official duty, but:
334	334	(1) only:
335	335	(A) during a time in which the officer has
336	336	physical custody of an inmate or criminal defendant and is:
337	337	(i) transporting the inmate or defendant
338	338	from a county in the adjoining state that is on the border between
339	339	the two states to a hospital or other medical facility in a county
340	340	in this state that is on the border between the two states; or
341	341	(ii) returning the inmate or defendant from
342	342	the hospital or facility described by Subparagraph (i) to the
343	343	county in the adjoining state from which the inmate or defendant was
344	344	transported under that subparagraph; and
345	345	(B) to the extent necessary to:
346	346	(i) maintain physical custody of an inmate
347	347	or criminal defendant while transporting the inmate or defendant;
348	348	or
349	349	(ii) regain physical custody of an inmate
350	350	or criminal defendant if the inmate or defendant escapes while
351	351	being transported; or
352	352	(2) only while the officer is:
353	353	(A) in a municipality some part of the municipal
354	354	limits of which are within one mile of the boundary between this
355	355	state and the adjoining state; and
356	356	(B) regularly assigned to duty in a county,
357	357	parish, or municipality that adjoins this state.
358	358	(b) A peace officer described by Subsection (a)(2) may also
359	359	enforce the ordinances of a municipality in this state described by
360	360	that subdivision if the governing body of the municipality
361	361	authorizes that enforcement by majority vote at an open meeting.
362	362	(Code Crim. Proc., Art. 2.124.)
363	363	Art. 2A.005. RAILROAD PEACE OFFICERS. (a) In this article:
364	364	(1) "Commission" means the Texas Commission on Law
365	365	Enforcement.
366	366	(2) "Department" means the Department of Public Safety
367	367	of the State of Texas.
368	368	(b) The director of the department may appoint not more than
369	369	250 railroad peace officers employed by a railroad company to aid
370	370	law enforcement agencies in the protection of railroad property and
371	371	the persons and property of railroad passengers and employees.
372	372	(c) Except as provided by Subsection (d), a railroad peace
373	373	officer may make arrests and exercise all authority given peace
374	374	officers under this code when necessary to:
375	375	(1) prevent or abate the commission of an offense
376	376	involving:
377	377	(A) injury to passengers or employees of the
378	378	railroad; or
379	379	(B) damage to railroad property; or
380	380	(2) protect railroad property or property in the
381	381	custody or control of the railroad.
382	382	(d) A railroad peace officer may not issue a traffic
383	383	citation for a violation of Chapter 521, Transportation Code, or
384	384	Subtitle C, Title 7, Transportation Code.
385	385	(e) A railroad peace officer is not entitled to state
386	386	benefits normally provided by the state to a peace officer.
387	387	(f) A person may not serve as a railroad peace officer for a
388	388	railroad company unless:
389	389	(1) the Texas Railroad Association submits the
390	390	person's application for appointment and licensing as a railroad
391	391	peace officer to the director of the department and to the executive
392	392	director of the commission;
393	393	(2) the director of the department issues the person a
394	394	certificate of authority to act as a railroad peace officer;
395	395	(3) the executive director of the commission:
396	396	(A) determines that the person meets minimum
397	397	standards required of peace officers by the commission relating to
398	398	competence, reliability, education, training, morality, and
399	399	physical and mental health; and
400	400	(B) issues the person a license as a railroad
401	401	peace officer; and
402	402	(4) the person has met all standards for licensing as a
403	403	peace officer by the commission.
404	404	(g) For good cause, the director of the department may
405	405	revoke a certificate of authority issued under this article and the
406	406	executive director of the commission may revoke a license issued
407	407	under this article.
408	408	(h) Termination of employment with a railroad company, or
409	409	the revocation of a railroad peace officer license, constitutes an
410	410	automatic revocation of a certificate of authority to act as a
411	411	railroad peace officer.
412	412	(i) A railroad company is liable for any act or omission by a
413	413	person serving as a railroad peace officer for the company that
414	414	occurs within the scope of the person's employment.
415	415	(j) The state or any political subdivision or agency of the
416	416	state is not liable for any act or omission by a person appointed as
417	417	a railroad peace officer.
418	418	(k) A railroad company that employs a railroad peace officer
419	419	shall pay all expenses associated with granting or revoking the
420	420	certificate of authority to act as a railroad peace officer.
421	421	(l) A railroad peace officer who is a member of a railroad
422	422	craft may not perform the duties of a member of any other railroad
423	423	craft during a strike or labor dispute.
424	424	(m) The director of the department and the executive
425	425	director of the commission may adopt rules necessary for the
426	426	effective administration and performance of the duties delegated to
427	427	the director and the executive director by this article. (Code
428	428	Crim. Proc., Art. 2.121; New.)
429	429	Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN
430	430	CATTLE RAISERS ASSOCIATION. (a) In this article:
431	431	(1) "Association" means the Texas and Southwestern
432	432	Cattle Raisers Association.
433	433	(2) "Commission" means the Texas Commission on Law
434	434	Enforcement.
435	435	(3) "Department" means the Department of Public Safety
436	436	of the State of Texas.
437	437	(b) The director of the department may appoint not more than
438	438	50 special rangers employed by the association to aid law
439	439	enforcement agencies in the investigation of the theft of livestock
440	440	or related property.
441	441	(c) Except as provided by Subsection (d), a special ranger
442	442	may make arrests and exercise all authority given peace officers
443	443	under this code when necessary to prevent or abate the commission of
444	444	an offense involving livestock or related property.
445	445	(d) A special ranger may not issue a traffic citation for a
446	446	violation of Chapter 521, Transportation Code, or Subtitle C, Title
447	447	7, Transportation Code.
448	448	(e) A special ranger is not entitled to state benefits
449	449	normally provided by the state to a peace officer.
450	450	(f) A person may not serve as a special ranger unless:
451	451	(1) the association submits the person's application
452	452	for appointment and licensing as a special ranger to the director of
453	453	the department and to the executive director of the commission;
454	454	(2) the director of the department issues the person a
455	455	certificate of authority to act as a special ranger;
456	456	(3) the executive director of the commission:
457	457	(A) determines that the person meets minimum
458	458	standards required of peace officers by the commission relating to
459	459	competence, reliability, education, training, morality, and
460	460	physical and mental health; and
461	461	(B) issues the person a license as a special
462	462	ranger; and
463	463	(4) the person has met all standards for licensing as a
464	464	peace officer by the commission.
465	465	(g) For good cause, the director of the department may
466	466	revoke a certificate of authority issued under this article and the
467	467	executive director of the commission may revoke a license issued
468	468	under this article.
469	469	(h) Termination of employment with the association, or the
470	470	revocation of a special ranger license, constitutes an automatic
471	471	revocation of a certificate of authority to act as a special ranger.
472	472	(i) The association is liable for any act or omission by a
473	473	person serving as a special ranger for the association that occurs
474	474	within the scope of the person's employment.
475	475	(j) The state or any political subdivision or agency of the
476	476	state is not liable for any act or omission by a person appointed as
477	477	a special ranger.
478	478	(k) The association shall pay all expenses associated with
479	479	granting or revoking a certificate of authority to act as a special
480	480	ranger.
481	481	(l) The director of the department and the executive
482	482	director of the commission may adopt rules necessary for the
483	483	effective administration and performance of the duties delegated to
484	484	the director and the executive director by this article. (Code
485	485	Crim. Proc., Art. 2.125; New.)
486	486	Art. 2A.007. ADJUNCT POLICE OFFICERS. (a) With the consent
487	487	of the governing board of a private institution of higher education
488	488	located in a county with a population of less than 200,000, the
489	489	chief of police of a municipality in that county or the sheriff of
490	490	that county, if the institution is outside the corporate limits of a
491	491	municipality, that has jurisdiction over the geographical area of
492	492	the institution may appoint not more than 50 peace officers
493	493	commissioned under Section 51.212, Education Code, and employed by
494	494	the institution to serve as adjunct police officers of the
495	495	municipality or county, as applicable.
496	496	(b) An adjunct police officer appointed under this article:
497	497	(1) shall aid law enforcement agencies in the
498	498	protection of the municipality or county in the geographical area
499	499	designated under Subsection (c);
500	500	(2) may make arrests and exercise all authority given
501	501	peace officers under this code only within the geographical area
502	502	designated under Subsection (c); and
503	503	(3) has all the rights, privileges, and immunities of
504	504	a peace officer but is not entitled to state compensation and
505	505	retirement benefits normally provided by the state to a peace
506	506	officer.
507	507	(c) A chief of police or sheriff who appoints an adjunct
508	508	police officer under this article and the private institution of
509	509	higher education at which the officer is employed shall annually
510	510	designate by agreement the geographical area in which adjunct
511	511	police officers may act as described by Subsection (b). The
512	512	geographical area may include only the institution's campus area
513	513	and an area that:
514	514	(1) is adjacent to the institution's campus;
515	515	(2) does not extend more than one mile from the
516	516	perimeter of the institution's campus; and
517	517	(3) is inhabited primarily by students or employees of
518	518	the institution.
519	519	(d) A person may not serve as an adjunct police officer for a
520	520	municipality or county unless:
521	521	(1) the private institution of higher education at
522	522	which the person is employed submits the person's application for
523	523	appointment and certification as an adjunct police officer to the
524	524	applicable chief of police or sheriff;
525	525	(2) the chief of police or sheriff to whom the
526	526	application under Subdivision (1) was made issues the person a
527	527	certificate of authority to act as an adjunct police officer; and
528	528	(3) the person undergoes any additional training
529	529	required for that person to meet the training standards of the
530	530	municipality or county, as applicable, for peace officers employed
531	531	by the municipality or county.
532	532	(e) A chief of police or sheriff who issues a certificate of
533	533	authority under this article may revoke the certificate for good
534	534	cause.
535	535	(f) A private institution of higher education is liable for
536	536	any act or omission by a person employed by the institution while
537	537	serving as an adjunct police officer outside of the institution's
538	538	campus in the same manner as the municipality or county governing
539	539	the applicable geographical area is liable for any act or omission
540	540	of a peace officer employed by the municipality or county. This
541	541	subsection may not be construed as a limitation on the liability of
542	542	a municipality or county for the acts or omissions of a person
543	543	serving as an adjunct police officer.
544	544	(g) A private institution of higher education that employs
545	545	an adjunct police officer shall pay all expenses incurred by the
546	546	municipality or county in granting or revoking a certificate of
547	547	authority to act as an adjunct police officer under this article.
548	548	(h) This article does not affect any duty of the
549	549	municipality or county to provide law enforcement services to a
550	550	geographical area designated under Subsection (c). (Code Crim.
551	551	Proc., Art. 2.123.)
552	552	Art. 2A.008. SCHOOL MARSHALS. (a) In this article,
553	553	"private school" means a school that:
554	554	(1) offers a course of instruction for students in one
555	555	or more grades from prekindergarten through grade 12;
556	556	(2) is not operated by a governmental entity; and
557	557	(3) is not a school whose students are home-schooled
558	558	students as defined by Section 29.916, Education Code.
559	559	(b) A person may not serve as a school marshal unless the
560	560	person is:
561	561	(1) licensed under Section 1701.260, Occupations
562	562	Code; and
563	563	(2) appointed by:
564	564	(A) the board of trustees of a school district or
565	565	the governing body of an open-enrollment charter school under
566	566	Section 37.0811, Education Code;
567	567	(B) the governing body of a private school under
568	568	Section 37.0813, Education Code; or
569	569	(C) the governing board of a public junior
570	570	college under Section 51.220, Education Code.
571	571	(c) Except as provided by Subsection (d), a school marshal
572	572	may:
573	573	(1) make arrests and exercise all authority given
574	574	peace officers under this code, subject to written regulations
575	575	adopted by, as applicable:
576	576	(A) the board of trustees of a school district or
577	577	the governing body of an open-enrollment charter school under
578	578	Section 37.0811, Education Code;
579	579	(B) the governing body of a private school under
580	580	Section 37.0813, Education Code; or
581	581	(C) the governing board of a public junior
582	582	college under Section 51.220, Education Code; and
583	583	(2) act only as necessary to prevent or abate the
584	584	commission of an offense that threatens serious bodily injury to or
585	585	the death of a student, faculty member, or visitor on school
586	586	premises.
587	587	(d) A school marshal may not issue a traffic citation for a
588	588	violation of Chapter 521, Transportation Code, or Subtitle C, Title
589	589	7, Transportation Code.
590	590	(e) A school marshal is not entitled to state benefits
591	591	normally provided by the state to a peace officer. (Code Crim.
592	592	Proc., Art. 2.127.)
593	593	SUBCHAPTER B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW
594	594	ENFORCEMENT AGENCIES
595	595	Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS.
596	596	Each peace officer shall:
597	597	(1) preserve the peace within the officer's
598	598	jurisdiction using all lawful means;
599	599	(2) in every case authorized by this code, interfere
600	600	without a warrant to prevent or suppress crime;
601	601	(3) execute all lawful process issued to the officer
602	602	by a magistrate or court;
603	603	(4) give notice to an appropriate magistrate of all
604	604	offenses committed in the officer's jurisdiction, where the officer
605	605	has good reason to believe there has been a violation of the penal
606	606	law;
607	607	(5) when authorized by law, arrest an offender without
608	608	a warrant so the offender may be taken before the proper magistrate
609	609	or court and be tried;
610	610	(6) take possession of a child under Article
611	611	63.009(g); and
612	612	(7) on a request made by the Texas Civil Commitment
613	613	Office, execute an emergency detention order issued by that office
614	614	under Section 841.0837, Health and Safety Code. (Code Crim. Proc.,
615	615	Arts. 2.13(a), (b), (c), (f).)
616	616	Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES; CIVIL
617	617	PENALTY. (a) In this article:
618	618	(1) "Establishment serving the public" means:
619	619	(A) a hotel, motel, or other place of lodging;
620	620	(B) a restaurant or other place where food is
621	621	offered for sale to the public;
622	622	(C) a retail business or other commercial
623	623	establishment or an office building to which the public is invited;
624	624	(D) a sports venue; and
625	625	(E) any other place of public accommodation,
626	626	amusement, convenience, or resort to which the public or any
627	627	classification of persons from the public is regularly, normally,
628	628	or customarily invited.
629	629	(2) "Sports venue" means an arena, coliseum, stadium,
630	630	or other type of area or facility that is primarily used or is
631	631	planned for primary use for professional or amateur sports or
632	632	athletics events and for which a fee is charged or is planned to be
633	633	charged for admission to the sports or athletics events, other than
634	634	occasional civic, charitable, or promotional events.
635	635	(b) An establishment serving the public may not prohibit or
636	636	otherwise restrict a peace officer or special investigator from
637	637	carrying on the establishment's premises a weapon that the officer
638	638	or investigator is otherwise authorized to carry, regardless of
639	639	whether the officer or investigator is engaged in the actual
640	640	discharge of the officer's or investigator's duties while carrying
641	641	the weapon.
642	642	(c) An establishment serving the public that violates this
643	643	article is subject to a civil penalty in the amount of $1,000 for
644	644	each violation. The attorney general may sue to collect a civil
645	645	penalty under this subsection. Money collected under this
646	646	subsection shall be deposited in the state treasury to the credit of
647	647	the general revenue fund. (Code Crim. Proc., Art. 2.1305.)
648	648	Art. 2A.053. SUMMONING AID. (a) A peace officer who meets
649	649	resistance while discharging a duty imposed on the officer by law
650	650	shall summon a number of residents of the officer's county
651	651	sufficient to overcome that resistance.
652	652	(b) A person summoned by a peace officer under Subsection
653	653	(a) shall obey the officer. (Code Crim. Proc., Art. 2.14.)
654	654	Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER. A peace
655	655	officer who summons a person to assist the peace officer in
656	656	performing any duty shall, if the person refuses, report the person
657	657	to the proper district or county attorney for prosecution. (Code
658	658	Crim. Proc., Art. 2.15.)
659	659	Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS. (a) A
660	660	sheriff or other officer who wilfully refuses or neglects to
661	661	execute any summons, subpoena, or attachment for a witness or any
662	662	other legal process the officer has a duty to execute is liable for
663	663	a fine for contempt in an amount in the court's discretion of not
664	664	less than $10 or more than $200.
665	665	(b) The payment of a fine under Subsection (a) shall be
666	666	enforced in the same manner as a fine for contempt in a civil case.
667	667	(Code Crim. Proc., Art. 2.16.)
668	668	Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT. (a) In
669	669	this article, "department" means the Department of Family and
670	670	Protective Services.
671	671	(b) A peace officer who locates a child or other person
672	672	listed on the Texas Crime Information Center's child safety check
673	673	alert list established under Section 261.3022, Family Code, shall:
674	674	(1) immediately contact the department on the
675	675	department's dedicated law-enforcement telephone number for
676	676	statewide intake;
677	677	(2) request information from the department regarding
678	678	the circumstances of the case involving the child or other person;
679	679	and
680	680	(3) request information from the child and the other
681	681	person regarding the child's safety, well-being, and current
682	682	residence.
683	683	(c) The peace officer may temporarily detain the child or
684	684	other person to ensure the safety and well-being of the child.
685	685	(d) If the peace officer determines that the circumstances
686	686	described by Section 262.104, Family Code, exist, the officer may
687	687	take temporary possession of the child without a court order as
688	688	provided by that section. If the peace officer does not take
689	689	temporary possession of the child, the officer shall obtain the
690	690	child's current address and any other relevant information and
691	691	report that information to the department.
692	692	(e) A peace officer who locates a child or other person
693	693	listed on the Texas Crime Information Center's child safety check
694	694	alert list and who reports the child's or other person's current
695	695	address and other relevant information to the department shall
696	696	report to the Texas Crime Information Center that the child or other
697	697	person has been located and to whom the child was released, as
698	698	applicable. (Code Crim. Proc., Art. 2.272; New.)
699	699	Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING
700	700	ABUSE, NEGLECT, OR EXPLOITATION. (a) In this article,
701	701	"department" means the Department of Family and Protective
702	702	Services.
703	703	(b) A peace officer from the appropriate local law
704	704	enforcement agency shall, on receipt of a report, investigate
705	705	jointly with the department or with the agency responsible for
706	706	conducting an investigation under Subchapter E, Chapter 261, Family
707	707	Code, if the report:
708	708	(1) is assigned the highest priority in accordance
709	709	with rules adopted by the department under Section 261.301(d),
710	710	Family Code; and
711	711	(2) alleges an immediate risk of physical or sexual
712	712	abuse of a child that could result in the death of or serious harm to
713	713	the child by a person responsible for the care, custody, or welfare
714	714	of the child.
715	715	(c) As soon as possible, but not later than 24 hours, after
716	716	being notified by the department of a report described by
717	717	Subsection (b), the peace officer shall accompany the department
718	718	investigator in initially responding to the report.
719	719	(d) On receipt of a report of abuse, neglect, exploitation,
720	720	or other complaint of a resident of a nursing home, convalescent
721	721	home, or other related institution or an assisted living facility,
722	722	under Section 260A.007(c)(1), Health and Safety Code, the
723	723	appropriate local law enforcement agency shall investigate the
724	724	report as required by Section 260A.017, Health and Safety Code.
725	725	(Code Crim. Proc., Arts. 2.27, 2.271; New.)
726	726	Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER.
727	727	(a) A law enforcement officer who takes possession of a child under
728	728	Section 262.104, Family Code, may release the child to:
729	729	(1) a residential child-care facility licensed by the
730	730	Department of Family and Protective Services under Chapter 42,
731	731	Human Resources Code, if the facility is authorized by the
732	732	department to take possession of the child;
733	733	(2) a juvenile probation department;
734	734	(3) the Department of Family and Protective Services;
735	735	or
736	736	(4) any other person authorized by law to take
737	737	possession of the child.
738	738	(b) Before a law enforcement officer may release a child to
739	739	a person authorized by law to take possession of the child other
740	740	than a governmental entity, the officer must:
741	741	(1) verify with the National Crime Information Center
742	742	that the child is not a missing child;
743	743	(2) search the relevant databases of the National
744	744	Crime Information Center system, including those pertaining to
745	745	protection orders, historical protection orders, warrants, sex
746	746	offender registries, and persons on supervised release to:
747	747	(A) verify that the person to whom the child is
748	748	being released:
749	749	(i) does not have a protective order issued
750	750	against the person; and
751	751	(ii) is not registered as a sex offender
752	752	unless the person is the child's parent or guardian and there are no
753	753	restrictions regarding the person's contact with the child; and
754	754	(B) obtain any other information the Department
755	755	of Family and Protective Services considers:
756	756	(i) relevant to protect the welfare of the
757	757	child; or
758	758	(ii) reflective of the responsibility of
759	759	the person to whom the child is being released;
760	760	(3) call the Department of Family and Protective
761	761	Services Texas Abuse Hotline to determine whether the person to
762	762	whom the child is being released is listed in the registry as a
763	763	person who abused or neglected a child;
764	764	(4) verify that the person to whom the child is being
765	765	released is at least 18 years of age; and
766	766	(5) maintain a record regarding the child's placement,
767	767	including:
768	768	(A) identifying information about the child,
769	769	including the child's name or pseudonyms; and
770	770	(B) the name and address of the person to whom the
771	771	child is being released. (Code Crim. Proc., Art. 2.273.)
772	772	Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY.
773	773	(a) Subject to Subsection (b), in the course of investigating an
774	774	alleged criminal offense, a peace officer may inquire as to the
775	775	nationality or immigration status of a victim of or witness to the
776	776	offense only if the officer determines that the inquiry is
777	777	necessary to:
778	778	(1) investigate the offense; or
779	779	(2) provide the victim or witness with information
780	780	about federal visas designed to protect individuals providing
781	781	assistance to law enforcement.
782	782	(b) Subsection (a) does not prevent a peace officer from:
783	783	(1) conducting a separate investigation of any other
784	784	alleged criminal offense; or
785	785	(2) inquiring as to the nationality or immigration
786	786	status of a victim of or witness to a criminal offense if the
787	787	officer has probable cause to believe that the victim or witness has
788	788	engaged in specific conduct constituting a separate criminal
789	789	offense. (Code Crim. Proc., Arts. 2.13(d), (e).)
790	790	Art. 2A.060. IMMIGRATION DETAINER REQUESTS. (a) A law
791	791	enforcement agency that has custody of a person subject to an
792	792	immigration detainer request issued by United States Immigration
793	793	and Customs Enforcement shall:
794	794	(1) comply with, honor, and fulfill any request made
795	795	in the detainer request provided by the federal government; and
796	796	(2) inform the person that the person is being held
797	797	pursuant to an immigration detainer request issued by United States
798	798	Immigration and Customs Enforcement.
799	799	(b) A law enforcement agency is not required to perform a
800	800	duty imposed by Subsection (a) with respect to a person who has
801	801	provided proof that the person is a citizen of the United States or
802	802	that the person has lawful immigration status in the United States,
803	803	such as a Texas driver's license or similar government-issued
804	804	identification. (Code Crim. Proc., Art. 2.251.)
805	805	Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS. On receiving
806	806	information that a person's identifying information was falsely
807	807	given by an arrested person as the arrested person's identifying
808	808	information, the local law enforcement agency responsible for
809	809	collecting identifying information on arrested persons in the
810	810	county in which the arrest was made shall:
811	811	(1) notify the person that:
812	812	(A) the person's identifying information was
813	813	misused by another person arrested in the county;
814	814	(B) the person may file a declaration with the
815	815	Department of Public Safety under Section 411.0421, Government
816	816	Code; and
817	817	(C) the person is entitled to expunction of
818	818	information contained in criminal records and files under Chapter
819	819	55A; and
820	820	(2) notify the Department of Public Safety regarding:
821	821	(A) the misuse of the identifying information;
822	822	(B) the actual identity of the person arrested,
823	823	if known by the agency; and
824	824	(C) whether the agency was able to notify the
825	825	person whose identifying information was misused. (Code Crim.
826	826	Proc., Art. 2.28.)
827	827	Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS
828	828	IDENTIFICATION. (a) In this article, "law enforcement agency"
829	829	means an agency of the state or of a political subdivision of the
830	830	state authorized by law to employ peace officers.
831	831	(b) The Texas Commission on Law Enforcement shall establish
832	832	a comprehensive education and training program on eyewitness
833	833	identification, including material regarding:
834	834	(1) variables that affect a witness's vision and
835	835	memory;
836	836	(2) practices for minimizing contamination; and
837	837	(3) effective eyewitness identification protocols.
838	838	(c) Each law enforcement agency shall require each peace
839	839	officer who is employed by the agency and who performs eyewitness
840	840	identification procedures to complete the education and training
841	841	described by Subsection (b). (Code Crim. Proc., Art. 2.1386.)
842	842	Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE. A sheriff
843	843	is a conservator of the peace in the sheriff's county and shall:
844	844	(1) arrest each person who commits an offense in the
845	845	view or hearing of the sheriff and take the offender before the
846	846	proper court for examination or trial;
847	847	(2) suppress all assaults, affrays, insurrections,
848	848	and unlawful assemblies; and
849	849	(3) apprehend and commit to jail each person who
850	850	commits an offense until an examination or trial can be held. (Code
851	851	Crim. Proc., Art. 2.17.)
852	852	Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF
853	853	DEFENDANTS. (a) Except as provided by Subsection (b), a sheriff
854	854	shall place in jail a defendant committed to jail by a warrant from
855	855	a magistrate or court.
856	856	(b) A sheriff may permit a defendant committed to jail by a
857	857	warrant from a magistrate or court to remain out of jail for a
858	858	reasonable time to procure bail if the defendant:
859	859	(1) was committed for want of bail; or
860	860	(2) was arrested in a bailable case.
861	861	(c) A sheriff shall guard a defendant permitted to remain
862	862	out of jail under Subsection (b) to prevent escape. (Code Crim.
863	863	Proc., Art. 2.18.)
864	864	Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE SHERIFF'S
865	865	DUTIES. (a) A sheriff's deputy may perform any duty imposed on the
866	866	sheriff under this code.
867	867	(b) If there is no sheriff in a county, the duties of the
868	868	sheriff's office relating to criminal law are conferred on the
869	869	officer empowered under law to discharge the duties of that office
870	870	when the office is vacant. (Code Crim. Proc., Art. 2.20.)
871	871	Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER. (a) A
872	872	jailer licensed under Chapter 1701, Occupations Code, who has
873	873	successfully completed a training program provided by the sheriff
874	874	may execute lawful process issued to the jailer by any magistrate or
875	875	court on a person confined in the jail at which the jailer is
876	876	employed to the same extent that a peace officer is authorized to
877	877	execute process under Article 2A.051(3), including:
878	878	(1) a warrant under Chapter 15, 17, or 18;
879	879	(2) a capias under Chapter 17 or 23;
880	880	(3) a subpoena under Chapter 20A or 24; or
881	881	(4) an attachment under Chapter 20A or 24.
882	882	(b) A jailer licensed under Chapter 1701, Occupations Code,
883	883	may execute lawful process issued to the jailer by any magistrate or
884	884	court on a person confined in the jail at which the jailer is
885	885	employed to the same extent that a peace officer is authorized to
886	886	execute process under Article 2A.051(3), including:
887	887	(1) a warrant under Chapter 15, 17, or 18;
888	888	(2) a capias under Chapter 17 or 23;
889	889	(3) a subpoena under Chapter 20A or 24; or
890	890	(4) an attachment under Chapter 20A or 24. (Code Crim.
891	891	Proc., Art. 2.31, as added Acts 82nd Leg., R.S., Chs. 176, 1341.)
892	892	SUBCHAPTER C. ATTORNEYS REPRESENTING STATE
893	893	Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING
894	894	STATE. (a) The primary duty of an attorney representing the state,
895	895	including a special prosecutor, is not to convict but to see that
896	896	justice is done.
897	897	(b) An attorney representing the state, including a special
898	898	prosecutor, may not suppress facts or conceal witnesses capable of
899	899	establishing the innocence of the defendant. (Code Crim. Proc.,
900	900	Art. 2.01 (part).)
901	901	Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS. (a) Each
902	902	district attorney shall represent the state in all criminal cases
903	903	in the district courts of the attorney's district and in appeals
904	904	from those cases.
905	905	(b) Unless prevented by other official duties, a district
906	906	attorney shall represent the state in any criminal proceeding
907	907	before an examining court in the attorney's district or before a
908	908	judge on habeas corpus, if the attorney is:
909	909	(1) notified of the proceeding; and
910	910	(2) in the attorney's district at the time. (Code
911	911	Crim. Proc., Art. 2.01 (part).)
912	912	Art. 2A.103. DUTIES OF COUNTY ATTORNEYS. (a) Each county
913	913	attorney shall attend the terms of court for trial courts other than
914	914	district courts in the attorney's county and represent the state in
915	915	all criminal cases under examination or prosecution in that county.
916	916	(b) In the absence of the district attorney, the county
917	917	attorney shall represent the state alone and, when requested by the
918	918	district attorney, shall aid the district attorney in prosecuting a
919	919	case in behalf of the state in district court.
920	920	(c) The county attorney shall represent the state in the
921	921	appeal of a case prosecuted by the county attorney. (Code Crim.
922	922	Proc., Art. 2.02.)
923	923	Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY. (a) In
924	924	this article, "attorney representing the state" means a county
925	925	attorney with criminal jurisdiction, a district attorney, or a
926	926	criminal district attorney.
927	927	(b) If an attorney representing the state is disqualified to
928	928	act in any case or proceeding, is absent from the county or
929	929	district, or is otherwise unable to perform the duties of the
930	930	attorney's office, or if there is no attorney representing the
931	931	state, the judge of the court in which the attorney represents the
932	932	state may appoint to perform the duties of the attorney's office
933	933	during the attorney's absence or disqualification:
934	934	(1) an attorney representing the state from any county
935	935	or district; or
936	936	(2) an assistant attorney general.
937	937	(c) An attorney representing the state who is not
938	938	disqualified to act may request the court to permit the attorney's
939	939	recusal in a case for good cause, and on approval by the court, the
940	940	attorney is disqualified.
941	941	(d) Except as otherwise provided by this subsection, the
942	942	duties of the office appointed under Subsection (b) are additional
943	943	duties of the appointed attorney's present office, and the attorney
944	944	is not entitled to additional compensation. This subsection does
945	945	not prevent a commissioners court of a county from contracting with
946	946	another commissioners court to pay expenses and reimburse
947	947	compensation paid by a county to an attorney who is appointed to
948	948	perform additional duties. (Code Crim. Proc., Art. 2.07.)
949	949	Art. 2A.105. GROUNDS FOR DISQUALIFICATION. (a) A district
950	950	attorney may not represent the state in a criminal case in which the
951	951	attorney has been, before the attorney's election, employed
952	952	adversely to the state.
953	953	(b) A district or county attorney may not:
954	954	(1) be of counsel adversely to the state in any case in
955	955	any court; or
956	956	(2) after the attorney ceases to be a district or
957	957	county attorney, be of counsel adversely to the state in any case in
958	958	which the attorney has been of counsel for the state.
959	959	(c) A judge of a court in which a district or county attorney
960	960	represents the state shall declare the attorney disqualified for
961	961	purposes of Article 2A.104 on a showing that the attorney is the
962	962	subject of a criminal investigation by a law enforcement agency if
963	963	that investigation is based on credible evidence of criminal
964	964	misconduct for an offense that is within the attorney's authority
965	965	to prosecute. A disqualification under this subsection applies
966	966	only to the attorney's access to the criminal investigation pending
967	967	against the attorney and to any prosecution of a criminal charge
968	968	resulting from that investigation. (Code Crim. Proc., Arts. 2.01
969	969	(part), 2.08.)
970	970	Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF LAW.
971	971	(a) An attorney representing the state shall present to the court
972	972	with jurisdiction an information charging an officer with neglect
973	973	or failure of duty if:
974	974	(1) the attorney learns that the officer has neglected
975	975	or failed to perform a duty imposed on the officer; and
976	976	(2) the neglect or failure of duty can be presented by
977	977	information.
978	978	(b) An attorney representing the state shall notify the
979	979	grand jury of any act that violated the law or any neglect or
980	980	failure of duty by an officer if:
981	981	(1) the attorney learns that the officer has in act
982	982	violated a law or neglected or failed to perform a duty; and
983	983	(2) the act that violated the law or the neglect or
984	984	failure of duty cannot be presented by information. (Code Crim.
985	985	Proc., Art. 2.03(a).)
986	986	Art. 2A.107. RECORDING AND FILING COMPLAINTS. (a) If a
987	987	complaint is made before a district or county attorney that an
988	988	offense has been committed in the attorney's district or county, as
989	989	applicable, the attorney shall:
990	990	(1) reduce the complaint to writing;
991	991	(2) cause the complaint to be signed and sworn to by
992	992	the complainant;
993	993	(3) attest the complaint; and
994	994	(4) as applicable:
995	995	(A) if the offense is a misdemeanor and except as
996	996	provided by Subsection (b), immediately prepare an information
997	997	based on the complaint and file the information in the court having
998	998	jurisdiction; or
999	999	(B) if the offense is a felony, immediately file
1000	1000	the complaint with a magistrate of the county.
1001	1001	(b) In a county that does not have a county attorney or a
1002	1002	criminal district court, a misdemeanor case may be tried based on
1003	1003	complaint alone without an information.
1004	1004	(c) For purposes of fulfilling the duties under this
1005	1005	article, a district or county attorney may administer oaths. (Code
1006	1006	Crim. Proc., Arts. 2.04, 2.05, 2.06.)
1007	1007	Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN
1008	1008	CASES. (a) In this article, "assistance" includes investigative,
1009	1009	technical, and litigation assistance.
1010	1010	(b) The attorney general may offer to a county or district
1011	1011	attorney the assistance of the attorney general's office in the
1012	1012	prosecution of an offense described by Article 66.102(h) the victim
1013	1013	of which is younger than 17 years of age at the time the offense is
1014	1014	committed.
1015	1015	(c) On request of a county or district attorney, the
1016	1016	attorney general shall assist in the prosecution of an offense
1017	1017	described by Subsection (b). (Code Crim. Proc., Art. 2.021.)
1018	1018	Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN CASES.
1019	1019	The attorney representing the state may request the Texas Rangers
1020	1020	division of the Department of Public Safety to provide assistance,
1021	1021	including investigative, technical, and administrative assistance,
1022	1022	to a local law enforcement agency investigating an offense that:
1023	1023	(1) is alleged to have been committed by an elected
1024	1024	officer of the political subdivision served by the local law
1025	1025	enforcement agency; and
1026	1026	(2) on conviction or adjudication, would subject the
1027	1027	elected officer to registration as a sex offender under Chapter 62.
1028	1028	(Code Crim. Proc., Art. 2.022.)
1029	1029	Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL
1030	1030	JUSTICE OF CERTAIN INDICTMENTS. (a) This article applies only to a
1031	1031	defendant who, in connection with a previous conviction for an
1032	1032	offense listed in Article 42A.054(a) or for which the judgment
1033	1033	contains an affirmative finding under Article 42A.054(c) or (d):
1034	1034	(1) received a sentence that included imprisonment at
1035	1035	a facility operated by or under contract with the Texas Department
1036	1036	of Criminal Justice; and
1037	1037	(2) was subsequently released from the imprisonment,
1038	1038	including a release on parole, to mandatory supervision, or
1039	1039	following discharge of the defendant's sentence.
1040	1040	(b) Not later than the 10th day after the date that a
1041	1041	defendant described by Subsection (a) is indicted for an offense
1042	1042	listed in Article 42A.054(a), the attorney representing the state
1043	1043	shall notify an officer designated by the Texas Department of
1044	1044	Criminal Justice of the offense charged in the indictment. (Code
1045	1045	Crim. Proc., Art. 2.023.)
1046	1046	Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY. (a) In
1047	1047	this article:
1048	1048	(1) "Attorney representing the state" means a district
1049	1049	attorney, a criminal district attorney, or a county attorney with
1050	1050	criminal jurisdiction.
1051	1051	(2) "Correctional facility" has the meaning assigned
1052	1052	by Section 1.07, Penal Code.
1053	1053	(b) An attorney representing the state shall track:
1054	1054	(1) the use of testimony of a person to whom a
1055	1055	defendant made a statement against the defendant's interest while
1056	1056	the person was imprisoned or confined in the same correctional
1057	1057	facility as the defendant, if known by the attorney representing
1058	1058	the state, regardless of whether the testimony is presented at
1059	1059	trial; and
1060	1060	(2) any benefits offered or provided to a person in
1061	1061	exchange for testimony described by Subdivision (1). (Code Crim.
1062	1062	Proc., Art. 2.024.)
1063	1063	SUBCHAPTER D. MAGISTRATES AND CLERKS
1064	1064	Art. 2A.151. TYPES OF MAGISTRATES. The following officers
1065	1065	are magistrates for purposes of this code:
1066	1066	(1) a justice of the supreme court;
1067	1067	(2) a judge of the court of criminal appeals;
1068	1068	(3) a justice of the courts of appeals;
1069	1069	(4) a judge of a district court;
1070	1070	(5) an associate judge appointed by:
1071	1071	(A) a judge of a district court or a statutory
1072	1072	county court that gives preference to criminal cases in Jefferson
1073	1073	County;
1074	1074	(B) a judge of a district court or a statutory
1075	1075	county court of Brazos County, Nueces County, or Williamson County;
1076	1076	or
1077	1077	(C) a judge of a district court under Chapter
1078	1078	54A, Government Code;
1079	1079	(6) a criminal magistrate appointed by:
1080	1080	(A) the Brazoria County Commissioners Court; or
1081	1081	(B) the Burnet County Commissioners Court;
1082	1082	(7) a criminal law hearing officer for:
1083	1083	(A) Harris County appointed under Subchapter L,
1084	1084	Chapter 54, Government Code; or
1085	1085	(B) Cameron County appointed under Subchapter
1086	1086	BB, Chapter 54, Government Code;
1087	1087	(8) a magistrate appointed:
1088	1088	(A) by a judge of a district court of Bexar
1089	1089	County, Dallas County, or Tarrant County that gives preference to
1090	1090	criminal cases;
1091	1091	(B) by a judge of a criminal district court of
1092	1092	Dallas County or Tarrant County;
1093	1093	(C) by a judge of a district court or statutory
1094	1094	county court that gives preference to criminal cases in Travis
1095	1095	County;
1096	1096	(D) by the El Paso Council of Judges;
1097	1097	(E) by the Fort Bend County Commissioners Court;
1098	1098	(F) by the Collin County Commissioners Court; or
1099	1099	(G) under Subchapter JJ, Chapter 54, Government
1100	1100	Code;
1101	1101	(9) a magistrate or associate judge appointed by a
1102	1102	judge of a district court of Lubbock County, Nolan County, or Webb
1103	1103	County;
1104	1104	(10) a county judge;
1105	1105	(11) a judge of:
1106	1106	(A) a statutory county court;
1107	1107	(B) a county criminal court; or
1108	1108	(C) a statutory probate court;
1109	1109	(12) an associate judge appointed by a judge of a
1110	1110	statutory probate court under Chapter 54A, Government Code;
1111	1111	(13) a justice of the peace; and
1112	1112	(14) a mayor or recorder of a municipality or a judge
1113	1113	of a municipal court. (Code Crim. Proc., Art. 2.09.)
1114	1114	Art. 2A.152. GENERAL DUTIES OF MAGISTRATES. Each
1115	1115	magistrate shall:
1116	1116	(1) preserve the peace within the magistrate's
1117	1117	jurisdiction using all lawful means;
1118	1118	(2) issue all process intended to aid in preventing
1119	1119	and suppressing crime; and
1120	1120	(3) cause the arrest of offenders using lawful means
1121	1121	so that the offenders may be brought to punishment. (Code Crim.
1122	1122	Proc., Art. 2.10.)
1123	1123	Art. 2A.153. GENERAL DUTIES OF CLERKS. (a) In this
1124	1124	article, "digital multimedia evidence" means evidence stored or
1125	1125	transmitted in a binary form and includes data representing
1126	1126	documents, audio, video metadata, and any other information
1127	1127	attached to a digital file.
1128	1128	(b) In a criminal proceeding, the clerk of a district or
1129	1129	county court shall:
1130	1130	(1) receive and file all papers;
1131	1131	(2) receive all exhibits at the conclusion of the
1132	1132	proceeding;
1133	1133	(3) issue all process;
1134	1134	(4) accept and file electronic documents received from
1135	1135	the defendant, if the clerk accepts electronic documents from an
1136	1136	attorney representing the state;
1137	1137	(5) accept and file digital multimedia evidence
1138	1138	received from the defendant, if the clerk accepts digital
1139	1139	multimedia evidence from an attorney representing the state; and
1140	1140	(6) perform all other duties imposed on the clerk by
1141	1141	law.
1142	1142	(c) A district clerk is exempt from the requirements of
1143	1143	Subsections (b)(4) and (5) if the electronic filing system used by
1144	1144	the clerk for accepting electronic documents or electronic digital
1145	1145	media from an attorney representing the state does not have the
1146	1146	capability of accepting electronic filings from a defendant and the
1147	1147	system was established or procured before June 1, 2009. The
1148	1148	exemption provided by this subsection no longer applies to an
1149	1149	electronic filing system described by this subsection that is
1150	1150	substantially upgraded or is replaced with a new system. (Code
1151	1151	Crim. Proc., Arts. 2.21(a), (a-1), (k).)
1152	1152	Art. 2A.154. DEPUTY CLERKS. A deputy clerk of a district or
1153	1153	county court may perform any duty imposed on the clerk of that
1154	1154	court. (Code Crim. Proc., Art. 2.22.)
1155	1155	Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS. (a) In
1156	1156	this article, "eligible exhibit" means an exhibit filed with the
1157	1157	clerk of a court that:
1158	1158	(1) is not a firearm or contraband;
1159	1159	(2) has not been ordered by the court to be returned to
1160	1160	its owner; and
1161	1161	(3) is not an exhibit in another pending criminal
1162	1162	action.
1163	1163	(b) An eligible exhibit may be disposed of as provided by
1164	1164	this article:
1165	1165	(1) on or after the first anniversary of the date on
1166	1166	which a conviction becomes final in the case, if the case is a
1167	1167	misdemeanor or a felony for which the sentence imposed by the court
1168	1168	is five years or less;
1169	1169	(2) on or after the second anniversary of the date on
1170	1170	which a conviction becomes final in the case, if the case is a
1171	1171	noncapital felony for which the sentence imposed by the court is
1172	1172	greater than five years;
1173	1173	(3) on or after the first anniversary of the date of
1174	1174	the acquittal of the defendant; or
1175	1175	(4) on or after the first anniversary of the date of
1176	1176	the death of the defendant.
1177	1177	(c) Subject to Subsections (d), (e), and (f), a clerk may
1178	1178	dispose of an eligible exhibit, including by delivery of the
1179	1179	exhibit to the county purchasing agent for disposal as surplus or
1180	1180	salvage property under Section 263.152, Local Government Code, if
1181	1181	on the date provided by Subsection (b) the clerk has not received a
1182	1182	request for the exhibit from either the attorney representing the
1183	1183	state in the case or the attorney representing the defendant.
1184	1184	(d) Before a clerk in a county with a population of less than
1185	1185	two million disposes of an eligible exhibit, the clerk must provide
1186	1186	written notice by mail to the attorney representing the state in the
1187	1187	case and the attorney representing the defendant. The notice must:
1188	1188	(1) describe the exhibit;
1189	1189	(2) include the name and address of the court holding
1190	1190	the exhibit; and
1191	1191	(3) state that the exhibit will be disposed of unless a
1192	1192	written request is received by the clerk before the 31st day after
1193	1193	the date of notice.
1194	1194	(e) If a request is not received by a clerk to whom
1195	1195	Subsection (d) applies before the 31st day after the date of notice,
1196	1196	the clerk may dispose of the eligible exhibit in the manner
1197	1197	permitted by this article.
1198	1198	(f) If a request is timely received, the clerk shall deliver
1199	1199	the eligible exhibit to the person making the request if the court
1200	1200	determines the requestor is the owner of the exhibit.
1201	1201	(g) Notwithstanding Section 263.156, Local Government Code,
1202	1202	or any other law, the commissioners court shall remit 50 percent of
1203	1203	any proceeds of the disposal of an eligible exhibit as surplus or
1204	1204	salvage property as described by Subsection (c), less the
1205	1205	reasonable expense of keeping the exhibit before disposal and the
1206	1206	costs of that disposal, to each of the following:
1207	1207	(1) the county treasury, to be used only to defray the
1208	1208	costs incurred by the district clerk of the county for the
1209	1209	management, maintenance, or destruction of eligible exhibits in the
1210	1210	county; and
1211	1211	(2) the state treasury to the credit of the
1212	1212	compensation to victims of crime fund established under Subchapter
1213	1213	J, Chapter 56B. (Code Crim. Proc., Arts. 2.21(d), (e), (f), (f-1),
1214	1214	(g), (h), (i), (j).)
1215	1215	Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND
1216	1216	CONTRABAND TO LAW ENFORCEMENT. (a) At any time during or after a
1217	1217	criminal proceeding, the court reporter shall release for
1218	1218	safekeeping any firearm or contraband received as an exhibit in
1219	1219	that proceeding to:
1220	1220	(1) the sheriff; or
1221	1221	(2) in a county with a population of 500,000 or more,
1222	1222	the law enforcement agency that collected, seized, or took
1223	1223	possession of the firearm or contraband or produced the firearm or
1224	1224	contraband at the proceeding.
1225	1225	(b) The sheriff or the law enforcement agency, as
1226	1226	applicable, shall receive and hold the exhibits released under
1227	1227	Subsection (a) and:
1228	1228	(1) release the exhibits only to a person authorized
1229	1229	by the court in which those exhibits have been received; or
1230	1230	(2) dispose of the exhibits as provided by Chapter 18.
1231	1231	(Code Crim. Proc., Arts. 2.21(b), (c).)
1232	1232	SUBCHAPTER E. REPORTING DUTIES
1233	1233	Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH
1234	1234	CERTAIN OFFENSES INVOLVING SENSITIVE INFORMATION. (a) A peace
1235	1235	officer to whom an alleged violation of Section 31.17 or 32.51,
1236	1236	Penal Code, is reported shall make to the law enforcement agency
1237	1237	that employs the officer a written report that includes:
1238	1238	(1) the name of the victim;
1239	1239	(2) the name of the suspect, if known;
1240	1240	(3) as applicable, either:
1241	1241	(A) the type of financial sight order or payment
1242	1242	card information obtained or transferred in violation of Section
1243	1243	31.17, Penal Code; or
1244	1244	(B) the type of identifying information
1245	1245	obtained, possessed, transferred, or used in violation of Section
1246	1246	32.51, Penal Code; and
1247	1247	(4) the results of any investigation.
1248	1248	(b) On the victim's request, the law enforcement agency
1249	1249	shall provide the report made under Subsection (a) to the victim.
1250	1250	In providing the report, the law enforcement agency shall redact
1251	1251	any otherwise confidential information that is included in the
1252	1252	report, other than the information described by Subsection (a).
1253	1253	(Code Crim. Proc., Arts. 2.29, 2.295.)
1254	1254	Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN
1255	1255	ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only
1256	1256	to the following offenses:
1257	1257	(1) assault under Section 22.01, Penal Code;
1258	1258	(2) aggravated assault under Section 22.02, Penal
1259	1259	Code;
1260	1260	(3) sexual assault under Section 22.011, Penal Code;
1261	1261	(4) aggravated sexual assault under Section 22.021,
1262	1262	Penal Code; and
1263	1263	(5) terroristic threat under Section 22.07, Penal
1264	1264	Code.
1265	1265	(b) A peace officer who investigates the alleged commission
1266	1266	of an offense to which Subsection (a) applies shall prepare a
1267	1267	written report that includes the information required under Article
1268	1268	5.05(a).
1269	1269	(c) On request of a victim of an offense to which Subsection
1270	1270	(a) applies, the local law enforcement agency responsible for
1271	1271	investigating the commission of the offense shall provide to the
1272	1272	victim, at no cost to the victim, any information contained in the
1273	1273	written report prepared under Subsection (b) that is:
1274	1274	(1) described by Article 5.05(a)(1) or (2); and
1275	1275	(2) not exempt from disclosure under Chapter 552,
1276	1276	Government Code, or other law. (Code Crim. Proc., Art. 2.30.)
1277	1277	Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS
1278	1278	INFORMATION. Not later than the 30th day after the date a court
1279	1279	clerk issues a warrant or capias, the sheriff:
1280	1280	(1) shall report to the National Crime Information
1281	1281	Center each warrant or capias issued for a defendant charged with a
1282	1282	felony who fails to appear in court when summoned; and
1283	1283	(2) may report to the National Crime Information
1284	1284	Center each warrant or capias issued for a defendant charged with a
1285	1285	misdemeanor other than a Class C misdemeanor who fails to appear in
1286	1286	court when summoned. (Code Crim. Proc., Art. 2.195.)
1287	1287	Art. 2A.204. SHERIFFS: REPORT ON PRISONERS. On the first
1288	1288	day of each month, the sheriff shall give written notice to the
1289	1289	district or county attorney, as applicable, of each prisoner in the
1290	1290	sheriff's custody, including:
1291	1291	(1) the name of each prisoner; and
1292	1292	(2) the authority under which the sheriff detains the
1293	1293	prisoner. (Code Crim. Proc., Art. 2.19.)
1294	1294	Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
1295	1295	CONCERNING HUMAN TRAFFICKING CASES. (a) This article applies only
1296	1296	to:
1297	1297	(1) a municipal police department, sheriff's
1298	1298	department, constable's office, county attorney's office, district
1299	1299	attorney's office, and criminal district attorney's office, as
1300	1300	applicable, in a county with a population of more than 50,000; and
1301	1301	(2) the Department of Public Safety.
1302	1302	(b) An entity to which this article applies that
1303	1303	investigates the alleged commission of an offense under Chapter
1304	1304	20A, Penal Code, or the alleged commission of an offense under
1305	1305	Chapter 43, Penal Code, that may involve human trafficking, shall
1306	1306	submit to the attorney general a report in the manner and form
1307	1307	prescribed by the attorney general containing the following
1308	1308	information:
1309	1309	(1) the offense being investigated, including a brief
1310	1310	description of the alleged prohibited conduct;
1311	1311	(2) regarding each person suspected of committing the
1312	1312	offense and each victim of the offense, as applicable:
1313	1313	(A) the person's:
1314	1314	(i) age;
1315	1315	(ii) gender; and
1316	1316	(iii) race or ethnicity, as defined by
1317	1317	Article 2B.0051; and
1318	1318	(B) the case number associated with the offense
1319	1319	and with the person suspected of committing the offense;
1320	1320	(3) the date, time, and location of the alleged
1321	1321	offense;
1322	1322	(4) the type of human trafficking involved, including:
1323	1323	(A) forced labor or services, as defined by
1324	1324	Section 20A.01, Penal Code;
1325	1325	(B) causing the victim by force, fraud, or
1326	1326	coercion to engage in prohibited conduct involving one or more
1327	1327	sexual activities, including conduct described by Section
1328	1328	20A.02(a)(3), Penal Code; or
1329	1329	(C) causing a child victim by any means to engage
1330	1330	in, or become the victim of, prohibited conduct involving one or
1331	1331	more sexual activities, including conduct described by Section
1332	1332	20A.02(a)(7), Penal Code;
1333	1333	(5) if available, information regarding any victims'
1334	1334	service organization or program to which the victim was referred as
1335	1335	part of the investigation; and
1336	1336	(6) the disposition of the investigation, if any,
1337	1337	regardless of the manner of disposition.
1338	1338	(c) An attorney representing the state who prosecutes the
1339	1339	alleged commission of an offense under Chapter 20A, Penal Code, or
1340	1340	the alleged commission of an offense under Chapter 43, Penal Code,
1341	1341	that may involve human trafficking, shall submit to the attorney
1342	1342	general the following information:
1343	1343	(1) the offense being prosecuted, including a brief
1344	1344	description of the alleged prohibited conduct;
1345	1345	(2) any other charged offense that is part of the same
1346	1346	criminal episode out of which the offense described by Subdivision
1347	1347	(1) arose;
1348	1348	(3) the information described by Subsections (b)(2),
1349	1349	(3), (4), and (5); and
1350	1350	(4) the disposition of the prosecution, regardless of
1351	1351	the manner of disposition.
1352	1352	(d) The attorney general may enter into a contract with a
1353	1353	university that provides for the university's assistance in the
1354	1354	collection and analysis of information received under this article.
1355	1355	(e) In consultation with the entities described by
1356	1356	Subsection (a), the attorney general shall adopt rules to
1357	1357	administer this article, including rules prescribing:
1358	1358	(1) the form and manner of submission of a report
1359	1359	required by Subsection (b) or (c); and
1360	1360	(2) additional information to include in a report
1361	1361	required by Subsection (b) or (c). (Code Crim. Proc., Art. 2.305.)
1362	1362	Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR
1363	1363	OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article:
1364	1364	(1) "Deadly weapon" means:
1365	1365	(A) a firearm or any object manifestly designed,
1366	1366	made, or adapted for the purpose of inflicting death or serious
1367	1367	bodily injury; or
1368	1368	(B) any object that in the manner of its use or
1369	1369	intended use is capable of causing death or serious bodily injury.
1370	1370	(2) "Officer-involved injury or death" means an
1371	1371	incident during which a peace officer discharges a firearm causing
1372	1372	injury or death to another.
1373	1373	(b) The attorney general by rule shall create a written and
1374	1374	electronic form for the reporting by law enforcement agencies of an
1375	1375	officer-involved injury or death. The form must include spaces to
1376	1376	report only the following information:
1377	1377	(1) the date the incident occurred;
1378	1378	(2) the location where the incident occurred;
1379	1379	(3) the age, gender, and race or ethnicity of each
1380	1380	peace officer involved in the incident;
1381	1381	(4) if known, the age, gender, and race or ethnicity of
1382	1382	each injured or deceased person involved in the incident;
1383	1383	(5) whether the person was injured or died as a result
1384	1384	of the incident;
1385	1385	(6) whether each injured or deceased person used,
1386	1386	exhibited, or was carrying a deadly weapon during the incident;
1387	1387	(7) whether each peace officer involved in the
1388	1388	incident was on duty during the incident;
1389	1389	(8) whether each peace officer involved in the
1390	1390	incident was responding to an emergency call or a request for
1391	1391	assistance and, if so, whether the officer responded to that call or
1392	1392	request with one or more other peace officers; and
1393	1393	(9) whether the incident occurred during or as a
1394	1394	result of:
1395	1395	(A) the execution of a warrant; or
1396	1396	(B) a hostage, barricade, or other emergency
1397	1397	situation.
1398	1398	(c) Not later than the 30th day after the date of an
1399	1399	officer-involved injury or death, the law enforcement agency
1400	1400	employing an officer involved in the incident shall complete and
1401	1401	submit a written or electronic report, using the form created under
1402	1402	Subsection (b), to the attorney general. The report must include
1403	1403	all information described in Subsection (b).
1404	1404	(d) Not later than the fifth day after the date of receipt of
1405	1405	a report submitted under Subsection (c), the attorney general shall
1406	1406	post a copy of the report on the attorney general's Internet
1407	1407	website.
1408	1408	(e) Not later than March 1 of each year, the attorney
1409	1409	general shall submit a report regarding all officer-involved
1410	1410	injuries or deaths that occurred during the preceding year to the
1411	1411	governor and the standing legislative committees with primary
1412	1412	jurisdiction over criminal justice matters. The report must
1413	1413	include:
1414	1414	(1) the total number of officer-involved injuries or
1415	1415	deaths;
1416	1416	(2) a summary of the reports submitted to the attorney
1417	1417	general under this article; and
1418	1418	(3) a copy of each report submitted to the attorney
1419	1419	general under this article. (Code Crim. Proc., Art. 2.139.)
1420	1420	Art. 2A.207. LAW ENFORCEMENT AGENCIES: REPORT FOR CERTAIN
1421	1421	INJURIES OR DEATHS OF PEACE OFFICERS. (a) The attorney general by
1422	1422	rule shall create a written and electronic form for the reporting by
1423	1423	law enforcement agencies of an incident in which a person who is not
1424	1424	a peace officer discharges a firearm and causes injury or death to a
1425	1425	peace officer who is performing an official duty. The form must
1426	1426	include spaces to report only the following information:
1427	1427	(1) the date the incident occurred;
1428	1428	(2) the location where the incident occurred;
1429	1429	(3) the age, gender, and race or ethnicity of each
1430	1430	injured or deceased peace officer involved in the incident;
1431	1431	(4) if known, the age, gender, and race or ethnicity of
1432	1432	each person who discharged a firearm and caused injury or death to a
1433	1433	peace officer involved in the incident; and
1434	1434	(5) whether the officer or any other person was
1435	1435	injured or died as a result of the incident.
1436	1436	(b) Not later than the 30th day after the date of the
1437	1437	occurrence of an incident described by Subsection (a), the law
1438	1438	enforcement agency employing the injured or deceased officer at the
1439	1439	time of the incident shall complete and submit a written or
1440	1440	electronic report, using the form created under that subsection, to
1441	1441	the attorney general. The report must include all information
1442	1442	described in Subsection (a).
1443	1443	(c) Not later than March 1 of each year, the attorney
1444	1444	general shall submit a report regarding all incidents described by
1445	1445	Subsection (a) that occurred during the preceding year to the
1446	1446	governor and the standing legislative committees with primary
1447	1447	jurisdiction over criminal justice matters. The report must
1448	1448	include:
1449	1449	(1) the total number of incidents that occurred;
1450	1450	(2) a summary of the reports submitted to the attorney
1451	1451	general under this article; and
1452	1452	(3) a copy of each report submitted to the attorney
1453	1453	general under this article. (Code Crim. Proc., Art. 2.1395.)
1454	1454	Art. 2A.208. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS
1455	1455	FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. (a) The attorney
1456	1456	general shall conduct an investigation after receiving a written
1457	1457	and signed report, on a form prescribed by the attorney general,
1458	1458	asserting that a law enforcement agency failed to submit a report
1459	1459	required by Article 2A.206 or 2A.207. If the attorney general
1460	1460	determines that the law enforcement agency failed to submit the
1461	1461	report, the attorney general shall provide notice of the failure to
1462	1462	the agency. The notice must summarize the applicable reporting
1463	1463	requirement and state that the agency may be subject to a civil
1464	1464	penalty as provided by Subsection (b) or (c), as applicable.
1465	1465	(b) Except as provided by Subsection (c), a law enforcement
1466	1466	agency that fails to submit the required report on or before the
1467	1467	seventh day after the date of receiving notice under Subsection (a)
1468	1468	is liable for a civil penalty in the amount of $1,000 for each day
1469	1469	after the seventh day that the agency fails to submit the report.
1470	1470	(c) Beginning on the day after the date of receiving notice
1471	1471	under Subsection (a), a law enforcement agency that, in the
1472	1472	five-year period preceding the date the agency received the notice,
1473	1473	has been liable for a civil penalty under Subsection (b) or this
1474	1474	subsection is liable for a civil penalty for each day the agency
1475	1475	fails to submit the required report. The amount of a civil penalty
1476	1476	under this subsection is $10,000 for the first day and $1,000 for
1477	1477	each additional day that the agency fails to submit the report.
1478	1478	(d) The attorney general may sue to collect a civil penalty
1479	1479	under this article.
1480	1480	(e) A civil penalty collected under this article shall be
1481	1481	deposited to the credit of the compensation to victims of crime fund
1482	1482	established under Subchapter J, Chapter 56B. (Code Crim. Proc.,
1483	1483	Art. 2.13951.)
1484	1484	Art. 2A.209. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE.
1485	1485	(a) In this article:
1486	1486	(1) "Attorney representing the state" means an
1487	1487	attorney authorized by law to represent the state in a criminal
1488	1488	case, including a district attorney, criminal district attorney, or
1489	1489	county attorney with criminal jurisdiction. The term does not
1490	1490	include an attorney representing the state in a justice or
1491	1491	municipal court under Chapter 45.
1492	1492	(2) "Law enforcement agency" means an agency of the
1493	1493	state or an agency of a political subdivision of the state
1494	1494	authorized by law to employ peace officers.
1495	1495	(b) A law enforcement agency filing a case with an attorney
1496	1496	representing the state shall submit to the attorney representing
1497	1497	the state a written statement by an agency employee with knowledge
1498	1498	of the case acknowledging that all documents, items, and
1499	1499	information in the possession of the agency that are required to be
1500	1500	disclosed to the defendant in the case under Article 39.14 have been
1501	1501	disclosed to the attorney representing the state.
1502	1502	(c) If at any time after a case is filed with an attorney
1503	1503	representing the state the law enforcement agency discovers or
1504	1504	acquires any additional document, item, or information required to
1505	1505	be disclosed to the defendant under Article 39.14, an agency
1506	1506	employee shall promptly disclose the document, item, or information
1507	1507	to the attorney representing the state. (Code Crim. Proc., Art.
1508	1508	2.1397.)
1509	1509	Art. 2A.210. JUDGES: REPORTING OF CERTAIN ALIENS TO FEDERAL
1510	1510	GOVERNMENT. A judge shall report to United States Immigration and
1511	1511	Customs Enforcement a person who:
1512	1512	(1) has been convicted of an offense or placed on
1513	1513	deferred adjudication community supervision for a felony in the
1514	1514	judge's court; and
1515	1515	(2) is an illegal criminal alien as defined by Section
1516	1516	493.015, Government Code. (Code Crim. Proc., Art. 2.25.)
1517	1517	Art. 2A.211. CLERKS: HATE CRIME REPORTING. (a) The clerk
1518	1518	of a district or county court in which an affirmative finding under
1519	1519	Article 42.014 is requested shall report that request to the Texas
1520	1520	Judicial Council, along with a statement as to whether the request
1521	1521	was granted by the court and, if so, whether the affirmative finding
1522	1522	was entered in the judgment in the case.
1523	1523	(b) The clerk shall make the report required by Subsection
1524	1524	(a) not later than the 30th day after the date the judgment is
1525	1525	entered in the case. (Code Crim. Proc., Art. 2.211.)
1526	1526	Art. 2A.212. CLERKS: WRIT OF ATTACHMENT REPORTING. Not
1527	1527	later than the 30th day after the date a writ of attachment is
1528	1528	issued in a district court, statutory county court, or county
1529	1529	court, the clerk of the court shall report to the Texas Judicial
1530	1530	Council:
1531	1531	(1) the date the attachment was issued;
1532	1532	(2) whether the attachment was issued in connection
1533	1533	with a grand jury investigation, criminal trial, or other criminal
1534	1534	proceeding;
1535	1535	(3) the name of the person requesting and of the judge
1536	1536	issuing the attachment; and
1537	1537	(4) the statutory authority under which the attachment
1538	1538	was issued. (Code Crim. Proc., Art. 2.212.)
1539	1539	Art. 2A.213. CLERKS, STATE AGENCIES, AND ATTORNEYS
1540	1540	REPRESENTING STATE: REPORT TO ATTORNEY GENERAL. (a) On written
1541	1541	request by the attorney general, the clerk of a district or county
1542	1542	court shall report to the attorney general information in court
1543	1543	records that relates to a criminal matter, including information
1544	1544	requested for purposes of federal habeas review. The clerk shall
1545	1545	provide the report:
1546	1546	(1) not later than the 10th day after the date the
1547	1547	request is received; and
1548	1548	(2) in the form prescribed by the attorney general.
1549	1549	(b) On written request by the attorney general, a state
1550	1550	agency or the office of an attorney representing the state shall
1551	1551	provide to the attorney general any record that is needed for
1552	1552	purposes of federal habeas review. The agency or office shall
1553	1553	provide the record:
1554	1554	(1) not later than the 10th day after the date the
1555	1555	request is received; and
1556	1556	(2) in the form prescribed by the attorney general.
1557	1557	(c) A district court, county court, state agency, or office
1558	1558	of an attorney representing the state may not restrict or delay the
1559	1559	reproduction or delivery of a record requested by the attorney general under this article. (Code Crim. Proc., Art. 2.23.)
1560	1560	CHAPTER 2B. LAW ENFORCEMENT INTERACTIONS WITH PUBLIC
1561	1561	SUBCHAPTER A. GENERAL PROVISIONS
1562	1562	Art. 2B.0001. DEFINITIONS
1563	1563	SUBCHAPTER B. RACIAL PROFILING; MOTOR VEHICLE STOPS
1564	1564	Art. 2B.0051. DEFINITIONS
1565	1565	Art. 2B.0052. RACIAL PROFILING PROHIBITED
1566	1566	Art. 2B.0053. LAW ENFORCEMENT POLICY ON RACIAL
1567	1567	PROFILING
1568	1568	Art. 2B.0054. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS
1569	1569	Art. 2B.0055. COMPILATION AND ANALYSIS OF INFORMATION
1570	1570	COLLECTED
1571	1571	Art. 2B.0056. PRIMA FACIE EVIDENCE
1572	1572	Art. 2B.0057. LIABILITY
1573	1573	Art. 2B.0058. CIVIL PENALTY
1574	1574	Art. 2B.0059. RULES
1575	1575	SUBCHAPTER C. BODY WORN CAMERA PROGRAM
1576	1576	Art. 2B.0101. DEFINITIONS
1577	1577	Art. 2B.0102. GRANTS FOR BODY WORN CAMERAS
1578	1578	Art. 2B.0103. GRANTS FOR BODY WORN CAMERA DATA STORAGE
1579	1579	Art. 2B.0104. REPORTING
1580	1580	Art. 2B.0105. INTERAGENCY OR INTERLOCAL CONTRACTS
1581	1581	Art. 2B.0106. BODY WORN CAMERA POLICY
1582	1582	Art. 2B.0107. TRAINING
1583	1583	Art. 2B.0108. RECORDING INTERACTIONS WITH PUBLIC
1584	1584	Art. 2B.0109. USE OF PERSONAL EQUIPMENT
1585	1585	Art. 2B.0110. OFFENSE
1586	1586	Art. 2B.0111. RECORDINGS AS EVIDENCE
1587	1587	Art. 2B.0112. RELEASE OF INFORMATION RECORDED BY BODY
1588	1588	WORN CAMERA
1589	1589	Art. 2B.0113. BODY WORN CAMERA RECORDINGS; REQUEST FOR
1590	1590	ATTORNEY GENERAL DECISION REGARDING
1591	1591	PUBLIC INFORMATION
1592	1592	Art. 2B.0114. PRODUCTION OF BODY WORN CAMERA RECORDING
1593	1593	IN RESPONSE TO VOLUMINOUS PUBLIC
1594	1594	INFORMATION REQUESTS
1595	1595	SUBCHAPTER D. VIDEO AND AUDIO EQUIPMENT AND RECORDINGS OF MOTOR
1596	1596	VEHICLE STOPS
1597	1597	Art. 2B.0151. FEASIBILITY OF VIDEO AND AUDIO EQUIPMENT
1598	1598	AND RECORDINGS FOR MOTOR VEHICLE STOPS
1599	1599	Art. 2B.0152. PROVISION OF MONEY OR EQUIPMENT
1600	1600	Art. 2B.0153. RULES
1601	1601	Art. 2B.0154. VIDEO RECORDINGS OF ARRESTS FOR
1602	1602	INTOXICATION OFFENSES
1603	1603	SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS
1604	1604	Art. 2B.0201. DEFINITIONS
1605	1605	Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION
1606	1606	REQUIRED; EXCEPTIONS
1607	1607	Art. 2B.0203. PUBLIC DISCLOSURE
1608	1608	SUBCHAPTER F. USE OF FORCE
1609	1609	Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE
1610	1610	FORCE; REPORT REQUIRED
1611	1611	Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR
1612	1612	ARREST PROHIBITED
1613	1613	Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE
1614	1614	BY DRONE
1615	1615	SUBCHAPTER G. DUTY TO REQUEST AND RENDER AID
1616	1616	Art. 2B.0301. DUTY TO REQUEST AND RENDER AID
1617	1617	CHAPTER 2B. LAW ENFORCEMENT INTERACTIONS WITH PUBLIC
1618	1618	SUBCHAPTER A. GENERAL PROVISIONS
1619	1619	Art. 2B.0001. DEFINITIONS. In this chapter:
1620	1620	(1) "Commission" means the Texas Commission on Law
1621	1621	Enforcement.
1622	1622	(2) "Department" means the Department of Public Safety
1623	1623	of the State of Texas. (Occ. Code, Sec. 1701.651(2); New.)
1624	1624	SUBCHAPTER B. RACIAL PROFILING; MOTOR VEHICLE STOPS
1625	1625	Art. 2B.0051. DEFINITIONS. In this subchapter:
1626	1626	(1) "Bodily injury" has the meaning assigned by
1627	1627	Section 1.07, Penal Code.
1628	1628	(2) "Motor vehicle stop" means an occasion in which a
1629	1629	peace officer stops a motor vehicle for an alleged violation of a
1630	1630	law or ordinance.
1631	1631	(3) "Race or ethnicity" means the following
1632	1632	categories:
1633	1633	(A) Alaska native or American Indian;
1634	1634	(B) Asian or Pacific Islander;
1635	1635	(C) black;
1636	1636	(D) Hispanic or Latino; and
1637	1637	(E) white.
1638	1638	(4) "Racial profiling" means a law
1639	1639	enforcement-initiated action based on an individual's race,
1640	1640	ethnicity, or national origin rather than on the individual's
1641	1641	behavior or on information identifying the individual as having
1642	1642	engaged in criminal activity. (Code Crim. Proc., Arts.
1643	1643	2.132(a)(2), (3), (b) (part), 2.133(a), (b) (part), 2.134(a),
1644	1644	3.05.)
1645	1645	Art. 2B.0052. RACIAL PROFILING PROHIBITED. A peace officer
1646	1646	may not engage in racial profiling. (Code Crim. Proc., Art. 2.131.)
1647	1647	Art. 2B.0053. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
1648	1648	(a) In this article, "law enforcement agency" means an agency of
1649	1649	this state, or of a county, municipality, or other political
1650	1650	subdivision of this state, that employs peace officers who make
1651	1651	motor vehicle stops in the routine performance of the officers'
1652	1652	official duties.
1653	1653	(b) Each law enforcement agency shall adopt a detailed
1654	1654	written policy on racial profiling. The policy must:
1655	1655	(1) clearly define acts constituting racial
1656	1656	profiling;
1657	1657	(2) strictly prohibit peace officers employed by the
1658	1658	agency from engaging in racial profiling;
1659	1659	(3) implement a process by which an individual may
1660	1660	file a complaint with the agency if the individual believes that a
1661	1661	peace officer employed by the agency has engaged in racial
1662	1662	profiling with respect to the individual;
1663	1663	(4) provide public education relating to the agency's
1664	1664	compliment and complaint process, including providing the
1665	1665	telephone number, mailing address, and e-mail address to make a
1666	1666	compliment or complaint with respect to each ticket, citation, or
1667	1667	warning issued by a peace officer;
1668	1668	(5) require the agency employing a peace officer to
1669	1669	take appropriate corrective action against the peace officer after
1670	1670	an investigation shows that the peace officer has engaged in racial
1671	1671	profiling in violation of the agency's policy adopted under this
1672	1672	article;
1673	1673	(6) require collection of information relating to
1674	1674	motor vehicle stops in which a ticket, citation, or warning is
1675	1675	issued and to arrests made as a result of those stops, including
1676	1676	information relating to:
1677	1677	(A) the race or ethnicity of the individual
1678	1678	detained;
1679	1679	(B) whether a search was conducted and, if so,
1680	1680	whether the individual detained consented to the search;
1681	1681	(C) whether the peace officer knew the race or
1682	1682	ethnicity of the individual detained before detaining that
1683	1683	individual;
1684	1684	(D) whether the peace officer used physical force
1685	1685	that resulted in bodily injury during the stop;
1686	1686	(E) the location of the stop; and
1687	1687	(F) the reason for the stop; and
1688	1688	(7) require the chief administrator of the agency,
1689	1689	regardless of whether the administrator is elected, employed, or
1690	1690	appointed, to submit an annual report of the information collected
1691	1691	under Subdivision (6) to:
1692	1692	(A) the commission; and
1693	1693	(B) the governing body of each county or
1694	1694	municipality served by the agency, if the agency is an agency of a
1695	1695	county, municipality, or other political subdivision of this state.
1696	1696	(c) On the commencement of an investigation by a law
1697	1697	enforcement agency of a complaint described by Subsection (b)(3) in
1698	1698	which there is a video or audio recording of the occurrence that is
1699	1699	the basis for the complaint, the agency shall promptly provide a
1700	1700	copy of the recording to the peace officer who is the subject of the
1701	1701	complaint on written request by the officer for a copy of the
1702	1702	recording.
1703	1703	(d) A law enforcement agency shall review the data collected
1704	1704	under Subsection (b)(6) to identify any improvements the agency
1705	1705	could make in the agency's practices and policies regarding motor
1706	1706	vehicle stops.
1707	1707	(e) A report required under Subsection (b)(7) may not
1708	1708	include identifying information about a peace officer who makes a
1709	1709	motor vehicle stop or about an individual who is stopped or arrested
1710	1710	by a peace officer. This subsection does not affect the collection
1711	1711	of information required by a policy under Subsection (b)(6).
1712	1712	(f) The commission shall begin disciplinary procedures
1713	1713	against the chief administrator of a law enforcement agency if the
1714	1714	commission finds that the chief administrator intentionally failed
1715	1715	to submit a report required under Subsection (b)(7). (Code Crim.
1716	1716	Proc., Arts. 2.132(a)(1), (b) (part), (e), (f), (g), (h).)
1717	1717	Art. 2B.0054. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.
1718	1718	(a) A peace officer who makes a motor vehicle stop shall report to
1719	1719	the law enforcement agency that employs the officer information
1720	1720	relating to the stop, including:
1721	1721	(1) a physical description of any individual operating
1722	1722	the motor vehicle who is detained as a result of the stop,
1723	1723	including:
1724	1724	(A) the individual's gender; and
1725	1725	(B) the individual's race or ethnicity, as stated
1726	1726	by the individual or, if the individual does not state the
1727	1727	individual's race or ethnicity, as determined by the officer to the
1728	1728	best of the officer's ability;
1729	1729	(2) the initial reason for the stop;
1730	1730	(3) whether the officer conducted a search as a result
1731	1731	of the stop and, if so:
1732	1732	(A) whether the individual detained consented to
1733	1733	the search;
1734	1734	(B) the reason for the search, including whether:
1735	1735	(i) any contraband or other evidence was in
1736	1736	plain view;
1737	1737	(ii) any probable cause or reasonable
1738	1738	suspicion existed to perform the search; or
1739	1739	(iii) the search was performed because the
1740	1740	motor vehicle was towed or because of the arrest of any individual
1741	1741	in the motor vehicle; and
1742	1742	(C) whether any contraband or other evidence was
1743	1743	discovered during the search and a description of the contraband or
1744	1744	evidence;
1745	1745	(4) whether the officer made an arrest as a result of
1746	1746	the stop or the search and, if so, a statement of:
1747	1747	(A) whether the arrest was based on:
1748	1748	(i) a violation of the Penal Code;
1749	1749	(ii) a violation of a traffic law or
1750	1750	ordinance; or
1751	1751	(iii) an outstanding warrant; and
1752	1752	(B) the offense charged;
1753	1753	(5) the street address or approximate location of the
1754	1754	stop;
1755	1755	(6) whether the officer issued a verbal or written
1756	1756	warning or a ticket or citation as a result of the stop; and
1757	1757	(7) whether the officer used physical force that
1758	1758	resulted in bodily injury during the stop.
1759	1759	(b) The chief administrator of a law enforcement agency,
1760	1760	regardless of whether the administrator is elected, employed, or
1761	1761	appointed, is responsible for auditing reports under Subsection (a)
1762	1762	to ensure that the race or ethnicity of the individual operating the
1763	1763	motor vehicle is reported. (Code Crim. Proc., Arts. 2.133(b)
1764	1764	(part), (c).)
1765	1765	Art. 2B.0055. COMPILATION AND ANALYSIS OF INFORMATION
1766	1766	COLLECTED. (a) A law enforcement agency shall compile and analyze
1767	1767	the information contained in each report received by the agency
1768	1768	under Article 2B.0054.
1769	1769	(b) Not later than March 1 of each year, each law
1770	1770	enforcement agency shall submit a report containing the
1771	1771	incident-based data compiled during the previous calendar year to:
1772	1772	(1) the commission; and
1773	1773	(2) the governing body of each county or municipality
1774	1774	served by the agency, if the law enforcement agency is a local law
1775	1775	enforcement agency.
1776	1776	(c) A report required under Subsection (b) must be submitted
1777	1777	by the chief administrator of the law enforcement agency,
1778	1778	regardless of whether the administrator is elected, employed, or
1779	1779	appointed. The report must include:
1780	1780	(1) a comparative analysis of the information compiled
1781	1781	under Article 2B.0054 to:
1782	1782	(A) evaluate and compare the number of motor
1783	1783	vehicle stops, within the applicable jurisdiction, of:
1784	1784	(i) individuals recognized as members of
1785	1785	racial or ethnic minority groups; and
1786	1786	(ii) individuals not recognized as members
1787	1787	of racial or ethnic minority groups;
1788	1788	(B) examine the disposition of motor vehicle
1789	1789	stops made by officers employed by the agency, categorized
1790	1790	according to the race or ethnicity of the individuals affected, as
1791	1791	appropriate, including any searches resulting from stops within the
1792	1792	applicable jurisdiction; and
1793	1793	(C) evaluate and compare the number of searches
1794	1794	resulting from motor vehicle stops within the applicable
1795	1795	jurisdiction and whether contraband or other evidence was
1796	1796	discovered during those searches; and
1797	1797	(2) information relating to each complaint filed with
1798	1798	the agency alleging that a peace officer employed by the agency has
1799	1799	engaged in racial profiling.
1800	1800	(d) A report required under Subsection (b) may not include
1801	1801	identifying information about a peace officer who makes a motor
1802	1802	vehicle stop or about an individual who is stopped or arrested by a
1803	1803	peace officer. This subsection does not affect the reporting of
1804	1804	information required under Article 2B.0054(a)(1).
1805	1805	(e) The commission, in accordance with Section 1701.162,
1806	1806	Occupations Code, shall develop guidelines for compiling and
1807	1807	reporting information as required by this article.
1808	1808	(f) The commission shall begin disciplinary procedures
1809	1809	against the chief administrator of a law enforcement agency if the
1810	1810	commission finds that the chief administrator intentionally failed
1811	1811	to submit a report required under Subsection (b). (Code Crim.
1812	1812	Proc., Arts. 2.134(b), (c), (d), (e), (g).)
1813	1813	Art. 2B.0056. PRIMA FACIE EVIDENCE. The data collected as a
1814	1814	result of the reporting requirements of Articles 2B.0053 and
1815	1815	2B.0055 does not constitute prima facie evidence of racial
1816	1816	profiling. (Code Crim. Proc., Arts. 2.132(c), 2.134(f).)
1817	1817	Art. 2B.0057. LIABILITY. A peace officer is not liable for
1818	1818	damages arising from an act relating to the collection or reporting
1819	1819	of information as required by Article 2B.0054 or under a policy
1820	1820	adopted under Article 2B.0053. (Code Crim. Proc., Art. 2.136.)
1821	1821	Art. 2B.0058. CIVIL PENALTY. (a) If the chief
1822	1822	administrator of a local law enforcement agency intentionally fails
1823	1823	to submit the incident-based data required by Article 2B.0055, the
1824	1824	agency is liable to the state for a civil penalty in an amount not to
1825	1825	exceed $5,000 for each violation. The attorney general may sue to
1826	1826	collect a civil penalty under this subsection.
1827	1827	(b) From money appropriated to the agency for the
1828	1828	administration of the agency, the executive director of a state law
1829	1829	enforcement agency that intentionally fails to submit the
1830	1830	incident-based data required by Article 2B.0055 shall remit to the
1831	1831	comptroller the amount of $1,000 for each violation.
1832	1832	(c) Money collected under this article shall be deposited in
1833	1833	the state treasury to the credit of the general revenue fund. (Code
1834	1834	Crim. Proc., Art. 2.1385.)
1835	1835	Art. 2B.0059. RULES. The department may adopt rules to
1836	1836	implement Articles 2B.0052, 2B.0053, 2B.0054, 2B.0055, 2B.0056,
1837	1837	and 2B.0057. (Code Crim. Proc., Art. 2.138.)
1838	1838	SUBCHAPTER C. BODY WORN CAMERA PROGRAM
1839	1839	Art. 2B.0101. DEFINITIONS. In this subchapter:
1840	1840	(1) "Body worn camera" means a recording device that
1841	1841	is:
1842	1842	(A) capable of recording, or transmitting to be
1843	1843	recorded remotely, video or audio; and
1844	1844	(B) worn on the person of a peace officer, which
1845	1845	includes being attached to the officer's clothing or worn as
1846	1846	glasses.
1847	1847	(2) "Officer" and "peace officer" have the meanings
1848	1848	assigned by Section 1701.001, Occupations Code.
1849	1849	(3) "Private space" means a location in which an
1850	1850	individual has a reasonable expectation of privacy, including an
1851	1851	individual's home. (Occ. Code, Secs. 1701.651(1), (3); New.)
1852	1852	Art. 2B.0102. GRANTS FOR BODY WORN CAMERAS. (a) A police
1853	1853	department of a municipality in this state, a sheriff of a county in
1854	1854	this state who has received the approval of the commissioners court
1855	1855	for the purpose, or the department may apply to the governor's
1856	1856	office for a grant to defray the cost of implementing this
1857	1857	subchapter and to equip peace officers with body worn cameras if
1858	1858	that law enforcement agency employs officers who:
1859	1859	(1) engage in traffic or highway patrol or otherwise
1860	1860	regularly detain or stop motor vehicles; or
1861	1861	(2) are primary responders who respond directly to
1862	1862	calls for assistance from the public.
1863	1863	(b) The governor's office shall set deadlines for
1864	1864	applications for grants under this subchapter.
1865	1865	(c) Except as provided by Subsection (d), the governor's
1866	1866	office shall create and implement a matching grant program under
1867	1867	which matching funds from federal, state, local, and other funding
1868	1868	sources may be required as a condition of the grant. A law
1869	1869	enforcement agency that receives a grant under this article is
1870	1870	required to match 25 percent of the grant money.
1871	1871	(d) The department is eligible for grants under this
1872	1872	subchapter but is not subject to any requirement for matching
1873	1873	funds.
1874	1874	(e) The governor's office may conditionally award a grant to
1875	1875	a law enforcement agency that has not adopted and implemented the
1876	1876	policy under Article 2B.0106 or implemented the training required
1877	1877	under Article 2B.0107. Money may not be disbursed to the law
1878	1878	enforcement agency until the agency fully complies with those
1879	1879	articles. (Occ. Code, Sec. 1701.652.)
1880	1880	Art. 2B.0103. GRANTS FOR BODY WORN CAMERA DATA
1881	1881	STORAGE. (a) A law enforcement agency in this state that provides
1882	1882	body worn cameras to its peace officers may apply to the office of
1883	1883	the governor for a grant to defray the cost of data storage for
1884	1884	recordings created with the body worn cameras.
1885	1885	(b) The grant program established by this article may be
1886	1886	funded by federal funds or by gifts, grants, and donations. (Occ.
1887	1887	Code, Sec. 1701.6521.)
1888	1888	Art. 2B.0104. REPORTING. (a) As a condition of receiving a
1889	1889	grant under this subchapter, a law enforcement agency shall report
1890	1890	to the commission annually regarding the costs of implementing a
1891	1891	body worn camera program, including all known equipment costs and
1892	1892	costs for data storage.
1893	1893	(b) The commission shall compile the information submitted
1894	1894	under Subsection (a) into a report and submit the report to the
1895	1895	governor's office and the legislature not later than December 1 of
1896	1896	each year. (Occ. Code, Sec. 1701.653.)
1897	1897	Art. 2B.0105. INTERAGENCY OR INTERLOCAL CONTRACTS. A law
1898	1898	enforcement agency in this state may enter into an interagency or
1899	1899	interlocal contract to receive body worn camera services and have
1900	1900	the identified operations performed through a program established
1901	1901	by the Department of Information Resources. (Occ. Code, Sec.
1902	1902	1701.654.)
1903	1903	Art. 2B.0106. BODY WORN CAMERA POLICY. (a) A law
1904	1904	enforcement agency that receives a grant to provide body worn
1905	1905	cameras to the agency's peace officers or that otherwise operates a
1906	1906	body worn camera program shall adopt a policy for the use of body
1907	1907	worn cameras.
1908	1908	(b) A policy described by Subsection (a) must ensure that a
1909	1909	body worn camera is activated only for a law enforcement purpose and
1910	1910	must include:
1911	1911	(1) guidelines for when a peace officer should
1912	1912	activate a camera or discontinue a recording currently in progress,
1913	1913	considering the need for privacy in certain situations and at
1914	1914	certain locations;
1915	1915	(2) provisions relating to:
1916	1916	(A) data retention, including a provision
1917	1917	requiring the retention of video for at least 90 days;
1918	1918	(B) storage of video and audio;
1919	1919	(C) creation of backup copies of the video and
1920	1920	audio;
1921	1921	(D) maintenance of data security; and
1922	1922	(E) the collection of a body worn camera,
1923	1923	including the applicable video and audio recorded by the camera, as
1924	1924	evidence;
1925	1925	(3) guidelines for public access, through open records
1926	1926	requests, to recordings that are public information;
1927	1927	(4) provisions entitling an officer to access any
1928	1928	recording of an incident involving the officer before the officer
1929	1929	is required to make a statement about the incident;
1930	1930	(5) procedures for supervisory or internal review; and
1931	1931	(6) provisions for the handling and documenting of
1932	1932	equipment and malfunctions of equipment.
1933	1933	(c) A policy described by Subsection (a) may not require a
1934	1934	peace officer to keep a body worn camera activated for the entire
1935	1935	period of the officer's shift.
1936	1936	(d) A policy described by Subsection (a) must require a
1937	1937	peace officer who is equipped with a body worn camera and actively
1938	1938	participating in an investigation to keep the camera activated for
1939	1939	the entirety of the officer's active participation in the
1940	1940	investigation unless the camera has been deactivated in compliance
1941	1941	with that policy.
1942	1942	(e) A policy adopted under this article must be consistent
1943	1943	with the Federal Rules of Evidence and Texas Rules of Evidence.
1944	1944	(Occ. Code, Sec. 1701.655.)
1945	1945	Art. 2B.0107. TRAINING. (a) Before a law enforcement
1946	1946	agency may operate a body worn camera program, the agency must
1947	1947	provide training to:
1948	1948	(1) peace officers who will wear the body worn
1949	1949	cameras; and
1950	1950	(2) any other personnel who will come into contact
1951	1951	with video and audio data obtained from the use of body worn
1952	1952	cameras.
1953	1953	(b) The commission, in consultation with the department,
1954	1954	the Bill Blackwood Law Enforcement Management Institute of Texas,
1955	1955	the Caruth Police Institute at Dallas, and the Texas Police Chiefs
1956	1956	Association, shall develop or approve a curriculum for a training
1957	1957	program under this article. (Occ. Code, Sec. 1701.656.)
1958	1958	Art. 2B.0108. RECORDING INTERACTIONS WITH PUBLIC. (a) A
1959	1959	peace officer equipped with a body worn camera shall act in a manner
1960	1960	that is consistent with the policy of the law enforcement agency
1961	1961	that employs the officer with respect to when and under what
1962	1962	circumstances a body worn camera must be activated.
1963	1963	(b) A peace officer equipped with a body worn camera may
1964	1964	choose not to activate a camera or may choose to discontinue a
1965	1965	recording currently in progress for any encounter with an
1966	1966	individual that is not related to an investigation.
1967	1967	(c) A peace officer who does not activate a body worn camera
1968	1968	in response to a call for assistance shall include in the officer's
1969	1969	incident report or otherwise note in the case file or record the
1970	1970	reason for not activating the camera.
1971	1971	(d) Any justification for failing to activate the body worn
1972	1972	camera because it is unsafe, unrealistic, or impracticable must be
1973	1973	based on whether a reasonable officer under the same or similar
1974	1974	circumstances would have made the same decision. (Occ. Code, Sec.
1975	1975	1701.657.)
1976	1976	Art. 2B.0109. USE OF PERSONAL EQUIPMENT. (a) If a law
1977	1977	enforcement agency receives a grant under Article 2B.0102, a peace
1978	1978	officer who is employed by the agency and who is on duty may only use
1979	1979	a body worn camera that is issued and maintained by that agency.
1980	1980	(b) Notwithstanding any previous policy, an agency may not
1981	1981	allow its peace officers to use privately owned body worn cameras
1982	1982	after receiving a grant described by this article.
1983	1983	(c) A peace officer who is employed by a law enforcement
1984	1984	agency that has not received a grant described by this article or
1985	1985	who has not otherwise been provided with a body worn camera by the
1986	1986	agency that employs the officer may operate a body worn camera that
1987	1987	is privately owned only if permitted by the employing agency.
1988	1988	(d) An agency that authorizes the use of privately owned
1989	1989	body worn cameras under Subsection (c) must make provisions for the
1990	1990	security and compatibility of the recordings made by those cameras.
1991	1991	(Occ. Code, Sec. 1701.658.)
1992	1992	Art. 2B.0110. OFFENSE. (a) A peace officer or other
1993	1993	employee of a law enforcement agency commits an offense if the
1994	1994	officer or employee releases a recording created with a body worn
1995	1995	camera under this subchapter without permission of the applicable
1996	1996	law enforcement agency.
1997	1997	(b) An offense under this article is a Class A misdemeanor.
1998	1998	(Occ. Code, Sec. 1701.659.)
1999	1999	Art. 2B.0111. RECORDINGS AS EVIDENCE. (a) Except as
2000	2000	provided by Subsections (b) and (c), a recording created with a body
2001	2001	worn camera that documents an incident that involves the use of
2002	2002	deadly force by a peace officer or that is otherwise related to an
2003	2003	administrative or criminal investigation of an officer may not be
2004	2004	deleted, destroyed, or released to the public until all criminal
2005	2005	matters have been finally adjudicated and all related
2006	2006	administrative investigations have concluded.
2007	2007	(b) A law enforcement agency may permit an individual who is
2008	2008	depicted in a recording of an incident described by Subsection (a)
2009	2009	or, if the individual is deceased, the individual's authorized
2010	2010	representative, to view the recording, if the law enforcement
2011	2011	agency determines that the viewing furthers a law enforcement
2012	2012	purpose and any authorized representative who is permitted to view
2013	2013	the recording was not a witness to the incident. An individual
2014	2014	viewing a recording under this subsection may not duplicate the
2015	2015	recording or capture video or audio from the recording. A permitted
2016	2016	viewing of a recording under this subsection is not considered to be
2017	2017	a release of public information for purposes of Chapter 552,
2018	2018	Government Code.
2019	2019	(c) A law enforcement agency may release to the public a
2020	2020	recording described by Subsection (a) if the law enforcement agency
2021	2021	determines that the release furthers a law enforcement purpose.
2022	2022	(d) This article does not affect the authority of a law
2023	2023	enforcement agency to withhold under Section 552.108, Government
2024	2024	Code, information related to a closed criminal investigation that
2025	2025	did not result in a conviction or a grant of deferred adjudication
2026	2026	community supervision. (Occ. Code, Sec. 1701.660.)
2027	2027	Art. 2B.0112. RELEASE OF INFORMATION RECORDED BY BODY WORN
2028	2028	CAMERA. (a) A member of the public who submits a written request to
2029	2029	a law enforcement agency for information recorded by a body worn
2030	2030	camera must include with the request:
2031	2031	(1) the date and approximate time of the recording;
2032	2032	(2) the specific location where the recording
2033	2033	occurred; and
2034	2034	(3) the name of one or more individuals known to be a
2035	2035	subject of the recording.
2036	2036	(b) Failure to provide all of the information required by
2037	2037	Subsection (a) does not preclude the requestor from making a future
2038	2038	request for the same recorded information.
2039	2039	(c) Except as provided by Subsection (d), information
2040	2040	recorded by a body worn camera and held by a law enforcement agency
2041	2041	under this subchapter is not subject to Section 552.021, Government
2042	2042	Code.
2043	2043	(d) Information that is or could be used as evidence in a
2044	2044	criminal prosecution is subject to Section 552.021, Government
2045	2045	Code.
2046	2046	(e) A law enforcement agency may:
2047	2047	(1) seek to withhold information subject to Subsection
2048	2048	(d) in accordance with procedures provided by Section 552.301,
2049	2049	Government Code;
2050	2050	(2) assert any exception to disclosure under Chapter
2051	2051	552, Government Code, or other law; or
2052	2052	(3) release information requested in accordance with
2053	2053	Subsection (a) after the agency redacts any information made
2054	2054	confidential under Chapter 552, Government Code, or other law.
2055	2055	(f) A law enforcement agency may not release any portion of
2056	2056	a recording made in a private space, or of a recording involving the
2057	2057	investigation of conduct that constitutes a misdemeanor punishable
2058	2058	by fine only and does not result in arrest, without written
2059	2059	authorization from the individual who is the subject of that
2060	2060	portion of the recording or, if the individual is deceased, from the
2061	2061	individual's authorized representative.
2062	2062	(g) The attorney general shall set a proposed fee to be
2063	2063	charged to members of the public who seek to obtain a copy of a
2064	2064	recording under this article in an amount sufficient to cover the
2065	2065	cost of reviewing and making the recording. A law enforcement
2066	2066	agency may provide a copy without charge or at a reduced charge if
2067	2067	the agency determines that waiver or reduction of the charge is in
2068	2068	the public interest.
2069	2069	(h) A recording is confidential and excepted from the
2070	2070	requirements of Chapter 552, Government Code, if the recording:
2071	2071	(1) was not required to be made under this subchapter,
2072	2072	another law, or a policy adopted by the appropriate law enforcement
2073	2073	agency; and
2074	2074	(2) does not relate to a law enforcement purpose.
2075	2075	(Occ. Code, Sec. 1701.661.)
2076	2076	Art. 2B.0113. BODY WORN CAMERA RECORDINGS; REQUEST FOR
2077	2077	ATTORNEY GENERAL DECISION REGARDING PUBLIC INFORMATION. (a)
2078	2078	Notwithstanding Section 552.301(b), Government Code, a
2079	2079	governmental body's request for a decision from the attorney
2080	2080	general about whether a requested body worn camera recording falls
2081	2081	within an exception to public disclosure is considered timely if
2082	2082	made not later than the 20th business day after the date of receipt
2083	2083	of the written request.
2084	2084	(b) Notwithstanding Section 552.301(d), Government Code, a
2085	2085	governmental body's response to a requestor regarding a requested
2086	2086	body worn camera recording is considered timely if made not later
2087	2087	than the 20th business day after the date of receipt of the written
2088	2088	request.
2089	2089	(c) Notwithstanding Section 552.301(e), Government Code, a
2090	2090	governmental body's submission to the attorney general of the
2091	2091	information required by that subsection regarding a requested body
2092	2092	worn camera recording is considered timely if made not later than
2093	2093	the 25th business day after the date of receipt of the written
2094	2094	request.
2095	2095	(d) Notwithstanding Section 552.301(e-1), Government Code,
2096	2096	a governmental body's submission to a requestor of the information
2097	2097	required by that subsection regarding a requested body worn camera
2098	2098	recording is considered timely if made not later than the 25th
2099	2099	business day after the date of receipt of the written request.
2100	2100	(Occ. Code, Sec. 1701.662.)
2101	2101	Art. 2B.0114. PRODUCTION OF BODY WORN CAMERA RECORDING IN
2102	2102	RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a) For
2103	2103	purposes of this article, "voluminous request" includes:
2104	2104	(1) a request for body worn camera recordings from
2105	2105	more than five separate incidents;
2106	2106	(2) more than five separate requests for body worn
2107	2107	camera recordings from the same individual in a 24-hour period,
2108	2108	regardless of the number of incidents included in each request; and
2109	2109	(3) a request or multiple requests from the same
2110	2110	individual in a 24-hour period for body worn camera recordings
2111	2111	that, taken together, constitute more than five hours of video
2112	2112	footage.
2113	2113	(b) Notwithstanding Section 552.221(d), Government Code, an
2114	2114	officer for public information who is employed by a governmental
2115	2115	body and who receives a voluminous request in accordance with
2116	2116	Article 2B.0112(a) is considered to have promptly produced the
2117	2117	information for purposes of Section 552.221, Government Code, if
2118	2118	the officer takes the actions required under Section 552.221 not
2119	2119	later than the 20th business day after the date of receipt of the
2120	2120	written request. (Occ. Code, Sec. 1701.663.)
2121	2121	SUBCHAPTER D. VIDEO AND AUDIO EQUIPMENT AND RECORDINGS OF MOTOR
2122	2122	VEHICLE STOPS
2123	2123	Art. 2B.0151. FEASIBILITY OF VIDEO AND AUDIO EQUIPMENT AND
2124	2124	RECORDINGS FOR MOTOR VEHICLE STOPS. (a) In this article:
2125	2125	(1) "Law enforcement agency" has the meaning assigned
2126	2126	by Article 2B.0053.
2127	2127	(2) "Motor vehicle stop" has the meaning assigned by
2128	2128	Article 2B.0051.
2129	2129	(b) On adoption of a policy under Article 2B.0053(b), a law
2130	2130	enforcement agency shall examine the feasibility of:
2131	2131	(1) installing video camera and transmitter-activated
2132	2132	equipment in each agency law enforcement motor vehicle that is
2133	2133	regularly used to make motor vehicle stops;
2134	2134	(2) installing transmitter-activated equipment in
2135	2135	each agency law enforcement motorcycle regularly used to make motor
2136	2136	vehicle stops; and
2137	2137	(3) equipping with a body worn camera, as that term is
2138	2138	defined by Article 2B.0101, each peace officer who regularly
2139	2139	detains or stops motor vehicles.
2140	2140	(c) If a law enforcement agency installs video or audio
2141	2141	equipment or equips peace officers with body worn cameras as
2142	2142	provided by this article, the policy adopted by the agency under
2143	2143	Article 2B.0053(b) must include standards for reviewing video and
2144	2144	audio documentation. (Code Crim. Proc., Art. 2.132(d); New.)
2145	2145	Art. 2B.0152. PROVISION OF MONEY OR EQUIPMENT. (a) The
2146	2146	department shall adopt rules for providing money or video and audio
2147	2147	equipment to law enforcement agencies to:
2148	2148	(1) install video and audio equipment in law
2149	2149	enforcement motor vehicles and motorcycles; or
2150	2150	(2) equip peace officers with body worn cameras.
2151	2151	(b) The rules described by Subsection (a) must specify
2152	2152	criteria to prioritize money or equipment provided to law
2153	2153	enforcement agencies. The criteria may include consideration of
2154	2154	tax effort, financial hardship, available revenue, and budget
2155	2155	surpluses. The criteria must give priority to:
2156	2156	(1) law enforcement agencies that employ peace
2157	2157	officers whose primary duty is traffic enforcement;
2158	2158	(2) smaller jurisdictions; and
2159	2159	(3) municipal and county law enforcement agencies.
2160	2160	(c) The department shall collaborate with an institution of
2161	2161	higher education to identify law enforcement agencies that need
2162	2162	money or video and audio equipment for a purpose described by
2163	2163	Subsection (a). The collaboration may include the use of a survey to
2164	2164	assist in developing criteria to prioritize money or equipment
2165	2165	provided to law enforcement agencies.
2166	2166	(d) To receive money or video and audio equipment from the
2167	2167	state for a purpose described by Subsection (a), the governing body
2168	2168	of a county or municipality, in conjunction with the law
2169	2169	enforcement agency serving the county or municipality, shall
2170	2170	certify to the department that the law enforcement agency needs
2171	2171	money or video and audio equipment for that purpose.
2172	2172	(e) On receipt of money or video and audio equipment from
2173	2173	the state for a purpose described by Subsection (a), the governing
2174	2174	body of a county or municipality, in conjunction with the law
2175	2175	enforcement agency serving the county or municipality, shall
2176	2176	certify to the department that the law enforcement agency:
2177	2177	(1) has taken the necessary actions to use the video
2178	2178	and audio equipment or body worn cameras for that purpose; and
2179	2179	(2) is using the video and audio equipment or body worn
2180	2180	cameras for that purpose. (Code Crim. Proc., Art. 2.137.)
2181	2181	Art. 2B.0153. RULES. The department may adopt rules to
2182	2182	implement Articles 2B.0151 and 2B.0152. (Code Crim. Proc., Art.
2183	2183	2.138.)
2184	2184	Art. 2B.0154. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION
2185	2185	OFFENSES. An individual stopped or arrested on suspicion of an
2186	2186	offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
2187	2187	is entitled to receive from the law enforcement agency employing
2188	2188	the peace officer who made the stop or arrest a copy of any video
2189	2189	made by or at the direction of the officer that contains footage of:
2190	2190	(1) the stop;
2191	2191	(2) the arrest;
2192	2192	(3) the conduct of the individual stopped during any
2193	2193	interaction with the officer, including during the administration
2194	2194	of a field sobriety test; or
2195	2195	(4) a procedure in which a specimen of the individual's
2196	2196	breath or blood is taken. (Code Crim. Proc., Art. 2.1396.)
2197	2197	SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS
2198	2198	Art. 2B.0201. DEFINITIONS. In this subchapter:
2199	2199	(1) "Electronic recording" means an audiovisual
2200	2200	electronic recording, or an audio recording if an audiovisual
2201	2201	electronic recording is unavailable, that is authentic, accurate,
2202	2202	and unaltered.
2203	2203	(2) "Law enforcement agency" means an agency of this
2204	2204	state, or of a county, municipality, or other political subdivision
2205	2205	of this state, that employs peace officers who, in the routine
2206	2206	performance of the officers' duties, conduct custodial
2207	2207	interrogations of individuals suspected of committing criminal
2208	2208	offenses.
2209	2209	(3) "Place of detention" means a police station or
2210	2210	other building that is a place of operation for a law enforcement
2211	2211	agency, including a municipal police department or county sheriff's
2212	2212	department, and is owned or operated by the law enforcement agency
2213	2213	to detain individuals in connection with the suspected violation of
2214	2214	a penal law. The term does not include a courthouse. (Code Crim.
2215	2215	Proc., Art. 2.32(a).)
2216	2216	Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION
2217	2217	REQUIRED; EXCEPTIONS. (a) Unless good cause exists that makes
2218	2218	electronic recording infeasible, a law enforcement agency shall
2219	2219	make a complete and contemporaneous electronic recording of any
2220	2220	custodial interrogation that occurs in a place of detention and is
2221	2221	of an individual suspected of committing or charged with the
2222	2222	commission of an offense under the following provisions of the
2223	2223	Penal Code:
2224	2224	(1) Section 19.02 (murder);
2225	2225	(2) Section 19.03 (capital murder);
2226	2226	(3) Section 20.03 (kidnapping);
2227	2227	(4) Section 20.04 (aggravated kidnapping);
2228	2228	(5) Section 20A.02 (trafficking of persons);
2229	2229	(6) Section 20A.03 (continuous trafficking of
2230	2230	persons);
2231	2231	(7) Section 21.02 (continuous sexual abuse of young
2232	2232	child or disabled individual);
2233	2233	(8) Section 21.11 (indecency with a child);
2234	2234	(9) Section 21.12 (improper relationship between
2235	2235	educator and student);
2236	2236	(10) Section 22.011 (sexual assault);
2237	2237	(11) Section 22.021 (aggravated sexual assault); or
2238	2238	(12) Section 43.25 (sexual performance by a child).
2239	2239	(b) For purposes of Subsection (a), an electronic recording
2240	2240	of a custodial interrogation is complete only if the recording:
2241	2241	(1) begins at or before the time the individual being
2242	2242	interrogated enters the area of the place of detention in which the
2243	2243	custodial interrogation will take place or receives a warning
2244	2244	described by Section 2(a), Article 38.22, whichever is earlier; and
2245	2245	(2) continues until the time the interrogation ends.
2246	2246	(c) For purposes of Subsection (a), good cause that makes
2247	2247	electronic recording infeasible includes the following:
2248	2248	(1) the individual being interrogated refused to
2249	2249	respond or cooperate in a custodial interrogation at which an
2250	2250	electronic recording was being made, provided that:
2251	2251	(A) a contemporaneous recording of the refusal
2252	2252	was made; or
2253	2253	(B) the peace officer or agent of the law
2254	2254	enforcement agency conducting the interrogation attempted, in good
2255	2255	faith, to record the individual's refusal but the individual was
2256	2256	unwilling to have the refusal recorded, and the peace officer or
2257	2257	agent contemporaneously, in writing, documented the refusal;
2258	2258	(2) the statement was not made as the result of a
2259	2259	custodial interrogation, including a statement that was made
2260	2260	spontaneously by the accused and not in response to a question by a
2261	2261	peace officer;
2262	2262	(3) the peace officer or agent of the law enforcement
2263	2263	agency conducting the interrogation attempted, in good faith, to
2264	2264	record the interrogation but:
2265	2265	(A) the recording equipment did not function;
2266	2266	(B) the officer or agent inadvertently operated
2267	2267	the equipment incorrectly; or
2268	2268	(C) the equipment malfunctioned or stopped
2269	2269	operating without the knowledge of the officer or agent;
2270	2270	(4) exigent public safety concerns prevented or
2271	2271	rendered infeasible the making of an electronic recording of the
2272	2272	statement; or
2273	2273	(5) the peace officer or agent of the law enforcement
2274	2274	agency conducting the interrogation reasonably believed at the time
2275	2275	the interrogation commenced that the individual being interrogated
2276	2276	was not taken into custody for or being interrogated concerning the
2277	2277	commission of an offense listed in Subsection (a). (Code Crim.
2278	2278	Proc., Arts. 2.32(b), (c), (d).)
2279	2279	Art. 2B.0203. PUBLIC DISCLOSURE. A recording of a
2280	2280	custodial interrogation that complies with this subchapter is
2281	2281	exempt from public disclosure as provided by Section 552.108,
2282	2282	Government Code. (Code Crim. Proc., Art. 2.32(e).)
2283	2283	SUBCHAPTER F. USE OF FORCE
2284	2284	Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE FORCE;
2285	2285	REPORT REQUIRED. (a) A peace officer has a duty to intervene to
2286	2286	stop or prevent another peace officer from using force against a
2287	2287	person suspected of committing an offense if:
2288	2288	(1) the amount of force exceeds that which is
2289	2289	reasonable under the circumstances; and
2290	2290	(2) the officer knows or should know that the other
2291	2291	officer's use of force:
2292	2292	(A) violates state or federal law;
2293	2293	(B) puts a person at risk of bodily injury, as
2294	2294	defined by Section 1.07, Penal Code, and is not immediately
2295	2295	necessary to avoid imminent bodily injury to a peace officer or
2296	2296	other person; and
2297	2297	(C) is not required to apprehend the person
2298	2298	suspected of committing an offense.
2299	2299	(b) A peace officer who witnesses the use of excessive force
2300	2300	by another peace officer shall promptly make a detailed report of
2301	2301	the incident and deliver the report to the supervisor of the peace
2302	2302	officer making the report. (Code Crim. Proc., Art. 2.1387.)
2303	2303	Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR
2304	2304	ARREST PROHIBITED. A peace officer may not intentionally use a
2305	2305	choke hold, carotid artery hold, or similar neck restraint in
2306	2306	searching or arresting a person unless the restraint is necessary
2307	2307	to prevent serious bodily injury to or the death of the officer or
2308	2308	another person. (Code Crim. Proc., Art. 2.33, as added Acts 87th
2309	2309	Leg., R.S., Ch. 534.)
2310	2310	Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE BY
2311	2311	DRONE. (a) In this article:
2312	2312	(1) "Drone" means an unmanned aircraft, watercraft, or
2313	2313	ground vehicle or a robotic device that:
2314	2314	(A) is controlled remotely by a human operator;
2315	2315	or
2316	2316	(B) operates autonomously through computer
2317	2317	software or other programming.
2318	2318	(2) "Law enforcement agency" means an agency of the
2319	2319	state or an agency of a political subdivision of the state
2320	2320	authorized by law to employ peace officers.
2321	2321	(b) Each law enforcement agency that uses or intends to use
2322	2322	a drone for law enforcement purposes shall:
2323	2323	(1) adopt a written policy regarding the agency's use
2324	2324	of force by means of a drone, before the agency first uses a drone,
2325	2325	and update the policy as necessary; and
2326	2326	(2) not later than January 1 of each even-numbered
2327	2327	year, submit the policy to the commission in the manner prescribed
2328	2328	by the commission. (Code Crim. Proc., Art. 2.33, as added Acts 87th
2329	2329	Leg., R.S., Ch. 1011.)
2330	2330	SUBCHAPTER G. DUTY TO REQUEST AND RENDER AID
2331	2331	Art. 2B.0301. DUTY TO REQUEST AND RENDER AID. (a) Except
2332	2332	as provided by Subsection (b), a peace officer who encounters an
2333	2333	injured person while discharging the officer's official duties
2334	2334	shall immediately and as necessary:
2335	2335	(1) request emergency medical services personnel to
2336	2336	provide the person with emergency medical services; and
2337	2337	(2) while waiting for emergency medical services
2338	2338	personnel to arrive, provide first aid or treatment to the person to
2339	2339	the extent of the officer's skill and training.
2340	2340	(b) The peace officer is not required to request emergency
2341	2341	medical services or provide first aid or treatment under Subsection
2342	2342	(a) if:
2343	2343	(1) making the request or providing the treatment
2344	2344	would expose the officer or another person to a risk of bodily
2345	2345	injury; or
2346	2346	(2) the officer is injured and physically unable to
2347	2347	make the request or provide the treatment. (Code Crim. Proc., Art. 2.33, as added Acts 87th Leg., R.S., Ch. 979.)
2348	2348	CHAPTER 13A. VENUE
2349	2349	SUBCHAPTER A. GENERAL PROVISIONS
2350	2350	Art. 13A.001. VENUE GENERALLY
2351	2351	Art. 13A.002. PLEADING AND PROVING VENUE
2352	2352	Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED
2353	2353	SUBCHAPTER B. VENUE IN CERTAIN CIRCUMSTANCES
2354	2354	Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY
2355	2355	OUTSIDE THIS STATE
2356	2356	Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY
2357	2357	PERSON ACTING FOR STATE
2358	2358	Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY
2359	2359	Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING
2360	2360	IN ANOTHER
2361	2361	Art. 13A.055. OFFENSE COMMITTED ON VESSEL
2362	2362	Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A
2363	2363	CHILD
2364	2364	Art. 13A.057. VENUE BY CONSENT
2365	2365	SUBCHAPTER C. INCHOATE OFFENSES
2366	2366	Art. 13A.101. CONSPIRACY
2367	2367	SUBCHAPTER D. OFFENSES AGAINST THE PERSON
2368	2368	Art. 13A.151. TRAFFICKING OF PERSONS, FALSE
2369	2369	IMPRISONMENT, KIDNAPPING, AND
2370	2370	SMUGGLING OF PERSONS
2371	2371	Art. 13A.152. SEXUAL ASSAULT
2372	2372	SUBCHAPTER E. OFFENSES AGAINST THE FAMILY
2373	2373	Art. 13A.201. BIGAMY
2374	2374	Art. 13A.202. CRIMINAL NONSUPPORT
2375	2375	Art. 13A.203. PROTECTIVE ORDER OFFENSES
2376	2376	Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY
2377	2377	SUBCHAPTER F. OFFENSES AGAINST PROPERTY
2378	2378	Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO
2379	2379	THEFT
2380	2380	Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE
2381	2381	Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF
2382	2382	CERTAIN FINANCIAL INFORMATION
2383	2383	Art. 13A.254. FORGERY
2384	2384	Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE
2385	2385	Art. 13A.256. HINDERING SECURED CREDITORS
2386	2386	Art. 13A.257. ILLEGAL RECRUITMENT OF AN ATHLETE
2387	2387	Art. 13A.258. MISAPPLICATION OF CERTAIN PROPERTY
2388	2388	Art. 13A.259. CERTAIN DECEPTIVE PRACTICES
2389	2389	Art. 13A.260. FRAUDULENT USE OR POSSESSION OF
2390	2390	IDENTIFYING INFORMATION
2391	2391	Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS
2392	2392	DEGREE
2393	2393	Art. 13A.262. MORTGAGE FRAUD
2394	2394	Art. 13A.263. COMPUTER OFFENSES
2395	2395	Art. 13A.264. TELECOMMUNICATIONS OFFENSES
2396	2396	Art. 13A.265. MONEY LAUNDERING
2397	2397	SUBCHAPTER G. OFFENSES AGAINST PUBLIC ADMINISTRATION
2398	2398	Art. 13A.301. OBSTRUCTION OR RETALIATION
2399	2399	Art. 13A.302. PERJURY
2400	2400	Art. 13A.303. RECORD OF A FRAUDULENT COURT
2401	2401	Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE
2402	2402	SUBCHAPTER H. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
2403	2403	Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY
2404	2404	RESPONSE
2405	2405	SUBCHAPTER I. ORGANIZED CRIME
2406	2406	Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY
2407	2407	SUBCHAPTER J. OFFENSES OUTSIDE PENAL CODE
2408	2408	Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER
2409	2409	REGISTRATION STATUTE
2410	2410	Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD
2411	2411	COMMITTED TO TEXAS JUVENILE JUSTICE
2412	2412	DEPARTMENT
2413	2413	Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA
2414	2414	Art. 13A.554. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
2415	2415	PREDATOR CIVIL COMMITMENT REQUIREMENT
2416	2416	CHAPTER 13A. VENUE
2417	2417	SUBCHAPTER A. GENERAL PROVISIONS
2418	2418	Art. 13A.001. VENUE GENERALLY. If venue is not
2419	2419	specifically stated for an offense, the offense may be prosecuted
2420	2420	in the county in which the offense was committed. (Code Crim. Proc.,
2421	2421	Art. 13.18.)
2422	2422	Art. 13A.002. PLEADING AND PROVING VENUE. (a) In each case
2423	2423	described by this chapter, the indictment or information or any
2424	2424	other pleading may allege that the offense was committed in the
2425	2425	county in which the prosecution is conducted.
2426	2426	(b) An allegation of venue under this article may be
2427	2427	sustained if the attorney representing the state proves by a
2428	2428	preponderance of the evidence that, based on the facts in the case,
2429	2429	the county in which the prosecution is conducted has venue. (Code
2430	2430	Crim. Proc., Art. 13.17.)
2431	2431	Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED. If an
2432	2432	offense has been committed in this state and the county in which the
2433	2433	offense was committed cannot be readily determined, the offense may
2434	2434	be prosecuted in the county:
2435	2435	(1) in which the defendant resides;
2436	2436	(2) in which the defendant is apprehended; or
2437	2437	(3) to which the defendant is extradited. (Code Crim.
2438	2438	Proc., Art. 13.19.)
2439	2439	SUBCHAPTER B. VENUE IN CERTAIN CIRCUMSTANCES
2440	2440	Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY OUTSIDE
2441	2441	THIS STATE. (a) An offense committed wholly or partly outside this
2442	2442	state under circumstances that give this state jurisdiction to
2443	2443	prosecute the defendant may be prosecuted in any county in which:
2444	2444	(1) the defendant is found; or
2445	2445	(2) an element of the offense occurs.
2446	2446	(b) Criminal homicide committed wholly or partly outside
2447	2447	this state under circumstances that give this state jurisdiction to
2448	2448	prosecute the defendant may be prosecuted in the county in which:
2449	2449	(1) the injury was inflicted;
2450	2450	(2) the defendant was located when the defendant
2451	2451	inflicted the injury; or
2452	2452	(3) the victim died or the victim's body was found.
2453	2453	(Code Crim. Proc., Arts. 13.01, 13.05.)
2454	2454	Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY
2455	2455	PERSON ACTING FOR STATE. An offense committed outside this state by
2456	2456	any officer acting under the authority of this state under
2457	2457	circumstances that give this state jurisdiction to prosecute the
2458	2458	defendant may be prosecuted in:
2459	2459	(1) the county in which the defendant resides; or
2460	2460	(2) if a nonresident of this state, Travis County.
2461	2461	(Code Crim. Proc., Art. 13.10.)
2462	2462	Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY. (a)
2463	2463	An offense committed on or within 400 yards of the boundaries of two
2464	2464	or more counties may be prosecuted in any one of those counties.
2465	2465	(b) An offense committed on the premises of an airport
2466	2466	operated jointly by two municipalities and located in two counties
2467	2467	may be prosecuted in either county.
2468	2468	(c) An offense punishable by fine only committed on or near
2469	2469	the boundary of contiguous municipalities that have entered into an
2470	2470	agreement authorized by Article 4.14(f) of this code and Section
2471	2471	29.003(h), Government Code, may be prosecuted in either of those
2472	2472	municipalities as provided in the agreement.
2473	2473	(d) An offense committed on a river or stream forming the
2474	2474	boundary of this state may be prosecuted in the county:
2475	2475	(1) the boundary of which is on the river or stream;
2476	2476	and
2477	2477	(2) the county seat of which is nearest the place where
2478	2478	the offense was committed. (Code Crim. Proc., Arts. 13.04, 13.045,
2479	2479	13.06.)
2480	2480	Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING IN
2481	2481	ANOTHER. An offense in which a person is injured in one county and,
2482	2482	as a result of the injury, dies in another county, may be prosecuted
2483	2483	in the county in which:
2484	2484	(1) the injury was received;
2485	2485	(2) the death occurred; or
2486	2486	(3) the person's body is found. (Code Crim. Proc.,
2487	2487	Art. 13.07.)
2488	2488	Art. 13A.055. OFFENSE COMMITTED ON VESSEL. An offense
2489	2489	committed on board a vessel that at the time of the offense is on a
2490	2490	navigable water in the boundaries of this State may be prosecuted
2491	2491	in:
2492	2492	(1) any county through which the vessel is navigated
2493	2493	in the course of the voyage; or
2494	2494	(2) the county in which the voyage commences or
2495	2495	terminates. (Code Crim. Proc., Art. 13.11.)
2496	2496	Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A CHILD.
2497	2497	An offense under Title 5, Penal Code, involving a victim younger
2498	2498	than 18 years of age, or an offense under Section 25.03, Penal Code,
2499	2499	that results in bodily injury to a child younger than 18 years of
2500	2500	age, may be prosecuted in the county in which:
2501	2501	(1) an element of the offense was committed;
2502	2502	(2) the defendant is apprehended;
2503	2503	(3) the victim resides; or
2504	2504	(4) the defendant resides. (Code Crim. Proc., Art.
2505	2505	13.075.)
2506	2506	Art. 13A.057. VENUE BY CONSENT. With the consent of the
2507	2507	defendant in writing, the defendant's attorney, and the attorney
2508	2508	representing the state, the trial of a felony case without a jury
2509	2509	may be held in any county in a judicial district for the county in
2510	2510	which venue is otherwise authorized by law. (Code Crim. Proc., Art.
2511	2511	13.20.)
2512	2512	SUBCHAPTER C. INCHOATE OFFENSES
2513	2513	Art. 13A.101. CONSPIRACY. (a) Criminal conspiracy may be
2514	2514	prosecuted in any county in which:
2515	2515	(1) the conspiracy was entered into;
2516	2516	(2) the conspiracy was agreed to be executed; or
2517	2517	(3) one or more of the conspirators acts to effect an
2518	2518	object of the conspiracy.
2519	2519	(b) If an object of a criminal conspiracy is an offense
2520	2520	classified as a felony under the Tax Code, the conspiracy may be
2521	2521	prosecuted in any county in which venue is proper under the Tax Code
2522	2522	for the offense, regardless of whether the offense was committed.
2523	2523	(c) If a criminal conspiracy was entered into outside this
2524	2524	state under circumstances that give this state jurisdiction to
2525	2525	prosecute the defendant, the conspiracy may be prosecuted in:
2526	2526	(1) any county in which the conspiracy was agreed to be
2527	2527	executed;
2528	2528	(2) any county in which any of the conspirators were
2529	2529	found; or
2530	2530	(3) Travis County. (Code Crim. Proc., Art. 13.13.)
2531	2531	SUBCHAPTER D. OFFENSES AGAINST THE PERSON
2532	2532	Art. 13A.151. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
2533	2533	KIDNAPPING, AND SMUGGLING OF PERSONS. Trafficking of persons,
2534	2534	false imprisonment, kidnapping, or smuggling of persons may be
2535	2535	prosecuted in any county:
2536	2536	(1) in which the offense was committed; or
2537	2537	(2) through, into, or out of which the victim may have
2538	2538	been taken. (Code Crim. Proc., Art. 13.12.)
2539	2539	Art. 13A.152. SEXUAL ASSAULT. Sexual assault may be
2540	2540	prosecuted in any county:
2541	2541	(1) in which the offense was committed; or
2542	2542	(2) in which the victim was abducted, if applicable,
2543	2543	or through or into which the victim was transported in the course of
2544	2544	the abduction and sexual assault. (Code Crim. Proc., Art. 13.15
2545	2545	(part).)
2546	2546	SUBCHAPTER E. OFFENSES AGAINST THE FAMILY
2547	2547	Art. 13A.201. BIGAMY. Bigamy may be prosecuted in any
2548	2548	county in which:
2549	2549	(1) the bigamous marriage occurred;
2550	2550	(2) the parties to the bigamous marriage live together
2551	2551	as spouses; or
2552	2552	(3) a party to the bigamous marriage not charged with
2553	2553	the offense resides. (Code Crim. Proc., Art. 13.14.)
2554	2554	Art. 13A.202. CRIMINAL NONSUPPORT. Criminal nonsupport may
2555	2555	be prosecuted in the county in which the person for whom support is
2556	2556	not provided resides at the time the information or indictment is
2557	2557	presented. (Code Crim. Proc., Art. 13.16.)
2558	2558	Art. 13A.203. PROTECTIVE ORDER OFFENSES. An offense under
2559	2559	Section 25.07 or 25.072, Penal Code, may be prosecuted in any county
2560	2560	in which:
2561	2561	(1) the protective order was issued; or
2562	2562	(2) the offense was committed, without regard to the
2563	2563	identity or location of the court that issued the protective order.
2564	2564	(Code Crim. Proc., Art. 13.38.)
2565	2565	Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY. An
2566	2566	offense under Section 25.11, Penal Code, may be prosecuted in any
2567	2567	county in which the defendant engaged in the conduct constituting
2568	2568	an offense under Section 22.01(a)(1), Penal Code, against a person
2569	2569	described by Section 25.11(a), Penal Code. (Code Crim. Proc., Art.
2570	2570	13.072.)
2571	2571	SUBCHAPTER F. OFFENSES AGAINST PROPERTY
2572	2572	Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT.
2573	2573	(a) An offense involving property that is stolen in one county and
2574	2574	removed to another county may be prosecuted in any county:
2575	2575	(1) in which the property was stolen; or
2576	2576	(2) through or into which the property was removed.
2577	2577	(b) An offense under Section 31.16 or 31.18, Penal Code, may
2578	2578	be prosecuted in any county in which an underlying theft could have
2579	2579	been prosecuted as a separate offense. (Code Crim. Proc., Art.
2580	2580	13.08.)
2581	2581	Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE. Unauthorized
2582	2582	use of a vehicle may be prosecuted in:
2583	2583	(1) any county in which the unauthorized use of the
2584	2584	vehicle occurred; or
2585	2585	(2) the county in which the vehicle was originally
2586	2586	reported stolen. (Code Crim. Proc., Art. 13.23.)
2587	2587	Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF
2588	2588	CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17,
2589	2589	Penal Code, may be prosecuted in:
2590	2590	(1) any county in which the offense was committed; or
2591	2591	(2) the county in which the victim resides. (Code
2592	2592	Crim. Proc., Art. 13.295.)
2593	2593	Art. 13A.254. FORGERY. Forgery may be prosecuted in:
2594	2594	(1) any county in which the writing was:
2595	2595	(A) forged;
2596	2596	(B) used or passed or attempted to be used or
2597	2597	passed; or
2598	2598	(C) deposited or placed with another person,
2599	2599	firm, association, or corporation for collection or credit for the
2600	2600	account of any person, firm, association, or corporation; or
2601	2601	(2) if the forging and the uttering, using, or passing
2602	2602	of a forged instrument in writing concerns or affects the title to
2603	2603	real property in this state, a county in which any part of the
2604	2604	property is located. (Code Crim. Proc., Art. 13.02.)
2605	2605	Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE. An offense
2606	2606	under Section 32.31, Penal Code, may be prosecuted in any county in
2607	2607	which:
2608	2608	(1) the offense was committed; or
2609	2609	(2) any person whose credit card or debit card was
2610	2610	unlawfully possessed or used resides. (Code Crim. Proc., Art.
2611	2611	13.291.)
2612	2612	Art. 13A.256. HINDERING SECURED CREDITORS. An offense
2613	2613	involving secured property that is taken from one county and
2614	2614	unlawfully disposed of in another county or state may be prosecuted
2615	2615	in the county:
2616	2616	(1) in which the secured property was disposed of;
2617	2617	(2) from which the secured property was removed; or
2618	2618	(3) in which the security agreement is filed. (Code
2619	2619	Crim. Proc., Art. 13.09.)
2620	2620	Art. 13A.257. ILLEGAL RECRUITMENT OF AN ATHLETE. Illegal
2621	2621	recruitment of an athlete may be prosecuted in any county in which:
2622	2622	(1) the offense was committed; or
2623	2623	(2) is located the institution of higher education in
2624	2624	which the athlete agreed or was influenced to enroll. (Code Crim.
2625	2625	Proc., Art. 13.24.)
2626	2626	Art. 13A.258. MISAPPLICATION OF CERTAIN PROPERTY. (a)
2627	2627	Except as provided by Subsection (b), an offense involving the
2628	2628	misapplication of property held as a fiduciary or property of a
2629	2629	financial institution in one county and the removal of that
2630	2630	property to another county may be prosecuted in any county:
2631	2631	(1) in which the property was misapplied;
2632	2632	(2) through or into which the property was removed; or
2633	2633	(3) in which the fiduciary was appointed to serve, if
2634	2634	applicable.
2635	2635	(b) An offense related to misapplication of construction
2636	2636	trust funds under Chapter 162, Property Code, must be prosecuted in
2637	2637	the county in which the construction project is located. (Code
2638	2638	Crim. Proc., Art. 13.32.)
2639	2639	Art. 13A.259. CERTAIN DECEPTIVE PRACTICES. An offense
2640	2640	under Section 32.46, 32.48, or 32.49, Penal Code, may be prosecuted
2641	2641	in any county:
2642	2642	(1) from which any material document was sent; or
2643	2643	(2) in which any material document was delivered.
2644	2644	(Code Crim. Proc., Art. 13.27 (part).)
2645	2645	Art. 13A.260. FRAUDULENT USE OR POSSESSION OF IDENTIFYING
2646	2646	INFORMATION. An offense under Section 32.51, Penal Code, may be
2647	2647	prosecuted in:
2648	2648	(1) any county in which the offense was committed; or
2649	2649	(2) the county in which the victim resides. (Code
2650	2650	Crim. Proc., Art. 13.29.)
2651	2651	Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS
2652	2652	DEGREE. An offense under Section 32.52, Penal Code, may be
2653	2653	prosecuted in:
2654	2654	(1) any county in which an element of the offense
2655	2655	occurs; or
2656	2656	(2) Travis County. (Code Crim. Proc., Art. 13.30.)
2657	2657	Art. 13A.262. MORTGAGE FRAUD. (a) In this article, "real
2658	2658	estate transaction" means a sale, lease, trade, exchange, gift,
2659	2659	grant, or other conveyance of a real property interest.
2660	2660	(b) Any offense under Chapter 32, Penal Code, that involves
2661	2661	a real estate transaction may be prosecuted in:
2662	2662	(1) the county in which the property is located;
2663	2663	(2) any county in which part of the transaction
2664	2664	occurred, including the generation of documentation supporting the
2665	2665	transaction; or
2666	2666	(3) if the offense is an offense under Section 32.46,
2667	2667	32.48, or 32.49, Penal Code, any county described by Subdivision
2668	2668	(1) or (2) or authorized by Article 13A.259. (Code Crim. Proc.,
2669	2669	Art. 13.271.)
2670	2670	Art. 13A.263. COMPUTER OFFENSES. (a) In this article,
2671	2671	"access," "computer," "computer network," "computer program,"
2672	2672	"computer system," and "owner" have the meanings assigned by
2673	2673	Section 33.01, Penal Code.
2674	2674	(b) An offense under Chapter 33, Penal Code, may be
2675	2675	prosecuted in any county:
2676	2676	(1) that is the principal place of business of the
2677	2677	owner or lessee of a computer, computer network, or computer system
2678	2678	involved in the offense;
2679	2679	(2) in which a defendant had control or possession of:
2680	2680	(A) any proceeds of the offense; or
2681	2681	(B) any books, records, documents, property,
2682	2682	negotiable instruments, computer programs, or other material used
2683	2683	in furtherance of the offense;
2684	2684	(3) from which, to which, or through which access to a
2685	2685	computer, computer network, computer program, or computer system
2686	2686	was made in violation of Chapter 33, Penal Code, whether by wires,
2687	2687	electromagnetic waves, microwaves, or any other means of
2688	2688	communication; or
2689	2689	(4) in which an individual who is a victim of the
2690	2690	offense resides. (Code Crim. Proc., Art. 13.25.)
2691	2691	Art. 13A.264. TELECOMMUNICATIONS OFFENSES. An offense
2692	2692	under Chapter 33A, Penal Code, may be prosecuted in any county:
2693	2693	(1) in which the telecommunications service
2694	2694	originated or terminated; or
2695	2695	(2) to which the bill for the telecommunications
2696	2696	service was or would have been delivered. (Code Crim. Proc., Art.
2697	2697	13.26.)
2698	2698	Art. 13A.265. MONEY LAUNDERING. Money laundering may be
2699	2699	prosecuted in:
2700	2700	(1) any county in which the offense was committed; or
2701	2701	(2) if the prosecution is based on an offense
2702	2702	classified as a felony under the Tax Code, any county in which venue
2703	2703	is proper under the Tax Code for the offense. (Code Crim. Proc.,
2704	2704	Art. 13.35.)
2705	2705	SUBCHAPTER G. OFFENSES AGAINST PUBLIC ADMINISTRATION
2706	2706	Art. 13A.301. OBSTRUCTION OR RETALIATION. An offense under
2707	2707	Section 36.06(a)(1), Penal Code, may be prosecuted in any county in
2708	2708	which:
2709	2709	(1) the harm occurs; or
2710	2710	(2) the threat to do harm originated or was received.
2711	2711	(Code Crim. Proc., Art. 13.37.)
2712	2712	Art. 13A.302. PERJURY. Perjury or aggravated perjury may
2713	2713	be prosecuted in any county in which:
2714	2714	(1) the offense was committed; or
2715	2715	(2) the false statement is used or attempted to be
2716	2716	used. (Code Crim. Proc., Art. 13.03.)
2717	2717	Art. 13A.303. RECORD OF A FRAUDULENT COURT. An offense
2718	2718	under Section 37.13, Penal Code, may be prosecuted in any county:
2719	2719	(1) from which any material document was sent; or
2720	2720	(2) in which any material document was delivered.
2721	2721	(Code Crim. Proc., Art. 13.27 (part).)
2722	2722	Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE. An offense
2723	2723	under Section 38.06 or 38.113, Penal Code, may be prosecuted in any
2724	2724	county in which:
2725	2725	(1) the offense was committed; or
2726	2726	(2) the defendant committed the offense for which the
2727	2727	defendant was placed in custody, detained, or required to submit to
2728	2728	treatment. (Code Crim. Proc., Art. 13.28.)
2729	2729	SUBCHAPTER H. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
2730	2730	Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY RESPONSE.
2731	2731	An offense under Section 42.0601, Penal Code, may be prosecuted in
2732	2732	any county in which:
2733	2733	(1) the defendant resides;
2734	2734	(2) the false report was made; or
2735	2735	(3) a law enforcement agency or other emergency
2736	2736	responder responded to the false report. (Code Crim. Proc., Art.
2737	2737	13.40.)
2738	2738	SUBCHAPTER I. ORGANIZED CRIME
2739	2739	Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY.
2740	2740	Engaging in organized criminal activity may be prosecuted in:
2741	2741	(1) any county in which an act is committed to effect
2742	2742	an objective of the combination; or
2743	2743	(2) if the prosecution is based on an offense
2744	2744	classified as a felony under the Tax Code, any county in which venue
2745	2745	is proper under the Tax Code for the offense. (Code Crim. Proc.,
2746	2746	Art. 13.21.)
2747	2747	SUBCHAPTER J. OFFENSES OUTSIDE PENAL CODE
2748	2748	Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER
2749	2749	REGISTRATION STATUTE. An offense under Chapter 62 may be
2750	2750	prosecuted in any county in which:
2751	2751	(1) an element of the offense occurs;
2752	2752	(2) the defendant last registered, verified
2753	2753	registration, or otherwise complied with a requirement under
2754	2754	Chapter 62;
2755	2755	(3) the defendant has indicated that the defendant
2756	2756	intends to reside, regardless of whether the defendant establishes
2757	2757	or attempts to establish residency in that county;
2758	2758	(4) the defendant is placed under custodial arrest for
2759	2759	an offense subsequent to the defendant's most recent reportable
2760	2760	conviction or adjudication under Chapter 62; or
2761	2761	(5) the defendant resides or is found by a peace
2762	2762	officer, regardless of how long the defendant has been in the county
2763	2763	or intends to stay in the county. (Code Crim. Proc., Art. 13.31.)
2764	2764	Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD
2765	2765	COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. An offense
2766	2766	described by Article 104.003(a) committed by an employee or officer
2767	2767	of the Texas Juvenile Justice Department or a person providing
2768	2768	services under a contract with the department against a child
2769	2769	committed to the department may be prosecuted in:
2770	2770	(1) any county in which an element of the offense
2771	2771	occurred; or
2772	2772	(2) Travis County. (Code Crim. Proc., Art. 13.34.)
2773	2773	Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA.
2774	2774	Possession or delivery of marihuana may be prosecuted in:
2775	2775	(1) any county in which the offense was committed; or
2776	2776	(2) with the consent of the defendant, any county that
2777	2777	is adjacent to and in the same judicial district as any county in
2778	2778	which the offense was committed. (Code Crim. Proc., Art. 13.22.)
2779	2779	Art. 13A.554. FAILURE TO COMPLY WITH SEXUALLY VIOLENT
2780	2780	PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section
2781	2781	841.085, Health and Safety Code, may be prosecuted in:
2782	2782	(1) any county in which an element of the offense
2783	2783	occurs; or
2784	2784	(2) the court that retains jurisdiction over the civil
2785	2785	commitment proceeding under Section 841.082, Health and Safety Code. (Code Crim. Proc., Art. 13.315.)
2786	2786	CHAPTER 31A. CHANGE OF VENUE
2787	2787	SUBCHAPTER A. AUTHORITY TO CHANGE VENUE
2788	2788	Art. 31A.001. CHANGE OF VENUE ON JUDGE'S OWN MOTION
2789	2789	Art. 31A.002. COURT REQUIRED TO CHANGE VENUE IN
2790	2790	CERTAIN SEXUAL ASSAULT CASES
2791	2791	Art. 31A.003. CHANGE OF VENUE ON STATE'S MOTION
2792	2792	Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION
2793	2793	Art. 31A.005. CONTESTING MOTION TO CHANGE VENUE;
2794	2794	HEARING
2795	2795	SUBCHAPTER B. ON CHANGE OF VENUE
2796	2796	Art. 31A.051. CLERK'S DUTIES ON CHANGE OF VENUE
2797	2797	Art. 31A.052. USE OF SERVICES OF ORIGINAL VENUE
2798	2798	Art. 31A.053. REMOVAL OF DEFENDANT IN CUSTODY
2799	2799	Art. 31A.054. NO EFFECT ON SUBPOENA, ATTACHMENT, OR
2800	2800	BAIL OF WITNESSES
2801	2801	SUBCHAPTER C. RETURNING VENUE AFTER TRIAL
2802	2802	Art. 31A.151. RETURN TO COUNTY IN WHICH INDICTMENT OR
2803	2803	INFORMATION FILED; SUBSEQUENT
2804	2804	PROCEEDINGS
2805	2805	Art. 31A.152. CLERK'S DUTIES ON RETURN TO COUNTY IN
2806	2806	WHICH INDICTMENT OR INFORMATION FILED
2807	2807	CHAPTER 31A. CHANGE OF VENUE
2808	2808	SUBCHAPTER A. AUTHORITY TO CHANGE VENUE
2809	2809	Art. 31A.001. CHANGE OF VENUE ON JUDGE'S OWN MOTION. (a)
2810	2810	In a felony or misdemeanor case punishable by confinement, if the
2811	2811	judge is satisfied that a fair and impartial trial cannot be held
2812	2812	for any reason in the county in which the case is pending, the judge
2813	2813	may on the judge's own motion, after providing reasonable notice to
2814	2814	the defendant and the state and hearing evidence on the motion,
2815	2815	order a change of venue to:
2816	2816	(1) any county in the same judicial district as the
2817	2817	county in which the case is pending or in an adjoining judicial
2818	2818	district; or
2819	2819	(2) any county not described by Subdivision (1), after
2820	2820	10 days' notice is provided.
2821	2821	(b) An order changing venue under Subsection (a) must state
2822	2822	the grounds for the change of venue.
2823	2823	(c) An order changing venue under Subsection (a)(2) is
2824	2824	grounds for reversal if, on timely contest by the defendant, the
2825	2825	record of the contest affirmatively shows that any county described
2826	2826	by Subsection (a)(1) is not subject to the same conditions that
2827	2827	required the change of venue. (Code Crim. Proc., Art. 31.01.)
2828	2828	Art. 31A.002. COURT REQUIRED TO CHANGE VENUE IN CERTAIN
2829	2829	SEXUAL ASSAULT CASES. In a sexual assault case, a district court
2830	2830	shall order a change of venue when necessary to secure a speedy
2831	2831	trial. (Code Crim. Proc., Art. 13.15 (part).)
2832	2832	Art. 31A.003. CHANGE OF VENUE ON STATE'S MOTION. (a) In a
2833	2833	felony or misdemeanor case punishable by confinement, the attorney
2834	2834	representing the state may file a written motion requesting a
2835	2835	change of venue on the basis that:
2836	2836	(1) a fair and impartial trial cannot be safely and
2837	2837	speedily held because of:
2838	2838	(A) existing combinations or influences in favor
2839	2839	of the defendant; or
2840	2840	(B) the lawless condition of affairs in the
2841	2841	county; or
2842	2842	(2) the life of the prisoner or of any witness would be
2843	2843	jeopardized by a trial in the county in which the case is pending.
2844	2844	(b) On receipt of a motion filed under Subsection (a), the
2845	2845	judge shall:
2846	2846	(1) hear evidence on the motion; and
2847	2847	(2) if the judge is satisfied that the motion is
2848	2848	sufficiently supported and that justice will be served by granting
2849	2849	the motion, order a change of venue to any county in the judicial
2850	2850	district in which the case is pending or in an adjoining judicial
2851	2851	district. (Code Crim. Proc., Art. 31.02.)
2852	2852	Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION. (a)
2853	2853	In a felony or misdemeanor case punishable by confinement, the
2854	2854	court may grant a change of venue on the written motion of the
2855	2855	defendant, supported by the defendant's affidavit and the affidavit
2856	2856	of at least two credible persons who are residents of the county in
2857	2857	which the prosecution is commenced, if the court determines that
2858	2858	the defendant cannot obtain a fair and impartial trial in the county
2859	2859	in which the prosecution is commenced as a result of:
2860	2860	(1) a prejudice against the defendant in the county;
2861	2861	or
2862	2862	(2) a dangerous combination against the defendant in
2863	2863	the county instigated by influential persons.
2864	2864	(b) An order changing venue under Subsection (a) to a county
2865	2865	other than a county in the same judicial district as the county in
2866	2866	which the case is pending or in an adjoining judicial district is
2867	2867	grounds for reversal, if on timely contest by the defendant, the
2868	2868	record of the contest affirmatively shows that any county in the
2869	2869	judicial district in which the case is pending or in the adjoining
2870	2870	judicial district is not subject to the same conditions that
2871	2871	required the change of venue.
2872	2872	(c) On the defendant's motion and with the consent of the
2873	2873	attorney representing the state, the court may transfer the case to
2874	2874	another judicial district:
2875	2875	(1) for the convenience of the parties and witnesses
2876	2876	and in the interest of justice; or
2877	2877	(2) if the defendant stipulates that the defendant
2878	2878	will enter a plea of guilty. (Code Crim. Proc., Art. 31.03.)
2879	2879	Art. 31A.005. CONTESTING MOTION TO CHANGE VENUE; HEARING.
2880	2880	(a) The credibility or the means of knowledge of a person making an
2881	2881	affidavit for change of venue may be attacked by the affidavit of a
2882	2882	credible person.
2883	2883	(b) If an affidavit is filed to contest an affidavit for
2884	2884	change of venue as provided by Subsection (a), the judge shall hold
2885	2885	a hearing on the issue and grant or refuse the motion based on the
2886	2886	law and facts in the case. (Code Crim. Proc., Art. 31.04.)
2887	2887	SUBCHAPTER B. ON CHANGE OF VENUE
2888	2888	Art. 31A.051. CLERK'S DUTIES ON CHANGE OF VENUE. If a court
2889	2889	orders a change of venue in a criminal case, the clerk of the court
2890	2890	in which the prosecution is pending shall prepare and transmit to
2891	2891	the clerk of the court to which the venue is changed:
2892	2892	(1) a certified copy of the court's order directing the
2893	2893	change of venue;
2894	2894	(2) a certified copy of the defendant's bail bond or
2895	2895	personal bond, if any;
2896	2896	(3) the original papers in the case; and
2897	2897	(4) a certificate of the transmitting clerk under that
2898	2898	clerk's official seal that the papers described by Subdivision (3)
2899	2899	are all the papers on file in the case in the court in which the
2900	2900	prosecution is pending. (Code Crim. Proc., Art. 31.05.)
2901	2901	Art. 31A.052. USE OF SERVICES OF ORIGINAL VENUE. (a) A
2902	2902	judge ordering a change of venue under this chapter may, with the
2903	2903	written consent of the defendant, the defendant's attorney, and the
2904	2904	attorney representing the state:
2905	2905	(1) maintain the original case number on the court's
2906	2906	docket;
2907	2907	(2) preside over the case; and
2908	2908	(3) use the services of the court reporter, the court
2909	2909	coordinator, and the clerk of the court of original venue.
2910	2910	(b) If a judge takes the actions described by Subsection
2911	2911	(a):
2912	2912	(1) the court shall use the courtroom facilities and
2913	2913	any other services or facilities of the judicial district or county
2914	2914	to which venue is changed;
2915	2915	(2) the jury, if required, must consist of residents
2916	2916	of the judicial district or county to which venue is changed; and
2917	2917	(3) notwithstanding Article 31A.051, the clerk of the
2918	2918	court of original venue shall:
2919	2919	(A) maintain the original papers of the case,
2920	2920	including the defendant's bail bond or personal bond, if any;
2921	2921	(B) make the papers described by Paragraph (A)
2922	2922	available for trial; and
2923	2923	(C) act as the clerk in the case. (Code Crim.
2924	2924	Proc., Art. 31.09.)
2925	2925	Art. 31A.053. REMOVAL OF DEFENDANT IN CUSTODY. If the
2926	2926	defendant is in custody when venue is changed in a criminal case:
2927	2927	(1) an order shall be entered for:
2928	2928	(A) the defendant's removal to the county to
2929	2929	which the venue is changed; and
2930	2930	(B) the defendant's delivery to the sheriff of
2931	2931	the county to which the venue is changed before the next succeeding
2932	2932	term of the court of that county; and
2933	2933	(2) the sheriff with custody of the defendant shall
2934	2934	deliver the defendant as directed in the order described by
2935	2935	Subdivision (1). (Code Crim. Proc., Art. 31.06.)
2936	2936	Art. 31A.054. NO EFFECT ON SUBPOENA, ATTACHMENT, OR BAIL OF
2937	2937	WITNESSES. When venue is changed in a criminal case, any witness
2938	2938	who has been subpoenaed, attached, or bailed to appear and testify
2939	2939	in the case:
2940	2940	(1) is not required to be again subpoenaed, attached,
2941	2941	or bailed; and
2942	2942	(2) shall appear before the court to which venue has
2943	2943	been changed as if there had been no change of venue. (Code Crim.
2944	2944	Proc., Art. 31.07.)
2945	2945	SUBCHAPTER C. RETURNING VENUE AFTER TRIAL
2946	2946	Art. 31A.151. RETURN TO COUNTY IN WHICH INDICTMENT OR
2947	2947	INFORMATION FILED; SUBSEQUENT PROCEEDINGS. (a) On the completion
2948	2948	of a trial in which a change of venue has been ordered and, if
2949	2949	applicable, after the jury has been discharged, the court, with the
2950	2950	consent of counsel for the state and the defendant, may return the
2951	2951	case to the county in which the indictment or information was filed.
2952	2952	Except as provided by Subsection (b), all subsequent and ancillary
2953	2953	proceedings, including the pronouncement of sentence after appeals
2954	2954	have been exhausted, must be heard in the county in which the
2955	2955	indictment or information was filed.
2956	2956	(b) A motion for new trial alleging jury misconduct must be
2957	2957	heard in the county in which the case was tried. The county in which
2958	2958	the indictment or information was filed must pay the costs of the
2959	2959	prosecution of the motion.
2960	2960	(c) Except for the review of a death sentence under Section
2961	2961	2(h), Article 37.071, or under Section 2(h), Article 37.072, an
2962	2962	appeal taken in a case returned under this article to the county in
2963	2963	which the indictment or information was filed must be docketed in
2964	2964	the appellate district in which that county is located. (Code Crim.
2965	2965	Proc., Art. 31.08, Secs. 1, 3.)
2966	2966	Art. 31A.152. CLERK'S DUTIES ON RETURN TO COUNTY IN WHICH
2967	2967	INDICTMENT OR INFORMATION FILED. (a) Except as provided by
2968	2968	Subsection (b), on an order returning a case to the county in which
2969	2969	the indictment or information was filed as provided by Article
2970	2970	31A.151, the clerk of the county in which the case was tried shall:
2971	2971	(1) make a certified copy of:
2972	2972	(A) the court's order directing the return; and
2973	2973	(B) the defendant's bail bond, personal bond, or
2974	2974	appeal bond, if any;
2975	2975	(2) gather the original papers in the case and certify
2976	2976	under official seal that the papers are all the original papers on
2977	2977	file in the court in which the case was tried; and
2978	2978	(3) transmit the items described by Subdivisions (1)
2979	2979	and (2) to the clerk of the court in which the indictment or
2980	2980	information was filed.
2981	2981	(b) This article does not apply to a proceeding in which the
2982	2982	clerk of the court in which the indictment or information was filed
2983	2983	was present and performed the duties as clerk for the court under Article 31A.052. (Code Crim. Proc., Art. 31.08, Sec. 2.)
2984	2984	CHAPTER 45A. JUSTICE AND MUNICIPAL COURTS
2985	2985	SUBCHAPTER A. GENERAL PROVISIONS
2986	2986	Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES
2987	2987	Art. 45A.002. DEFINITIONS
2988	2988	Art. 45A.003. APPLICABILITY
2989	2989	Art. 45A.004. RULES OF EVIDENCE
2990	2990	Art. 45A.005. PROSECUTING ATTORNEY
2991	2991	Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS
2992	2992	SUBCHAPTER B. COURT RECORDS
2993	2993	Art. 45A.051. ELECTRONIC RECORDS
2994	2994	Art. 45A.052. COURT SEAL
2995	2995	Art. 45A.053. DOCKET
2996	2996	Art. 45A.054. FILING BY MAIL
2997	2997	Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO
2998	2998	FINE-ONLY MISDEMEANORS
2999	2999	SUBCHAPTER C. PRETRIAL PROCEEDINGS
3000	3000	Art. 45A.101. COMPLAINT
3001	3001	Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT
3002	3002	Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT
3003	3003	Art. 45A.104. ARREST WARRANT
3004	3004	Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT
3005	3005	Art. 45A.106. DEFENDANT PLACED IN JAIL
3006	3006	Art. 45A.107. BAIL
3007	3007	Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER
3008	3008	COUNTY
3009	3009	SUBCHAPTER D. TRIAL
3010	3010	Art. 45A.151. DEFENDANT'S PLEA
3011	3011	Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD
3012	3012	Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE
3013	3013	GENERALLY
3014	3014	Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY
3015	3015	DEFENDANT IN JAIL
3016	3016	Art. 45A.155. JURY WAIVER
3017	3017	Art. 45A.156. JURY SUMMONED
3018	3018	Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL
3019	3019	Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT
3020	3020	FOR TRIAL
3021	3021	Art. 45A.159. JURY SELECTION AND FORMATION
3022	3022	Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY
3023	3023	Art. 45A.161. ORDER OF ARGUMENT
3024	3024	Art. 45A.162. DIRECTED VERDICT
3025	3025	Art. 45A.163. JURY CHARGE
3026	3026	Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION
3027	3027	Art. 45A.165. MISTRIAL
3028	3028	Art. 45A.166. VERDICT
3029	3029	SUBCHAPTER E. NEW TRIAL AND APPEAL
3030	3030	Art. 45A.201. NEW TRIAL
3031	3031	Art. 45A.202. APPEAL
3032	3032	Art. 45A.203. APPEAL BOND
3033	3033	Art. 45A.204. EFFECT OF APPEAL
3034	3034	SUBCHAPTER F. JUDGMENT, FINES, AND COSTS
3035	3035	Art. 45A.251. JUDGMENT
3036	3036	Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR
3037	3037	COSTS
3038	3038	Art. 45A.253. DISCHARGING FINES OR COSTS
3039	3039	Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR
3040	3040	COSTS
3041	3041	Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES
3042	3042	INVOLVING DEFERRED DISPOSITION
3043	3043	Art. 45A.256. FORFEITURE OF CASH BOND TO SATISFY FINES
3044	3044	AND COSTS; MOTION FOR NEW TRIAL
3045	3045	Art. 45A.257. WAIVER OF PAYMENT OF FINES AND COSTS
3046	3046	Art. 45A.258. RECONSIDERATION OF SATISFACTION OF FINES
3047	3047	OR COSTS
3048	3048	Art. 45A.259. CAPIAS PRO FINE
3049	3049	Art. 45A.260. APPEARANCE BY TELEPHONE OR
3050	3050	VIDEOCONFERENCE
3051	3051	Art. 45A.261. COMMITMENT
3052	3052	Art. 45A.262. DISCHARGED FROM JAIL
3053	3053	Art. 45A.263. CIVIL COLLECTION OF FINES AND COSTS
3054	3054	AFTER JUDGMENT
3055	3055	Art. 45A.264. COLLECTION OF FINES AND COSTS BY
3056	3056	MUNICIPALITY
3057	3057	SUBCHAPTER G. DEFERRED DISPOSITION
3058	3058	Art. 45A.301. APPLICABILITY
3059	3059	Art. 45A.302. DEFERRED DISPOSITION
3060	3060	Art. 45A.303. DEFERRED DISPOSITION REQUIREMENTS
3061	3061	Art. 45A.304. DEFERRED DISPOSITION REQUIREMENTS:
3062	3062	MOVING VIOLATION COMMITTED BY YOUNG
3063	3063	DEFENDANT
3064	3064	Art. 45A.305. DISMISSAL OF COMPLAINT ON COMPLIANCE
3065	3065	WITH JUDICIAL REQUIREMENTS
3066	3066	Art. 45A.306. SHOW CAUSE HEARING ON FAILURE TO COMPLY
3067	3067	WITH JUDICIAL REQUIREMENTS
3068	3068	Art. 45A.307. JUDICIAL ACTIONS ON SHOW CAUSE HEARING
3069	3069	SUBCHAPTER H. DRIVING SAFETY OR MOTORCYCLE OPERATOR COURSE
3070	3070	DISMISSAL
3071	3071	Art. 45A.351. APPLICABILITY
3072	3072	Art. 45A.352. DRIVING SAFETY OR MOTORCYCLE OPERATOR
3073	3073	TRAINING COURSE COMPLETION
3074	3074	Art. 45A.353. CERTAIN DEFENDANTS ENTITLED TO COMPLETE
3075	3075	DRIVING SAFETY OR MOTORCYCLE OPERATOR
3076	3076	TRAINING COURSE
3077	3077	Art. 45A.354. CONTENT OF NOTICE TO APPEAR
3078	3078	Art. 45A.355. EXTENSION FOR GOOD CAUSE
3079	3079	Art. 45A.356. JUDICIAL ACTIONS FOLLOWING PLEA; SHOW
3080	3080	CAUSE HEARING
3081	3081	Art. 45A.357. EFFECT OF DISMISSAL OR COURSE COMPLETION
3082	3082	Art. 45A.358. ADDITIONAL FINES AND FEES RELATING TO
3083	3083	COURSE REQUEST
3084	3084	Art. 45A.359. DRIVING RECORD RETRIEVAL AND RELATED FEE
3085	3085	SUBCHAPTER I. OTHER DISMISSALS
3086	3086	Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON
3087	3087	COMPLETION OF TEEN COURT PROGRAM
3088	3088	Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF
3089	3089	PERSON WITH CHEMICAL DEPENDENCY
3090	3090	Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO
3091	3091	NONATTENDANCE CHARGE
3092	3092	SUBCHAPTER J. CASES INVOLVING JUVENILES
3093	3093	Art. 45A.451. JUVENILE CASE MANAGERS
3094	3094	Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT
3095	3095	Art. 45A.453. CHILD TAKEN INTO CUSTODY
3096	3096	Art. 45A.454. CONDUCT ALLEGED ON SCHOOL PROPERTY
3097	3097	Art. 45A.455. CHILD TAKEN INTO CUSTODY FOR VIOLATION
3098	3098	OF JUVENILE CURFEW OR ORDER
3099	3099	Art. 45A.456. CONTINUING OBLIGATION TO APPEAR FOR
3100	3100	UNADJUDICATED CHILD, NOW ADULT;
3101	3101	OFFENSE
3102	3102	Art. 45A.457. FINDING THAT OFFENSE COMMITTED
3103	3103	Art. 45A.458. FINDING OF ELECTRONIC TRANSMISSION OF
3104	3104	CERTAIN VISUAL MATERIAL DEPICTING
3105	3105	MINOR
3106	3106	Art. 45A.459. COMMUNITY SERVICE TO SATISFY FINES OR
3107	3107	COSTS FOR CERTAIN JUVENILE DEFENDANTS
3108	3108	Art. 45A.460. COMMUNITY SERVICE TO SATISFY FINES OR
3109	3109	COSTS FOR CERTAIN JUVENILE DEFENDANTS
3110	3110	FOR OFFENSES ON SCHOOL GROUNDS
3111	3111	Art. 45A.461. FAILURE TO PAY FINE OR APPEAR
3112	3112	Art. 45A.462. CONFIDENTIAL RECORDS RELATED TO CERTAIN
3113	3113	CHARGES AGAINST OR CONVICTIONS OF
3114	3114	CHILD
3115	3115	Art. 45A.463. EXPUNCTION OF CERTAIN RECORDS OF CHILD
3116	3116	OR MINOR
3117	3117	Art. 45A.464. EXPUNCTION OF RECORDS RELATED TO FAILURE
3118	3118	TO ATTEND SCHOOL
3119	3119	CHAPTER 45A. JUSTICE AND MUNICIPAL COURTS
3120	3120	SUBCHAPTER A. GENERAL PROVISIONS
3121	3121	Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES. (a) The
3122	3122	purpose of this chapter is to establish procedures for processing
3123	3123	cases under the criminal jurisdiction of the justice and municipal
3124	3124	courts.
3125	3125	(b) This chapter is intended and shall be construed to
3126	3126	achieve the following objectives:
3127	3127	(1) to provide fair notice and a meaningful
3128	3128	opportunity to be heard to a person appearing in a criminal
3129	3129	proceeding in a justice or municipal court;
3130	3130	(2) to ensure appropriate dignity in court procedure
3131	3131	without undue formalism;
3132	3132	(3) to promote adherence to rules with sufficient
3133	3133	flexibility to serve the ends of justice; and
3134	3134	(4) to process cases without unnecessary expense or
3135	3135	delay. (Code Crim. Proc., Art. 45.001.)
3136	3136	Art. 45A.002. DEFINITIONS. In this chapter:
3137	3137	(1) "Complaint" means a sworn allegation charging an
3138	3138	accused person with the commission of an offense.
3139	3139	(2) "Cost" includes any fee, including a reimbursement
3140	3140	fee, imposed on a defendant by a justice or judge, unless the
3141	3141	context clearly indicates otherwise. (Code Crim. Proc., Arts.
3142	3142	45.004, 45.018(a).)
3143	3143	Art. 45A.003. APPLICABILITY. (a) A criminal proceeding in
3144	3144	a justice or municipal court shall be conducted in accordance with
3145	3145	this chapter.
3146	3146	(b) If this chapter does not provide a rule of procedure
3147	3147	governing an aspect of a case, the justice or judge shall apply the
3148	3148	other general provisions of this code to the extent necessary to
3149	3149	achieve the objectives of this chapter. (Code Crim. Proc., Art.
3150	3150	45.002.)
3151	3151	Art. 45A.004. RULES OF EVIDENCE. The rules of evidence that
3152	3152	apply to the trial of a criminal action in a district court apply to
3153	3153	a criminal proceeding in a justice or municipal court. (Code Crim.
3154	3154	Proc., Art. 45.011.)
3155	3155	Art. 45A.005. PROSECUTING ATTORNEY. (a) A county or
3156	3156	district attorney or a deputy county or district attorney shall
3157	3157	conduct each prosecution in a justice court.
3158	3158	(b) Except as otherwise provided by law, a district attorney
3159	3159	or a deputy district attorney with the consent of the county
3160	3160	attorney may prosecute an appeal from a justice court.
3161	3161	(c) A municipal attorney or a deputy municipal attorney
3162	3162	shall conduct each prosecution in a municipal court.
3163	3163	(d) The county attorney of the county in which a
3164	3164	municipality is located may also represent the state in a
3165	3165	prosecution in a municipal court in that municipality. The county
3166	3166	attorney is not entitled to receive any fees or other compensation
3167	3167	for representing the state in a prosecution described by this
3168	3168	subsection.
3169	3169	(e) With the consent of the county attorney, a municipal
3170	3170	attorney or a deputy municipal attorney may prosecute an appeal
3171	3171	from a municipal court to a county court, county court at law, or
3172	3172	appellate court. (Code Crim. Proc., Arts. 45.101, 45.201(a), (b),
3173	3173	(c).)
3174	3174	Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS. The
3175	3175	primary duty of a municipal attorney is not to convict, but to see
3176	3176	that justice is done. (Code Crim. Proc., Art. 45.201(d).)
3177	3177	SUBCHAPTER B. COURT RECORDS
3178	3178	Art. 45A.051. ELECTRONIC RECORDS. (a) Notwithstanding any
3179	3179	other law, a document issued or maintained by a justice or municipal
3180	3180	court or a notice or a citation issued by a law enforcement officer
3181	3181	may be created by electronic means, including:
3182	3182	(1) optical imaging;
3183	3183	(2) optical disk;
3184	3184	(3) digital imaging; or
3185	3185	(4) another electronic reproduction technique that
3186	3186	does not permit changes, additions, or deletions to the originally
3187	3187	created document.
3188	3188	(b) A justice or municipal court may use electronic means
3189	3189	to:
3190	3190	(1) produce a document required by law to be written;
3191	3191	(2) record an instrument, paper, or notice that is
3192	3192	permitted or required by law to be recorded or filed; or
3193	3193	(3) maintain a docket.
3194	3194	(c) Information in a docket may be processed and stored
3195	3195	using electronic data processing equipment, at the discretion of
3196	3196	the justice or judge.
3197	3197	(d) A justice or municipal court shall maintain original
3198	3198	documents as provided by law.
3199	3199	(e) An electronically recorded judgment has the same force
3200	3200	and effect as a written signed judgment.
3201	3201	(f) A record created by electronic means is an original
3202	3202	record or a certification of the original record.
3203	3203	(g) A printed copy of an optical image of the original
3204	3204	record printed from an optical disk system is an accurate copy of
3205	3205	the original record.
3206	3206	(h) A statutory requirement that a document contain the
3207	3207	signature of any person, including a judge, clerk of the court, or
3208	3208	defendant, is satisfied if the document contains that signature as
3209	3209	captured on an electronic device. (Code Crim. Proc., Arts.
3210	3210	45.012(a), (b), (c), (d), (e), (f), (h), 45.017(b).)
3211	3211	Art. 45A.052. COURT SEAL. (a) A justice or municipal court
3212	3212	shall have a court seal.
3213	3213	(b) The impression of the court seal must be:
3214	3214	(1) attached to all papers issued out of the justice or
3215	3215	municipal court except subpoenas; and
3216	3216	(2) used to authenticate the official acts of the
3217	3217	clerk and of the recorder.
3218	3218	(c) A court seal may be created by electronic means,
3219	3219	including:
3220	3220	(1) optical imaging;
3221	3221	(2) optical disk; or
3222	3222	(3) another electronic reproduction technique that
3223	3223	does not permit changes, additions, or deletions to an original
3224	3224	document created by the same type of system. (Code Crim. Proc.,
3225	3225	Art. 45.012(g).)
3226	3226	Art. 45A.053. DOCKET. The justice or judge of a justice or
3227	3227	municipal court or, if directed by the justice or judge, the clerk
3228	3228	of the court shall keep a docket containing the following
3229	3229	information:
3230	3230	(1) the style and file number of each criminal action;
3231	3231	(2) the nature of the offense charged;
3232	3232	(3) the plea offered by the defendant and the date the
3233	3233	plea was entered;
3234	3234	(4) the date the warrant, if any, was issued and the
3235	3235	return made on the warrant;
3236	3236	(5) the date the examination or trial was held;
3237	3237	(6) if a trial was held, whether it was by a jury or by
3238	3238	the justice or judge;
3239	3239	(7) the verdict of the jury, if any, and the date of
3240	3240	the verdict;
3241	3241	(8) the judgment and sentence of the court and the date
3242	3242	each was entered;
3243	3243	(9) the motion for new trial, if any, and the decision
3244	3244	made on the motion; and
3245	3245	(10) whether an appeal was taken and the date of that
3246	3246	action. (Code Crim. Proc., Art. 45.017(a).)
3247	3247	Art. 45A.054. FILING BY MAIL. (a) Notwithstanding any
3248	3248	other law, for purposes of this chapter, a document is considered
3249	3249	timely filed with the clerk of a justice or municipal court if:
3250	3250	(1) the document is deposited with the United States
3251	3251	Postal Service in a first class postage prepaid envelope properly
3252	3252	addressed to the clerk on or before the date the document is
3253	3253	required to be filed with the clerk; and
3254	3254	(2) the clerk receives the document not later than the
3255	3255	10th day after the date the document is required to be filed with
3256	3256	the clerk.
3257	3257	(b) A legible postmark affixed by the United States Postal
3258	3258	Service is prima facie evidence of the date the document is
3259	3259	deposited with the United States Postal Service.
3260	3260	(c) In this article, "day" does not include Saturday,
3261	3261	Sunday, or a legal holiday. (Code Crim. Proc., Art. 45.013.)
3262	3262	Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
3263	3263	MISDEMEANORS. (a) Except as provided by Subsections (b) and (c),
3264	3264	following the fifth anniversary of the date of a final conviction
3265	3265	of, or of a dismissal after deferral of disposition for, a
3266	3266	misdemeanor offense punishable by fine only, all records and files
3267	3267	and information stored by electronic means or otherwise, from which
3268	3268	a record or file could be generated, that are held or stored by or
3269	3269	for a justice or municipal court and relate to the person who was
3270	3270	convicted of, or who received a dismissal after deferral of
3271	3271	disposition for, the offense are confidential and may not be
3272	3272	disclosed to the public.
3273	3273	(b) Records, files, and information subject to Subsection
3274	3274	(a) may be open to inspection only:
3275	3275	(1) by a judge or court staff;
3276	3276	(2) by a criminal justice agency for a criminal
3277	3277	justice purpose, as those terms are defined by Section 411.082,
3278	3278	Government Code;
3279	3279	(3) by the Department of Public Safety;
3280	3280	(4) by the attorney representing the state;
3281	3281	(5) by the defendant or the defendant's counsel;
3282	3282	(6) if the offense is a traffic offense, by an
3283	3283	insurance company or surety company authorized to write motor
3284	3284	vehicle liability insurance in this state; or
3285	3285	(7) for the purpose of complying with a requirement
3286	3286	under federal law, including a disclosure that is required as a
3287	3287	condition of receiving federal highway funds.
3288	3288	(c) This article does not apply to records, files, and
3289	3289	information described by Subsection (a) that relate to an offense
3290	3290	that is sexual in nature, as determined by the holder of the
3291	3291	records, files, or information. (Code Crim. Proc., Art. 45.0218.)
3292	3292	SUBCHAPTER C. PRETRIAL PROCEEDINGS
3293	3293	Art. 45A.101. COMPLAINT. (a) A complaint is sufficient,
3294	3294	without regard to form, if the complaint substantially satisfies
3295	3295	the following requirements:
3296	3296	(1) is in writing;
3297	3297	(2) begins with "In the name and by the authority of
3298	3298	the State of Texas";
3299	3299	(3) either:
3300	3300	(A) states the name of the accused person; or
3301	3301	(B) if the name of the accused person is unknown,
3302	3302	includes a reasonably definite description of the accused person;
3303	3303	(4) either:
3304	3304	(A) shows that the accused person has committed
3305	3305	an offense against the law of this state; or
3306	3306	(B) states that the affiant has good reason to
3307	3307	believe and does believe that the accused person has committed an
3308	3308	offense against the law of this state;
3309	3309	(5) states the date the offense was committed as
3310	3310	definitely as the affiant is able to provide;
3311	3311	(6) bears the signature or mark of the affiant; and
3312	3312	(7) concludes with the words "Against the peace and
3313	3313	dignity of the State."
3314	3314	(b) If the offense charged is an offense under a municipal
3315	3315	ordinance only, the complaint may also conclude with the words
3316	3316	"Contrary to the said ordinance."
3317	3317	(c) A complaint must allege that the offense was committed:
3318	3318	(1) in the county in which the complaint is made, if
3319	3319	filed in justice court; or
3320	3320	(2) in the territorial limits of the municipality in
3321	3321	which the complaint is made, if filed in municipal court.
3322	3322	(d) A complaint may be sworn to before any officer
3323	3323	authorized to administer oaths.
3324	3324	(e) A complaint in a municipal court may be sworn to before:
3325	3325	(1) the municipal judge;
3326	3326	(2) the clerk of the court or a deputy clerk;
3327	3327	(3) the municipal secretary; or
3328	3328	(4) the municipal attorney or a deputy municipal
3329	3329	attorney.
3330	3330	(f) In a county with a population of more than two million
3331	3331	that does not have a county attorney, a complaint for an offense
3332	3332	under Section 32.41, Penal Code, must be approved by the district
3333	3333	attorney, regardless of whether a collection proceeding is
3334	3334	initiated by the district attorney under Subsection (e) of that
3335	3335	section.
3336	3336	(g) A defendant is entitled to notice of a complaint against
3337	3337	the defendant not later than the day before the date of any
3338	3338	proceeding in the prosecution of the defendant under the complaint.
3339	3339	The defendant may waive the right to notice granted by this
3340	3340	subsection. (Code Crim. Proc., Arts. 45.018(b), 45.019(a), (b),
3341	3341	(c), (d), (e), (g).)
3342	3342	Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT. If the
3343	3343	defendant does not object to a defect, error, or irregularity of
3344	3344	form or substance in a charging instrument before the date the trial
3345	3345	on the merits begins, the defendant waives and forfeits the right to
3346	3346	object to the defect, error, or irregularity. This article does not
3347	3347	prohibit a trial court from requiring that an objection to a
3348	3348	charging instrument be made at an earlier time. (Code Crim. Proc.,
3349	3349	Art. 45.019(f).)
3350	3350	Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT. (a)
3351	3351	All process issued by a municipal court:
3352	3352	(1) may be served by a peace officer or marshal of the
3353	3353	municipality in which the court is located; and
3354	3354	(2) shall be served by a peace officer or marshal
3355	3355	described by Subdivision (1) if directed by the court.
3356	3356	(b) Process must be served under Subsection (a) in
3357	3357	accordance with the law governing a sheriff's or constable's
3358	3358	service of process issued by a justice court, as applicable.
3359	3359	(c) A peace officer or marshal of a municipality may serve
3360	3360	process issued by a municipal court in that municipality anywhere
3361	3361	in the county or counties in which the municipality is located.
3362	3362	(Code Crim. Proc., Art. 45.202.)
3363	3363	Art. 45A.104. ARREST WARRANT. (a) If a sworn complaint or
3364	3364	affidavit based on probable cause has been filed before a justice or
3365	3365	municipal court, the justice or judge may issue a warrant for the
3366	3366	arrest of the defendant and deliver the warrant to the proper
3367	3367	officer to be executed.
3368	3368	(b) A warrant is sufficient if the warrant:
3369	3369	(1) is issued in the name of "The State of Texas";
3370	3370	(2) is directed to the proper peace officer or other
3371	3371	person specifically named in the warrant;
3372	3372	(3) includes a command that the defendant be taken,
3373	3373	and brought before the authority issuing the warrant, at the time
3374	3374	and place stated in the warrant;
3375	3375	(4) either:
3376	3376	(A) states the defendant's name; or
3377	3377	(B) if the defendant's name is not known,
3378	3378	describes the defendant as provided in the complaint;
3379	3379	(5) states that the defendant is accused of an offense
3380	3380	against the law of this state, naming the offense; and
3381	3381	(6) is signed by the justice or judge, naming the
3382	3382	office of the justice or judge either in the body of the warrant or
3383	3383	in connection with the signature of the justice or judge.
3384	3384	(c) Except as inconsistent or in conflict with this chapter,
3385	3385	Chapter 15 applies to a warrant of arrest issued under this article.
3386	3386	(d) In a county with a population of more than two million
3387	3387	that does not have a county attorney, a justice or judge may not
3388	3388	issue a warrant under this article for an offense under Section
3389	3389	32.41, Penal Code, unless the district attorney has approved the
3390	3390	complaint or affidavit on which the warrant is based.
3391	3391	(e) A justice or judge may not issue an arrest warrant for
3392	3392	the defendant's failure to appear at the initial court setting,
3393	3393	including failure to appear as required by a citation issued under
3394	3394	Article 14.06(b), unless:
3395	3395	(1) the justice or judge provides by telephone or
3396	3396	regular mail to the defendant notice that includes:
3397	3397	(A) a date and time, occurring within the 30-day
3398	3398	period following the date that notice is provided, when the
3399	3399	defendant must appear before the justice or judge;
3400	3400	(B) the name and address of the court with
3401	3401	jurisdiction in the case;
3402	3402	(C) information regarding alternatives to the
3403	3403	full payment of any fines or costs owed by the defendant, if the
3404	3404	defendant is unable to pay that amount;
3405	3405	(D) a statement that the defendant may be
3406	3406	entitled to a credit toward any fines or costs owed by the defendant
3407	3407	if the defendant was confined in jail or prison after the commission
3408	3408	of the offense for which the notice is given; and
3409	3409	(E) an explanation of the consequences if the
3410	3410	defendant fails to appear before the justice or judge as required by
3411	3411	this article; and
3412	3412	(2) the defendant fails to appear before the justice
3413	3413	or judge as required by this article.
3414	3414	(f) A defendant who receives notice under Subsection (e) may
3415	3415	request an alternative date or time to appear before the justice or
3416	3416	judge if the defendant is unable to appear on the date and time
3417	3417	included in the notice.
3418	3418	(g) A justice or judge shall recall an arrest warrant for
3419	3419	the defendant's failure to appear if the defendant voluntarily
3420	3420	appears and makes a good faith effort to resolve the arrest warrant
3421	3421	before the warrant is executed. (Code Crim. Proc., Art. 45.014, as
3422	3422	amended Acts 85th Leg., R.S., Ch. 1127.)
3423	3423	Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT. If a
3424	3424	criminal offense that a justice of the peace has jurisdiction to try
3425	3425	is committed within the view of the justice, the justice may issue a
3426	3426	warrant for the arrest of the offender. (Code Crim. Proc., Art.
3427	3427	45.103.)
3428	3428	Art. 45A.106. DEFENDANT PLACED IN JAIL. If a peace officer
3429	3429	is authorized by this title to retain a defendant in custody, the
3430	3430	officer may place the defendant in jail in accordance with this code
3431	3431	or other law. (Code Crim. Proc., Art. 45.015.)
3432	3432	Art. 45A.107. BAIL. (a) A justice or judge may require a
3433	3433	defendant to give a personal bond to secure the defendant's
3434	3434	appearance in accordance with this code.
3435	3435	(b) A justice or judge may not, either instead of or in
3436	3436	addition to the personal bond, require a defendant to give a bail
3437	3437	bond unless:
3438	3438	(1) the defendant fails to appear in accordance with
3439	3439	this code with respect to the applicable offense; and
3440	3440	(2) the justice or judge determines that:
3441	3441	(A) the defendant has sufficient resources or
3442	3442	income to give a bail bond; and
3443	3443	(B) a bail bond is necessary to secure the
3444	3444	defendant's appearance in accordance with this code.
3445	3445	(c) If a defendant required to give a bail bond in
3446	3446	accordance with Subsection (b) does not give the bail bond within 48
3447	3447	hours after the issuance of the applicable order, the justice or
3448	3448	judge:
3449	3449	(1) shall reconsider the requirement for the defendant
3450	3450	to give the bail bond and presume that the defendant does not have
3451	3451	sufficient resources or income to give the bond; and
3452	3452	(2) may require the defendant to give a personal bond.
3453	3453	(d) A defendant may be held in custody if the defendant:
3454	3454	(1) refuses to give a personal bond; or
3455	3455	(2) except as provided by Subsection (c), refuses or
3456	3456	otherwise fails to give a bail bond. (Code Crim. Proc., Art.
3457	3457	45.016, as amended Acts 85th Leg., R.S., Ch. 1127.)
3458	3458	Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER COUNTY.
3459	3459	If a complaint is made before a justice of the peace that a felony
3460	3460	has been committed in a county other than the county in which the
3461	3461	complaint is made, the justice shall issue a warrant for the arrest
3462	3462	of the defendant, directed as provided in other cases, commanding
3463	3463	that the defendant be arrested and taken before a magistrate of the
3464	3464	county in which the felony is alleged to have been committed,
3465	3465	immediately, for examination as provided in other cases. (Code
3466	3466	Crim. Proc., Art. 45.102.)
3467	3467	SUBCHAPTER D. TRIAL
3468	3468	Art. 45A.151. DEFENDANT'S PLEA. (a) A pleading of a
3469	3469	defendant in a justice or municipal court may be oral or in writing
3470	3470	as directed by the court.
3471	3471	(b) After a jury is impaneled, or after the defendant has
3472	3472	waived trial by jury, the defendant may enter:
3473	3473	(1) a plea of guilty, not guilty, or nolo contendere;
3474	3474	or
3475	3475	(2) a special plea of double jeopardy as described by
3476	3476	Article 27.05.
3477	3477	(c) If a defendant is detained in jail before trial, the
3478	3478	justice or judge may permit the defendant to enter any of the pleas
3479	3479	described by Subsection (b).
3480	3480	(d) If a defendant is charged with an offense involving
3481	3481	family violence, as defined by Section 71.004, Family Code, the
3482	3482	justice or judge must take the defendant's plea in open court.
3483	3483	(Code Crim. Proc., Arts. 45.021, 45.0211, 45.023(a), (b).)
3484	3484	Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD. If a defendant
3485	3485	refuses to plead, the justice or judge shall enter a plea of not
3486	3486	guilty. (Code Crim. Proc., Art. 45.024.)
3487	3487	Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE GENERALLY.
3488	3488	(a) On the entry of a plea of guilty or nolo contendere, the justice
3489	3489	or municipal court may hear proof regarding the offense and assess
3490	3490	the punishment.
3491	3491	(b) A justice or judge may not accept a plea of guilty or
3492	3492	nolo contendere from a defendant in open court unless it appears to
3493	3493	the justice or judge that the defendant is mentally competent and
3494	3494	the plea is free and voluntary. (Code Crim. Proc., Arts. 45.022,
3495	3495	45.0241.)
3496	3496	Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY
3497	3497	DEFENDANT IN JAIL. (a) If a defendant who is detained in jail
3498	3498	enters a plea of guilty or nolo contendere, the justice or judge
3499	3499	may, after complying with Article 15.17 and advising the defendant
3500	3500	of the defendant's right to trial by jury, as appropriate:
3501	3501	(1) accept the defendant's plea;
3502	3502	(2) assess a fine, determine costs, and accept payment
3503	3503	of the fine and costs;
3504	3504	(3) give the defendant credit for time served;
3505	3505	(4) determine whether the defendant is indigent; or
3506	3506	(5) discharge the defendant.
3507	3507	(b) Notwithstanding Article 45A.201(a), following a plea of
3508	3508	guilty or nolo contendere entered by a defendant detained in jail, a
3509	3509	motion for new trial must be made not later than the 10th day after
3510	3510	the imposition of judgment and sentence. The justice or judge shall
3511	3511	grant a motion for new trial made under this subsection. (Code
3512	3512	Crim. Proc., Arts. 45.023(c), (d).)
3513	3513	Art. 45A.155. JURY WAIVER. (a) A defendant may waive a
3514	3514	trial by jury in writing.
3515	3515	(b) If a defendant waives a trial by jury, the justice or
3516	3516	judge shall hear and determine the case without a jury. (Code Crim.
3517	3517	Proc., Art. 45.025.)
3518	3518	Art. 45A.156. JURY SUMMONED. (a) If a defendant does not
3519	3519	waive a trial by jury, the justice or judge shall issue a writ
3520	3520	commanding the proper officer to summon a venire from which six
3521	3521	qualified persons shall be selected to serve as jurors in the case.
3522	3522	(b) Jurors summoned as provided by Subsection (a) shall
3523	3523	remain in attendance, as jurors in all cases that may come up for
3524	3524	hearing, until discharged by the justice or municipal court.
3525	3525	(c) A person summoned as provided by Subsection (a) who
3526	3526	fails to attend may be fined an amount not to exceed $100 for
3527	3527	contempt.
3528	3528	(d) If a sufficient number of jurors are not in attendance
3529	3529	as a result of challenges or any other reason, the justice or judge
3530	3530	shall order the proper officer to summon a sufficient number of
3531	3531	qualified persons to form the jury. (Code Crim. Proc., Arts.
3532	3532	45.027, 45.028.)
3533	3533	Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL. (a) A
3534	3534	justice or municipal court may order a defendant who does not waive
3535	3535	a jury trial in a justice or municipal court and who fails to appear
3536	3536	for the trial to pay a reimbursement fee for the costs incurred for
3537	3537	impaneling the jury.
3538	3538	(b) The justice or municipal court for good cause may
3539	3539	release a defendant from the obligation to pay the reimbursement
3540	3540	fee under this article.
3541	3541	(c) An order issued by a justice or municipal court under
3542	3542	this article may be enforced by contempt as provided by Section
3543	3543	21.002(c), Government Code. (Code Crim. Proc., Art. 45.026.)
3544	3544	Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR
3545	3545	TRIAL. If an attorney representing the state is not present when
3546	3546	the case is called for trial, the justice or judge may:
3547	3547	(1) postpone the trial to a specified date;
3548	3548	(2) appoint an attorney pro tem as provided by this
3549	3549	code to represent the state; or
3550	3550	(3) proceed to trial. (Code Crim. Proc., Art. 45.031.)
3551	3551	Art. 45A.159. JURY SELECTION AND FORMATION. (a) In a jury
3552	3552	trial in a justice or municipal court, the state, and each defendant
3553	3553	in the case, is entitled to three peremptory challenges.
3554	3554	(b) The justice or judge shall form the jury and administer
3555	3555	the appropriate oath in accordance with Chapter 35. (Code Crim.
3556	3556	Proc., Arts. 45.029, 45.030.)
3557	3557	Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY. The defendant
3558	3558	has a right to appear by an attorney as in all other cases. (Code
3559	3559	Crim. Proc., Art. 45.020(a).)
3560	3560	Art. 45A.161. ORDER OF ARGUMENT. The attorney representing
3561	3561	the state may open and conclude the argument in the case. (Code
3562	3562	Crim. Proc., Art. 45.020(b).)
3563	3563	Art. 45A.162. DIRECTED VERDICT. If, on the trial of a case
3564	3564	in a justice or municipal court, the state fails to prove a prima
3565	3565	facie case of the offense alleged in the complaint, the defendant is
3566	3566	entitled to a directed verdict of not guilty. (Code Crim. Proc.,
3567	3567	Art. 45.032.)
3568	3568	Art. 45A.163. JURY CHARGE. (a) The judge shall charge the
3569	3569	jury.
3570	3570	(b) The charge may be made orally or in writing, except that
3571	3571	the charge shall be made in writing if required by other law. (Code
3572	3572	Crim. Proc., Art. 45.033.)
3573	3573	Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION. When
3574	3574	the case is submitted to the jury, the jury shall retire in the
3575	3575	charge of an officer and be kept together until:
3576	3576	(1) the jury agrees to a verdict;
3577	3577	(2) the jury is discharged; or
3578	3578	(3) the court recesses. (Code Crim. Proc., Art.
3579	3579	45.034.)
3580	3580	Art. 45A.165. MISTRIAL. (a) A justice or municipal court
3581	3581	shall discharge a jury if the jury fails to agree to a verdict after
3582	3582	being kept together a reasonable period.
3583	3583	(b) If a jury is discharged under Subsection (a), the
3584	3584	justice or judge may impanel another jury as soon as practicable to
3585	3585	try the case. (Code Crim. Proc., Art. 45.035.)
3586	3586	Art. 45A.166. VERDICT. (a) When the jury has agreed on a
3587	3587	verdict, the jury shall bring the verdict into court.
3588	3588	(b) The justice or judge shall ensure that the verdict is in
3589	3589	the proper form and impose the proper judgment and sentence on the
3590	3590	verdict. (Code Crim. Proc., Art. 45.036.)
3591	3591	SUBCHAPTER E. NEW TRIAL AND APPEAL
3592	3592	Art. 45A.201. NEW TRIAL. (a) A motion for a new trial must
3593	3593	be made not later than the fifth day after the imposition of
3594	3594	judgment and sentence.
3595	3595	(b) Subject to Subsection (e), not later than the 10th day
3596	3596	after the date that the judgment is entered, a justice or judge may
3597	3597	grant the defendant a new trial for good cause shown if the justice
3598	3598	or judge considers that justice has not been done the defendant in
3599	3599	the trial of the case.
3600	3600	(c) If a motion for a new trial is not granted before the
3601	3601	11th day after the date that the judgment is entered, the motion is
3602	3602	considered denied.
3603	3603	(d) If a new trial is granted, the justice or judge shall
3604	3604	proceed to try the case again as soon as practicable.
3605	3605	(e) A defendant may be granted not more than one new trial in
3606	3606	the same case.
3607	3607	(f) The state is not entitled to a new trial in any case.
3608	3608	(Code Crim. Proc., Arts. 45.037, 45.038, 45.039, 45.040.)
3609	3609	Art. 45A.202. APPEAL. (a) An appeal from a justice or
3610	3610	municipal court, including an appeal from a final judgment in a bond
3611	3611	forfeiture proceeding, shall be heard by the county court or, if the
3612	3612	county court has no jurisdiction over the case, the proper court in
3613	3613	the county.
3614	3614	(b) A de novo trial shall be held on appeal unless the appeal
3615	3615	is:
3616	3616	(1) taken from a municipal court of record; and
3617	3617	(2) based on error reflected in the record.
3618	3618	(c) An appeal may not be dismissed because of:
3619	3619	(1) the defendant's failure to give notice of appeal in
3620	3620	open court; or
3621	3621	(2) the presence of a defect in the transcript.
3622	3622	(d) In an appeal from the judgment and sentence of a justice
3623	3623	or municipal court, if the defendant is in custody, the defendant
3624	3624	shall be committed to jail unless the defendant is released on bail.
3625	3625	(e) If the court that issued the judgment and sentence being
3626	3626	appealed is in session, the court must approve the bail. (Code Crim.
3627	3627	Proc., Arts. 45.042, 45.0425(a) (part), 45.0426(c).)
3628	3628	Art. 45A.203. APPEAL BOND. (a) An appeal is perfected when
3629	3629	the appeal bond has been filed:
3630	3630	(1) with the justice or judge who tried the case; and
3631	3631	(2) not later than the 10th day after the date the
3632	3632	judgment was entered.
3633	3633	(b) If an appeal bond is not timely filed, the appellate
3634	3634	court does not have jurisdiction over the case and shall remand the
3635	3635	case to the justice or municipal court for execution of the
3636	3636	sentence.
3637	3637	(c) The amount of an appeal bond may not be less than the
3638	3638	greater of:
3639	3639	(1) twice the amount of the fine and costs adjudged
3640	3640	against the defendant; or
3641	3641	(2) $50.
3642	3642	(d) If an appeal bond otherwise meets the requirements of
3643	3643	this code, the court, without requiring a court appearance by the
3644	3644	defendant, shall approve the appeal bond in the amount the court
3645	3645	notified the defendant would be approved under Article 27.14(b).
3646	3646	(e) An appeal bond must be made payable to the State of Texas
3647	3647	and must:
3648	3648	(1) state that the defendant was convicted in the case
3649	3649	and has appealed; and
3650	3650	(2) be conditioned on the defendant:
3651	3651	(A) making a personal appearance before the court
3652	3652	to which the appeal is taken:
3653	3653	(i) immediately, if the court is in
3654	3654	session; or
3655	3655	(ii) if the court is not in session, at the
3656	3656	next regular term of the court, provided that the bond states the
3657	3657	time and place of that session; and
3658	3658	(B) remaining at the court from day to day and
3659	3659	term to term to answer in the case. (Code Crim. Proc., Arts.
3660	3660	45.0425(a) (part), (b), 45.0426(a), (b).)
3661	3661	Art. 45A.204. EFFECT OF APPEAL. All further proceedings in
3662	3662	the case in the justice or municipal court must cease when a
3663	3663	defendant files the appeal bond required by law with the justice or
3664	3664	municipal court. (Code Crim. Proc., Art. 45.043.)
3665	3665	SUBCHAPTER F. JUDGMENT, FINES, AND COSTS
3666	3666	Art. 45A.251. JUDGMENT. (a) The judgment and sentence for
3667	3667	a conviction in a criminal action before a justice or judge is that
3668	3668	the defendant pay the amount of the fine and costs to the state.
3669	3669	(b) Subject to Articles 45A.253(a) and (b) and Article
3670	3670	45A.257, the justice or judge may direct the defendant:
3671	3671	(1) to pay:
3672	3672	(A) the entire fine and costs when the sentence
3673	3673	is pronounced;
3674	3674	(B) the entire fine and costs at a later date; or
3675	3675	(C) a specified portion of the fine and costs at
3676	3676	designated intervals;
3677	3677	(2) if applicable, to make restitution to a victim of
3678	3678	the offense; and
3679	3679	(3) to satisfy any other sanction authorized by law.
3680	3680	(c) Restitution made under Subsection (b)(2) may not exceed
3681	3681	$5,000 for an offense under Section 32.41, Penal Code.
3682	3682	(d) The justice or judge shall credit the defendant for time
3683	3683	served in jail as provided by Article 42.03. The credit under this
3684	3684	subsection shall be applied to the amount of the fine and costs at
3685	3685	the rate provided by Article 45A.262.
3686	3686	(e) In addition to credit under Subsection (d), in imposing
3687	3687	a fine and costs in a case involving a misdemeanor punishable by
3688	3688	fine only, the justice or judge shall credit the defendant for any
3689	3689	period the defendant was confined in jail or prison while serving a
3690	3690	sentence for another offense if that confinement occurred after the
3691	3691	commission of the misdemeanor. The credit under this subsection
3692	3692	shall be applied to the amount of the fine and costs at the rate of
3693	3693	not less than $150 for each day of confinement.
3694	3694	(f) All judgments, sentences, and final orders of the
3695	3695	justice or judge shall be imposed in open court. (Code Crim. Proc.,
3696	3696	Arts. 45.041(a), (b), (b-1), (c), (c-1), (d).)
3697	3697	Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR
3698	3698	COSTS. (a) Notwithstanding any other provision of this article,
3699	3699	Article 45A.251, or Article 45A.253, during or immediately after
3700	3700	imposing a sentence in a case in which the defendant entered a plea
3701	3701	in open court as provided by Article 27.14(a) or 27.16(a), the
3702	3702	justice or judge shall inquire whether the defendant has sufficient
3703	3703	resources or income to immediately pay all or part of the fine and
3704	3704	costs.
3705	3705	(b) If the justice or judge determines that the defendant
3706	3706	does not have sufficient resources or income to immediately pay all
3707	3707	or part of the fine and costs, the justice or judge shall determine
3708	3708	whether the fine and costs should be:
3709	3709	(1) subject to Article 45A.253(a), required to be paid
3710	3710	at a later date or in a specified portion at designated intervals;
3711	3711	(2) discharged by performing community service under,
3712	3712	as applicable, Article 45A.254, 45A.459, or 45A.460;
3713	3713	(3) waived in full or in part under Article 45A.257; or
3714	3714	(4) satisfied through any combination of methods under
3715	3715	Subdivision (1), (2), or (3). (Code Crim. Proc., Art. 45.041(a-1).)
3716	3716	Art. 45A.253. DISCHARGING FINES OR COSTS. (a) In imposing
3717	3717	a fine and costs, the justice or judge shall allow the defendant to
3718	3718	pay the fine and costs in specified portions at designated
3719	3719	intervals if the justice or judge determines that the defendant is
3720	3720	unable to immediately pay the fine and costs.
3721	3721	(b) A judge may allow a defendant who is a child, as defined
3722	3722	by Article 45A.453(a), to elect at the time of conviction, as
3723	3723	defined by Section 133.101, Local Government Code, to discharge the
3724	3724	fine and costs by:
3725	3725	(1) performing community service or receiving
3726	3726	tutoring under Article 45A.460, regardless of whether the
3727	3727	applicable offense occurred at a location specified by Subsection
3728	3728	(a) of that article; or
3729	3729	(2) paying the fine and costs in a manner described by
3730	3730	Article 45A.251(b).
3731	3731	(c) The defendant must make the election under Subsection
3732	3732	(b) in writing. The defendant and, if present, the defendant's
3733	3733	parent, guardian, or managing conservator must sign the election.
3734	3734	The court shall maintain the written election as a record of the
3735	3735	court and provide a copy to the defendant.
3736	3736	(d) Notwithstanding Article 45A.252 or any other provision
3737	3737	of this chapter, in imposing a fine and costs, the justice or judge
3738	3738	may not require a defendant who is under the conservatorship of the
3739	3739	Department of Family and Protective Services or in extended foster
3740	3740	care as provided by Subchapter G, Chapter 263, Family Code, to pay
3741	3741	any amount of the fine and costs. In lieu of the payment of fine and
3742	3742	costs, the justice or judge may require the defendant to perform
3743	3743	community service as provided by Article 45A.254, 45A.459, or
3744	3744	45A.460, as appropriate. (Code Crim. Proc., Arts. 45.041(b-2),
3745	3745	(b-3), (b-4), (b-5), (b-6).)
3746	3746	Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR COSTS.
3747	3747	(a) A justice or judge may require a defendant who fails to pay a
3748	3748	previously assessed fine or cost, or who is determined by the court
3749	3749	to have insufficient resources or income to pay a fine or cost, to
3750	3750	discharge all or part of the fine or cost by performing community
3751	3751	service.
3752	3752	(b) An order requiring a defendant to perform community
3753	3753	service under this article must specify:
3754	3754	(1) the number of hours of community service the
3755	3755	defendant is required to perform; and
3756	3756	(2) the date by which the defendant must submit to the
3757	3757	court documentation verifying that the defendant completed the
3758	3758	community service.
3759	3759	(c) The justice or judge may order the defendant to perform
3760	3760	community service under this article:
3761	3761	(1) by attending:
3762	3762	(A) a work and job skills training program;
3763	3763	(B) a preparatory class for the high school
3764	3764	equivalency examination administered under Section 7.111,
3765	3765	Education Code;
3766	3766	(C) an alcohol or drug abuse program;
3767	3767	(D) a rehabilitation program;
3768	3768	(E) a counseling program, including a
3769	3769	self-improvement program;
3770	3770	(F) a mentoring program; or
3771	3771	(G) any similar activity; or
3772	3772	(2) for:
3773	3773	(A) a governmental entity;
3774	3774	(B) a nonprofit organization or another
3775	3775	organization that provides to the general public services that
3776	3776	enhance social welfare and the general well-being of the community,
3777	3777	as determined by the justice or judge; or
3778	3778	(C) an educational institution.
3779	3779	(d) A justice or judge may not order a defendant to perform
3780	3780	more than 16 hours each week of community service under this article
3781	3781	unless the justice or judge determines that requiring the defendant
3782	3782	to perform additional hours does not impose an undue hardship on the
3783	3783	defendant or the defendant's dependents.
3784	3784	(e) A defendant is considered to have discharged not less
3785	3785	than $100 of fines or costs for each eight hours of community
3786	3786	service performed under this article.
3787	3787	(f) A defendant may discharge an obligation to perform
3788	3788	community service under this article by paying at any time the fine
3789	3789	and costs assessed.
3790	3790	(g) A community supervision and corrections department or a
3791	3791	court-related services office may provide the administrative and
3792	3792	other services necessary to supervise a defendant required to
3793	3793	perform community service under this article.
3794	3794	(h) An entity that accepts a defendant to perform community
3795	3795	service under this article must agree to:
3796	3796	(1) supervise, either on-site or remotely, the
3797	3797	defendant in the performance of the defendant's community service;
3798	3798	and
3799	3799	(2) report on the defendant's community service to the
3800	3800	justice or judge who ordered the service.
3801	3801	(i) A sheriff, employee of a sheriff's department, county
3802	3802	commissioner, county employee, county judge, justice of the peace,
3803	3803	municipal court judge, or officer or employee of a political
3804	3804	subdivision other than a county or an entity that accepts a
3805	3805	defendant to perform community service under this article is not
3806	3806	liable for damages arising from an act or failure to act in
3807	3807	connection with the community service if the act or failure to act:
3808	3808	(1) was performed pursuant to court order; and
3809	3809	(2) was not intentional, wilfully or wantonly
3810	3810	negligent, or performed with conscious indifference or reckless
3811	3811	disregard for the safety of others. (Code Crim. Proc., Arts.
3812	3812	45.049(a), (b), (c), (c-1), (d), (e), (f), (i).)
3813	3813	Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES INVOLVING
3814	3814	DEFERRED DISPOSITION. (a) This article applies only to a defendant
3815	3815	who is a resident of this state and who is charged with:
3816	3816	(1) a traffic offense; or
3817	3817	(2) an offense under Section 106.05, Alcoholic
3818	3818	Beverage Code.
3819	3819	(b) If under Article 45A.303(b)(10) the judge requires a
3820	3820	defendant described by Subsection (a) to perform community service
3821	3821	as a condition of the deferral, the defendant is entitled to elect
3822	3822	whether to perform the required service in the county in which:
3823	3823	(1) the court is located; or
3824	3824	(2) the defendant resides, but only if the applicable
3825	3825	entity agrees to:
3826	3826	(A) supervise, either on-site or remotely, the
3827	3827	defendant in the performance of the defendant's community service;
3828	3828	and
3829	3829	(B) report to the court on the defendant's
3830	3830	community service.
3831	3831	(c) If a defendant described by Subsection (a)(2) elects to
3832	3832	perform the required community service in the county in which the
3833	3833	defendant resides under Subsection (b)(2), the community service
3834	3834	must comply with Sections 106.071(d) and (e), Alcoholic Beverage
3835	3835	Code, except that if the educational programs or services described
3836	3836	by Section 106.071(e) are not available in the county of the
3837	3837	defendant's residence, the court may order community service that
3838	3838	the court considers appropriate for rehabilitative purposes. (Code
3839	3839	Crim. Proc., Arts. 45.049(g), (h).)
3840	3840	Art. 45A.256. FORFEITURE OF CASH BOND TO SATISFY FINES AND
3841	3841	COSTS; MOTION FOR NEW TRIAL. (a) A justice or judge may enter a
3842	3842	judgment of conviction and forfeit a cash bond posted by the
3843	3843	defendant to satisfy the defendant's fine and costs if the
3844	3844	defendant:
3845	3845	(1) has entered a written and signed plea of nolo
3846	3846	contendere and a waiver of jury trial; and
3847	3847	(2) fails to appear according to the conditions of the
3848	3848	defendant's release.
3849	3849	(b) A justice or judge who enters a judgment of conviction
3850	3850	and forfeiture of bond under Subsection (a) shall immediately
3851	3851	notify the defendant in writing, by regular mail addressed to the
3852	3852	defendant at the defendant's last known address, that:
3853	3853	(1) a judgment of conviction and forfeiture of bond
3854	3854	was entered against the defendant on a specified date and the
3855	3855	forfeiture satisfies the defendant's fine and costs in the case;
3856	3856	and
3857	3857	(2) the defendant has a right to a new trial in the
3858	3858	case if the defendant applies for the new trial not later than the
3859	3859	10th day after the date of judgment and forfeiture.
3860	3860	(c) Notwithstanding Article 45A.201, the defendant may file
3861	3861	a motion for a new trial within the period provided by Subsection
3862	3862	(b), and the court shall grant the motion if the motion is made
3863	3863	within that period. On the new trial, the court shall permit the
3864	3864	defendant to withdraw the previously entered plea of nolo
3865	3865	contendere and waiver of jury trial. (Code Crim. Proc., Art.
3866	3866	45.044.)
3867	3867	Art. 45A.257. WAIVER OF PAYMENT OF FINES AND COSTS. (a) A
3868	3868	municipal court, regardless of whether the court is a court of
3869	3869	record, or a justice court may waive payment of all or part of a fine
3870	3870	imposed on a defendant if the court determines that:
3871	3871	(1) the defendant:
3872	3872	(A) is indigent or does not have sufficient
3873	3873	resources or income to pay all or part of the fine; or
3874	3874	(B) was, at the time the offense was committed, a
3875	3875	child as defined by Article 45A.453(a); and
3876	3876	(2) discharging the fine under Article 45A.254 or as
3877	3877	otherwise authorized by this chapter would impose an undue hardship
3878	3878	on the defendant.
3879	3879	(b) A municipal court, regardless of whether the court is a
3880	3880	court of record, or a justice court may waive payment of all or part
3881	3881	of the costs imposed on a defendant if the court determines that the
3882	3882	defendant:
3883	3883	(1) is indigent or does not have sufficient resources
3884	3884	or income to pay all or part of the costs; or
3885	3885	(2) was, at the time the offense was committed, a child
3886	3886	as defined by Article 45A.453(a).
3887	3887	(c) A defendant is presumed to be indigent or to not have
3888	3888	sufficient resources or income to pay all or part of the fines or
3889	3889	costs for purposes of Subsection (a) or (b) if the defendant:
3890	3890	(1) is in the conservatorship of the Department of
3891	3891	Family and Protective Services, or was in the conservatorship of
3892	3892	that department at the time of the offense; or
3893	3893	(2) is designated, or was designated at the time of the
3894	3894	offense, as a homeless child or youth or an unaccompanied youth, as
3895	3895	those terms are defined by 42 U.S.C. Section 11434a.
3896	3896	(d) A determination of undue hardship made under Subsection
3897	3897	(a)(2) is in the court's discretion. In making that determination,
3898	3898	the court may consider, as applicable, the defendant's:
3899	3899	(1) significant physical or mental impairment or
3900	3900	disability;
3901	3901	(2) pregnancy and childbirth;
3902	3902	(3) substantial family commitments or
3903	3903	responsibilities, including child or dependent care;
3904	3904	(4) work responsibilities and hours;
3905	3905	(5) transportation limitations;
3906	3906	(6) homelessness or housing insecurity; and
3907	3907	(7) any other factor the court determines relevant.
3908	3908	(Code Crim. Proc., Art. 45.0491.)
3909	3909	Art. 45A.258. RECONSIDERATION OF SATISFACTION OF FINES OR
3910	3910	COSTS. (a) If the defendant notifies the justice or judge that the
3911	3911	defendant has difficulty paying the fine and costs in compliance
3912	3912	with the judgment, the justice or judge shall hold a hearing to
3913	3913	determine whether the judgment imposes an undue hardship on the
3914	3914	defendant.
3915	3915	(b) For purposes of Subsection (a), a defendant may notify
3916	3916	the justice or judge by:
3917	3917	(1) voluntarily appearing and informing the justice or
3918	3918	judge or the clerk of the court in the manner established by the
3919	3919	justice or judge for that purpose;
3920	3920	(2) filing a motion with the justice or judge;
3921	3921	(3) mailing a letter to the justice or judge; or
3922	3922	(4) any other method established by the justice or
3923	3923	judge for that purpose.
3924	3924	(c) If the justice or judge determines at a hearing under
3925	3925	Subsection (a) that the judgment imposes an undue hardship on the
3926	3926	defendant, the justice or judge shall consider whether to allow the
3927	3927	defendant to satisfy the fine and costs through one or more methods
3928	3928	listed under Article 45A.252.
3929	3929	(d) The justice or judge may decline to hold a hearing under
3930	3930	Subsection (a) if the justice or judge:
3931	3931	(1) previously held a hearing under that subsection
3932	3932	with respect to the case and is able to determine without holding a
3933	3933	hearing that the judgment does not impose an undue hardship on the
3934	3934	defendant; or
3935	3935	(2) is able to determine without holding a hearing
3936	3936	that:
3937	3937	(A) the judgment imposes an undue hardship on the
3938	3938	defendant; and
3939	3939	(B) the fine and costs should be satisfied
3940	3940	through one or more methods listed under Article 45A.252.
3941	3941	(e) The justice or judge retains jurisdiction for the
3942	3942	purpose of making a determination under this article. (Code Crim.
3943	3943	Proc., Art. 45.0445.)
3944	3944	Art. 45A.259. CAPIAS PRO FINE. (a) If the defendant is not
3945	3945	in custody when the judgment is imposed or if the defendant fails to
3946	3946	satisfy the judgment according to the terms of the judgment, the
3947	3947	court may order a capias pro fine, as defined by Article 43.015,
3948	3948	issued for the defendant's arrest.
3949	3949	(b) The capias pro fine ordered under Subsection (a) must:
3950	3950	(1) state the amount of the judgment and sentence; and
3951	3951	(2) command the appropriate peace officer to:
3952	3952	(A) bring the defendant before the court
3953	3953	immediately; or
3954	3954	(B) place the defendant in jail until the first
3955	3955	business day following the date of the defendant's arrest if the
3956	3956	defendant cannot be brought before the court immediately.
3957	3957	(c) If the court that issued the capias pro fine is
3958	3958	unavailable, the arresting officer may, in lieu of placing the
3959	3959	defendant in jail, take the defendant to:
3960	3960	(1) a justice court or county criminal law magistrate
3961	3961	court with jurisdiction over Class C misdemeanors that is located
3962	3962	in the same county, if the court that issued the capias pro fine was
3963	3963	a justice court; or
3964	3964	(2) a municipal court that is located in the same
3965	3965	municipality, if the court that issued the capias pro fine was a
3966	3966	municipal court.
3967	3967	(d) The court may not issue a capias pro fine for the
3968	3968	defendant's failure to satisfy the judgment according to the terms
3969	3969	of the judgment unless the court holds a hearing to determine
3970	3970	whether the judgment imposes an undue hardship on the defendant and
3971	3971	the defendant fails to:
3972	3972	(1) appear at the hearing; or
3973	3973	(2) comply with an order issued under Subsection (f)
3974	3974	as a result of the hearing.
3975	3975	(e) If the justice or judge determines at the hearing under
3976	3976	Subsection (d) that the judgment imposes an undue hardship on the
3977	3977	defendant, the justice or judge shall determine whether the fine
3978	3978	and costs should be satisfied through one or more methods listed
3979	3979	under Article 45A.252. The justice or judge retains jurisdiction
3980	3980	for the purpose of making a determination under this subsection.
3981	3981	(f) If the justice or judge determines at the hearing under
3982	3982	Subsection (d) that the judgment does not impose an undue hardship
3983	3983	on the defendant, the justice or judge shall order the defendant to
3984	3984	comply with the judgment not later than the 30th day after the date
3985	3985	that determination is made.
3986	3986	(g) The court shall recall a capias pro fine if, before the
3987	3987	capias pro fine is executed, the defendant:
3988	3988	(1) provides notice to the justice or judge under
3989	3989	Article 45A.258 and a hearing is set under that article; or
3990	3990	(2) voluntarily appears and makes a good faith effort
3991	3991	to resolve the capias pro fine.
3992	3992	(h) A capias pro fine may not be issued for a person
3993	3993	convicted for an offense committed before the person's 17th
3994	3994	birthday unless:
3995	3995	(1) the person is 17 years of age or older;
3996	3996	(2) the court finds that the issuance of the capias pro
3997	3997	fine is justified after considering:
3998	3998	(A) the sophistication and maturity of the
3999	3999	person;
4000	4000	(B) the criminal record and history of the
4001	4001	person; and
4002	4002	(C) the reasonable likelihood of bringing about
4003	4003	the discharge of the judgment through the use of procedures and
4004	4004	services currently available to the court; and
4005	4005	(3) the court has proceeded under Article 45A.461 to
4006	4006	compel the person to discharge the judgment.
4007	4007	(i) This article does not limit the authority of a court to
4008	4008	order a child taken into custody under Article 45A.453 or 45A.455.
4009	4009	(Code Crim. Proc., Arts. 45.045(a), (a-1) as added Acts 84th Leg.,
4010	4010	R.S., Ch. 1171, (a-2), (a-3), (a-4), (a-5), (b), (c).)
4011	4011	Art. 45A.260. APPEARANCE BY TELEPHONE OR VIDEOCONFERENCE.
4012	4012	If the justice or judge determines that requiring a defendant to
4013	4013	appear before the justice or judge in person for a hearing under
4014	4014	Article 45A.258 or 45A.259 would impose an undue hardship on the
4015	4015	defendant, the justice or judge may allow the defendant to appear by
4016	4016	telephone or videoconference. (Code Crim. Proc., Art. 45.0201.)
4017	4017	Art. 45A.261. COMMITMENT. (a) If a judgment and sentence
4018	4018	have been entered against a defendant and the defendant defaults in
4019	4019	the discharge of the judgment, the judge may order the defendant
4020	4020	confined in jail until discharged by law if the judge at a hearing
4021	4021	makes a written determination that:
4022	4022	(1) the defendant is not indigent and has failed to
4023	4023	make a good faith effort to discharge the fines or costs; or
4024	4024	(2) the defendant is indigent and:
4025	4025	(A) has failed to make a good faith effort to
4026	4026	discharge the fines or costs under Article 45A.254; and
4027	4027	(B) could have discharged the fines or costs
4028	4028	under Article 45A.254 without experiencing any undue hardship.
4029	4029	(b) A certified copy of the judgment, sentence, and order is
4030	4030	sufficient to authorize confinement under Subsection (a).
4031	4031	(c) For purposes of a hearing described by Subsection (a), a
4032	4032	defendant may be brought before the court in person or by means of
4033	4033	an electronic broadcast system through which an image of the
4034	4034	defendant is presented to the court. For purposes of this
4035	4035	subsection, "electronic broadcast system" means a two-way
4036	4036	electronic communication of image and sound between the defendant
4037	4037	and the court and includes secure Internet videoconferencing.
4038	4038	(d) For purposes of a hearing described by Subsection (a),
4039	4039	if the court that issued the capias pro fine is unavailable, the
4040	4040	following may conduct the hearing:
4041	4041	(1) a justice court or county criminal law magistrate
4042	4042	court with jurisdiction over Class C misdemeanors that is located
4043	4043	in the same county as the issuing court, if the issuing court was a
4044	4044	justice court; or
4045	4045	(2) a municipal court that is located in the same
4046	4046	municipality as the issuing court, if the issuing court was a
4047	4047	municipal court. (Code Crim. Proc., Arts. 45.046(a), (b), (c), (d)
4048	4048	as added Acts 84th Leg., R.S., Ch. 1171.)
4049	4049	Art. 45A.262. DISCHARGED FROM JAIL. (a) A defendant placed
4050	4050	in jail due to failure to pay the fine and costs shall be discharged
4051	4051	on habeas corpus by showing that the defendant:
4052	4052	(1) is indigent and cannot pay the fine and costs; or
4053	4053	(2) has remained in jail for a cumulative period that
4054	4054	is sufficient to satisfy the fine and costs, at the rate of not less
4055	4055	than $150 for each separate period served, as specified by the
4056	4056	convicting court in the judgment in the case.
4057	4057	(b) A convicting court may specify a period that is not less
4058	4058	than eight hours or more than 24 hours as the period for which a
4059	4059	defendant who fails to pay the fine and costs in the case must
4060	4060	remain in jail to satisfy $150 of the fine and costs. (Code Crim.
4061	4061	Proc., Art. 45.048.)
4062	4062	Art. 45A.263. CIVIL COLLECTION OF FINES AND COSTS AFTER
4063	4063	JUDGMENT. If, after a judgment and sentence is entered, the
4064	4064	defendant defaults in payment of a fine, the justice or judge may
4065	4065	order the fine and costs collected by execution against the
4066	4066	defendant's property in the same manner as a judgment in a civil
4067	4067	suit. (Code Crim. Proc., Art. 45.047.)
4068	4068	Art. 45A.264. COLLECTION OF FINES AND COSTS BY
4069	4069	MUNICIPALITY. (a) The governing body of each municipality shall by
4070	4070	ordinance prescribe rules as proper to enforce the collection of
4071	4071	fines imposed by a municipal court.
4072	4072	(b) In addition to any other method of enforcement, the
4073	4073	municipality may enforce the collection of fines by:
4074	4074	(1) execution against the property of the defendant;
4075	4075	or
4076	4076	(2) confinement of the defendant.
4077	4077	(c) The governing body of a municipality may adopt rules
4078	4078	concerning the practice and procedure in the municipal court that
4079	4079	the governing body considers proper.
4080	4080	(d) After notice, the governing body of a municipality may
4081	4081	by ordinance prescribe the collection of a fine not to exceed $25
4082	4082	for an offense under Section 38.10(e), Penal Code, or Section
4083	4083	543.009, Transportation Code. Money collected from the fine shall
4084	4084	be paid into the municipal treasury for the use and benefit of the
4085	4085	municipality.
4086	4086	(e) Costs may not be imposed or collected in criminal cases
4087	4087	in municipal court by municipal ordinance. (Code Crim. Proc., Art.
4088	4088	45.203.)
4089	4089	SUBCHAPTER G. DEFERRED DISPOSITION
4090	4090	Art. 45A.301. APPLICABILITY. This subchapter does not
4091	4091	apply to:
4092	4092	(1) an offense to which Section 542.404,
4093	4093	Transportation Code, applies; or
4094	4094	(2) a violation of a state law or local ordinance
4095	4095	relating to motor vehicle control, other than a parking violation,
4096	4096	committed by a person who:
4097	4097	(A) holds a commercial driver's license; or
4098	4098	(B) held a commercial driver's license when the
4099	4099	offense was committed. (Code Crim. Proc., Art. 45.051(f).)
4100	4100	Art. 45A.302. DEFERRED DISPOSITION. (a) On a plea of
4101	4101	guilty or nolo contendere by a defendant or on a finding of guilt in
4102	4102	a misdemeanor case punishable by fine only and payment of all court
4103	4103	costs, a judge may defer further proceedings for a period not to
4104	4104	exceed 180 days without entering an adjudication of guilt.
4105	4105	(b) In issuing the order of deferral, the judge may impose a
4106	4106	fine on the defendant in an amount not to exceed the amount of the
4107	4107	fine that could be imposed on the defendant as punishment for the
4108	4108	offense.
4109	4109	(c) The fine described by Subsection (b) may be collected at
4110	4110	any time before the date on which the period of deferral ends. A
4111	4111	judge who orders the collection of the fine must require that the
4112	4112	amount of the fine be credited toward the payment of the amount of
4113	4113	any fine imposed by the judge as punishment for the offense.
4114	4114	(d) The judge may elect not to impose the fine for good cause
4115	4115	shown by the defendant.
4116	4116	(e) An order of deferral under this article terminates any
4117	4117	liability under a bond given for the charge. (Code Crim. Proc.,
4118	4118	Art. 45.051(a).)
4119	4119	Art. 45A.303. DEFERRED DISPOSITION REQUIREMENTS. (a)
4120	4120	Notwithstanding any other law, as an alternative to requiring a
4121	4121	defendant charged with one or more offenses to pay all fines and
4122	4122	court costs as required by Article 45A.302, the judge may:
4123	4123	(1) allow the defendant to enter into an agreement to
4124	4124	pay those fines and costs in installments during the defendant's
4125	4125	period of deferral;
4126	4126	(2) require an eligible defendant to discharge all or
4127	4127	part of those fines and costs by performing community service or
4128	4128	attending a tutoring program under Article 45A.254 or 45A.460;
4129	4129	(3) waive all or part of those fines and costs under
4130	4130	Article 45A.257; or
4131	4131	(4) take any combination of actions authorized by
4132	4132	Subdivision (1), (2), or (3).
4133	4133	(b) During the deferral period, the judge may require the
4134	4134	defendant to:
4135	4135	(1) secure payment of the fine by posting a bond in
4136	4136	the amount of the fine assessed as punishment for the offense;
4137	4137	(2) pay restitution to the victim of the offense in an
4138	4138	amount not to exceed the amount of the fine assessed as punishment
4139	4139	for the offense;
4140	4140	(3) submit to professional counseling;
4141	4141	(4) submit to diagnostic testing for alcohol or a
4142	4142	controlled substance or drug;
4143	4143	(5) submit to a psychosocial assessment;
4144	4144	(6) successfully complete an alcohol or drug abuse
4145	4145	treatment or education program, such as:
4146	4146	(A) a drug education program that is designed to
4147	4147	educate persons on the dangers of drug abuse in accordance with
4148	4148	Section 521.374(a)(1), Transportation Code, and that is regulated
4149	4149	by the Texas Department of Licensing and Regulation under Chapter
4150	4150	171, Government Code; or
4151	4151	(B) an alcohol awareness program described by
4152	4152	Section 106.115, Alcoholic Beverage Code, that is regulated by the
4153	4153	Texas Department of Licensing and Regulation under Chapter 171,
4154	4154	Government Code;
4155	4155	(7) pay the costs of any diagnostic testing,
4156	4156	psychosocial assessment, or treatment or education program
4157	4157	participation as reimbursement fees:
4158	4158	(A) directly; or
4159	4159	(B) through the court as court costs;
4160	4160	(8) complete a driving safety course approved under
4161	4161	Chapter 1001, Education Code, or another course as directed by the
4162	4162	judge;
4163	4163	(9) present to the court satisfactory evidence that
4164	4164	the defendant has complied with each requirement imposed by the
4165	4165	judge under this subchapter; and
4166	4166	(10) comply with any other reasonable condition.
4167	4167	(c) A judge who requires a defendant to successfully
4168	4168	complete an alcohol awareness program or drug education program as
4169	4169	described by Subsection (b)(6) shall require the defendant to pay a
4170	4170	reimbursement fee for the cost of the program, unless the judge
4171	4171	determines that the defendant is indigent and unable to pay the
4172	4172	cost.
4173	4173	(d) The judge may allow the defendant to pay the fee
4174	4174	described by Subsection (c) in installments during the deferral
4175	4175	period. (Code Crim. Proc., Arts. 45.051(a-1), (b), (g).)
4176	4176	Art. 45A.304. DEFERRED DISPOSITION REQUIREMENTS: MOVING
4177	4177	VIOLATION COMMITTED BY YOUNG DEFENDANT. (a) This article applies
4178	4178	to a defendant who:
4179	4179	(1) is younger than 25 years of age; and
4180	4180	(2) committed a traffic offense classified as a moving
4181	4181	violation.
4182	4182	(b) Notwithstanding Article 45A.303(b)(8), during a
4183	4183	deferral period ordered under this subchapter, the judge shall
4184	4184	require that a defendant described by Subsection (a):
4185	4185	(1) complete a driving safety course approved under
4186	4186	Chapter 1001, Education Code; and
4187	4187	(2) if the defendant holds a provisional license, be
4188	4188	examined by the Department of Public Safety as required by Section
4189	4189	521.161(b)(2), Transportation Code.
4190	4190	(c) A defendant remains subject to the examination required
4191	4191	by Subsection (b)(2) regardless of whether the defendant was
4192	4192	examined previously.
4193	4193	(d) A defendant examined as required by Subsection (b)(2)
4194	4194	must pay a $10 reimbursement fee for the examination.
4195	4195	(e) The reimbursement fee collected under Subsection (d)
4196	4196	must be deposited to the credit of a special account in the general
4197	4197	revenue fund and may be used only by the Department of Public Safety
4198	4198	for the administration of Chapter 521, Transportation Code. (Code
4199	4199	Crim. Proc., Arts. 45.051(b-1), (b-2), (b-3).)
4200	4200	Art. 45A.305. DISMISSAL OF COMPLAINT ON COMPLIANCE WITH
4201	4201	JUDICIAL REQUIREMENTS. (a) On determining that the defendant has
4202	4202	complied with the requirements imposed by the judge under this
4203	4203	subchapter, the judge shall dismiss the complaint.
4204	4204	(b) If a complaint is dismissed under Subsection (a), there
4205	4205	is not a final conviction and the complaint may not be used against
4206	4206	the person for any purpose.
4207	4207	(c) The docket must clearly note that the judge dismissed
4208	4208	the complaint and that there is not a final conviction.
4209	4209	(d) Records relating to a complaint dismissed as provided by
4210	4210	Subsection (a) may be expunged under Subchapter A, B, or C, Chapter
4211	4211	55A. (Code Crim. Proc., Arts. 45.051(c), (e).)
4212	4212	Art. 45A.306. SHOW CAUSE HEARING ON FAILURE TO COMPLY WITH
4213	4213	JUDICIAL REQUIREMENTS. If the defendant fails to present within
4214	4214	the deferral period satisfactory evidence of compliance with the
4215	4215	requirements imposed by the judge under this subchapter, the court
4216	4216	shall:
4217	4217	(1) notify the defendant in writing, mailed to the
4218	4218	address on file with the court or appearing on the notice to appear,
4219	4219	of that failure; and
4220	4220	(2) require the defendant to appear at the time and
4221	4221	place stated in the notice to show cause why the order of deferral
4222	4222	should not be revoked. (Code Crim. Proc., Art. 45.051(c-1).)
4223	4223	Art. 45A.307. JUDICIAL ACTIONS ON SHOW CAUSE HEARING. (a)
4224	4224	On the defendant's showing of good cause for failure to present
4225	4225	satisfactory evidence of compliance with the requirements imposed
4226	4226	by the judge under this subchapter, the court may allow an
4227	4227	additional period during which the defendant may present evidence
4228	4228	of the defendant's compliance with the requirements.
4229	4229	(b) Except as provided by Subsection (c), if on the date of a
4230	4230	show cause hearing under Article 45A.306 or, if applicable, by the
4231	4231	conclusion of an additional period provided under Subsection (a),
4232	4232	the defendant does not present satisfactory evidence that the
4233	4233	defendant complied with the requirements imposed by the judge under
4234	4234	this subchapter, the judge may impose the fine assessed or a lesser
4235	4235	fine. The imposition of the fine or lesser fine constitutes a final
4236	4236	conviction of the defendant.
4237	4237	(c) If the defendant was required to complete a driving
4238	4238	safety course or an examination under Article 45A.304(b) and on the
4239	4239	date of a show cause hearing under Article 45A.306 or, if
4240	4240	applicable, by the conclusion of an additional period provided
4241	4241	under Subsection (a), the defendant does not present satisfactory
4242	4242	evidence that the defendant completed that course or examination,
4243	4243	the judge shall impose the fine assessed. The imposition of the
4244	4244	fine constitutes a final conviction of the defendant. (Code Crim.
4245	4245	Proc., Arts. 45.051(c-2), (d) (part), (d-1).)
4246	4246	SUBCHAPTER H. DRIVING SAFETY OR MOTORCYCLE OPERATOR COURSE
4247	4247	DISMISSAL
4248	4248	Art. 45A.351. APPLICABILITY. (a) Except as provided by
4249	4249	Subsections (b) and (c), this subchapter applies only to an alleged
4250	4250	offense that:
4251	4251	(1) is within the jurisdiction of a justice or
4252	4252	municipal court;
4253	4253	(2) involves the operation of a motor vehicle; and
4254	4254	(3) is defined by:
4255	4255	(A) Section 472.022, Transportation Code;
4256	4256	(B) Subtitle C, Title 7, Transportation Code; or
4257	4257	(C) Section 729.001(a)(3), Transportation Code.
4258	4258	(b) If the defendant is younger than 25 years of age, this
4259	4259	subchapter applies to any alleged offense that:
4260	4260	(1) is within the jurisdiction of a justice or
4261	4261	municipal court;
4262	4262	(2) involves the operation of a motor vehicle; and
4263	4263	(3) is classified as a moving violation.
4264	4264	(c) This subchapter does not apply to an offense committed
4265	4265	by a person who:
4266	4266	(1) holds a commercial driver's license; or
4267	4267	(2) held a commercial driver's license when the
4268	4268	offense was committed. (Code Crim. Proc., Arts. 45.0511(a), (a-1),
4269	4269	(s); New.)
4270	4270	Art. 45A.352. DRIVING SAFETY OR MOTORCYCLE OPERATOR
4271	4271	TRAINING COURSE COMPLETION. (a) The judge shall require a
4272	4272	defendant to successfully complete a driving safety course approved
4273	4273	by the Texas Department of Licensing and Regulation or a course
4274	4274	under the motorcycle operator training and safety program approved
4275	4275	by the designated state agency under Chapter 662, Transportation
4276	4276	Code, if:
4277	4277	(1) the defendant elects driving safety course or
4278	4278	motorcycle operator training course dismissal under this
4279	4279	subchapter;
4280	4280	(2) the defendant:
4281	4281	(A) has a Texas driver's license or permit; or
4282	4282	(B) is a member, or the spouse or dependent child
4283	4283	of a member, of the United States military forces serving on active
4284	4284	duty;
4285	4285	(3) either:
4286	4286	(A) the defendant has not completed an approved
4287	4287	driving safety course or motorcycle operator training course, as
4288	4288	appropriate, within the 12-month period preceding the date of the
4289	4289	offense; or
4290	4290	(B) the defendant:
4291	4291	(i) does not have a Texas driver's license
4292	4292	or permit;
4293	4293	(ii) is a member, or the spouse or dependent
4294	4294	child of a member, of the United States military forces serving on
4295	4295	active duty; and
4296	4296	(iii) has not completed a driving safety
4297	4297	course or motorcycle operator training course, as appropriate, in
4298	4298	another state within the 12-month period preceding the date of the
4299	4299	offense;
4300	4300	(4) on or before the answer date on the notice to
4301	4301	appear, the defendant enters, under Article 45A.151(a), a plea of
4302	4302	nolo contendere or guilty in person or in writing and:
4303	4303	(A) presents in person or by counsel to the court
4304	4304	a request to take a course; or
4305	4305	(B) sends to the court by certified mail, return
4306	4306	receipt requested, postmarked on or before the answer date on the
4307	4307	notice to appear, a written request to take a course;
4308	4308	(5) the defendant is charged with an offense to which
4309	4309	this subchapter applies, other than speeding at a speed of:
4310	4310	(A) 95 miles per hour or more; or
4311	4311	(B) 25 miles per hour or more over the posted
4312	4312	speed limit; and
4313	4313	(6) the defendant provides evidence of financial
4314	4314	responsibility as required by Chapter 601, Transportation Code.
4315	4315	(b) The court may dismiss only one charge for each
4316	4316	completion of a course described by Subsection (a).
4317	4317	(c) Notwithstanding Subsections (a)(3) and (4), before the
4318	4318	final disposition of the case, the court may grant a request to take
4319	4319	a driving safety course or a motorcycle operator training course
4320	4320	under this subchapter.
4321	4321	(d) A request to take a driving safety course or motorcycle
4322	4322	operator training course made at or before the time and at the place
4323	4323	at which a defendant is required to appear in court is an appearance
4324	4324	in compliance with the defendant's promise to appear. (Code Crim.
4325	4325	Proc., Arts. 45.0511(b), (d), (e), (m).)
4326	4326	Art. 45A.353. CERTAIN DEFENDANTS ENTITLED TO COMPLETE
4327	4327	DRIVING SAFETY OR MOTORCYCLE OPERATOR TRAINING COURSE. The court
4328	4328	shall advise a defendant charged with a misdemeanor under Section
4329	4329	472.022, Transportation Code, Subtitle C, Title 7, Transportation
4330	4330	Code, or Section 729.001(a)(3), Transportation Code, committed
4331	4331	while operating a motor vehicle of the defendant's right under this
4332	4332	subchapter to successfully complete a driving safety course or, if
4333	4333	the offense was committed while operating a motorcycle, a
4334	4334	motorcycle operator training course. The right to complete a
4335	4335	course does not apply to a defendant charged with:
4336	4336	(1) a violation of Section 545.066, 550.022, or
4337	4337	550.023, Transportation Code;
4338	4338	(2) a serious traffic violation; or
4339	4339	(3) an offense to which Section 542.404,
4340	4340	Transportation Code, applies. (Code Crim. Proc., Art. 45.0511(p).)
4341	4341	Art. 45A.354. CONTENT OF NOTICE TO APPEAR. (a) A notice to
4342	4342	appear issued for an offense to which this subchapter applies must
4343	4343	inform a defendant charged with an offense under Section 472.022,
4344	4344	Transportation Code, an offense under Subtitle C, Title 7,
4345	4345	Transportation Code, or an offense under Section 729.001(a)(3),
4346	4346	Transportation Code, committed while operating a motor vehicle of
4347	4347	the defendant's right to complete a driving safety course or, if the
4348	4348	offense was committed while operating a motorcycle, of the
4349	4349	defendant's right to complete a motorcycle operator training
4350	4350	course. The notice required by this subsection must read
4351	4351	substantially as follows:
4352	4352	"You may be able to require that this charge be dismissed by
4353	4353	successfully completing a driving safety course or a motorcycle
4354	4354	operator training course. You will lose that right if, on or before
4355	4355	your appearance date, you do not provide the court with notice of
4356	4356	your request to take the course."
4357	4357	(b) If the notice required by Subsection (a) is not provided
4358	4358	to the defendant charged with the offense, the defendant may
4359	4359	continue to exercise the defendant's right to take a driving safety
4360	4360	course or a motorcycle operator training course until the notice
4361	4361	required by Subsection (a) is provided to the defendant or there is
4362	4362	a final disposition of the case. (Code Crim. Proc., Arts.
4363	4363	45.0511(q), (r).)
4364	4364	Art. 45A.355. EXTENSION FOR GOOD CAUSE. On a defendant's
4365	4365	showing of good cause for failure to provide evidence to the court,
4366	4366	the court may allow an additional period during which the defendant
4367	4367	may present:
4368	4368	(1) a uniform certificate of course completion as
4369	4369	evidence that the defendant successfully completed the driving
4370	4370	safety course; or
4371	4371	(2) a verification of course completion as evidence
4372	4372	that the defendant successfully completed the motorcycle operator
4373	4373	training course. (Code Crim. Proc., Art. 45.0511(k).)
4374	4374	Art. 45A.356. JUDICIAL ACTIONS FOLLOWING PLEA; SHOW CAUSE
4375	4375	HEARING. (a) The court shall enter judgment on a defendant's plea
4376	4376	of nolo contendere or guilty at the time the plea is made, defer
4377	4377	imposition of the judgment, and allow the defendant a 90-day period
4378	4378	to successfully complete the approved driving safety course or
4379	4379	motorcycle operator training course and present to the court:
4380	4380	(1) a uniform certificate of completion of the driving
4381	4381	safety course or a verification of completion of the motorcycle
4382	4382	operator training course;
4383	4383	(2) unless the judge proceeds under Article 45A.359,
4384	4384	the defendant's driving record as maintained by the Department of
4385	4385	Public Safety, if any, showing that the defendant has not completed
4386	4386	an approved driving safety course or motorcycle operator training
4387	4387	course, as applicable, within the 12-month period preceding the
4388	4388	date of the offense;
4389	4389	(3) an affidavit stating that the defendant:
4390	4390	(A) was not taking a driving safety course or
4391	4391	motorcycle operator training course, as applicable, under this
4392	4392	subchapter on the date the request to take the course was made; and
4393	4393	(B) has not completed, within the 12-month period
4394	4394	preceding the date of the offense, a course described by Paragraph
4395	4395	(A) that is not shown on the defendant's driving record; and
4396	4396	(4) if the defendant does not have a Texas driver's
4397	4397	license or permit and is a member, or the spouse or dependent child
4398	4398	of a member, of the United States military forces serving on active
4399	4399	duty, an affidavit stating that the defendant:
4400	4400	(A) was not taking a driving safety course or
4401	4401	motorcycle operator training course, as applicable, in another
4402	4402	state on the date the request to take the course was made; and
4403	4403	(B) has not completed a course described by
4404	4404	Paragraph (A) within the 12-month period preceding the date of the
4405	4405	offense.
4406	4406	(b) If the judge proceeds under Article 45A.359 and the copy
4407	4407	of the defendant's driving record provided to the judge under
4408	4408	Subsection (c) of that article shows that the defendant has not
4409	4409	completed an approved driving safety course or motorcycle operator
4410	4410	training course, as applicable, within the 12-month period
4411	4411	preceding the date of the offense, the judge shall allow the
4412	4412	defendant to complete the appropriate course as provided by this
4413	4413	article.
4414	4414	(c) If a defendant satisfies the requirements of Subsection
4415	4415	(a), the court shall:
4416	4416	(1) remove the judgment and dismiss the charge;
4417	4417	(2) report the fact that the defendant successfully
4418	4418	completed a driving safety course or a motorcycle operator training
4419	4419	course and the date of completion to the Department of Public Safety
4420	4420	for inclusion in the defendant's driving record; and
4421	4421	(3) state in the report under Subdivision (2) whether
4422	4422	the course was taken under this subchapter to provide information
4423	4423	necessary to determine eligibility to take a subsequent course
4424	4424	under Article 45A.352(a).
4425	4425	(d) An order of deferral under Subsection (a) terminates any
4426	4426	liability under a bond given for the charge.
4427	4427	(e) If a defendant requesting a course under this subchapter
4428	4428	fails to satisfy the requirements of Subsection (a), the court
4429	4429	shall:
4430	4430	(1) notify the defendant in writing, mailed to the
4431	4431	address on file with the court or appearing on the notice to appear,
4432	4432	of that failure; and
4433	4433	(2) require the defendant to appear at the time and
4434	4434	place stated in the notice to show cause why the evidence was not
4435	4435	timely submitted to the court.
4436	4436	(f) If the defendant fails to appear at the time and place
4437	4437	stated in the notice under Subsection (e), or appears at the time
4438	4438	and place stated in the notice but does not show good cause for the
4439	4439	defendant's failure to satisfy the requirements of Subsection (a),
4440	4440	the court shall enter an adjudication of guilt and impose sentence.
4441	4441	(Code Crim. Proc., Arts. 45.0511(c), (c-1) (part), (i), (j), (l),
4442	4442	(t).)
4443	4443	Art. 45A.357. EFFECT OF DISMISSAL OR COURSE COMPLETION.
4444	4444	(a) A charge that is dismissed under this subchapter may not be
4445	4445	part of a person's driving record or used for any purpose.
4446	4446	(b) An insurer delivering or issuing for delivery a motor
4447	4447	vehicle insurance policy in this state may not cancel or increase
4448	4448	the premium charged an insured under the policy because the
4449	4449	insured:
4450	4450	(1) completed a driving safety course or a motorcycle
4451	4451	operator training course; or
4452	4452	(2) had a charge dismissed under this subchapter.
4453	4453	(Code Crim. Proc., Arts. 45.0511(n), (o).)
4454	4454	Art. 45A.358. ADDITIONAL FINES AND FEES RELATING TO COURSE
4455	4455	REQUEST. (a) In addition to court costs and fees authorized or
4456	4456	imposed by a law of this state and applicable to the offense, the
4457	4457	court may:
4458	4458	(1) require a defendant requesting a driving safety
4459	4459	course or motorcycle operator training course under Article
4460	4460	45A.352(a) to pay a reimbursement fee in an amount of not more than
4461	4461	$10 to cover the cost of administering this subchapter; or
4462	4462	(2) require a defendant requesting a driving safety
4463	4463	course or motorcycle operator training course under Article
4464	4464	45A.352(c) to pay a fine set by the court in an amount not to exceed
4465	4465	the maximum amount of the fine for the offense committed by the
4466	4466	defendant.
4467	4467	(b) A defendant who requests but does not take a driving
4468	4468	safety course or motorcycle operator training course is not
4469	4469	entitled to a refund of the reimbursement fee or fine assessed under
4470	4470	Subsection (a).
4471	4471	(c) Money collected by a municipal court shall be deposited
4472	4472	in the municipal treasury. Money collected by another court shall
4473	4473	be deposited in the county treasury of the county in which the court
4474	4474	is located. (Code Crim. Proc., Arts. 45.0511(f), (g), (h).)
4475	4475	Art. 45A.359. DRIVING RECORD RETRIEVAL AND RELATED FEE.
4476	4476	(a) In this article, "state electronic Internet portal" has the
4477	4477	meaning assigned by Section 2054.003, Government Code.
4478	4478	(b) As an alternative to receiving the defendant's driving
4479	4479	record under Article 45A.356(a)(2), the judge, at the time the
4480	4480	defendant requests a driving safety course or motorcycle operator
4481	4481	training course dismissal under this subchapter, may:
4482	4482	(1) require the defendant to pay a reimbursement fee
4483	4483	in an amount equal to the sum of the amount of:
4484	4484	(A) the fee established by Section 521.048,
4485	4485	Transportation Code; and
4486	4486	(B) the state electronic Internet portal fee; and
4487	4487	(2) use the state electronic Internet portal to
4488	4488	request that the Department of Public Safety provide the judge with
4489	4489	a copy of the defendant's driving record showing the information
4490	4490	described by Section 521.047(b), Transportation Code.
4491	4491	(c) As soon as practicable, the Department of Public Safety
4492	4492	shall use the state electronic Internet portal to provide the judge
4493	4493	with the requested copy of the defendant's driving record.
4494	4494	(d) The reimbursement fee authorized by Subsection (b) is in
4495	4495	addition to any other fee required under this subchapter.
4496	4496	(e) The custodian of a municipal or county treasury who
4497	4497	receives reimbursement fees collected under this article shall keep
4498	4498	a record of the fees and, without deduction or proration, forward
4499	4499	the fees to the comptroller with and in the manner required for
4500	4500	other fees and costs received in connection with criminal cases.
4501	4501	(f) The comptroller shall credit fees collected under
4502	4502	Subsection (e) to the Department of Public Safety. (Code Crim.
4503	4503	Proc., Art. 45.0511(c-1) (part).)
4504	4504	SUBCHAPTER I. OTHER DISMISSALS
4505	4505	Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION
4506	4506	OF TEEN COURT PROGRAM. (a) This article applies only to a
4507	4507	defendant who is:
4508	4508	(1) younger than 18 years of age; or
4509	4509	(2) enrolled full time in an accredited secondary
4510	4510	school in a program leading toward a high school diploma.
4511	4511	(b) A justice or municipal court may defer proceedings
4512	4512	against a defendant described by Subsection (a) for a period not to
4513	4513	exceed 180 days if the defendant:
4514	4514	(1) is charged with an offense that the court has
4515	4515	jurisdiction of under Article 4.11 or 4.14;
4516	4516	(2) with the defendant's parent, guardian, or managing
4517	4517	conservator present, pleads nolo contendere or guilty to the
4518	4518	offense in open court;
4519	4519	(3) presents to the court an oral or written request to
4520	4520	attend a teen court program or is recommended to attend the program
4521	4521	by a school employee under Section 37.146, Education Code; and
4522	4522	(4) has not successfully completed a teen court
4523	4523	program in the year preceding the date that the alleged offense
4524	4524	occurred.
4525	4525	(c) The court must approve the teen court program.
4526	4526	(d) A defendant for whom proceedings are deferred under
4527	4527	Subsection (b) must complete the teen court program not later than
4528	4528	the earlier of:
4529	4529	(1) the 90th day after the date the teen court hearing
4530	4530	to determine punishment is held; or
4531	4531	(2) the last day of the deferral period.
4532	4532	(e) The justice or municipal court shall dismiss the charge
4533	4533	at the time the defendant presents satisfactory evidence that the
4534	4534	defendant has successfully completed the teen court program.
4535	4535	(f) A charge dismissed under this article may not be part of
4536	4536	the defendant's criminal record or driving record or used for any
4537	4537	purpose, except that if the charge was for a traffic offense, the
4538	4538	court shall report to the Department of Public Safety the fact that
4539	4539	the defendant successfully completed the teen court program and the
4540	4540	date of completion for inclusion in the defendant's driving record.
4541	4541	(g) The justice or municipal court may require a defendant
4542	4542	who requests a teen court program to pay a reimbursement fee in an
4543	4543	amount not to exceed $10 that is set by the court to cover the costs
4544	4544	of administering this article. Reimbursement fees collected by a
4545	4545	municipal court shall be deposited in the municipal treasury, and
4546	4546	reimbursement fees collected by a justice court shall be deposited
4547	4547	in the county treasury of the county in which the court is located.
4548	4548	(h) A defendant who requests a teen court program and fails
4549	4549	to complete the program is not entitled to a refund of the
4550	4550	reimbursement fee under Subsection (g).
4551	4551	(i) A court may transfer a case in which proceedings have
4552	4552	been deferred under this article to a court in another county if
4553	4553	that court consents to the transfer and has jurisdiction over the
4554	4554	case.
4555	4555	(j) In addition to the reimbursement fee authorized by
4556	4556	Subsection (g), the court may require a defendant who requests a
4557	4557	teen court program to pay a $10 reimbursement fee to cover the
4558	4558	program's cost for performing duties under this article. The court
4559	4559	shall pay the fee to the teen court program, and the teen court
4560	4560	program must account to the court for the receipt and disbursal of
4561	4561	the fee.
4562	4562	(k) A defendant who pays a fee under Subsection (j) is not
4563	4563	entitled to a refund of the fee, regardless of whether the defendant
4564	4564	successfully completes the teen court program.
4565	4565	(l) A justice or municipal court may exempt a defendant for
4566	4566	whom proceedings are deferred under this article from the
4567	4567	requirement to pay a court cost or fee imposed by another statute.
4568	4568	(m) Notwithstanding Subsection (g) or (j), a justice or
4569	4569	municipal court that is located in the Texas-Louisiana border
4570	4570	region, as defined by Section 2056.002, Government Code, may charge
4571	4571	a reimbursement fee of $20 under those subsections. (Code Crim.
4572	4572	Proc., Art. 45.052.)
4573	4573	Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF
4574	4574	PERSON WITH CHEMICAL DEPENDENCY. (a) On a plea of guilty or nolo
4575	4575	contendere by a defendant or on a finding of guilt in a misdemeanor
4576	4576	case punishable by fine only, a justice or municipal court may defer
4577	4577	further proceedings for a 90-day period without entering an
4578	4578	adjudication of guilt if:
4579	4579	(1) the court finds that the offense resulted from or
4580	4580	was related to the defendant's chemical dependency; and
4581	4581	(2) an application for court-ordered treatment of the
4582	4582	defendant is filed in accordance with Chapter 462, Health and
4583	4583	Safety Code.
4584	4584	(b) At the end of the deferral period, the justice or
4585	4585	municipal court shall dismiss the complaint if satisfactory
4586	4586	evidence is presented that the defendant was committed for and
4587	4587	completed court-ordered treatment in accordance with Chapter 462,
4588	4588	Health and Safety Code. If a complaint is dismissed under this
4589	4589	subsection, there is not a final conviction and the complaint may
4590	4590	not be used against the person for any purpose. The docket must
4591	4591	clearly note that the court dismissed the complaint and that there
4592	4592	is not a final conviction. Records relating to a complaint
4593	4593	dismissed under this subsection may be expunged under Subchapter A,
4594	4594	B, or C, Chapter 55A.
4595	4595	(c) If at the conclusion of the deferral period satisfactory
4596	4596	evidence described by Subsection (b) is not presented, the justice
4597	4597	or municipal court may impose the fine assessed or a lesser fine.
4598	4598	The imposition of the fine constitutes a final conviction of the
4599	4599	defendant. (Code Crim. Proc., Art. 45.053.)
4600	4600	Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO
4601	4601	NONATTENDANCE CHARGE. Notwithstanding any other law, a county,
4602	4602	justice, or municipal court may dismiss a charge against a
4603	4603	defendant alleging the defendant committed an offense under Section
4604	4604	25.093, Education Code, if the court finds that a dismissal would be
4605	4605	in the interest of justice because:
4606	4606	(1) there is a low likelihood of recidivism by the
4607	4607	defendant; or
4608	4608	(2) sufficient justification exists for the failure of
4609	4609	the defendant's child to attend school. (Code Crim. Proc., Art.
4610	4610	45.0531.)
4611	4611	SUBCHAPTER J. CASES INVOLVING JUVENILES
4612	4612	Art. 45A.451. JUVENILE CASE MANAGERS. (a) On approval of
4613	4613	the commissioners court, governing body of a municipality, school
4614	4614	district board of trustees, juvenile board, or other appropriate
4615	4615	authority, a county court, justice court, municipal court, school
4616	4616	district, juvenile probation department, or other appropriate
4617	4617	governmental entity may:
4618	4618	(1) employ a case manager to provide services:
4619	4619	(A) in cases involving juvenile offenders who are
4620	4620	before a court consistent with the court's statutory powers; or
4621	4621	(B) to a juvenile who is referred to a court by a
4622	4622	school administrator or designee for misconduct that would
4623	4623	otherwise be within the court's statutory powers before a case is
4624	4624	filed, with the consent of the juvenile and the juvenile's parents
4625	4625	or guardians;
4626	4626	(2) employ one or more juvenile case managers who:
4627	4627	(A) shall assist the court in administering the
4628	4628	court's juvenile docket and in supervising the court's orders in
4629	4629	juvenile cases; and
4630	4630	(B) may provide:
4631	4631	(i) prevention services to a child
4632	4632	considered at risk of entering the juvenile justice system; and
4633	4633	(ii) intervention services to a juvenile
4634	4634	engaged in misconduct, excluding traffic offenses, if a case has
4635	4635	not yet been filed with respect to the misconduct; or
4636	4636	(3) agree in accordance with Chapter 791, Government
4637	4637	Code, with any appropriate governmental entity to jointly employ a
4638	4638	case manager or to jointly contribute to the costs of a case manager
4639	4639	employed by one governmental entity to provide services described
4640	4640	by Subdivisions (1) and (2).
4641	4641	(a-1) A county or justice court on approval of the
4642	4642	commissioners court or a municipality or municipal court on
4643	4643	approval of the governing body of the municipality may employ one or
4644	4644	more juvenile case managers who:
4645	4645	(1) shall assist the court in administering the
4646	4646	court's juvenile docket and in supervising the court's orders in
4647	4647	juvenile cases; and
4648	4648	(2) may provide:
4649	4649	(A) prevention services to a child considered at
4650	4650	risk of entering the juvenile justice system; and
4651	4651	(B) intervention services to a juvenile engaged
4652	4652	in misconduct, excluding traffic offenses, if a case has not yet
4653	4653	been filed with respect to the misconduct.
4654	4654	(b) A local entity may apply or more than one local entity
4655	4655	may jointly apply to the criminal justice division of the
4656	4656	governor's office for reimbursement of all or part of the costs of
4657	4657	employing one or more juvenile case managers from funds
4658	4658	appropriated to the governor's office or otherwise available for
4659	4659	that purpose.
4660	4660	(c) To be eligible for reimbursement under Subsection (b),
4661	4661	the entity applying must present to the governor's office a
4662	4662	comprehensive plan to reduce juvenile offenses in the entity's
4663	4663	jurisdiction. The plan must address the role of the case manager in
4664	4664	that effort.
4665	4665	(d) An entity that jointly employs a case manager under
4666	4666	Subsection (a)(3) employs a juvenile case manager for purposes of
4667	4667	Chapter 102.
4668	4668	(e) The court or governing body may pay, from the local
4669	4669	truancy prevention and diversion fund established under Section
4670	4670	134.156, Local Government Code:
4671	4671	(1) the salary and benefits of a juvenile case
4672	4672	manager; and
4673	4673	(2) the costs of training, travel, office supplies,
4674	4674	and other necessary expenses relating to the position of the
4675	4675	juvenile case manager.
4676	4676	(f) A juvenile case manager employed under Subsection (a-1)
4677	4677	shall give priority to cases brought under Section 25.093,
4678	4678	Education Code.
4679	4679	(g) The governing body of the employing governmental entity
4680	4680	under Subsection (a) shall adopt reasonable rules for juvenile case
4681	4681	managers that provide for:
4682	4682	(1) a code of ethics and the enforcement of the code of
4683	4683	ethics;
4684	4684	(2) appropriate educational preservice and in-service
4685	4685	training standards for juvenile case managers; and
4686	4686	(3) training in:
4687	4687	(A) the role of the juvenile case manager;
4688	4688	(B) case planning and management;
4689	4689	(C) applicable procedural and substantive law;
4690	4690	(D) courtroom proceedings and presentation;
4691	4691	(E) services to at-risk youth under Subchapter D,
4692	4692	Chapter 264, Family Code;
4693	4693	(F) local programs and services for juveniles and
4694	4694	methods by which juveniles may access those programs and services;
4695	4695	and
4696	4696	(G) detecting and preventing abuse,
4697	4697	exploitation, and neglect of juveniles.
4698	4698	(h) The employing court or governmental entity under this
4699	4699	article shall implement the rules adopted under Subsection (g).
4700	4700	(i) The commissioners court or governing body of the
4701	4701	municipality that administers a local truancy prevention and
4702	4702	diversion fund under Section 134.156, Local Government Code, shall
4703	4703	require periodic review of juvenile case managers to ensure the
4704	4704	implementation of the rules adopted under Subsection (g).
4705	4705	(j) The juvenile case manager shall timely report to the
4706	4706	judge who signed the applicable order or judgment and, on request,
4707	4707	to the judge assigned to the case or the presiding judge any
4708	4708	information or recommendations relevant to assisting the judge in
4709	4709	making decisions that are in the best interest of the child.
4710	4710	(k) The judge who is assigned to the case shall consult with
4711	4711	the juvenile case manager who is supervising the case regarding:
4712	4712	(1) the child's home environment;
4713	4713	(2) the child's developmental, psychological, and
4714	4714	educational status;
4715	4715	(3) the child's previous interaction with the justice
4716	4716	system; and
4717	4717	(4) any sanctions available to the court that would be
4718	4718	in the best interest of the child.
4719	4719	(l) Subsections (j) and (k) do not apply to:
4720	4720	(1) a part-time judge; or
4721	4721	(2) a county judge of a county court that has one or
4722	4722	more appointed full-time magistrates under Section 54.1172,
4723	4723	Government Code. (Code Crim. Proc., Art. 45.056.)
4724	4724	Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT.
4725	4725	(a) This article applies to a defendant who has not had the
4726	4726	disabilities of minority removed and has been:
4727	4727	(1) charged with an offense other than an offense
4728	4728	under Section 43.261, Penal Code, if the defendant is younger than
4729	4729	17 years of age; or
4730	4730	(2) charged with an offense under Section 43.261,
4731	4731	Penal Code, if the defendant is younger than 18 years of age.
4732	4732	(b) The judge or justice shall:
4733	4733	(1) take the defendant's plea in open court; and
4734	4734	(2) issue a summons to compel the defendant's parent,
4735	4735	guardian, or managing conservator to be present during:
4736	4736	(A) the taking of the defendant's plea; and
4737	4737	(B) all other proceedings relating to the case.
4738	4738	(c) If the court is unable to secure the appearance of the
4739	4739	defendant's parent, guardian, or managing conservator by issuing a
4740	4740	summons, the court may, without the defendant's parent, guardian,
4741	4741	or managing conservator present, take the defendant's plea and
4742	4742	proceed against the defendant.
4743	4743	(d) If the defendant resides in a county other than the
4744	4744	county in which the alleged offense occurred, the defendant may,
4745	4745	with approval of the judge of the court of original jurisdiction,
4746	4746	enter a plea, including a plea under Article 45A.401, before a judge
4747	4747	in the county in which the defendant resides.
4748	4748	(e) A justice or municipal court shall endorse on the
4749	4749	summons issued to a parent an order to appear personally at a
4750	4750	hearing with the defendant. The summons must include a warning that
4751	4751	the failure of the parent to appear is a Class C misdemeanor and may
4752	4752	result in arrest. (Code Crim. Proc., Art. 45.0215.)
4753	4753	Art. 45A.453. CHILD TAKEN INTO CUSTODY. (a) In this
4754	4754	article, "child" means a person who is:
4755	4755	(1) at least 10 years of age and younger than 17 years
4756	4756	of age; and
4757	4757	(2) charged with or convicted of an offense that a
4758	4758	justice or municipal court has jurisdiction of under Article 4.11
4759	4759	or 4.14.
4760	4760	(b) A child may be released to the child's parent, guardian,
4761	4761	custodian, or other responsible adult as provided by Section
4762	4762	52.02(a)(1), Family Code, if the child is taken into custody for an
4763	4763	offense that a justice or municipal court has jurisdiction of under
4764	4764	Article 4.11 or 4.14.
4765	4765	(c) A child described by Subsection (b) must be taken only
4766	4766	to a place previously designated by the head of the law enforcement
4767	4767	agency with custody of the child as an appropriate place of
4768	4768	nonsecure custody for children unless the child:
4769	4769	(1) is released under Section 52.02(a)(1), Family
4770	4770	Code; or
4771	4771	(2) is taken before a justice or municipal court.
4772	4772	(d) A place of nonsecure custody for children must be an
4773	4773	unlocked, multipurpose area, such as:
4774	4774	(1) a lobby, office, or interrogation room, if the
4775	4775	area is not designated, set aside, or used as a secure detention
4776	4776	area and is not part of a secure detention area; or
4777	4777	(2) a juvenile processing office designated under
4778	4778	Section 52.025, Family Code, if the area is not locked when the area
4779	4779	is used as a place of nonsecure custody.
4780	4780	(e) The following procedures shall be followed in a place of
4781	4781	nonsecure custody for children:
4782	4782	(1) a child may not be secured physically to a cuffing
4783	4783	rail, chair, desk, or other stationary object;
4784	4784	(2) a child may be held in the nonsecure facility only
4785	4785	for the period necessary to complete:
4786	4786	(A) identification;
4787	4787	(B) investigation;
4788	4788	(C) processing;
4789	4789	(D) release to a parent, guardian, custodian, or
4790	4790	other responsible adult; or
4791	4791	(E) the arranging of transportation to the
4792	4792	appropriate juvenile court, juvenile detention facility, secure
4793	4793	detention facility, justice court, or municipal court;
4794	4794	(3) residential use of the area is prohibited; and
4795	4795	(4) a law enforcement officer or facility staff person
4796	4796	shall provide continuous visual supervision of a child while the
4797	4797	child is in nonsecure custody.
4798	4798	(f) Notwithstanding any other provision of this article, a
4799	4799	child may not be detained in a place of nonsecure custody for a
4800	4800	period of more than six hours.
4801	4801	(g) A child taken into custody for an offense that a justice
4802	4802	or municipal court has jurisdiction of under Article 4.11 or 4.14
4803	4803	may be presented or detained in a detention facility designated by
4804	4804	the juvenile board under Section 52.02(a)(3), Family Code, only if:
4805	4805	(1) the child's case is transferred to the juvenile
4806	4806	court by a justice or municipal court under Section 51.08(b),
4807	4807	Family Code; or
4808	4808	(2) the child is referred to the juvenile court by a
4809	4809	justice or municipal court for contempt of court under Article
4810	4810	45A.461.
4811	4811	(h) Except as provided by Subsection (i) and Section
4812	4812	37.143(a), Education Code, for a traffic offense or an offense
4813	4813	punishable by fine only, a law enforcement officer may issue a
4814	4814	citation as provided by Article 14.06 instead of taking a child into
4815	4815	custody.
4816	4816	(i) A law enforcement officer may issue a citation as
4817	4817	provided by Article 14.06 instead of taking a child into custody for
4818	4818	conduct constituting a violation of Section 49.02, Penal Code, only
4819	4819	if the officer releases the child to the child's parent, guardian,
4820	4820	custodian, or other responsible adult. (Code Crim. Proc., Arts.
4821	4821	45.058(a), (b), (c), (d), (e), (f), (g), (g-1), (h).)
4822	4822	Art. 45A.454. CONDUCT ALLEGED ON SCHOOL PROPERTY. (a) In
4823	4823	this article, "child" has the meaning assigned by Article
4824	4824	45A.453(a).
4825	4825	(b) If a law enforcement officer issues a citation or files
4826	4826	a complaint in the manner provided by Article 45A.101(g) for
4827	4827	conduct by a child 12 years of age or older that is alleged to have
4828	4828	occurred on school property of or on a vehicle owned or operated by
4829	4829	a county or independent school district, the officer shall submit
4830	4830	to the court:
4831	4831	(1) the offense report;
4832	4832	(2) a statement by a witness to the alleged conduct;
4833	4833	and
4834	4834	(3) a statement by a victim of the alleged conduct, if
4835	4835	any.
4836	4836	(c) An attorney representing the state may not proceed in a
4837	4837	trial of an offense unless the law enforcement officer has complied
4838	4838	with the requirements of Subsection (b).
4839	4839	(d) Notwithstanding Article 45A.453(h) or (i), a law
4840	4840	enforcement officer may not issue a citation or file a complaint in
4841	4841	the manner provided by Article 45A.101(g) for conduct by a child
4842	4842	younger than 12 years of age that is alleged to have occurred on
4843	4843	school property of or on a vehicle owned or operated by a county or
4844	4844	independent school district. (Code Crim. Proc., Arts. 45.058(h),
4845	4845	(i), (j).)
4846	4846	Art. 45A.455. CHILD TAKEN INTO CUSTODY FOR VIOLATION OF
4847	4847	JUVENILE CURFEW OR ORDER. (a) In this article, "child" means a
4848	4848	person who is younger than 17 years of age.
4849	4849	(b) A peace officer taking a child into custody for a
4850	4850	violation of a juvenile curfew ordinance of a municipality or order
4851	4851	of the commissioners court of a county shall, without unnecessary
4852	4852	delay:
4853	4853	(1) release the child to the child's parent, guardian,
4854	4854	or custodian;
4855	4855	(2) take the child before a justice or municipal court
4856	4856	to answer the charge; or
4857	4857	(3) take the child to a place designated as a juvenile
4858	4858	curfew processing office by the head of the law enforcement agency
4859	4859	having custody of the child.
4860	4860	(c) A juvenile curfew processing office must observe the
4861	4861	following procedures:
4862	4862	(1) the office must be an unlocked, multipurpose area
4863	4863	that is not designated, set aside, or used as a secure detention
4864	4864	area or part of a secure detention area;
4865	4865	(2) the child may not be secured physically to a
4866	4866	cuffing rail, chair, desk, or stationary object;
4867	4867	(3) the child may not be held for a period longer than
4868	4868	is necessary to complete:
4869	4869	(A) identification;
4870	4870	(B) investigation;
4871	4871	(C) processing;
4872	4872	(D) release to a parent, guardian, or custodian;
4873	4873	or
4874	4874	(E) arrangement of transportation to school or
4875	4875	court;
4876	4876	(4) the office may not be designated or intended for
4877	4877	residential purposes;
4878	4878	(5) a peace officer or other individual shall provide
4879	4879	continuous visual supervision of a child while the child is in the
4880	4880	office; and
4881	4881	(6) a child may not be held in the office for a period
4882	4882	of more than six hours.
4883	4883	(d) A place designated under this article as a juvenile
4884	4884	curfew processing office is not subject to the approval of the
4885	4885	juvenile board having jurisdiction where the governmental entity is
4886	4886	located. (Code Crim. Proc., Art. 45.059; New.)
4887	4887	Art. 45A.456. CONTINUING OBLIGATION TO APPEAR FOR
4888	4888	UNADJUDICATED CHILD, NOW ADULT; OFFENSE. (a) Except as provided by
4889	4889	Articles 45A.453, 45A.454, and 45A.455, an individual may not be
4890	4890	taken into secured custody for offenses alleged to have occurred
4891	4891	before the individual's 17th birthday.
4892	4892	(b) On or after an individual's 17th birthday, if the court
4893	4893	has used all available procedures under this chapter to secure the
4894	4894	individual's appearance to answer allegations made before the
4895	4895	individual's 17th birthday, the court may issue a notice of
4896	4896	continuing obligation to appear, by personal service or by mail, to
4897	4897	the last known address and residence of the individual. The notice
4898	4898	must order the individual to appear at a designated time, place, and
4899	4899	date to answer the allegations detailed in the notice.
4900	4900	(c) Failure to appear as ordered by the notice under
4901	4901	Subsection (b) is a Class C misdemeanor independent of Section
4902	4902	38.10, Penal Code, and Section 543.009, Transportation Code.
4903	4903	(d) It is an affirmative defense to prosecution under
4904	4904	Subsection (c) that the individual was not informed of the
4905	4905	individual's obligation under Articles 45A.457(h) and (i) or did
4906	4906	not receive notice as required by Subsection (b) of this article.
4907	4907	(e) A notice of continuing obligation to appear issued under
4908	4908	this article must contain the following statement provided in
4909	4909	boldfaced type or capital letters:
4910	4910	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 17TH
4911	4911	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
4912	4912	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
4913	4913	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
4914	4914	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
4915	4915	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
4916	4916	FOR YOUR ARREST." (Code Crim. Proc., Art. 45.060.)
4917	4917	Art. 45A.457. FINDING THAT OFFENSE COMMITTED. (a) In this
4918	4918	article:
4919	4919	(1) "Child" has the meaning assigned by Article
4920	4920	45A.453(a).
4921	4921	(2) "Parent" includes a person standing in parental
4922	4922	relation, a managing conservator, or a custodian.
4923	4923	(3) "Residence" means any place where the child lives
4924	4924	or resides for a period of not less than 30 days.
4925	4925	(b) On a finding by a justice or municipal court that a child
4926	4926	committed an offense that the court has jurisdiction of under
4927	4927	Article 4.11 or 4.14, the court has jurisdiction to enter an order:
4928	4928	(1) referring the child or the child's parent for
4929	4929	services under Section 264.302, Family Code;
4930	4930	(2) requiring that the child attend a special program
4931	4931	that the court determines to be in the best interest of the child
4932	4932	and, if the program involves the expenditure of municipal or county
4933	4933	funds, that is approved by the governing body of the municipality or
4934	4934	county commissioners court, as applicable, including a program for:
4935	4935	(A) rehabilitation;
4936	4936	(B) counseling;
4937	4937	(C) self-esteem and leadership;
4938	4938	(D) work and job skills training;
4939	4939	(E) job interviewing and work preparation;
4940	4940	(F) self-improvement;
4941	4941	(G) parenting;
4942	4942	(H) manners;
4943	4943	(I) violence avoidance;
4944	4944	(J) tutoring;
4945	4945	(K) sensitivity training;
4946	4946	(L) parental responsibility;
4947	4947	(M) community service;
4948	4948	(N) restitution;
4949	4949	(O) advocacy; or
4950	4950	(P) mentoring; or
4951	4951	(3) requiring that the child's parent perform any act
4952	4952	or refrain from performing any act as the court determines will
4953	4953	increase the likelihood that the child will comply with the orders
4954	4954	of the court and that is reasonable and necessary for the welfare of
4955	4955	the child, including:
4956	4956	(A) attend a parenting class or parental
4957	4957	responsibility program; and
4958	4958	(B) attend the child's school classes or
4959	4959	functions.
4960	4960	(c) The justice or municipal court may order the parent of a
4961	4961	child required to attend a program under Subsection (b) to pay an
4962	4962	amount not to exceed $100 for the costs of the program.
4963	4963	(d) A justice or municipal court may require a child or
4964	4964	parent required to attend a program, class, or function under this
4965	4965	article to submit proof of attendance to the court.
4966	4966	(e) A justice or municipal court shall endorse on the
4967	4967	summons issued to a parent an order to appear personally at the
4968	4968	hearing with the child. The summons must include a warning that the
4969	4969	failure of the parent to appear is a Class C misdemeanor and may
4970	4970	result in arrest.
4971	4971	(f) An order under this article involving a child is
4972	4972	enforceable under Article 45A.461.
4973	4973	(g) A person commits an offense if the person is a parent who
4974	4974	fails to attend a hearing under this article after receiving an
4975	4975	order under Subsection (e). An offense under this subsection is a
4976	4976	Class C misdemeanor.
4977	4977	(h) A child and parent required to appear before the court
4978	4978	have an obligation to provide the child's current address and
4979	4979	residence to the court in writing. The obligation does not end when
4980	4980	the child reaches age 17. On or before the seventh day after the
4981	4981	date the child or parent changes residence, the child or parent
4982	4982	shall notify the court of the current address in the manner directed
4983	4983	by the court. A violation of this subsection is a Class C
4984	4984	misdemeanor and may result in arrest. The obligation to provide
4985	4985	notice terminates on discharge and satisfaction of the judgment or
4986	4986	a final disposition not requiring a finding of guilt.
4987	4987	(i) If an appellate court accepts an appeal for a trial de
4988	4988	novo, the child and parent shall provide the notice under
4989	4989	Subsection (h) to the appellate court.
4990	4990	(j) The child and parent are entitled to written notice of
4991	4991	their obligation under Subsections (h) and (i), which may be
4992	4992	satisfied if a copy of those subsections is delivered to the child
4993	4993	and parent by:
4994	4994	(1) the court during their initial appearance before
4995	4995	the court;
4996	4996	(2) a peace officer arresting and releasing a child
4997	4997	under Article 45A.453(b) at the time of release; or
4998	4998	(3) a peace officer who issues a notice to appear under
4999	4999	Section 543.003, Transportation Code, or a citation under Article
5000	5000	14.06(b).
5001	5001	(k) It is an affirmative defense to prosecution under
5002	5002	Subsection (h) that the child and parent were not informed of their
5003	5003	obligation under this article.
5004	5004	(l) Any order under this article is enforceable by the
5005	5005	justice or municipal court by contempt. (Code Crim. Proc., Art.
5006	5006	45.057.)
5007	5007	Art. 45A.458. FINDING OF ELECTRONIC TRANSMISSION OF CERTAIN
5008	5008	VISUAL MATERIAL DEPICTING MINOR. (a) In this article, "parent"
5009	5009	means a natural or adoptive parent, managing or possessory
5010	5010	conservator, or legal guardian. The term does not include a parent
5011	5011	whose parental rights have been terminated.
5012	5012	(b) If a justice or municipal court finds that a defendant
5013	5013	has committed an offense under Section 43.261, Penal Code, the
5014	5014	court may enter an order requiring the defendant to attend and
5015	5015	successfully complete an educational program described by Section
5016	5016	37.218, Education Code, or another equivalent educational program.
5017	5017	(c) A court that enters an order under Subsection (b) shall
5018	5018	require the defendant or the defendant's parent to pay the cost of
5019	5019	attending an educational program under Subsection (b) if the court
5020	5020	determines that the defendant or the defendant's parent is
5021	5021	financially able to pay. (Code Crim. Proc., Art. 45.061.)
5022	5022	Art. 45A.459. COMMUNITY SERVICE TO SATISFY FINES OR COSTS
5023	5023	FOR CERTAIN JUVENILE DEFENDANTS. (a) This article applies only to
5024	5024	a defendant younger than 17 years of age who is assessed a fine or
5025	5025	cost for a Class C misdemeanor.
5026	5026	(b) A justice or judge may require a defendant described by
5027	5027	Subsection (a) to discharge all or part of the fine or cost by
5028	5028	performing community service.
5029	5029	(c) An order requiring a defendant to perform community
5030	5030	service under this article must specify:
5031	5031	(1) the number of hours of community service the
5032	5032	defendant is required to perform, not to exceed 200 hours; and
5033	5033	(2) the date by which the defendant must submit to the
5034	5034	court documentation verifying that the defendant completed the
5035	5035	community service.
5036	5036	(d) The justice or judge may order the defendant to perform
5037	5037	community service under this article:
5038	5038	(1) by attending:
5039	5039	(A) a work and job skills training program;
5040	5040	(B) a preparatory class for the high school
5041	5041	equivalency examination administered under Section 7.111,
5042	5042	Education Code;
5043	5043	(C) an alcohol or drug abuse program;
5044	5044	(D) a rehabilitation program;
5045	5045	(E) a counseling program, including a
5046	5046	self-improvement program;
5047	5047	(F) a mentoring program; or
5048	5048	(G) any similar activity; or
5049	5049	(2) for:
5050	5050	(A) a governmental entity;
5051	5051	(B) a nonprofit organization or another
5052	5052	organization that provides to the general public services that
5053	5053	enhance social welfare and the general well-being of the community,
5054	5054	as determined by the justice or judge; or
5055	5055	(C) an educational institution.
5056	5056	(e) An entity that accepts a defendant to perform community
5057	5057	service under this article must agree to:
5058	5058	(1) supervise, either on-site or remotely, the
5059	5059	defendant in the performance of the defendant's community service;
5060	5060	and
5061	5061	(2) report on the defendant's community service to the
5062	5062	justice or judge who ordered the service.
5063	5063	(f) A justice or judge may not order a defendant to perform
5064	5064	more than 16 hours of community service each week under this article
5065	5065	unless the justice or judge determines that requiring the defendant
5066	5066	to perform additional hours does not impose an undue hardship on the
5067	5067	defendant or the defendant's family, as defined by Section 71.003,
5068	5068	Family Code.
5069	5069	(g) A sheriff, employee of a sheriff's department, county
5070	5070	commissioner, county employee, county judge, justice of the peace,
5071	5071	municipal court judge, or officer or employee of a political
5072	5072	subdivision other than a county or an entity that accepts a
5073	5073	defendant to perform community service under this article is not
5074	5074	liable for damages arising from an act or failure to act in
5075	5075	connection with community service performed by a defendant under
5076	5076	this article if the act or failure to act:
5077	5077	(1) was performed pursuant to court order; and
5078	5078	(2) was not intentional, wilfully or wantonly
5079	5079	negligent, or performed with conscious indifference or reckless
5080	5080	disregard for the safety of others.
5081	5081	(h) A local juvenile probation department or a
5082	5082	court-related services office may provide the administrative and
5083	5083	other services necessary to supervise a defendant required to
5084	5084	perform community service under this article.
5085	5085	(i) A defendant is considered to have discharged not less
5086	5086	than $100 of fines or costs for each eight hours of community
5087	5087	service performed under this article.
5088	5088	(j) A defendant may discharge an obligation to perform
5089	5089	community service under this article by paying at any time the fine
5090	5090	and costs assessed. (Code Crim. Proc., Art. 45.0492, as added Acts
5091	5091	82nd Leg., R.S., Ch. 777.)
5092	5092	Art. 45A.460. COMMUNITY SERVICE TO SATISFY FINES OR COSTS
5093	5093	FOR CERTAIN JUVENILE DEFENDANTS FOR OFFENSES ON SCHOOL GROUNDS.
5094	5094	(a) This article applies only to a defendant younger than 17 years
5095	5095	of age who is assessed a fine or cost for a Class C misdemeanor
5096	5096	occurring in a building or on the grounds of the primary or
5097	5097	secondary school at which the defendant was enrolled at the time of
5098	5098	the offense.
5099	5099	(b) A justice or judge may require a defendant described by
5100	5100	Subsection (a) to discharge all or part of the fine or cost by
5101	5101	performing community service.
5102	5102	(c) An order requiring a defendant to perform community
5103	5103	service under this article must specify:
5104	5104	(1) the number of hours of community service the
5105	5105	defendant is required to perform; and
5106	5106	(2) the date by which the defendant must submit to the
5107	5107	court documentation verifying that the defendant completed the
5108	5108	community service.
5109	5109	(d) The justice or judge may order the defendant to perform
5110	5110	community service under this article:
5111	5111	(1) by attending:
5112	5112	(A) a work and job skills training program;
5113	5113	(B) a preparatory class for the high school
5114	5114	equivalency examination administered under Section 7.111,
5115	5115	Education Code;
5116	5116	(C) an alcohol or drug abuse program;
5117	5117	(D) a rehabilitation program;
5118	5118	(E) a counseling program, including a
5119	5119	self-improvement program;
5120	5120	(F) a mentoring program;
5121	5121	(G) a tutoring program; or
5122	5122	(H) any similar activity; or
5123	5123	(2) for:
5124	5124	(A) a governmental entity;
5125	5125	(B) a nonprofit organization or another
5126	5126	organization that provides to the general public services that
5127	5127	enhance social welfare and the general well-being of the community,
5128	5128	as determined by the justice or judge; or
5129	5129	(C) an educational institution.
5130	5130	(e) An entity that accepts a defendant to perform community
5131	5131	service under this article must agree to:
5132	5132	(1) supervise, either on-site or remotely, the
5133	5133	defendant in the performance of the defendant's community service;
5134	5134	and
5135	5135	(2) report on the defendant's community service to the
5136	5136	justice or judge who ordered the service.
5137	5137	(f) A justice or judge may not order a defendant to perform
5138	5138	more than 16 hours of community service each week under this article
5139	5139	unless the justice or judge determines that requiring the defendant
5140	5140	to perform additional hours does not impose an undue hardship on the
5141	5141	defendant or the defendant's family, as defined by Section 71.003,
5142	5142	Family Code.
5143	5143	(g) A sheriff, employee of a sheriff's department, county
5144	5144	commissioner, county employee, county judge, justice of the peace,
5145	5145	municipal court judge, or officer or employee of a political
5146	5146	subdivision other than a county or an entity that accepts a
5147	5147	defendant to perform community service under this article is not
5148	5148	liable for damages arising from an act or failure to act in
5149	5149	connection with community service performed by a defendant under
5150	5150	this article if the act or failure to act:
5151	5151	(1) was performed pursuant to court order; and
5152	5152	(2) was not intentional, grossly negligent, or
5153	5153	performed with conscious indifference or reckless disregard for the
5154	5154	safety of others.
5155	5155	(h) A local juvenile probation department or a
5156	5156	court-related services office may provide the administrative and
5157	5157	other services necessary to supervise a defendant required to
5158	5158	perform community service under this article.
5159	5159	(i) A defendant is considered to have discharged not less
5160	5160	than $100 of fines or costs for each eight hours of community
5161	5161	service performed under this article.
5162	5162	(j) A defendant may discharge an obligation to perform
5163	5163	community service under this article by paying at any time the fine
5164	5164	and costs assessed. (Code Crim. Proc., Art. 45.0492, as added Acts
5165	5165	82nd Leg., R.S., Ch. 227.)
5166	5166	Art. 45A.461. FAILURE TO PAY FINE OR APPEAR. (a) In this
5167	5167	article, "child" has the meaning assigned by Article 45A.453(a).
5168	5168	(b) A justice or municipal court may not order the
5169	5169	confinement of a child for:
5170	5170	(1) the failure to pay all or part of a fine or cost
5171	5171	imposed for the conviction of an offense punishable by fine only;
5172	5172	(2) the failure to appear for an offense committed by
5173	5173	the child; or
5174	5174	(3) contempt of another order of a justice or
5175	5175	municipal court.
5176	5176	(c) If a child fails to obey an order of a justice or
5177	5177	municipal court under circumstances that would constitute contempt
5178	5178	of court, the justice or municipal court, after providing notice
5179	5179	and an opportunity to be heard, may:
5180	5180	(1) refer the child to the appropriate juvenile court
5181	5181	for delinquent conduct for contempt of the order; or
5182	5182	(2) retain jurisdiction of the case, hold the child in
5183	5183	contempt of court, and order that:
5184	5184	(A) the contemnor pay a fine not to exceed $500;
5185	5185	or
5186	5186	(B) the Department of Public Safety suspend the
5187	5187	contemnor's driver's license or permit or, if the contemnor does not
5188	5188	have a license or permit, deny the issuance of a license or permit
5189	5189	to the contemnor until the contemnor fully complies with the order.
5190	5190	(d) A justice or municipal court may hold a person in
5191	5191	contempt and impose a remedy authorized by Subsection (c)(2) if:
5192	5192	(1) the person was convicted for an offense committed
5193	5193	before the person's 17th birthday;
5194	5194	(2) the person failed to obey the order while the
5195	5195	person was 17 years of age or older; and
5196	5196	(3) the failure to obey occurred under circumstances
5197	5197	that constitute contempt of court.
5198	5198	(e) A justice or municipal court may hold a person in
5199	5199	contempt and impose a remedy authorized by Subsection (c)(2) if the
5200	5200	person, while younger than 17 years of age, engaged in conduct in
5201	5201	contempt of an order issued by the court, but contempt proceedings
5202	5202	could not be held before the person's 17th birthday.
5203	5203	(f) A justice or municipal court that orders suspension or
5204	5204	denial of a driver's license or permit under Subsection (c)(2)(B)
5205	5205	shall notify the Department of Public Safety on receiving proof of
5206	5206	compliance with the orders of the justice or municipal court.
5207	5207	(g) A justice or municipal court may not refer a person who
5208	5208	violates a court order while 17 years of age or older to a juvenile
5209	5209	court for delinquency proceedings for contempt of court. (Code
5210	5210	Crim. Proc., Art. 45.050.)
5211	5211	Art. 45A.462. CONFIDENTIAL RECORDS RELATED TO CERTAIN
5212	5212	CHARGES AGAINST OR CONVICTIONS OF CHILD. (a) In this article,
5213	5213	"child" has the meaning assigned by Article 45A.453(a).
5214	5214	(b) Except as provided by Article 15.27 and Subsection (c)
5215	5215	of this article, all records and files, including those held by law
5216	5216	enforcement, and information stored by electronic means or
5217	5217	otherwise, from which a record or file could be generated, relating
5218	5218	to a child who is charged with, is convicted of, is found not guilty
5219	5219	of, had a charge dismissed for, or is granted deferred disposition
5220	5220	for a fine-only misdemeanor offense other than a traffic offense
5221	5221	are confidential and may not be disclosed to the public.
5222	5222	(c) Information subject to Subsection (b) may be open to
5223	5223	inspection only by:
5224	5224	(1) a judge or court staff;
5225	5225	(2) a criminal justice agency for a criminal justice
5226	5226	purpose, as those terms are defined by Section 411.082, Government
5227	5227	Code;
5228	5228	(3) the Department of Public Safety;
5229	5229	(4) an attorney for a party to the proceeding;
5230	5230	(5) the child defendant; or
5231	5231	(6) the defendant's parent, guardian, or managing
5232	5232	conservator. (Code Crim. Proc., Art. 45.0217.)
5233	5233	Art. 45A.463. EXPUNCTION OF CERTAIN RECORDS OF CHILD OR
5234	5234	MINOR. (a) In this article, "child" has the meaning assigned by
5235	5235	Section 51.02, Family Code.
5236	5236	(b) This article does not apply to an offense otherwise
5237	5237	covered by:
5238	5238	(1) Chapter 106, Alcoholic Beverage Code; or
5239	5239	(2) Chapter 161, Health and Safety Code.
5240	5240	(c) On or after the person's 17th birthday, a person may
5241	5241	apply to the court in which the person was convicted to have the
5242	5242	conviction expunged as provided by this article if:
5243	5243	(1) the person was convicted of not more than one
5244	5244	offense described by Section 8.07(a)(4) or (5), Penal Code, while
5245	5245	the person was a child; or
5246	5246	(2) the person was convicted only once of an offense
5247	5247	under Section 43.261, Penal Code.
5248	5248	(d) The person must make a written request to have the
5249	5249	records expunged.
5250	5250	(e) The request must:
5251	5251	(1) be under oath; and
5252	5252	(2) contain the person's statement that the person was
5253	5253	not convicted of any additional offense or found to have engaged in
5254	5254	conduct indicating a need for supervision as described by
5255	5255	Subsection (g)(1) or (2), as applicable.
5256	5256	(f) The judge shall inform the person and any parent in open
5257	5257	court of the person's expunction rights and provide them with a copy
5258	5258	of this article.
5259	5259	(g) The court shall order the conviction, together with all
5260	5260	complaints, verdicts, sentences, and prosecutorial and law
5261	5261	enforcement records, and any other documents relating to the
5262	5262	offense, expunged from the person's record if the court finds that:
5263	5263	(1) for a person applying for the expunction of a
5264	5264	conviction for an offense described by Section 8.07(a)(4) or (5),
5265	5265	Penal Code, the person was not convicted of any other offense
5266	5266	described by those subdivisions while the person was a child; and
5267	5267	(2) for a person applying for the expunction of a
5268	5268	conviction for an offense described by Section 43.261, Penal Code,
5269	5269	the person was not found to have engaged in conduct indicating a
5270	5270	need for supervision described by Section 51.03(b)(6), Family Code,
5271	5271	while the person was a child.
5272	5272	(h) After entry of an order under Subsection (g), the person
5273	5273	is released from all disabilities resulting from the conviction and
5274	5274	the conviction may not be shown or made known for any purpose.
5275	5275	(i) Records of a person younger than 17 years of age
5276	5276	relating to a complaint may be expunged under this article if:
5277	5277	(1) the complaint was dismissed under Subchapter G,
5278	5278	Article 45A.401, or other law; or
5279	5279	(2) the person was acquitted of the offense.
5280	5280	(j) The justice or municipal court shall require a person
5281	5281	who requests expunction under this article to pay a reimbursement
5282	5282	fee in the amount of $30 to defray the cost of notifying state
5283	5283	agencies of orders of expunction under this article.
5284	5284	(k) The procedures for expunction provided under this
5285	5285	article are separate and distinct from the expunction procedures
5286	5286	under Chapter 55A. (Code Crim. Proc., Art. 45.0216.)
5287	5287	Art. 45A.464. EXPUNCTION OF RECORDS RELATED TO FAILURE TO
5288	5288	ATTEND SCHOOL. (a) In this article, "truancy offense" means an
5289	5289	offense committed under the former Section 25.094, Education Code.
5290	5290	(b) An individual who has been convicted of a truancy
5291	5291	offense or has had a complaint for a truancy offense dismissed is
5292	5292	entitled to an expunction of the conviction or complaint and
5293	5293	records relating to the conviction or complaint.
5294	5294	(c) Regardless of whether the individual has filed a
5295	5295	petition for expunction, the court in which the individual was
5296	5296	convicted or a complaint for a truancy offense was filed shall order
5297	5297	the conviction, complaints, verdicts, sentences, and other
5298	5298	documents relating to the offense, including any documents in the
5299	5299	possession of a school district or law enforcement agency, to be
5300	5300	expunged from the individual's record.
5301	5301	(d) After entry of the order, the individual is released
5302	5302	from all disabilities resulting from the conviction or complaint,
5303	5303	and the conviction or complaint may not be shown or made known for any purpose. (Code Crim. Proc., Art. 45.0541.)
5304	5304	CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS
5305	5305	SUBCHAPTER A. MANDATORY EXPUNCTION
5306	5306	Art. 55A.001. APPLICABILITY OF SUBCHAPTER
5307	5307	Art. 55A.002. FOLLOWING TRIAL COURT ACQUITTAL
5308	5308	Art. 55A.003. PARDON FOR ACTUAL INNOCENCE
5309	5309	Art. 55A.004. PARDON FOR REASON OTHER THAN ACTUAL
5310	5310	INNOCENCE
5311	5311	Art. 55A.005. UNLAWFUL CARRYING OF HANDGUN
5312	5312	Art. 55A.006. MISTAKEN IDENTITY
5313	5313	SUBCHAPTER B. SPECIAL CIRCUMSTANCES REQUIRING MANDATORY
5314	5314	EXPUNCTION
5315	5315	Art. 55A.051. APPLICABILITY OF SUBCHAPTER
5316	5316	Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED
5317	5317	Art. 55A.053. INDICTMENT OR INFORMATION DISMISSED OR
5318	5318	QUASHED
5319	5319	Art. 55A.054. EXPIRATION OF LIMITATIONS PERIOD
5320	5320	SUBCHAPTER C. DISCRETIONARY EXPUNCTION
5321	5321	Art. 55A.101. APPELLATE COURT ACQUITTAL OR
5322	5322	RECOMMENDATION OF ATTORNEY
5323	5323	REPRESENTING STATE
5324	5324	SUBCHAPTER D. EXPUNCTION PROHIBITED
5325	5325	Art. 55A.151. CONVICTION OR POTENTIAL PROSECUTION
5326	5326	ARISING FROM SAME CRIMINAL EPISODE
5327	5327	Art. 55A.152. DRIVER'S LICENSE SUSPENSION OR
5328	5328	REVOCATION
5329	5329	Art. 55A.153. ARREST FOR VIOLATION OF COMMUNITY
5330	5330	SUPERVISION
5331	5331	Art. 55A.154. CERTAIN PERSONS ABSCONDING AFTER ARREST
5332	5332	SUBCHAPTER E. PROCEDURES FOR AUTOMATIC ENTRY OF EXPUNCTION ORDER
5333	5333	Art. 55A.201. TRIAL COURT ACQUITTAL
5334	5334	Art. 55A.202. PARDON FOR ACTUAL INNOCENCE
5335	5335	Art. 55A.203. CERTAIN SPECIALTY COURT PROGRAMS
5336	5336	Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
5337	5337	REGARDING EXPUNCTION ORDER
5338	5338	Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER
5339	5339	Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS
5340	5340	BY COURT
5341	5341	SUBCHAPTER F. GENERAL PROCEDURES FOR SEEKING ENTRY OF EXPUNCTION
5342	5342	ORDER
5343	5343	Art. 55A.251. FILING OF PETITION
5344	5344	Art. 55A.252. FILING CERTAIN PETITIONS IN JUSTICE OR
5345	5345	MUNICIPAL COURT
5346	5346	Art. 55A.253. CONTENTS OF PETITION
5347	5347	Art. 55A.254. HEARING; NOTICE
5348	5348	Art. 55A.255. ENTRY OF EXPUNCTION ORDER
5349	5349	Art. 55A.256. APPLICATION FOR EXPUNCTION BASED ON
5350	5350	MISTAKEN IDENTITY
5351	5351	Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE
5352	5352	PETITION ON PERSON'S BEHALF
5353	5353	Art. 55A.258. EXPUNCTION ON BEHALF OF DECEASED PERSON
5354	5354	SUBCHAPTER G. EXPUNCTION ORDER
5355	5355	Art. 55A.301. REQUIRED CONTENT
5356	5356	Art. 55A.302. RETENTION OF CERTAIN RECORDS AFTER
5357	5357	EXPUNCTION
5358	5358	Art. 55A.303. APPEAL
5359	5359	SUBCHAPTER H. NOTICE AND DISPOSITION OF RECORDS FOLLOWING
5360	5360	EXPUNCTION ORDER
5361	5361	Art. 55A.351. NOTICE OF EXPUNCTION ORDER
5362	5362	Art. 55A.352. DUTY OF DEPARTMENT OF PUBLIC SAFETY
5363	5363	Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS
5364	5364	Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
5365	5365	MISTAKEN IDENTITY
5366	5366	Art. 55A.355. PROVIDING EXPUNGED RECORDS TO PERSON WHO
5367	5367	IS SUBJECT OF EXPUNCTION
5368	5368	Art. 55A.356. INSPECTION AND DISPOSITION OF COURT'S
5369	5369	RECORDS CONCERNING EXPUNCTION
5370	5370	Art. 55A.357. RETENTION OF FINANCIAL TRANSACTION
5371	5371	RECORDS
5372	5372	SUBCHAPTER I. EFFECT OF EXPUNCTION ORDER
5373	5373	Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER
5374	5374	Art. 55A.402. OFFENSE FOR VIOLATION OF EXPUNCTION
5375	5375	ORDER
5376	5376	SUBCHAPTER J. NOTICE OF EXPUNCTION LAW
5377	5377	Art. 55A.451. NOTICE OF EXPUNCTION LAW TO PERSONS
5378	5378	RELEASED FOLLOWING ARREST
5379	5379	CHAPTER 55A. EXPUNCTION OF CRIMINAL RECORDS
5380	5380	SUBCHAPTER A. MANDATORY EXPUNCTION
5381	5381	Art. 55A.001. APPLICABILITY OF SUBCHAPTER. This subchapter
5382	5382	applies to a person who has been placed under a custodial or
5383	5383	noncustodial arrest for commission of a felony or misdemeanor.
5384	5384	(Code Crim. Proc., Art. 55.01(a) (part).)
5385	5385	Art. 55A.002. FOLLOWING TRIAL COURT ACQUITTAL. A person to
5386	5386	whom this subchapter applies is entitled to have all records and
5387	5387	files relating to the arrest expunged if the person is:
5388	5388	(1) tried for the offense for which the person was
5389	5389	arrested; and
5390	5390	(2) acquitted by the trial court, except as provided
5391	5391	by Article 55A.151. (Code Crim. Proc., Art. 55.01(a) (part).)
5392	5392	Art. 55A.003. PARDON FOR ACTUAL INNOCENCE. A person to whom
5393	5393	this subchapter applies is entitled to have all records and files
5394	5394	relating to the arrest expunged if:
5395	5395	(1) the person is:
5396	5396	(A) tried for and convicted of the offense for
5397	5397	which the person was arrested; and
5398	5398	(B) subsequently pardoned or otherwise granted
5399	5399	relief on the basis of actual innocence with respect to that
5400	5400	offense; and
5401	5401	(2) the applicable pardon or court order clearly
5402	5402	indicates on its face that the pardon or order was granted or issued
5403	5403	on the basis of the person's actual innocence. (Code Crim. Proc.,
5404	5404	Art. 55.01(a) (part).)
5405	5405	Art. 55A.004. PARDON FOR REASON OTHER THAN ACTUAL
5406	5406	INNOCENCE. A person to whom this subchapter applies is entitled to
5407	5407	have all records and files relating to the arrest expunged if the
5408	5408	person is:
5409	5409	(1) tried for and convicted of the offense for which
5410	5410	the person was arrested; and
5411	5411	(2) subsequently pardoned for that offense for a
5412	5412	reason other than that described by Article 55A.003. (Code Crim.
5413	5413	Proc., Art. 55.01(a) (part).)
5414	5414	Art. 55A.005. UNLAWFUL CARRYING OF HANDGUN. A person to
5415	5415	whom this subchapter applies is entitled to have all records and
5416	5416	files relating to the arrest expunged if:
5417	5417	(1) the person was tried for and convicted of the
5418	5418	offense for which the person was arrested; and
5419	5419	(2) the offense was committed before September 1,
5420	5420	2021, under Section 46.02(a), Penal Code, as that section existed
5421	5421	before that date. (Code Crim. Proc., Art. 55.01(a) (part).)
5422	5422	Art. 55A.006. MISTAKEN IDENTITY. Notwithstanding the
5423	5423	limitation provided by Article 55A.001, a person is entitled to
5424	5424	obtain the expunction of any information that identifies the
5425	5425	person, including the person's name, address, date of birth,
5426	5426	driver's license number, and social security number, contained in
5427	5427	records and files relating to the person's arrest or the arrest of
5428	5428	another person if:
5429	5429	(1) the expunction of identifying information is
5430	5430	sought with respect to the arrest of the person asserting the
5431	5431	entitlement and the person was arrested solely as a result of
5432	5432	identifying information that was inaccurate due to a clerical
5433	5433	error; or
5434	5434	(2) the expunction of identifying information is
5435	5435	sought with respect to the arrest of a person other than the person
5436	5436	asserting the entitlement and:
5437	5437	(A) the information identifying the person
5438	5438	asserting the entitlement was falsely given by the arrested person
5439	5439	as the arrested person's identifying information without the
5440	5440	consent of the person asserting the entitlement; and
5441	5441	(B) the only reason why the identifying
5442	5442	information of the person asserting the entitlement is contained in
5443	5443	the applicable arrest records and files is the deception of the
5444	5444	arrested person. (Code Crim. Proc., Art. 55.01(d); New.)
5445	5445	SUBCHAPTER B. SPECIAL CIRCUMSTANCES REQUIRING MANDATORY
5446	5446	EXPUNCTION
5447	5447	Art. 55A.051. APPLICABILITY OF SUBCHAPTER. This subchapter
5448	5448	applies to a person who has been placed under a custodial or
5449	5449	noncustodial arrest for commission of a felony or misdemeanor if:
5450	5450	(1) the person has been released;
5451	5451	(2) the charge, if any, has not resulted in a final
5452	5452	conviction and is no longer pending; and
5453	5453	(3) there was no court-ordered community supervision
5454	5454	under Chapter 42A for the offense, other than for a Class C
5455	5455	misdemeanor. (Code Crim. Proc., Art. 55.01(a) (part).)
5456	5456	Art. 55A.052. INDICTMENT OR INFORMATION NOT PRESENTED. (a)
5457	5457	A person to whom this subchapter applies is entitled to have all
5458	5458	records and files relating to the arrest expunged if an indictment
5459	5459	or information charging the person with the commission of a
5460	5460	misdemeanor offense based on the person's arrest or charging the
5461	5461	person with the commission of any felony offense arising out of the
5462	5462	same transaction for which the person was arrested has not been
5463	5463	presented against the person at any time following the arrest and
5464	5464	if:
5465	5465	(1) at least 180 days have elapsed from the date of
5466	5466	arrest if the arrest for which the expunction was sought was for an
5467	5467	offense punishable as a Class C misdemeanor and there was no felony
5468	5468	charge arising out of the same transaction for which the person was
5469	5469	arrested;
5470	5470	(2) at least one year has elapsed from the date of
5471	5471	arrest if the arrest for which the expunction was sought was for an
5472	5472	offense punishable as a Class B or A misdemeanor and there was no
5473	5473	felony charge arising out of the same transaction for which the
5474	5474	person was arrested;
5475	5475	(3) at least three years have elapsed from the date of
5476	5476	arrest if the arrest for which the expunction was sought was for an
5477	5477	offense punishable as a felony or there was a felony charge arising
5478	5478	out of the same transaction for which the person was arrested; or
5479	5479	(4) the attorney representing the state certifies that
5480	5480	the applicable arrest records and files are not needed for use in
5481	5481	any criminal investigation or prosecution, including an
5482	5482	investigation or prosecution of another person.
5483	5483	(b) A person is entitled to an expunction under this article
5484	5484	regardless of whether any statute of limitations exists for the
5485	5485	offense and whether any limitations period for the offense has
5486	5486	expired. (Code Crim. Proc., Art. 55.01(a) (part).)
5487	5487	Art. 55A.053. INDICTMENT OR INFORMATION DISMISSED OR
5488	5488	QUASHED. (a) A person to whom this subchapter applies is entitled
5489	5489	to have all records and files relating to the arrest expunged if:
5490	5490	(1) an indictment or information charging the person
5491	5491	with the commission of a misdemeanor offense based on the person's
5492	5492	arrest or charging the person with the commission of any felony
5493	5493	offense arising out of the same transaction for which the person was
5494	5494	arrested, when presented at any time following the arrest, was
5495	5495	dismissed or quashed; and
5496	5496	(2) the court finds that the indictment or information
5497	5497	was dismissed or quashed because:
5498	5498	(A) the person completed a veterans treatment
5499	5499	court program created under Chapter 124, Government Code, or former
5500	5500	law, subject to Subsection (b);
5501	5501	(B) the person completed a mental health court
5502	5502	program created under Chapter 125, Government Code, or former law,
5503	5503	subject to Subsection (c);
5504	5504	(C) the person completed a pretrial intervention
5505	5505	program authorized under Section 76.011, Government Code, other
5506	5506	than a program described by Paragraph (A) or (B);
5507	5507	(D) the presentment of the indictment or
5508	5508	information was made because of mistake, false information, or
5509	5509	other similar reason indicating absence of probable cause at the
5510	5510	time of the dismissal to believe the person committed the offense;
5511	5511	or
5512	5512	(E) the indictment or information was void.
5513	5513	(b) A person is eligible under Subsection (a)(2)(A) for an
5514	5514	expunction of arrest records and files only if the person:
5515	5515	(1) has not previously received an expunction under
5516	5516	that paragraph; and
5517	5517	(2) submits to the court an affidavit attesting to
5518	5518	that fact.
5519	5519	(c) A person is eligible under Subsection (a)(2)(B) for an
5520	5520	expunction of arrest records and files only if the person:
5521	5521	(1) has not previously received an expunction under
5522	5522	that paragraph; and
5523	5523	(2) submits to the court an affidavit attesting to
5524	5524	that fact.
5525	5525	(d) A person is entitled to an expunction under this article
5526	5526	regardless of whether any statute of limitations exists for the
5527	5527	offense and whether any limitations period for the offense has
5528	5528	expired. (Code Crim. Proc., Arts. 55.01(a) (part), (a-3), (a-4).)
5529	5529	Art. 55A.054. EXPIRATION OF LIMITATIONS PERIOD. A person
5530	5530	to whom this subchapter applies is entitled to have all records and
5531	5531	files relating to the arrest expunged if prosecution of the person
5532	5532	for the offense for which the person was arrested is no longer
5533	5533	possible because the limitations period has expired. (Code Crim.
5534	5534	Proc., Art. 55.01(a) (part).)
5535	5535	SUBCHAPTER C. DISCRETIONARY EXPUNCTION
5536	5536	Art. 55A.101. APPELLATE COURT ACQUITTAL OR RECOMMENDATION
5537	5537	OF ATTORNEY REPRESENTING STATE. (a) Except as provided by Article
5538	5538	55A.151 and subject to Subsection (b), a district court, a justice
5539	5539	court, or a municipal court of record may expunge all records and
5540	5540	files relating to the arrest of a person if:
5541	5541	(1) the person is:
5542	5542	(A) tried for the offense for which the person
5543	5543	was arrested;
5544	5544	(B) convicted of the offense; and
5545	5545	(C) acquitted by the court of criminal appeals
5546	5546	or, if the period for granting a petition for discretionary review
5547	5547	has expired, by a court of appeals; or
5548	5548	(2) an office of the attorney representing the state
5549	5549	authorized by law to prosecute the offense for which the person was
5550	5550	arrested recommends the expunction to the court before the person
5551	5551	is tried for the offense, regardless of whether an indictment or
5552	5552	information has been presented against the person with respect to
5553	5553	the offense.
5554	5554	(b) A justice court or a municipal court of record may only
5555	5555	expunge records and files under Subsection (a) that relate to the
5556	5556	arrest of a person for an offense punishable by fine only. (Code
5557	5557	Crim. Proc., Arts. 55.01(b), (b-1).)
5558	5558	SUBCHAPTER D. EXPUNCTION PROHIBITED
5559	5559	Art. 55A.151. CONVICTION OR POTENTIAL PROSECUTION ARISING
5560	5560	FROM SAME CRIMINAL EPISODE. A court may not order the expunction of
5561	5561	records and files relating to an arrest for an offense for which a
5562	5562	person is subsequently acquitted, whether by the trial court, a
5563	5563	court of appeals, or the court of criminal appeals, if the offense
5564	5564	for which the person was acquitted arose out of a criminal episode,
5565	5565	as defined by Section 3.01, Penal Code, and the person was convicted
5566	5566	of or remains subject to prosecution for at least one other offense
5567	5567	occurring during the criminal episode. (Code Crim. Proc., Art.
5568	5568	55.01(c).)
5569	5569	Art. 55A.152. DRIVER'S LICENSE SUSPENSION OR REVOCATION.
5570	5570	Records relating to the suspension or revocation of a driver's
5571	5571	license, permit, or privilege to operate a motor vehicle may not be
5572	5572	expunged under this chapter except as provided by Section 524.015
5573	5573	or 724.048, Transportation Code. (Code Crim. Proc., Art. 55.06.)
5574	5574	Art. 55A.153. ARREST FOR VIOLATION OF COMMUNITY
5575	5575	SUPERVISION. Notwithstanding any provision of Subchapter A, B, or
5576	5576	C, a person may not expunge records and files relating to an arrest
5577	5577	that occurs pursuant to a warrant issued under Article 42A.751(b).
5578	5578	(Code Crim. Proc., Art. 55.01(a-1).)
5579	5579	Art. 55A.154. CERTAIN PERSONS ABSCONDING AFTER ARREST.
5580	5580	Notwithstanding any provision of Subchapter A, B, or C, a person who
5581	5581	intentionally or knowingly absconds from the jurisdiction after
5582	5582	being released under Chapter 17 following an arrest is not eligible
5583	5583	under Article 55A.052(a)(1), (2), or (3) or 55A.054 for an
5584	5584	expunction of the records and files relating to that arrest. (Code
5585	5585	Crim. Proc., Art. 55.01(a-2).)
5586	5586	SUBCHAPTER E. PROCEDURES FOR AUTOMATIC ENTRY OF EXPUNCTION ORDER
5587	5587	Art. 55A.201. TRIAL COURT ACQUITTAL. (a) At the request of
5588	5588	the acquitted person and after notice to the state, or at the
5589	5589	request of the attorney representing the state with the consent of
5590	5590	the acquitted person, an expunction order shall be entered, not
5591	5591	later than the 30th day after the date of the acquittal, for a
5592	5592	person entitled to expunction under Article 55A.002 by:
5593	5593	(1) the trial court presiding over the case in which
5594	5594	the person was acquitted, if the court is:
5595	5595	(A) a district court;
5596	5596	(B) a justice court; or
5597	5597	(C) a municipal court of record; or
5598	5598	(2) a district court in the county in which the trial
5599	5599	court is located.
5600	5600	(b) On acquittal, the trial court shall advise the acquitted
5601	5601	person of the right to expunction.
5602	5602	(c) The party requesting the expunction order shall provide
5603	5603	to the court all of the information required in a petition for
5604	5604	expunction under Article 55A.253.
5605	5605	(d) An expunction order under this article shall be prepared
5606	5606	for the court's signature by:
5607	5607	(1) the attorney for the acquitted person in the case
5608	5608	in which the person was acquitted, if the acquitted person was
5609	5609	represented by an attorney; or
5610	5610	(2) the attorney representing the state, if the person
5611	5611	was not represented by an attorney or if the attorney representing
5612	5612	the state requested the order. (Code Crim. Proc., Art. 55.02, Sec.
5613	5613	1.)
5614	5614	Art. 55A.202. PARDON FOR ACTUAL INNOCENCE. (a) In a case in
5615	5615	which a person is entitled to expunction under Article 55A.003, an
5616	5616	expunction order shall be entered, not later than the 30th day after
5617	5617	the date the court receives notice of the applicable pardon or other
5618	5618	grant of relief, for the person by:
5619	5619	(1) the trial court presiding over the case, if the
5620	5620	court is:
5621	5621	(A) a district court;
5622	5622	(B) a justice court; or
5623	5623	(C) a municipal court of record; or
5624	5624	(2) a district court in the county in which the trial
5625	5625	court is located.
5626	5626	(b) The person described by Subsection (a) shall provide to
5627	5627	the court all of the information required in a petition for
5628	5628	expunction under Article 55A.253. (Code Crim. Proc., Art. 55.02,
5629	5629	Sec. 1a(a).)
5630	5630	Art. 55A.203. CERTAIN SPECIALTY COURT PROGRAMS. (a) A
5631	5631	trial court that is a district court or a district court in the
5632	5632	county in which the trial court is located may, with the consent of
5633	5633	the attorney representing the state, enter an expunction order for
5634	5634	a person entitled to expunction under Article 55A.053(a)(2)(A) not
5635	5635	later than the 30th day after the date the court, as applicable:
5636	5636	(1) dismisses the case following the person's
5637	5637	successful completion of a veterans treatment court program created
5638	5638	under Chapter 124, Government Code, or former law; or
5639	5639	(2) receives the information regarding the dismissal.
5640	5640	(b) A trial court that is a district court or a district
5641	5641	court in the county in which the trial court is located may, with
5642	5642	the consent of the attorney representing the state, enter an
5643	5643	expunction order for a person entitled to expunction under Article
5644	5644	55A.053(a)(2)(B) not later than the 30th day after the date the
5645	5645	court, as applicable:
5646	5646	(1) dismisses the case following the person's
5647	5647	successful completion of a mental health court program created
5648	5648	under Chapter 125, Government Code, or former law; or
5649	5649	(2) receives the information regarding the dismissal.
5650	5650	(c) Notwithstanding any other law, a court that enters an
5651	5651	expunction order under this article may not charge any fee or assess
5652	5652	any cost for the expunction. (Code Crim. Proc., Art. 55.02, Secs.
5653	5653	1a(a-1), (a-2).)
5654	5654	Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
5655	5655	REGARDING EXPUNCTION ORDER. The attorney representing the state
5656	5656	shall prepare an expunction order under Article 55A.202 or 55A.203
5657	5657	for the court's signature and notify the Texas Department of
5658	5658	Criminal Justice if the person who is the subject of the order is in
5659	5659	the custody of the department. (Code Crim. Proc., Art. 55.02, Sec.
5660	5660	1a(b).)
5661	5661	Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an
5662	5662	expunction order entered under Article 55A.202 or 55A.203, the
5663	5663	court shall:
5664	5664	(1) provide a listing of each official, agency, or
5665	5665	other entity of this state or political subdivision of this state
5666	5666	and each private entity that there is reason to believe has any
5667	5667	record or file that is subject to the order; and
5668	5668	(2) require that:
5669	5669	(A) the Texas Department of Criminal Justice send
5670	5670	to the court any documents delivered to the department under
5671	5671	Section 8(a), Article 42.09; and
5672	5672	(B) the Department of Public Safety and the Texas
5673	5673	Department of Criminal Justice delete or redact, as appropriate,
5674	5674	from their public records all index references to the records and
5675	5675	files that are subject to the expunction order. (Code Crim. Proc.,
5676	5676	Art. 55.02, Sec. 1a(c).)
5677	5677	Art. 55A.206. REQUIRED RETENTION OF CERTAIN DOCUMENTS BY
5678	5678	COURT. The court shall retain any documents sent to the court under
5679	5679	Article 55A.205(2)(A) until the limitations period has expired for
5680	5680	any civil case or proceeding relating to the wrongful imprisonment
5681	5681	of the person who is the subject of the expunction order. (Code
5682	5682	Crim. Proc., Art. 55.02, Sec. 1a(d).)
5683	5683	SUBCHAPTER F. GENERAL PROCEDURES FOR SEEKING ENTRY OF EXPUNCTION
5684	5684	ORDER
5685	5685	Art. 55A.251. FILING OF PETITION. A person who is entitled
5686	5686	to expunction of records and files under Article 55A.002, 55A.004,
5687	5687	or 55A.005 or Subchapter B, or a person who is eligible for
5688	5688	expunction of records and files under Article 55A.101, may, subject
5689	5689	to Article 55A.252, file an ex parte petition for expunction in a
5690	5690	district court for the county in which:
5691	5691	(1) the petitioner was arrested; or
5692	5692	(2) the offense was alleged to have occurred. (Code
5693	5693	Crim. Proc., Art. 55.02, Sec. 2(a); New.)
5694	5694	Art. 55A.252. FILING CERTAIN PETITIONS IN JUSTICE OR
5695	5695	MUNICIPAL COURT. If the arrest for which expunction is sought is
5696	5696	for an offense punishable by fine only, a person who is entitled to
5697	5697	expunction of records and files under Article 55A.002, 55A.003,
5698	5698	55A.004, or 55A.005 or Subchapter B, or a person who is eligible for
5699	5699	expunction of records and files under Article 55A.101(a) may file
5700	5700	an ex parte petition for expunction in a justice court or a
5701	5701	municipal court of record in the county in which:
5702	5702	(1) the petitioner was arrested; or
5703	5703	(2) the offense was alleged to have occurred. (Code
5704	5704	Crim. Proc., Art. 55.02, Sec. 2(a-1).)
5705	5705	Art. 55A.253. CONTENTS OF PETITION. An ex parte petition
5706	5706	filed under Article 55A.251, 55A.252, or 55A.257 must be verified
5707	5707	and must include, with respect to the person who is the subject of
5708	5708	the petition, the following or an explanation for why one or more of
5709	5709	the following is not included:
5710	5710	(1) the person's:
5711	5711	(A) full name;
5712	5712	(B) sex;
5713	5713	(C) race;
5714	5714	(D) date of birth;
5715	5715	(E) driver's license number;
5716	5716	(F) social security number; and
5717	5717	(G) address at the time of the arrest;
5718	5718	(2) the offense charged;
5719	5719	(3) the date the offense charged was alleged to have
5720	5720	been committed;
5721	5721	(4) the date of arrest;
5722	5722	(5) the name of the county of arrest and if the arrest
5723	5723	occurred in a municipality, the name of the municipality;
5724	5724	(6) the name of the arresting agency;
5725	5725	(7) the case number and court of offense; and
5726	5726	(8) together with the applicable physical or e-mail
5727	5727	addresses, a list of all:
5728	5728	(A) law enforcement agencies, jails or other
5729	5729	detention facilities, magistrates, courts, attorneys representing
5730	5730	the state, correctional facilities, central state depositories of
5731	5731	criminal records, and other officials or agencies or other entities
5732	5732	of this state or of any political subdivision of this state;
5733	5733	(B) central federal depositories of criminal
5734	5734	records that the person who is the subject of the petition has
5735	5735	reason to believe have records or files that are subject to
5736	5736	expunction; and
5737	5737	(C) private entities that compile and
5738	5738	disseminate for compensation criminal history record information
5739	5739	that the person who is the subject of the petition has reason to
5740	5740	believe have information related to records or files that are
5741	5741	subject to expunction. (Code Crim. Proc., Art. 55.02, Secs. 2(b),
5742	5742	(f).)
5743	5743	Art. 55A.254. HEARING; NOTICE. (a) The court shall set a
5744	5744	hearing on an ex parte petition for expunction not earlier than 30
5745	5745	days from the filing of the petition and shall give to each official
5746	5746	or agency or other governmental entity named in the petition
5747	5747	reasonable notice of the hearing by:
5748	5748	(1) certified mail, return receipt requested; or
5749	5749	(2) secure electronic mail, electronic transmission,
5750	5750	or facsimile transmission.
5751	5751	(b) An entity described by Subsection (a) may be represented
5752	5752	by the attorney responsible for providing the entity with legal
5753	5753	representation in other matters.
5754	5754	(c) Any returned receipts received by the clerk from notices
5755	5755	of the hearing shall be maintained in the file on the proceedings
5756	5756	under Article 55A.356(b). (Code Crim. Proc., Art. 55.02, Secs.
5757	5757	2(c), (c-1); Sec. 3(d) (part).)
5758	5758	Art. 55A.255. ENTRY OF EXPUNCTION ORDER. If the court
5759	5759	finds that the person who is the subject of an ex parte petition
5760	5760	filed under Article 55A.251, 55A.252, or 55A.257 is entitled to
5761	5761	expunction of any records and files that are the subject of the
5762	5762	petition, the court shall enter an order directing expunction.
5763	5763	(Code Crim. Proc., Art. 55.02, Sec. 2(d).)
5764	5764	Art. 55A.256. APPLICATION FOR EXPUNCTION BASED ON MISTAKEN
5765	5765	IDENTITY. (a) A person who is entitled to the expunction of
5766	5766	information contained in records and files under Article 55A.006
5767	5767	may file an application for expunction with the attorney
5768	5768	representing the state in the prosecution of felonies in the county
5769	5769	in which the person resides.
5770	5770	(b) The application must be verified, include authenticated
5771	5771	fingerprint records of the applicant, and include the following or
5772	5772	an explanation for why one or more of the following is not included:
5773	5773	(1) the applicant's:
5774	5774	(A) full name;
5775	5775	(B) sex;
5776	5776	(C) race;
5777	5777	(D) date of birth;
5778	5778	(E) driver's license number;
5779	5779	(F) social security number; and
5780	5780	(G) address at the time of the applicable arrest;
5781	5781	(2) the following information regarding the arrest:
5782	5782	(A) the date of arrest;
5783	5783	(B) the offense charged against the person
5784	5784	arrested;
5785	5785	(C) the name of the county or municipality in
5786	5786	which the arrest occurred; and
5787	5787	(D) the name of the arresting agency; and
5788	5788	(3) a statement, as appropriate, that the applicant:
5789	5789	(A) was arrested solely as a result of
5790	5790	identifying information that was inaccurate due to a clerical
5791	5791	error; or
5792	5792	(B) is not the person arrested and for whom the
5793	5793	arrest records and files were created and did not give the arrested
5794	5794	person consent to falsely identify himself or herself as the
5795	5795	applicant.
5796	5796	(c) After verifying the allegations in the application, the
5797	5797	attorney representing the state shall:
5798	5798	(1) include on the application information regarding
5799	5799	the arrest that was requested of the applicant but was unknown by
5800	5800	the applicant;
5801	5801	(2) forward a copy of the application to the district
5802	5802	court for the county;
5803	5803	(3) together with the applicable physical or e-mail
5804	5804	addresses, attach to the copy a list of all:
5805	5805	(A) law enforcement agencies, jails or other
5806	5806	detention facilities, magistrates, courts, attorneys representing
5807	5807	the state, correctional facilities, central state depositories of
5808	5808	criminal records, and other officials or agencies or other entities
5809	5809	of this state or of any political subdivision of this state;
5810	5810	(B) central federal depositories of criminal
5811	5811	records that are reasonably likely to have records or files
5812	5812	containing information that is subject to expunction; and
5813	5813	(C) private entities that compile and
5814	5814	disseminate for compensation criminal history record information
5815	5815	that are reasonably likely to have records or files containing
5816	5816	information that is subject to expunction; and
5817	5817	(4) request the court to enter an order directing
5818	5818	expunction based on an entitlement to expunction under Article
5819	5819	55A.006.
5820	5820	(d) On receipt of a request under Subsection (c), the court
5821	5821	shall, without holding a hearing on the matter, enter a final order
5822	5822	directing expunction. (Code Crim. Proc., Art. 55.02, Sec. 2a.)
5823	5823	Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
5824	5824	ON PERSON'S BEHALF. The director of the Department of Public
5825	5825	Safety or the director's authorized representative may file on
5826	5826	behalf of a person described by Article 55A.251 or 55A.256 an ex
5827	5827	parte petition for expunction in a district court for the county in
5828	5828	which:
5829	5829	(1) the person was arrested; or
5830	5830	(2) the offense was alleged to have occurred. (Code
5831	5831	Crim. Proc., Art. 55.02, Sec. 2(e).)
5832	5832	Art. 55A.258. EXPUNCTION ON BEHALF OF DECEASED PERSON. (a)
5833	5833	In this article, "close relative of a deceased person" means the
5834	5834	grandparent, parent, spouse, or adult brother, sister, or child of
5835	5835	a deceased person.
5836	5836	(b) A close relative of a deceased person who, if not
5837	5837	deceased, would be entitled to expunction of records and files
5838	5838	under Subchapter A, B, or C may file on behalf of the deceased
5839	5839	person an ex parte petition for expunction under Article 55A.251 or
5840	5840	55A.252 or an application for expunction under Article 55A.256, as
5841	5841	applicable. If the court finds that the deceased person would be
5842	5842	entitled to expunction of any record or file that is the subject of
5843	5843	the petition, the court shall enter an order directing expunction.
5844	5844	(Code Crim. Proc., Art. 55.011.)
5845	5845	SUBCHAPTER G. EXPUNCTION ORDER
5846	5846	Art. 55A.301. REQUIRED CONTENT. (a) An expunction order
5847	5847	entered by a court under Subchapter E or F must have attached and
5848	5848	incorporate by reference a copy of the judgment of acquittal, if
5849	5849	any, and must include:
5850	5850	(1) the following information on the person who is the
5851	5851	subject of the expunction order:
5852	5852	(A) full name;
5853	5853	(B) sex;
5854	5854	(C) race;
5855	5855	(D) date of birth;
5856	5856	(E) driver's license number; and
5857	5857	(F) social security number;
5858	5858	(2) the offense charged against the person who is the
5859	5859	subject of the expunction order, if any;
5860	5860	(3) the date of the applicable arrest;
5861	5861	(4) the case number and court of offense, if any; and
5862	5862	(5) the incident number assigned to the individual
5863	5863	incident of arrest under Article 66.251(b)(1) by the Department of
5864	5864	Public Safety.
5865	5865	(b) An expunction order issued by a court under Subchapter E
5866	5866	or F must require any state agency that sent information concerning
5867	5867	the arrest to a central federal depository to request the
5868	5868	depository to return all records and files subject to the order.
5869	5869	(Code Crim. Proc., Art. 55.02, Secs. 3(a) (part), (b).)
5870	5870	Art. 55A.302. RETENTION OF CERTAIN RECORDS AFTER
5871	5871	EXPUNCTION. (a) If the state establishes that the person who is
5872	5872	the subject of an expunction order is still subject to conviction
5873	5873	for an offense arising out of the transaction for which the person
5874	5874	was arrested because the limitations period has not expired and
5875	5875	there is reasonable cause to believe that the state may proceed
5876	5876	against the person for the offense, the court may provide in the
5877	5877	order that the law enforcement agency and the attorney representing
5878	5878	the state responsible for investigating the offense retain any
5879	5879	records and files that are necessary to the investigation.
5880	5880	(b) In the case of a person who is the subject of an
5881	5881	expunction order on the basis of an acquittal, the court may provide
5882	5882	in the expunction order that the law enforcement agency and the
5883	5883	attorney representing the state retain records and files if:
5884	5884	(1) the records and files are necessary to conduct a
5885	5885	subsequent investigation and prosecution of a person other than the
5886	5886	person who is the subject of the expunction order; or
5887	5887	(2) the state establishes that the records and files
5888	5888	are necessary for use in:
5889	5889	(A) another criminal case, including a
5890	5890	prosecution, motion to adjudicate or revoke community supervision,
5891	5891	parole revocation hearing, mandatory supervision revocation
5892	5892	hearing, punishment hearing, or bond hearing; or
5893	5893	(B) a civil case, including a civil suit or suit
5894	5894	for possession of or access to a child.
5895	5895	(c) The court shall provide in the expunction order that the
5896	5896	applicable law enforcement agency and attorney representing the
5897	5897	state may retain the arrest records and files of any person who
5898	5898	becomes entitled to an expunction of those records and files based
5899	5899	on the expiration of a period described by Article 55A.052(a)(1),
5900	5900	(2), or (3), but without the certification of the attorney
5901	5901	representing the state as described by Article 55A.052(a)(4).
5902	5902	(d) Articles 55A.401 and 55A.402 apply to records and files
5903	5903	retained under this article unless:
5904	5904	(1) the person who is the subject of the expunction
5905	5905	order is again arrested for or charged with an offense arising out
5906	5906	of the transaction for which the person was arrested; or
5907	5907	(2) the court provides for the retention of records
5908	5908	and files under Subsection (b) or (c). (Code Crim. Proc., Art.
5909	5909	55.02, Sec. 4.)
5910	5910	Art. 55A.303. APPEAL. A person who is the subject of an
5911	5911	expunction order issued under Subchapter E or F or an agency
5912	5912	protesting the expunction may appeal the court's decision in the
5913	5913	same manner as in other civil cases. (Code Crim. Proc., Art. 55.02,
5914	5914	Sec. 3(a) (part).)
5915	5915	SUBCHAPTER H. NOTICE AND DISPOSITION OF RECORDS FOLLOWING
5916	5916	EXPUNCTION ORDER
5917	5917	Art. 55A.351. NOTICE OF EXPUNCTION ORDER. (a) When an
5918	5918	expunction order issued under Subchapter E or F is final, the clerk
5919	5919	of the court shall send a certified copy of the order to the Crime
5920	5920	Records Service of the Department of Public Safety and to each
5921	5921	official or agency or other governmental entity of this state or of
5922	5922	any political subdivision of this state named in the order.
5923	5923	(b) The certified copy of the order must be sent by secure
5924	5924	electronic mail, electronic transmission, or facsimile
5925	5925	transmission or otherwise by certified mail, return receipt
5926	5926	requested.
5927	5927	(c) In sending the order under Subsection (a) to a
5928	5928	governmental entity named in the order, the clerk may elect to
5929	5929	substitute hand delivery for certified mail, but the clerk must
5930	5930	receive a receipt for that hand-delivered order.
5931	5931	(d) Any returned receipts received by the clerk from copies
5932	5932	of the order shall be maintained in the file on the proceedings
5933	5933	under Article 55A.356(b). (Code Crim. Proc., Art. 55.02, Secs.
5934	5934	3(c), (d) (part).)
5935	5935	Art. 55A.352. DUTY OF DEPARTMENT OF PUBLIC SAFETY. (a) In
5936	5936	this article, "department" means the Department of Public Safety.
5937	5937	(b) The department shall notify any central federal
5938	5938	depository of criminal records by any means, including secure
5939	5939	electronic mail, electronic transmission, or facsimile
5940	5940	transmission, of an order received under Article 55A.351(a) with an
5941	5941	explanation of the effect of the order and a request that the
5942	5942	depository, as appropriate, either:
5943	5943	(1) destroy or return to the court the records in
5944	5944	possession of the depository that are subject to the order,
5945	5945	including any information with respect to the order; or
5946	5946	(2) comply with Article 55A.354 pertaining to
5947	5947	information contained in records and files of a person entitled to
5948	5948	expunction under Article 55A.006.
5949	5949	(c) The department shall provide, by secure electronic
5950	5950	mail, electronic transmission, or facsimile transmission, notice
5951	5951	of the order to any private entity that is named in the order or that
5952	5952	purchases criminal history record information from the department.
5953	5953	(d) The notice under Subsection (c) must include an
5954	5954	explanation of the effect of the order and a request that the
5955	5955	private entity destroy any information in the possession of the
5956	5956	entity that is subject to the order.
5957	5957	(e) The department may charge to a private entity that
5958	5958	purchases criminal history record information from the department a
5959	5959	fee in an amount sufficient to recover costs incurred by the
5960	5960	department in providing notice under Subsection (c). (Code Crim.
5961	5961	Proc., Art. 55.02, Secs. 3(c-1), (c-2); New.)
5962	5962	Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
5963	5963	provided by Articles 55A.354 and 55A.357, on receipt of an
5964	5964	expunction order issued under Subchapter E or F, each official or
5965	5965	agency or other governmental entity named in the order shall:
5966	5966	(1) as appropriate:
5967	5967	(A) return all records and files that are subject
5968	5968	to the expunction order to the court; or
5969	5969	(B) in cases other than those described by
5970	5970	Articles 55A.202 and 55A.203, if removal is impracticable,
5971	5971	obliterate all portions of the record or file that identify the
5972	5972	person who is the subject of the order and notify the court of the
5973	5973	action; and
5974	5974	(2) delete from the named entity's public records all
5975	5975	index references to the records and files that are subject to the
5976	5976	expunction order. (Code Crim. Proc., Art. 55.02, Sec. 5(a).)
5977	5977	Art. 55A.354. DISPOSITION OF RECORDS EXPUNGED DUE TO
5978	5978	MISTAKEN IDENTITY. On receipt of an order granting expunction to a
5979	5979	person entitled to expunction under Article 55A.006, each official,
5980	5980	agency, or other governmental entity named in the order:
5981	5981	(1) shall:
5982	5982	(A) obliterate all portions of the record or file
5983	5983	that identify the person who is the subject of the order; and
5984	5984	(B) if applicable, substitute for all
5985	5985	obliterated portions of the record or file any available
5986	5986	information that identifies the person arrested; and
5987	5987	(2) may not return the record or file or delete index
5988	5988	references to the record or file. (Code Crim. Proc., Art. 55.02,
5989	5989	Sec. 5(f).)
5990	5990	Art. 55A.355. PROVIDING EXPUNGED RECORDS TO PERSON WHO IS
5991	5991	SUBJECT OF EXPUNCTION. (a) The court may give the person who is the
5992	5992	subject of an expunction order all records and files returned to the
5993	5993	court pursuant to the order.
5994	5994	(b) This article does not apply to a person who is the
5995	5995	subject of an expunction order on the basis of:
5996	5996	(1) an acquittal; or
5997	5997	(2) an entitlement under Article 55A.006. (Code Crim.
5998	5998	Proc., Art. 55.02, Sec. 5(b).)
5999	5999	Art. 55A.356. INSPECTION AND DISPOSITION OF COURT'S RECORDS
6000	6000	CONCERNING EXPUNCTION. (a) Except in the case of a person who is
6001	6001	the subject of an expunction order based on an entitlement under
6002	6002	Article 55A.006 and except as provided by Article 55A.357, if an
6003	6003	expunction order is issued under Subchapter E or F, the court
6004	6004	records concerning expunction proceedings are not open for
6005	6005	inspection by any person except the person who is the subject of the
6006	6006	order unless:
6007	6007	(1) the order permits retention of a record under
6008	6008	Article 55A.302 and the person is again arrested for or charged with
6009	6009	an offense arising out of the transaction for which the person was
6010	6010	arrested; or
6011	6011	(2) the court provides for the retention of records
6012	6012	and files under Article 55A.302(a).
6013	6013	(b) The clerk of the court issuing the order shall
6014	6014	obliterate all public references to the proceeding and maintain the
6015	6015	files or other records in an area not open to inspection.
6016	6016	(c) Except in the case of a person who is the subject of an
6017	6017	expunction order on the basis of an acquittal or an expunction order
6018	6018	based on an entitlement under Article 55A.006 and except as
6019	6019	provided by Article 55A.357, the clerk of the court shall destroy
6020	6020	all the files or other records maintained under Subsection (b) not
6021	6021	earlier than the 60th day after the date the order is issued or
6022	6022	later than the first anniversary of that date, unless the records or
6023	6023	files were released under Article 55A.355.
6024	6024	(d) Not later than the 30th day before the date on which the
6025	6025	clerk destroys files or other records under Subsection (c), the
6026	6026	clerk shall provide notice by mail, electronic mail, or facsimile
6027	6027	transmission to the attorney representing the state in the
6028	6028	expunction proceeding. If the attorney representing the state in
6029	6029	the expunction proceeding objects to the destruction not later than
6030	6030	the 20th day after receiving notice under this subsection, the
6031	6031	clerk may not destroy the files or other records until the first
6032	6032	anniversary of the date the expunction order is issued or the first
6033	6033	business day after that date.
6034	6034	(e) The clerk shall certify to the court the destruction of
6035	6035	files or other records under Subsection (c). (Code Crim. Proc.,
6036	6036	Art. 55.02, Secs. 5(c), (d), (d-1), (e).)
6037	6037	Art. 55A.357. RETENTION OF FINANCIAL TRANSACTION RECORDS.
6038	6038	(a) Notwithstanding Articles 55A.353, 55A.354, 55A.355, and
6039	6039	55A.356 and in accordance with internal financial control
6040	6040	procedures, an official, agency, court, or other entity may retain
6041	6041	receipts, invoices, vouchers, or similar records of financial
6042	6042	transactions that arose from an expunction proceeding or
6043	6043	prosecution of the underlying criminal action.
6044	6044	(b) An official, agency, court, or other entity that retains
6045	6045	records under this article shall obliterate all portions of the
6046	6046	record or file that identify the person who is the subject of the
6047	6047	expunction order. (Code Crim. Proc., Art. 55.02, Sec. 5(g).)
6048	6048	SUBCHAPTER I. EFFECT OF EXPUNCTION ORDER
6049	6049	Art. 55A.401. EFFECT OF FINAL EXPUNCTION ORDER. When an
6050	6050	expunction order issued under Subchapter E or F is final:
6051	6051	(1) the release, maintenance, dissemination, or use of
6052	6052	the expunged records and files for any purpose is prohibited;
6053	6053	(2) except as provided by Subdivision (3), the person
6054	6054	arrested may deny the occurrence of the arrest and the existence of
6055	6055	the expunction order; and
6056	6056	(3) the person arrested or any other person, when
6057	6057	questioned under oath in a criminal proceeding about an arrest for
6058	6058	which the records have been expunged, may state only that the matter
6059	6059	in question has been expunged. (Code Crim. Proc., Art. 55.03.)
6060	6060	Art. 55A.402. OFFENSE FOR VIOLATION OF EXPUNCTION ORDER.
6061	6061	(a) A person commits an offense if the person:
6062	6062	(1) learns of an arrest while an officer or employee of
6063	6063	the state or of any agency or other entity of the state or any
6064	6064	political subdivision of the state;
6065	6065	(2) knows of an order expunging the records and files
6066	6066	relating to that arrest; and
6067	6067	(3) knowingly releases, disseminates, or otherwise
6068	6068	uses the records or files.
6069	6069	(b) A person commits an offense if the person knowingly
6070	6070	fails to return or to obliterate identifying portions of a record or
6071	6071	file ordered expunged under this chapter.
6072	6072	(c) An offense under this article is a Class B misdemeanor.
6073	6073	(Code Crim. Proc., Art. 55.04.)
6074	6074	SUBCHAPTER J. NOTICE OF EXPUNCTION LAW
6075	6075	Art. 55A.451. NOTICE OF EXPUNCTION LAW TO PERSONS RELEASED
6076	6076	FOLLOWING ARREST. On release or discharge of an arrested person,
6077	6077	the person responsible for the release or discharge shall give the
6078	6078	released or discharged person a written explanation of that
6079	6079	person's rights under this chapter and a copy of the provisions of
6080	6080	this chapter. (Code Crim. Proc., Art. 55.05.)
6081	6081	SECTION 1.002. Subchapter F, Chapter 19A, Code of Criminal
6082	6082	Procedure, is amended by adding Article 19A.256 to read as follows:
6083	6083	Art. 19A.256. REFERRAL TO GRAND JURY IN SEXUAL ASSAULT
6084	6084	CASES. (a) If a district judge becomes aware that sexual assault
6085	6085	within the jurisdiction of the court has probably been committed,
6086	6086	the judge shall direct the grand jury to investigate the
6087	6087	accusation:
6088	6088	(1) immediately, if the court is in session; or
6089	6089	(2) at the next term of a district court in any county
6090	6090	of the district, if the court is not in session.
6091	6091	(b) If the court is in session but the grand jury has been
6092	6092	discharged, the district judge shall immediately recall the grand
6093	6093	jury to investigate the accusation.
6094	6094	SECTION 1.003. Section 502.407, Transportation Code, is
6095	6095	amended by adding Subsection (b-1) to read as follows:
6096	6096	(b-1) For purposes of dismissing a charge under Subsection
6097	6097	(b), "day" does not include Saturday, Sunday, or a legal holiday.
6098	6098	ARTICLE 2. CONFORMING AMENDMENTS
6099	6099	SECTION 2.001. Section 122.351, Agriculture Code, is
6100	6100	amended to read as follows:
6101	6101	Sec. 122.351. DEFINITION. In this subchapter, "peace
6102	6102	officer" has the meaning assigned by Article 2A.001 [2.12], Code of
6103	6103	Criminal Procedure.
6104	6104	SECTION 2.002. Section 153.003, Agriculture Code, is
6105	6105	amended to read as follows:
6106	6106	Sec. 153.003. INSPECTIONS. Program rules must authorize
6107	6107	the special rangers appointed under Article 2A.006 [2.125], Code of
6108	6108	Criminal Procedure, and other association employees designated by
6109	6109	the special rangers, to inspect and record brands and other
6110	6110	identifying characteristics of cattle at livestock auction
6111	6111	markets.
6112	6112	SECTION 2.003. Section 106.12(f), Alcoholic Beverage Code,
6113	6113	is amended to read as follows:
6114	6114	(f) The procedures for expunction provided under this
6115	6115	section are separate and distinct from the expunction procedures
6116	6116	under Chapter 55A [55], Code of Criminal Procedure.
6117	6117	SECTION 2.004. Section 108.001(6), Business & Commerce
6118	6118	Code, is amended to read as follows:
6119	6119	(6) "Peace officer" means a person elected, employed,
6120	6120	or appointed as a peace officer under Article 2A.001 [2.12], Code of
6121	6121	Criminal Procedure, or other law.
6122	6122	SECTION 2.005. Section 109.001(5), Business & Commerce
6123	6123	Code, is amended to read as follows:
6124	6124	(5) "Confidential criminal record information of a
6125	6125	child" means information about a person's involvement in the
6126	6126	criminal justice system resulting from conduct that occurred or was
6127	6127	alleged to occur when the person was younger than 17 years of age
6128	6128	that is confidential under Chapter 45A [45], Code of Criminal
6129	6129	Procedure, or other law. The term does not include:
6130	6130	(A) criminal record information of a person
6131	6131	certified to stand trial as an adult for that conduct, as provided
6132	6132	by Section 54.02, Family Code; or
6133	6133	(B) information relating to a traffic offense.
6134	6134	SECTION 2.006. Section 109.002(a), Business & Commerce
6135	6135	Code, is amended to read as follows:
6136	6136	(a) Except as provided by Subsection (b), this chapter
6137	6137	applies to:
6138	6138	(1) a business entity that:
6139	6139	(A) publishes criminal record information,
6140	6140	including information:
6141	6141	(i) originally obtained pursuant to a
6142	6142	request for public information under Chapter 552, Government Code;
6143	6143	or
6144	6144	(ii) purchased or otherwise obtained by the
6145	6145	entity or an affiliated business entity from the Department of
6146	6146	Public Safety under Subchapter F, Chapter 411, Government Code; and
6147	6147	(B) requires the payment:
6148	6148	(i) of a fee in an amount of $150 or more or
6149	6149	other consideration of comparable value to remove criminal record
6150	6150	information; or
6151	6151	(ii) of a fee or other consideration to
6152	6152	correct or modify criminal record information; or
6153	6153	(2) a business entity that publishes confidential
6154	6154	juvenile record information or confidential criminal record
6155	6155	information of a child in a manner not permitted by Chapter 58,
6156	6156	Family Code, Chapter 45A [45], Code of Criminal Procedure, or other
6157	6157	law, regardless of:
6158	6158	(A) the source of the information; or
6159	6159	(B) whether the business entity charges a fee for
6160	6160	access to or removal or correction of the information.
6161	6161	SECTION 2.007. Section 109.005(a), Business & Commerce
6162	6162	Code, is amended to read as follows:
6163	6163	(a) A business entity may not publish any criminal record
6164	6164	information in the business entity's possession with respect to
6165	6165	which the business entity has knowledge or has received notice
6166	6166	that:
6167	6167	(1) an order of expunction has been issued under
6168	6168	Article 55A.201 [55.02], Code of Criminal Procedure; or
6169	6169	(2) an order of nondisclosure of criminal history
6170	6170	record information has been issued under Subchapter E-1, Chapter
6171	6171	411, Government Code.
6172	6172	SECTION 2.008. Section 114.0001(4), Business & Commerce
6173	6173	Code, as added by Chapter 47 (H.B. 390), Acts of the 87th
6174	6174	Legislature, Regular Session, 2021, is amended to read as follows:
6175	6175	(4) "Peace officer" means a peace officer described by
6176	6176	Article 2A.001 [2.12], Code of Criminal Procedure, appointed or
6177	6177	employed to serve as a peace officer for a law enforcement agency.
6178	6178	SECTION 2.009. Section 30.006(a), Civil Practice and
6179	6179	Remedies Code, is amended to read as follows:
6180	6180	(a) In this section, "law enforcement agency" means a
6181	6181	governmental agency that employs a peace officer as defined by
6182	6182	[under] Article 2A.001 [2.12], Code of Criminal Procedure.
6183	6183	SECTION 2.010. Section 78A.001(1), Civil Practice and
6184	6184	Remedies Code, is amended to read as follows:
6185	6185	(1) "First responder" means a law enforcement, fire
6186	6186	protection, or emergency medical services employee or volunteer,
6187	6187	including:
6188	6188	(A) a peace officer as defined by Article 2A.001
6189	6189	[2.12], Code of Criminal Procedure;
6190	6190	(B) fire protection personnel as defined by
6191	6191	Section 419.021, Government Code;
6192	6192	(C) a volunteer firefighter who is:
6193	6193	(i) certified by the Texas Commission on
6194	6194	Fire Protection or by the State Firefighters' and Fire Marshals'
6195	6195	Association of Texas; or
6196	6196	(ii) a member of an organized volunteer
6197	6197	fire-fighting unit that renders fire-fighting services without
6198	6198	remuneration and conducts a minimum of two drills each month, each
6199	6199	two hours long; and
6200	6200	(D) an individual certified as emergency medical
6201	6201	services personnel by the Department of State Health Services.
6202	6202	SECTION 2.011. Section 100.001, Civil Practice and Remedies
6203	6203	Code, is amended to read as follows:
6204	6204	Sec. 100.001. AFFIRMATIVE DEFENSE. It is an affirmative
6205	6205	defense to a civil action for damages for personal injury or death
6206	6206	brought against a person performing duties under Article 2A.002(f)
6207	6207	[2.122(f)], Code of Criminal Procedure, the person's employer, or
6208	6208	the owner of a commercial nuclear power plant where the person was
6209	6209	working, that at the time the cause of action arose the person was
6210	6210	justified in using force under Chapter 9, Penal Code.
6211	6211	SECTION 2.012. Article 5.03, Code of Criminal Procedure, is
6212	6212	amended to read as follows:
6213	6213	Art. 5.03. FAMILY OR HOUSEHOLD RELATIONSHIP DOES NOT CREATE
6214	6214	AN EXCEPTION TO OFFICIAL DUTIES. A general duty prescribed for an
6215	6215	officer by Chapter 2A [2 of this code] is not waived or excepted in
6216	6216	any family violence case or investigation because of a family or
6217	6217	household relationship between an alleged violator and the victim
6218	6218	of family violence. A peace officer's or a magistrate's duty to
6219	6219	prevent the commission of criminal offenses, including acts of
6220	6220	family violence, is not waived or excepted because of a family or
6221	6221	household relationship between the potential violator and victim.
6222	6222	SECTION 2.013. Articles 14.03(g)(1) and (2), Code of
6223	6223	Criminal Procedure, are amended to read as follows:
6224	6224	(1) A peace officer described by [listed in
6225	6225	Subdivision (1), (2), or (5),] Article 2A.001(1), (2), or (5)
6226	6226	[2.12], who is licensed under Chapter 1701, Occupations Code, and
6227	6227	is outside of the officer's jurisdiction may arrest without a
6228	6228	warrant a person who commits any offense within the officer's
6229	6229	presence or view, other than a violation of Subtitle C, Title 7,
6230	6230	Transportation Code.
6231	6231	(2) A peace officer described by [listed in
6232	6232	Subdivision (3),] Article 2A.001(3) [2.12], who is licensed under
6233	6233	Chapter 1701, Occupations Code, and is outside of the officer's
6234	6234	jurisdiction may arrest without a warrant a person who commits any
6235	6235	offense within the officer's presence or view, except that an
6236	6236	officer described in this subdivision who is outside of that
6237	6237	officer's jurisdiction may arrest a person for a violation of
6238	6238	Subtitle C, Title 7, Transportation Code, only if the offense is
6239	6239	committed in the county or counties in which the municipality
6240	6240	employing the peace officer is located.
6241	6241	SECTION 2.014. Article 15.18(d), Code of Criminal
6242	6242	Procedure, is amended to read as follows:
6243	6243	(d) This article does not apply to an arrest made pursuant
6244	6244	to a capias pro fine issued under Chapter 43 or Article 45A.259
6245	6245	[45.045].
6246	6246	SECTION 2.015. Article 17.291(a), Code of Criminal
6247	6247	Procedure, is amended to read as follows:
6248	6248	(a) In this article:
6249	6249	(1) "Family [family] violence" has the meaning
6250	6250	assigned [to that phrase] by Section 71.004, Family Code. [; and]
6251	6251	(2) "Magistrate [magistrate]" has the meaning
6252	6252	assigned [to it] by Article 2A.151 [2.09 of this code].
6253	6253	SECTION 2.016. Section 4(a), Article 17.42, Code of
6254	6254	Criminal Procedure, is amended to read as follows:
6255	6255	(a) Except as otherwise provided by this subsection, if a
6256	6256	court releases an accused on personal bond on the recommendation of
6257	6257	a personal bond office, the court shall assess a personal bond
6258	6258	reimbursement fee of $20 or three percent of the amount of the bail
6259	6259	fixed for the accused, whichever is greater. The court may waive
6260	6260	the fee or assess a lesser fee if good cause is shown. A court that
6261	6261	requires a defendant to give a personal bond under Article 45A.107
6262	6262	[45.016] may not assess a personal bond fee under this subsection.
6263	6263	SECTION 2.017. Article 24.01(c), Code of Criminal
6264	6264	Procedure, is amended to read as follows:
6265	6265	(c) A person who is not a peace officer may not be compelled
6266	6266	to accept the duty to execute a subpoena, but if the person [he]
6267	6267	agrees in writing to accept that duty and neglects or refuses to
6268	6268	serve or return the subpoena, the person [he] may be punished in
6269	6269	accordance with Article 2A.055 [2.16 of this code].
6270	6270	SECTION 2.018. Article 27.14(d), Code of Criminal
6271	6271	Procedure, is amended to read as follows:
6272	6272	(d) If written notice of an offense for which maximum
6273	6273	possible punishment is by fine only or of a violation relating to
6274	6274	the manner, time, and place of parking has been prepared,
6275	6275	delivered, and filed with the court and a legible duplicate copy has
6276	6276	been given to the defendant, the written notice serves as a
6277	6277	complaint to which the defendant may plead "guilty," "not guilty,"
6278	6278	or "nolo contendere." If the defendant pleads "not guilty" to the
6279	6279	offense or fails to appear based on the written notice, a complaint
6280	6280	shall be filed that conforms to the requirements of Chapter 45A [45
6281	6281	of this code], and that complaint serves as an original complaint.
6282	6282	A defendant may waive the filing of a sworn complaint and elect that
6283	6283	the prosecution proceed on the written notice of the charged
6284	6284	offense if the defendant agrees in writing with the prosecution,
6285	6285	signs the agreement, and files it with the court.
6286	6286	SECTION 2.019. Article 38.141(c), Code of Criminal
6287	6287	Procedure, is amended to read as follows:
6288	6288	(c) In this article, "peace officer" means a person listed
6289	6289	in Article 2A.001 [2.12], and "special investigator" means a person
6290	6290	listed in Article 2A.002 [2.122].
6291	6291	SECTION 2.020. Section 9, Article 38.22, Code of Criminal
6292	6292	Procedure, is amended to read as follows:
6293	6293	Sec. 9. Notwithstanding any other provision of this
6294	6294	article, no oral, sign language, or written statement that is made
6295	6295	by a person accused of an offense listed in Article 2B.0202(a)
6296	6296	[2.32(b)] and made as a result of a custodial interrogation
6297	6297	occurring in a place of detention, as [that term is] defined by
6298	6298	Article 2B.0201 [2.32], is admissible against the accused in a
6299	6299	criminal proceeding unless:
6300	6300	(1) an electronic recording was made of the statement,
6301	6301	as required by Article 2B.0202(a) [2.32(b)]; or
6302	6302	(2) the attorney representing the state offers proof
6303	6303	satisfactory to the court that good cause, as described by Article
6304	6304	2B.0202(c) [2.32(d)], existed that made electronic recording of the
6305	6305	custodial interrogation infeasible.
6306	6306	SECTION 2.021. Article 38.43(e), Code of Criminal
6307	6307	Procedure, is amended to read as follows:
6308	6308	(e) To the extent of any conflict, this article controls
6309	6309	over Article 2A.155 [2.21].
6310	6310	SECTION 2.022. Article 38.50(f), Code of Criminal
6311	6311	Procedure, is amended to read as follows:
6312	6312	(f) To the extent of any conflict between this article and
6313	6313	Article 2A.155 [2.21] or 38.43, this article controls.
6314	6314	SECTION 2.023. Article 42.111, Code of Criminal Procedure,
6315	6315	is amended to read as follows:
6316	6316	Art. 42.111. DEFERRAL OF PROCEEDINGS IN CASES APPEALED TO
6317	6317	COUNTY COURT. If a defendant convicted of a misdemeanor punishable
6318	6318	by fine only appeals the conviction to a county court, on the trial
6319	6319	in county court the defendant may enter a plea of guilty or nolo
6320	6320	contendere to the offense. If the defendant enters a plea of guilty
6321	6321	or nolo contendere, the court may defer further proceedings without
6322	6322	entering an adjudication of guilt in the same manner as provided for
6323	6323	the deferral of proceedings in justice court or municipal court
6324	6324	under Subchapter G, Chapter 45A [Article 45.051 of this code]. This
6325	6325	article does not apply to a misdemeanor case disposed of under
6326	6326	Subchapter B, Chapter 543, Transportation Code, or a serious
6327	6327	traffic violation as defined by Section 522.003, Transportation
6328	6328	Code.
6329	6329	SECTION 2.024. Articles 42.15(a-1), (d), and (f), Code of
6330	6330	Criminal Procedure, are amended to read as follows:
6331	6331	(a-1) Notwithstanding any other provision of this article,
6332	6332	during or immediately after imposing a sentence in a case in which
6333	6333	the defendant entered a plea in open court as provided by Article
6334	6334	27.13, 27.14(a), or 27.16(a), a court shall inquire on the record
6335	6335	whether the defendant has sufficient resources or income to
6336	6336	immediately pay all or part of the fine and costs. If the court
6337	6337	determines that the defendant does not have sufficient resources or
6338	6338	income to immediately pay all or part of the fine and costs, the
6339	6339	court shall determine whether the fine and costs should be:
6340	6340	(1) subject to Subsection (c), required to be paid at
6341	6341	some later date or in a specified portion at designated intervals;
6342	6342	(2) discharged by performing community service under,
6343	6343	as applicable, Article 43.09(f), 45A.254, 45A.459, or 45A.460
6344	6344	[Article 45.049, Article 45.0492, as added by Chapter 227 (H.B.
6345	6345	350), Acts of the 82nd Legislature, Regular Session, 2011, or
6346	6346	Article 45.0492, as added by Chapter 777 (H.B. 1964), Acts of the
6347	6347	82nd Legislature, Regular Session, 2011];
6348	6348	(3) waived in full or in part under Article 43.091 or
6349	6349	45A.257 [45.0491]; or
6350	6350	(4) satisfied through any combination of methods under
6351	6351	Subdivisions (1)-(3).
6352	6352	(d) A judge may allow a defendant who is a child, as defined
6353	6353	by Article 45A.453(a) [45.058(h)], to elect at the time of
6354	6354	conviction, as defined by Section 133.101, Local Government Code,
6355	6355	to discharge the fine and costs by:
6356	6356	(1) performing community service or receiving
6357	6357	tutoring under Article 45A.460 [45.0492, as added by Chapter 227
6358	6358	(H.B. 350), Acts of the 82nd Legislature, Regular Session, 2011];
6359	6359	or
6360	6360	(2) paying the fine and costs in a manner described by
6361	6361	Subsection (b).
6362	6362	(f) The requirement under Article 45A.460(a) [45.0492(a),
6363	6363	as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature,
6364	6364	Regular Session, 2011,] that an offense occur in a building or on
6365	6365	the grounds of the primary or secondary school at which the
6366	6366	defendant was enrolled at the time of the offense does not apply to
6367	6367	the performance of community service or the receipt of tutoring to
6368	6368	discharge a fine or costs under Subsection (d)(1).
6369	6369	SECTION 2.025. Article 42A.655(f), Code of Criminal
6370	6370	Procedure, is amended to read as follows:
6371	6371	(f) Notwithstanding any other law, if the court determines
6372	6372	under this article at any time during a defendant's period of
6373	6373	community supervision, including deferred adjudication community
6374	6374	supervision, that the defendant does not have sufficient resources
6375	6375	or income to make a payment included under Subsection (b), the court
6376	6376	shall determine whether all or a portion of the payment should be:
6377	6377	(1) required to be paid at a later date or in a
6378	6378	specified portion at designated intervals;
6379	6379	(2) waived completely or partially under Article
6380	6380	43.091 or 45A.257 [45.0491];
6381	6381	(3) discharged by performing community service under
6382	6382	Article 42A.304 or 45A.254 [45.049], as applicable; or
6383	6383	(4) satisfied through any combination of methods under
6384	6384	Subdivisions (1)-(3).
6385	6385	SECTION 2.026. Article 43.03(e), Code of Criminal
6386	6386	Procedure, is amended to read as follows:
6387	6387	(e) This article does not apply to a court governed by
6388	6388	Chapter 45A [45].
6389	6389	SECTION 2.027. Article 43.09(n), Code of Criminal
6390	6390	Procedure, is amended to read as follows:
6391	6391	(n) This article does not apply to a court governed by
6392	6392	Chapter 45A [45].
6393	6393	SECTION 2.028. Articles 43.091(a) and (c), Code of Criminal
6394	6394	Procedure, are amended to read as follows:
6395	6395	(a) A court may waive payment of all or part of a fine
6396	6396	imposed on a defendant if the court determines that:
6397	6397	(1) the defendant is indigent or does not have
6398	6398	sufficient resources or income to pay all or part of the fine or
6399	6399	was, at the time the offense was committed, a child as defined by
6400	6400	Article 45A.453(a) [45.058(h)]; and
6401	6401	(2) each alternative method of discharging the fine
6402	6402	under Article 43.09 or 42.15 would impose an undue hardship on the
6403	6403	defendant.
6404	6404	(c) A court may waive payment of all or part of the costs
6405	6405	imposed on a defendant if the court determines that the defendant:
6406	6406	(1) is indigent or does not have sufficient resources
6407	6407	or income to pay all or part of the costs; or
6408	6408	(2) was, at the time the offense was committed, a child
6409	6409	as defined by Article 45A.453(a) [45.058(h)].
6410	6410	SECTION 2.029. Article 44.2811, Code of Criminal Procedure,
6411	6411	is amended to read as follows:
6412	6412	Art. 44.2811. RECORDS RELATING TO CERTAIN FINE-ONLY
6413	6413	MISDEMEANORS COMMITTED BY A CHILD. All records and files and
6414	6414	information stored by electronic means or otherwise, from which a
6415	6415	record or file could be generated, relating to a criminal case for a
6416	6416	fine-only misdemeanor, other than a traffic offense, that is
6417	6417	committed by a child and that is appealed are confidential and may
6418	6418	not be disclosed to the public except as provided under Article
6419	6419	45A.462(c) [45.0217(b)].
6420	6420	SECTION 2.030. Article 44.2812(a), Code of Criminal
6421	6421	Procedure, is amended to read as follows:
6422	6422	(a) Except as provided by Subsection (b) and Article
6423	6423	45A.055(b) [45.0218(b)], following the fifth anniversary of the
6424	6424	date of a final conviction of, or of a dismissal after deferral of
6425	6425	disposition for, a misdemeanor offense punishable by fine only, all
6426	6426	records and files and information stored by electronic means or
6427	6427	otherwise, from which a record or file could be generated, that are
6428	6428	held or stored by or for an appellate court and relate to the person
6429	6429	who was convicted of, or who received a dismissal after deferral of
6430	6430	disposition for, the offense are confidential and may not be
6431	6431	disclosed to the public.
6432	6432	SECTION 2.031. Article 46C.155(b), Code of Criminal
6433	6433	Procedure, is amended to read as follows:
6434	6434	(b) A defendant who is found not guilty by reason of
6435	6435	insanity is not considered to be acquitted for purposes of Chapter
6436	6436	55A [55].
6437	6437	SECTION 2.032. Article 56B.251, Code of Criminal Procedure,
6438	6438	is amended to read as follows:
6439	6439	Art. 56B.251. DEFINITION. In this subchapter, "peace
6440	6440	officer" means an individual elected, appointed, or employed to
6441	6441	serve as a peace officer for a governmental entity under Article
6442	6442	2A.001 [2.12] or other law. The term includes a former peace
6443	6443	officer who is entitled to receive payments under this subchapter
6444	6444	because of an injury suffered while performing duties as a peace
6445	6445	officer.
6446	6446	SECTION 2.033. Article 59.06(c-1), Code of Criminal
6447	6447	Procedure, is amended to read as follows:
6448	6448	(c-1) Notwithstanding Subsection (a), the attorney
6449	6449	representing the state and special rangers of the Texas and
6450	6450	Southwestern Cattle Raisers Association who meet the requirements
6451	6451	of Article 2A.006 [2.125] may enter into a local agreement that
6452	6452	allows the attorney representing the state to transfer proceeds
6453	6453	from the sale of forfeited property described by Subsection (c),
6454	6454	after the deduction of court costs as described by that subsection,
6455	6455	to a special fund established for the special rangers. Proceeds
6456	6456	transferred under this subsection must be used by the special
6457	6457	rangers solely for law enforcement purposes. Any expenditures of
6458	6458	the proceeds are subject to the audit provisions established under
6459	6459	this article.
6460	6460	SECTION 2.034. Article 66.105(a), Code of Criminal
6461	6461	Procedure, is amended to read as follows:
6462	6462	(a) On receipt of information from a local law enforcement
6463	6463	agency under Article 2A.061 [2.28], the Department of Public Safety
6464	6464	shall:
6465	6465	(1) provide the notice described by Article 2A.061(1)
6466	6466	[2.28(1)] to the person whose identity was misused, if the local law
6467	6467	enforcement agency was unable to notify the person under that
6468	6468	subdivision;
6469	6469	(2) take action to ensure that the information
6470	6470	maintained in the computerized criminal history system reflects the
6471	6471	use of the person's identity as a stolen alias; and
6472	6472	(3) notify the Texas Department of Criminal Justice
6473	6473	that the person's identifying information may have been falsely
6474	6474	used by an inmate in the custody of the Texas Department of Criminal
6475	6475	Justice.
6476	6476	SECTION 2.035. Articles 102.006(a-1), (b), and (b-1), Code
6477	6477	of Criminal Procedure, are amended to read as follows:
6478	6478	(a-1) In addition to any other fees required by other law
6479	6479	and except as provided by Subsection (b), a petitioner seeking
6480	6480	expunction of a criminal record in a justice court or a municipal
6481	6481	court of record under Chapter 55A [55] shall pay a fee of $100 for
6482	6482	filing an ex parte petition for expunction to defray the cost of
6483	6483	notifying state agencies of orders of expunction under that
6484	6484	chapter.
6485	6485	(b) The fees under Subsection (a) or the fee under
6486	6486	Subsection (a-1), as applicable, shall be waived if the petitioner
6487	6487	seeks expunction of a criminal record that relates to an arrest for
6488	6488	an offense of which the person was acquitted, other than an
6489	6489	acquittal for an offense described by Article 55A.151 [55.01(c)],
6490	6490	and the petition for expunction is filed not later than the 30th day
6491	6491	after the date of the acquittal.
6492	6492	(b-1) The fees under Subsection (a) shall be waived if the
6493	6493	petitioner is entitled to expunction:
6494	6494	(1) under Article 55A.053(a)(2)(A)
6495	6495	[55.01(a)(2)(A)(ii)(a)] after successful completion of a veterans
6496	6496	treatment court program created under Chapter 124, Government Code,
6497	6497	or former law; or
6498	6498	(2) under Article 55A.053(a)(2)(B)
6499	6499	[55.01(a)(2)(A)(ii)(b)] after successful completion of a mental
6500	6500	health court program created under Chapter 125, Government Code, or
6501	6501	former law.
6502	6502	SECTION 2.036. Section 25.091(c)(2), Education Code, is
6503	6503	amended to read as follows:
6504	6504	(2) "Peace officer" has the meaning assigned by
6505	6505	Article 2A.001 [2.12], Code of Criminal Procedure.
6506	6506	SECTION 2.037. Section 25.093(c-1), Education Code, is
6507	6507	amended to read as follows:
6508	6508	(c-1) Each day the child remains out of school may
6509	6509	constitute a separate offense. Two or more offenses under
6510	6510	Subsection (a) may be consolidated and prosecuted in a single
6511	6511	action. If the court orders deferred disposition under Subchapter
6512	6512	G, Chapter 45A [Article 45.051], Code of Criminal Procedure, the
6513	6513	court may require the defendant to provide personal services to a
6514	6514	charitable or educational institution as a condition of the
6515	6515	deferral.
6516	6516	SECTION 2.038. Section 25.0952, Education Code, is amended
6517	6517	to read as follows:
6518	6518	Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING
6519	6519	TO NONATTENDANCE OFFENSE. In a proceeding based on a complaint
6520	6520	under Section 25.093, the court shall, except as otherwise provided
6521	6521	by this chapter, use the procedures and exercise the powers
6522	6522	authorized by Chapter 45A [45], Code of Criminal Procedure.
6523	6523	SECTION 2.039. Section 37.081(b), Education Code, is
6524	6524	amended to read as follows:
6525	6525	(b) In a peace officer's jurisdiction, a peace officer
6526	6526	commissioned under this section:
6527	6527	(1) has the powers, privileges, and immunities of
6528	6528	peace officers;
6529	6529	(2) may enforce all laws, including municipal
6530	6530	ordinances, county ordinances, and state laws;
6531	6531	(3) may, in accordance with Chapter 52, Family Code,
6532	6532	or Article 45A.453 [45.058], Code of Criminal Procedure, take a
6533	6533	child into custody; and
6534	6534	(4) may dispose of cases in accordance with Section
6535	6535	52.03 or 52.031, Family Code.
6536	6536	SECTION 2.040. Section 37.146, Education Code, is amended
6537	6537	to read as follows:
6538	6538	Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint
6539	6539	alleging the commission of a school offense must, in addition to the
6540	6540	requirements imposed by Article 45A.101 [45.019], Code of Criminal
6541	6541	Procedure:
6542	6542	(1) be sworn to by a person who has personal knowledge
6543	6543	of the underlying facts giving rise to probable cause to believe
6544	6544	that an offense has been committed; and
6545	6545	(2) be accompanied by a statement from a school
6546	6546	employee stating:
6547	6547	(A) whether the child is eligible for or receives
6548	6548	special services under Subchapter A, Chapter 29; and
6549	6549	(B) the graduated sanctions, if required under
6550	6550	Section 37.144, that were imposed on the child before the complaint
6551	6551	was filed.
6552	6552	(b) After a complaint has been filed under this subchapter,
6553	6553	a summons may be issued under Articles 23.04 and 45A.457(e)
6554	6554	[45.057(e)], Code of Criminal Procedure.
6555	6555	(c) A complaint under this subchapter may include a
6556	6556	recommendation by a school employee that the child attend a teen
6557	6557	court program under Article 45A.401 [45.052], Code of Criminal
6558	6558	Procedure, if the school employee believes attending a teen court
6559	6559	program is in the best interest of the child.
6560	6560	SECTION 2.041. Section 61.9951, Education Code, is amended
6561	6561	to read as follows:
6562	6562	Sec. 61.9951. DEFINITION. In this subchapter, "peace
6563	6563	officer" has the meaning assigned by Article 2A.001 [2.12], Code of
6564	6564	Criminal Procedure.
6565	6565	SECTION 2.042. Section 1001.002(a), Education Code, is
6566	6566	amended to read as follows:
6567	6567	(a) An organization is exempt from this chapter if the
6568	6568	organization:
6569	6569	(1) has 50,000 or more members;
6570	6570	(2) qualifies for a tax exemption under Section
6571	6571	501(a), Internal Revenue Code of 1986, as an organization described
6572	6572	by Section 501(c)(4) of that code; and
6573	6573	(3) conducts for its members and other individuals who
6574	6574	are at least 50 years of age a driving safety course that is not used
6575	6575	for purposes of Subchapter H, Chapter 45A [Article 45.0511], Code
6576	6576	of Criminal Procedure.
6577	6577	SECTION 2.043. Section 1001.151(b), Education Code, is
6578	6578	amended to read as follows:
6579	6579	(b) The commission by rule shall establish a fee for:
6580	6580	(1) an initial in-person driver education provider
6581	6581	license and for each branch location;
6582	6582	(2) an initial online driver education provider
6583	6583	license;
6584	6584	(3) an initial parent-taught driver education
6585	6585	provider license;
6586	6586	(4) an initial driving safety provider license;
6587	6587	(5) the annual renewal for a driving safety provider,
6588	6588	driver education provider, or branch location of an in-person
6589	6589	driver education provider, except that the executive director may
6590	6590	waive the fee if revenue generated by the issuance of course
6591	6591	completion certificate numbers and driver education certificates
6592	6592	is sufficient to cover the cost of administering this chapter and
6593	6593	Subchapter H, Chapter 45A [Article 45.0511], Code of Criminal
6594	6594	Procedure;
6595	6595	(6) a change of address of a driver education provider
6596	6596	or driving safety provider; and
6597	6597	(7) a change of name of:
6598	6598	(A) a driver education provider or an owner of a
6599	6599	driver education provider; or
6600	6600	(B) a driving safety provider or an owner of a
6601	6601	driving safety provider.
6602	6602	SECTION 2.044. Section 1001.453(a), Education Code, is
6603	6603	amended to read as follows:
6604	6604	(a) A person may not distribute within 500 feet of a court
6605	6605	with jurisdiction over an offense to which Subchapter H, Chapter
6606	6606	45A [Article 45.0511], Code of Criminal Procedure, applies written
6607	6607	information that advertises a driving safety provider.
6608	6608	SECTION 2.045. Section 13.004(c), Election Code, is amended
6609	6609	to read as follows:
6610	6610	(c) The following information furnished on a registration
6611	6611	application is confidential and does not constitute public
6612	6612	information for purposes of Chapter 552, Government Code:
6613	6613	(1) a social security number;
6614	6614	(2) a Texas driver's license number;
6615	6615	(3) a number of a personal identification card issued
6616	6616	by the Department of Public Safety;
6617	6617	(4) the residence address of the applicant, if the
6618	6618	applicant is a federal judge, including a federal bankruptcy judge,
6619	6619	a marshal of the United States Marshals Service, a United States
6620	6620	attorney, or a state judge, a family member of a federal judge,
6621	6621	including a federal bankruptcy judge, a marshal of the United
6622	6622	States Marshals Service, a United States attorney, or a state
6623	6623	judge, the spouse of a peace officer as defined by Article 2A.001
6624	6624	[2.12], Code of Criminal Procedure, or an individual to whom
6625	6625	Section 552.1175, Government Code, or Section 521.1211,
6626	6626	Transportation Code, applies and the applicant:
6627	6627	(A) included an affidavit with the registration
6628	6628	application describing the applicant's status under this
6629	6629	subdivision, if the applicant is a federal judge, including a
6630	6630	federal bankruptcy judge, a marshal of the United States Marshals
6631	6631	Service, a United States attorney, or a state judge or a family
6632	6632	member of a federal judge, including a federal bankruptcy judge, a
6633	6633	marshal of the United States Marshals Service, a United States
6634	6634	attorney, or a state judge;
6635	6635	(B) provided the registrar with an affidavit
6636	6636	describing the applicant's status under this subdivision, if the
6637	6637	applicant is a federal judge, including a federal bankruptcy judge,
6638	6638	a marshal of the United States Marshals Service, a United States
6639	6639	attorney, or a state judge or a family member of a federal judge,
6640	6640	including a federal bankruptcy judge, a marshal of the United
6641	6641	States Marshals Service, a United States attorney, or a state
6642	6642	judge; or
6643	6643	(C) provided the registrar with a completed form
6644	6644	approved by the secretary of state for the purpose of notifying the
6645	6645	registrar of the applicant's status under this subdivision;
6646	6646	(5) the residence address of the applicant, if the
6647	6647	applicant, the applicant's child, or another person in the
6648	6648	applicant's household is a victim of family violence as defined by
6649	6649	Section 71.004, Family Code, who provided the registrar with:
6650	6650	(A) a copy of a protective order issued under
6651	6651	Chapter 85, Family Code, or a magistrate's order for emergency
6652	6652	protection issued under Article 17.292, Code of Criminal Procedure;
6653	6653	or
6654	6654	(B) other independent documentary evidence
6655	6655	necessary to show that the applicant, the applicant's child, or
6656	6656	another person in the applicant's household is a victim of family
6657	6657	violence;
6658	6658	(6) the residence address of the applicant, if the
6659	6659	applicant, the applicant's child, or another person in the
6660	6660	applicant's household is a victim of sexual assault or abuse,
6661	6661	stalking, or trafficking of persons who provided the registrar
6662	6662	with:
6663	6663	(A) a copy of a protective order issued under
6664	6664	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
6665	6665	magistrate's order for emergency protection issued under Article
6666	6666	17.292, Code of Criminal Procedure; or
6667	6667	(B) other independent documentary evidence
6668	6668	necessary to show that the applicant, the applicant's child, or
6669	6669	another person in the applicant's household is a victim of sexual
6670	6670	assault or abuse, stalking, or trafficking of persons;
6671	6671	(7) the residence address of the applicant, if the
6672	6672	applicant:
6673	6673	(A) is a participant in the address
6674	6674	confidentiality program administered by the attorney general under
6675	6675	Subchapter B, Chapter 58, Code of Criminal Procedure; and
6676	6676	(B) provided the registrar with proof of
6677	6677	certification under Article 58.059, Code of Criminal Procedure; or
6678	6678	(8) the telephone number of any applicant submitting
6679	6679	documentation under Subdivision (4), (5), (6), or (7).
6680	6680	SECTION 2.046. Section 51.02(7), Family Code, is amended to
6681	6681	read as follows:
6682	6682	(7) "Law-enforcement officer" means a peace officer as
6683	6683	defined by Article 2A.001 [2.12], Code of Criminal Procedure.
6684	6684	SECTION 2.047. Section 51.08(d), Family Code, is amended to
6685	6685	read as follows:
6686	6686	(d) A court that has implemented a juvenile case manager
6687	6687	program under Article 45A.451 [45.056], Code of Criminal Procedure,
6688	6688	may, but is not required to, waive its original jurisdiction under
6689	6689	Subsection (b)(1)(B).
6690	6690	SECTION 2.048. Section 51.12(a), Family Code, is amended to
6691	6691	read as follows:
6692	6692	(a) Except as provided by Subsection (h), a child may be
6693	6693	detained only in a:
6694	6694	(1) juvenile processing office in compliance with
6695	6695	Section 52.025;
6696	6696	(2) place of nonsecure custody in compliance with
6697	6697	Article 45A.453 [45.058], Code of Criminal Procedure;
6698	6698	(3) certified juvenile detention facility that
6699	6699	complies with the requirements of Subsection (f);
6700	6700	(4) secure detention facility as provided by
6701	6701	Subsection (j);
6702	6702	(5) county jail or other facility as provided by
6703	6703	Subsection (l); or
6704	6704	(6) nonsecure correctional facility as provided by
6705	6705	Subsection (j-1).
6706	6706	SECTION 2.049. Section 65.017, Family Code, is amended to
6707	6707	read as follows:
6708	6708	Sec. 65.017. JUVENILE CASE MANAGERS. A truancy court may
6709	6709	employ a juvenile case manager in accordance with Article 45A.451
6710	6710	[45.056], Code of Criminal Procedure, to provide services to
6711	6711	children who have been referred to the truancy court or who are in
6712	6712	jeopardy of being referred to the truancy court.
6713	6713	SECTION 2.050. Sections 261.301(f) and (h), Family Code,
6714	6714	are amended to read as follows:
6715	6715	(f) An investigation of a report to the department that
6716	6716	alleges that a child has been or may be the victim of conduct that
6717	6717	constitutes a criminal offense that poses an immediate risk of
6718	6718	physical or sexual abuse of a child that could result in the death
6719	6719	of or serious harm to the child shall be conducted jointly by a
6720	6720	peace officer, as defined by Article 2A.001 [2.12], Code of
6721	6721	Criminal Procedure, from the appropriate local law enforcement
6722	6722	agency and the department or the agency responsible for conducting
6723	6723	an investigation under Subchapter E.
6724	6724	(h) The department and the appropriate local law
6725	6725	enforcement agency shall conduct an investigation, other than an
6726	6726	investigation under Subchapter E, as provided by this section and
6727	6727	Article 2A.057 [2.27], Code of Criminal Procedure, if the
6728	6728	investigation is of a report that alleges that a child has been or
6729	6729	may be the victim of conduct that constitutes a criminal offense
6730	6730	that poses an immediate risk of physical or sexual abuse of a child
6731	6731	that could result in the death of or serious harm to the child.
6732	6732	Immediately on receipt of a report described by this subsection,
6733	6733	the department shall notify the appropriate local law enforcement
6734	6734	agency of the report.
6735	6735	SECTION 2.051. Section 261.3023, Family Code, is amended to
6736	6736	read as follows:
6737	6737	Sec. 261.3023. LAW ENFORCEMENT RESPONSE TO CHILD SAFETY
6738	6738	CHECK ALERT. If a law enforcement officer encounters a child or
6739	6739	other person listed on the Texas Crime Information Center's child
6740	6740	safety check alert list, the law enforcement officer shall follow
6741	6741	the procedures described by Article 2A.056 [2.272], Code of
6742	6742	Criminal Procedure.
6743	6743	SECTION 2.052. Sections 261.3024(a) and (b), Family Code,
6744	6744	are amended to read as follows:
6745	6745	(a) A law enforcement officer who locates a child listed on
6746	6746	the Texas Crime Information Center's child safety check alert list
6747	6747	shall report that the child has been located in the manner
6748	6748	prescribed by Article 2A.056 [2.272], Code of Criminal Procedure.
6749	6749	(b) If the department locates a child who has been placed on
6750	6750	the child safety check alert list established under Section
6751	6751	261.3022 through a means other than information reported to the
6752	6752	department by a law enforcement officer under Article 2A.056
6753	6753	[2.272], Code of Criminal Procedure, the department shall report to
6754	6754	the Texas Crime Information Center that the child has been located.
6755	6755	SECTION 2.053. Section 264.302(e), Family Code, is amended
6756	6756	to read as follows:
6757	6757	(e) The department shall provide services for a child and
6758	6758	the child's family if a contract to provide services under this
6759	6759	section is available in the county and the child is referred to the
6760	6760	department as an at-risk child by:
6761	6761	(1) a juvenile court or probation department as part
6762	6762	of a progressive sanctions program under Chapter 59;
6763	6763	(2) a law enforcement officer or agency under Section
6764	6764	52.03; or
6765	6765	(3) a justice or municipal court under Article 45A.457
6766	6766	[45.057], Code of Criminal Procedure.
6767	6767	SECTION 2.054. Section 25.0732(z), Government Code, is
6768	6768	amended to read as follows:
6769	6769	(z) The County Criminal Courts No. 1, No. 2, No. 3, and
6770	6770	No. 4 have the criminal jurisdiction provided by this section and
6771	6771	other law for statutory county courts in El Paso County and
6772	6772	appellate jurisdiction in appeals of criminal cases from justice
6773	6773	courts and municipal courts in the county as provided by Article
6774	6774	45A.202 [45.042], Code of Criminal Procedure. The County Criminal
6775	6775	Court No. 4 shall give preference to cases prosecuted under:
6776	6776	(1) Section 22.01, Penal Code, in which the victim is a
6777	6777	person whose relationship to or association with the defendant is
6778	6778	described under Chapter 71, Family Code; and
6779	6779	(2) Section 25.07, Penal Code.
6780	6780	SECTION 2.055. Section 25.2422(a), Government Code, is
6781	6781	amended to read as follows:
6782	6782	(a) In addition to the jurisdiction provided by Section
6783	6783	25.0003 and other law, a county court at law in Webb County has
6784	6784	concurrent jurisdiction with the district court in:
6785	6785	(1) family law cases and proceedings;
6786	6786	(2) cases and proceedings involving justiciable
6787	6787	controversies and differences between spouses, or between parents,
6788	6788	or between parent and child, or between any of these and third
6789	6789	persons; and
6790	6790	(3) proceedings to expunge a criminal arrest record
6791	6791	under Chapter 55A [55], Code of Criminal Procedure.
6792	6792	SECTION 2.056. Section 30.00011, Government Code, is
6793	6793	amended to read as follows:
6794	6794	Sec. 30.00011. PROSECUTIONS. All prosecutions in municipal
6795	6795	courts of record shall be conducted as provided by Article 45A.005
6796	6796	[45.03], Code of Criminal Procedure.
6797	6797	SECTION 2.057. Section 30.00013(a), Government Code, is
6798	6798	amended to read as follows:
6799	6799	(a) Ordinances, rules, and procedures concerning a trial by
6800	6800	a jury, including the summoning of jurors, must substantially
6801	6801	conform to Chapter 45A [45], Code of Criminal Procedure.
6802	6802	SECTION 2.058. Section 30.001845(a), Government Code, is
6803	6803	amended to read as follows:
6804	6804	(a) The governing body may appoint one or more magistrates
6805	6805	in addition to magistrates provided under Article 2A.151 [2.09],
6806	6806	Code of Criminal Procedure.
6807	6807	SECTION 2.059. Section 30.004945(a), Government Code, is
6808	6808	amended to read as follows:
6809	6809	(a) The governing body may appoint one or more magistrates
6810	6810	in addition to magistrates provided under Article 2A.151 [2.09],
6811	6811	Code of Criminal Procedure.
6812	6812	SECTION 2.060. Section 30.00635(a), Government Code, is
6813	6813	amended to read as follows:
6814	6814	(a) The governing body may appoint one or more magistrates
6815	6815	in addition to magistrates provided under Article 2A.151 [2.09],
6816	6816	Code of Criminal Procedure.
6817	6817	SECTION 2.061. Section 30.01255(a), Government Code, is
6818	6818	amended to read as follows:
6819	6819	(a) The governing body may appoint one or more magistrates
6820	6820	in addition to magistrates provided under Article 2A.151 [2.09],
6821	6821	Code of Criminal Procedure.
6822	6822	SECTION 2.062. Section 30.01542(a), Government Code, is
6823	6823	amended to read as follows:
6824	6824	(a) The governing body may appoint one or more magistrates
6825	6825	in addition to magistrates provided under Article 2A.151 [2.09],
6826	6826	Code of Criminal Procedure.
6827	6827	SECTION 2.063. Section 51.1045(a), Government Code, is
6828	6828	amended to read as follows:
6829	6829	(a) In this section, "digital multimedia evidence" has the
6830	6830	meaning assigned by Article 2A.153 [2.21], Code of Criminal
6831	6831	Procedure.
6832	6832	SECTION 2.064. Section 53.0071, Government Code, is amended
6833	6833	to read as follows:
6834	6834	Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
6835	6835	appointing judge provides otherwise in the order of appointment, a
6836	6836	bailiff appointed under Section 53.001(b), (g), (k), or (m) or
6837	6837	53.002(c), (e), or (f) is a "peace officer" for purposes of Article
6838	6838	2A.001 [2.12], Code of Criminal Procedure.
6839	6839	SECTION 2.065. Section 54.1955(a), Government Code, is
6840	6840	amended to read as follows:
6841	6841	(a) Except as limited by an order of the county judge, a
6842	6842	magistrate appointed under this subchapter may:
6843	6843	(1) conduct hearings;
6844	6844	(2) hear evidence;
6845	6845	(3) issue summons for the appearance of witnesses;
6846	6846	(4) examine witnesses;
6847	6847	(5) swear witnesses for hearings;
6848	6848	(6) recommend rulings or orders or a judgment in a
6849	6849	case;
6850	6850	(7) regulate proceedings in a hearing;
6851	6851	(8) accept a plea of guilty or nolo contendere in a
6852	6852	case alleging a violation of Section 25.093, Education Code, and
6853	6853	assess a fine or court costs or order community service in
6854	6854	satisfaction of a fine or costs in accordance with Article 45A.254
6855	6855	[45.049], Code of Criminal Procedure;
6856	6856	(9) for a violation of Section 25.093, Education Code,
6857	6857	enter an order suspending a sentence or deferring a final
6858	6858	disposition that includes at least one of the requirements listed
6859	6859	in Subchapter G, Chapter 45A [Article 45.051], Code of Criminal
6860	6860	Procedure;
6861	6861	(10) for an uncontested adjudication of truant conduct
6862	6862	under Section 65.003, Family Code, accept a plea to the petition or
6863	6863	a stipulation of evidence, and take any other action authorized
6864	6864	under Chapter 65, Family Code; and
6865	6865	(11) perform any act and take any measure necessary
6866	6866	and proper for the efficient performance of the duties required by
6867	6867	the referral order, including the entry of an order that includes at
6868	6868	least one of the remedial options in Section 65.103, Family Code.
6869	6869	SECTION 2.066. Section 54.2205(a), Government Code, is
6870	6870	amended to read as follows:
6871	6871	(a) The judge of a district court or county court at law or a
6872	6872	justice of the peace may refer to a magistrate any case or matter
6873	6873	relating to a case for proceedings involving:
6874	6874	(1) a negotiated plea of guilty or no contest and
6875	6875	sentencing before the court;
6876	6876	(2) a bond forfeiture, remittitur, and related
6877	6877	proceedings;
6878	6878	(3) a pretrial motion;
6879	6879	(4) a writ of habeas corpus;
6880	6880	(5) an examining trial;
6881	6881	(6) an occupational driver's license;
6882	6882	(7) a petition for an order of expunction under
6883	6883	Chapter 55A [55], Code of Criminal Procedure;
6884	6884	(8) an asset forfeiture hearing as provided by Chapter
6885	6885	59, Code of Criminal Procedure;
6886	6886	(9) a petition for an order of nondisclosure of
6887	6887	criminal history record information or an order of nondisclosure of
6888	6888	criminal history record information that does not require a
6889	6889	petition provided by Subchapter E-1, Chapter 411;
6890	6890	(10) a motion to modify or revoke community
6891	6891	supervision or to proceed with an adjudication of guilt;
6892	6892	(11) setting conditions, modifying, revoking, and
6893	6893	surrendering of bonds, including surety bonds;
6894	6894	(12) specialty court proceedings;
6895	6895	(13) a waiver of extradition;
6896	6896	(14) selection of a jury; and
6897	6897	(15) any other matter the judge or justice of the peace
6898	6898	considers necessary and proper.
6899	6899	SECTION 2.067. Section 54.2405(a), Government Code, is
6900	6900	amended to read as follows:
6901	6901	(a) The judge of a district court or county court at law or a
6902	6902	justice of the peace may refer to a magistrate any case or matter
6903	6903	relating to a case for proceedings involving:
6904	6904	(1) a negotiated plea of guilty or no contest and
6905	6905	sentencing before the court;
6906	6906	(2) a bond forfeiture, remittitur, and related
6907	6907	proceedings;
6908	6908	(3) a pretrial motion;
6909	6909	(4) a writ of habeas corpus;
6910	6910	(5) an examining trial;
6911	6911	(6) an occupational driver's license;
6912	6912	(7) a petition for an order of expunction under
6913	6913	Chapter 55A [55], Code of Criminal Procedure;
6914	6914	(8) an asset forfeiture hearing as provided by Chapter
6915	6915	59, Code of Criminal Procedure;
6916	6916	(9) a petition for an order of nondisclosure of
6917	6917	criminal history record information or an order of nondisclosure of
6918	6918	criminal history record information that does not require a
6919	6919	petition provided by Subchapter E-1, Chapter 411;
6920	6920	(10) a motion to modify or revoke community
6921	6921	supervision or to proceed with an adjudication of guilt;
6922	6922	(11) setting conditions, modifying, revoking, and
6923	6923	surrendering of bonds, including surety bonds;
6924	6924	(12) specialty court proceedings;
6925	6925	(13) a waiver of extradition;
6926	6926	(14) selection of a jury; and
6927	6927	(15) any other matter the judge or justice of the peace
6928	6928	considers necessary and proper.
6929	6929	SECTION 2.068. Section 54.2503(b), Government Code, is
6930	6930	amended to read as follows:
6931	6931	(b) The criminal law magistrate court has the jurisdiction
6932	6932	provided by the constitution and laws of this state for
6933	6933	magistrates. A judge of the criminal law magistrate court is a
6934	6934	magistrate as [that term is] defined by Article 2A.151 [2.09], Code
6935	6935	of Criminal Procedure.
6936	6936	SECTION 2.069. Section 54.2606(a), Government Code, is
6937	6937	amended to read as follows:
6938	6938	(a) A judge may refer to a magistrate any criminal case or
6939	6939	matter relating to a criminal case for proceedings involving:
6940	6940	(1) a negotiated plea of guilty or no contest and
6941	6941	sentencing before the court;
6942	6942	(2) a bond forfeiture, remittitur, and related
6943	6943	proceedings;
6944	6944	(3) a pretrial motion;
6945	6945	(4) a writ of habeas corpus;
6946	6946	(5) an examining trial;
6947	6947	(6) an occupational driver's license;
6948	6948	(7) a petition for an order of expunction under
6949	6949	Chapter 55A [55], Code of Criminal Procedure;
6950	6950	(8) an asset forfeiture hearing as provided by Chapter
6951	6951	59, Code of Criminal Procedure;
6952	6952	(9) a petition for an order of nondisclosure of
6953	6953	criminal history record information or an order of nondisclosure of
6954	6954	criminal history record information that does not require a
6955	6955	petition provided by Subchapter E-1, Chapter 411;
6956	6956	(10) a motion to modify or revoke community
6957	6957	supervision or to proceed with an adjudication of guilty;
6958	6958	(11) setting conditions, modifying, revoking, and
6959	6959	surrendering of bonds, including surety bonds;
6960	6960	(12) specialty court proceedings;
6961	6961	(13) a waiver of extradition; and
6962	6962	(14) any other matter the judge considers necessary
6963	6963	and proper.
6964	6964	SECTION 2.070. Section 54.656(a), Government Code, is
6965	6965	amended to read as follows:
6966	6966	(a) A judge may refer to a magistrate any criminal case or
6967	6967	matter relating to a criminal case for proceedings involving:
6968	6968	(1) a negotiated plea of guilty or no contest and
6969	6969	sentencing before the court;
6970	6970	(2) a bond forfeiture, remittitur, and related
6971	6971	proceedings;
6972	6972	(3) a pretrial motion;
6973	6973	(4) a writ of habeas corpus;
6974	6974	(5) an examining trial;
6975	6975	(6) an occupational driver's license;
6976	6976	(7) a petition for an order of expunction under
6977	6977	Chapter 55A [55], Code of Criminal Procedure;
6978	6978	(8) an asset forfeiture hearing as provided by Chapter
6979	6979	59, Code of Criminal Procedure;
6980	6980	(9) a petition for an order of nondisclosure of
6981	6981	criminal history record information or an order of nondisclosure of
6982	6982	criminal history record information that does not require a
6983	6983	petition provided by Subchapter E-1, Chapter 411;
6984	6984	(10) a motion to modify or revoke community
6985	6985	supervision or to proceed with an adjudication of guilt;
6986	6986	(11) setting conditions, modifying, revoking, and
6987	6987	surrendering of bonds, including surety bonds;
6988	6988	(12) specialty court proceedings;
6989	6989	(13) a waiver of extradition; and
6990	6990	(14) any other matter the judge considers necessary
6991	6991	and proper.
6992	6992	SECTION 2.071. Section 54.733(c), Government Code, is
6993	6993	amended to read as follows:
6994	6994	(c) The criminal law magistrate court has the jurisdiction
6995	6995	provided by the constitution and laws of this state for
6996	6996	magistrates. A judge of the criminal law magistrate court is a
6997	6997	magistrate as [that term is] defined by Article 2A.151 [Section
6998	6998	2.09], Code of Criminal Procedure.
6999	6999	SECTION 2.072. Section 71.034(e), Government Code, is
7000	7000	amended to read as follows:
7001	7001	(e) In addition to the information described by Subsection
7002	7002	(a), the council shall include in the report a summary of
7003	7003	information provided to the council during the preceding year under
7004	7004	Articles 2A.211 [2.211] and 2A.212 [2.212], Code of Criminal
7005	7005	Procedure.
7006	7006	SECTION 2.073. Section 71.0352, Government Code, is amended
7007	7007	to read as follows:
7008	7008	Sec. 71.0352. JUVENILE DATA: JUSTICE, MUNICIPAL, AND
7009	7009	TRUANCY COURTS. As a component of the official monthly report
7010	7010	submitted to the Office of Court Administration of the Texas
7011	7011	Judicial System:
7012	7012	(1) a justice court, municipal court, or truancy court
7013	7013	shall report the number of cases filed for:
7014	7014	(A) truant conduct under Section 65.003(a),
7015	7015	Family Code;
7016	7016	(B) the offense of parent contributing to
7017	7017	nonattendance under Section 25.093, Education Code; and
7018	7018	(C) a violation of a local daytime curfew
7019	7019	ordinance adopted under Section 341.905 or 351.903, Local
7020	7020	Government Code; and
7021	7021	(2) in cases in which a child fails to obey an order of
7022	7022	a justice court, municipal court, or truancy court under
7023	7023	circumstances that would constitute contempt of court, the justice
7024	7024	court, municipal court, or truancy court shall report the number of
7025	7025	incidents in which the child is:
7026	7026	(A) referred to the appropriate juvenile court
7027	7027	for delinquent conduct as provided by Article 45A.461(c)(1)
7028	7028	[45.050(c)(1)], Code of Criminal Procedure, or Section 65.251,
7029	7029	Family Code; or
7030	7030	(B) held in contempt, fined, or denied driving
7031	7031	privileges as provided by Article 45A.461(c)(2) [45.050(c)(2)],
7032	7032	Code of Criminal Procedure, or Section 65.251, Family Code.
7033	7033	SECTION 2.074. Section 72.151(2), Government Code, is
7034	7034	amended to read as follows:
7035	7035	(2) "Peace officer" has the meaning assigned by
7036	7036	Article 2A.001 [2.12], Code of Criminal Procedure.
7037	7037	SECTION 2.075. Section 75.404(g), Government Code, is
7038	7038	amended to read as follows:
7039	7039	(g) The justices of the peace in Harris County may adopt
7040	7040	local rules:
7041	7041	(1) that are consistent with Chapter 45A [45], Code of
7042	7042	Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for
7043	7043	practice and procedure in the justice courts of Harris County; and
7044	7044	(2) for practice and procedure in the small claims
7045	7045	courts of Harris County.
7046	7046	SECTION 2.076. Section 124.001(b), Government Code, is
7047	7047	amended to read as follows:
7048	7048	(b) If a defendant who was arrested for or charged with, but
7049	7049	not convicted of or placed on deferred adjudication community
7050	7050	supervision for, an offense successfully completes a veterans
7051	7051	treatment court program, after notice to the attorney representing
7052	7052	the state and a hearing in the veterans treatment court at which
7053	7053	that court determines that a dismissal is in the best interest of
7054	7054	justice, the veterans treatment court shall provide to the court in
7055	7055	which the criminal case is pending information about the dismissal
7056	7056	and shall include all of the information required about the
7057	7057	defendant for a petition for expunction under Article 55A.253
7058	7058	[Section 2(b), Article 55.02], Code of Criminal Procedure. The
7059	7059	court in which the criminal case is pending shall dismiss the case
7060	7060	against the defendant and:
7061	7061	(1) if that trial court is a district court, the court
7062	7062	may, with the consent of the attorney representing the state, enter
7063	7063	an order of expunction on behalf of the defendant under Article
7064	7064	55A.203(a) [Section 1a(a-1), Article 55.02], Code of Criminal
7065	7065	Procedure; or
7066	7066	(2) if that trial court is not a district court, the
7067	7067	court may, with the consent of the attorney representing the state,
7068	7068	forward the appropriate dismissal and expunction information to
7069	7069	enable a district court with jurisdiction to enter an order of
7070	7070	expunction on behalf of the defendant under Article 55A.203(a)
7071	7071	[Section 1a(a-1), Article 55.02], Code of Criminal Procedure.
7072	7072	SECTION 2.077. Section 125.001(b), Government Code, is
7073	7073	amended to read as follows:
7074	7074	(b) If a defendant successfully completes a mental health
7075	7075	court program, after notice to the attorney representing the state
7076	7076	and a hearing in the mental health court at which that court
7077	7077	determines that a dismissal is in the best interest of justice, the
7078	7078	mental health court shall provide to the court in which the criminal
7079	7079	case is pending information about the dismissal and shall include
7080	7080	all of the information required about the defendant for a petition
7081	7081	for expunction under Article 55A.253 [Section 2(b), Article 55.02],
7082	7082	Code of Criminal Procedure. The court in which the criminal case is
7083	7083	pending shall dismiss the case against the defendant and:
7084	7084	(1) if that trial court is a district court, the court
7085	7085	may, with the consent of the attorney representing the state, enter
7086	7086	an order of expunction on behalf of the defendant under Article
7087	7087	55A.203(b) [Section 1a(a-2), Article 55.02], Code of Criminal
7088	7088	Procedure; or
7089	7089	(2) if that trial court is not a district court, the
7090	7090	court may, with the consent of the attorney representing the state,
7091	7091	forward the appropriate dismissal and expunction information to
7092	7092	enable a district court with jurisdiction to enter an order of
7093	7093	expunction on behalf of the defendant under Article 55A.203(b)
7094	7094	[Section 1a(a-2), Article 55.02], Code of Criminal Procedure.
7095	7095	SECTION 2.078. Section 125.003(b), Government Code, is
7096	7096	amended to read as follows:
7097	7097	(b) The issues shall be handled by a magistrate, as
7098	7098	designated by Article 2A.151 [2.09], Code of Criminal Procedure,
7099	7099	who is part of a mental health court program established under
7100	7100	Section 125.002.
7101	7101	SECTION 2.079. Section 402.0241(b), Government Code, is
7102	7102	amended to read as follows:
7103	7103	(b) The attorney general shall defend a local entity in any
7104	7104	action in any court if:
7105	7105	(1) the executive head or governing body, as
7106	7106	applicable, of the local entity requests the attorney general's
7107	7107	assistance in the defense; and
7108	7108	(2) the attorney general determines that the cause of
7109	7109	action arises out of a claim involving the local entity's
7110	7110	good-faith compliance with an immigration detainer request
7111	7111	required by Article 2A.060 [2.251], Code of Criminal Procedure.
7112	7112	SECTION 2.080. Section 402.028(c), Government Code, is
7113	7113	amended to read as follows:
7114	7114	(c) Nothing in this section shall prohibit an assistant
7115	7115	attorney general from appointment as attorney pro tem under the
7116	7116	provisions of Article 2A.104 [2.07], Code of Criminal Procedure.
7117	7117	SECTION 2.081. Section 406.014(d), Government Code, is
7118	7118	amended to read as follows:
7119	7119	(d) A notary public who administers an oath pursuant to
7120	7120	Article 45A.101 [45.019], Code of Criminal Procedure, is exempt
7121	7121	from the requirement in Subsection (a) of this section of recording
7122	7122	that oath.
7123	7123	SECTION 2.082. Section 411.0207(b), Government Code, is
7124	7124	amended to read as follows:
7125	7125	(b) A public corruption unit is created within the
7126	7126	department to investigate and assist in the management of
7127	7127	allegations of participation in organized criminal activity by:
7128	7128	(1) an individual elected, appointed, or employed to
7129	7129	serve as a peace officer for a governmental entity of this state
7130	7130	under Article 2A.001 [2.12], Code of Criminal Procedure; or
7131	7131	(2) a federal law enforcement officer while performing
7132	7132	duties in this state.
7133	7133	SECTION 2.083. Section 411.0208(a), Government Code, is
7134	7134	amended to read as follows:
7135	7135	(a) The commission may provide for the establishment of a
7136	7136	reserve officer corps consisting of retired or previously
7137	7137	commissioned peace officers, as defined by Article 2A.001 [2.12],
7138	7138	Code of Criminal Procedure, who retired or resigned in good
7139	7139	standing.
7140	7140	SECTION 2.084. Section 411.0253(d), Government Code, is
7141	7141	amended to read as follows:
7142	7142	(d) If an initial investigation by the public integrity unit
7143	7143	demonstrates a reasonable suspicion that an offense against public
7144	7144	administration occurred, the matter shall be referred to the
7145	7145	prosecuting attorney of the county in which venue is proper under
7146	7146	Section 411.0256 of this code or Chapter 13A [13], Code of Criminal
7147	7147	Procedure, as applicable.
7148	7148	SECTION 2.085. Section 411.0255(b-2), Government Code, is
7149	7149	amended to read as follows:
7150	7150	(b-2) The public integrity unit shall inform the judge of
7151	7151	the court with jurisdiction over a complaint if the prosecuting
7152	7152	attorney is disqualified for purposes of Article 2A.104 [2.07],
7153	7153	Code of Criminal Procedure, because the prosecuting attorney is the
7154	7154	subject of a criminal investigation under this subchapter based on
7155	7155	credible evidence of criminal misconduct. On showing that the
7156	7156	prosecuting attorney is the subject of the investigation, the judge
7157	7157	shall order the prosecuting attorney disqualified under Article
7158	7158	2A.105 [2.08], Code of Criminal Procedure.
7159	7159	SECTION 2.086. Section 411.0256, Government Code, is
7160	7160	amended to read as follows:
7161	7161	Sec. 411.0256. VENUE. Notwithstanding Chapter 13A [13],
7162	7162	Code of Criminal Procedure, or other law, if the defendant is a
7163	7163	natural person, venue for prosecution of an offense against public
7164	7164	administration and lesser included offenses arising from the same
7165	7165	transaction is the county in which the defendant resided at the time
7166	7166	the offense was committed.
7167	7167	SECTION 2.087. Section 411.0835, Government Code, is
7168	7168	amended to read as follows:
7169	7169	Sec. 411.0835. PROHIBITION AGAINST DISSEMINATION TO
7170	7170	CERTAIN PRIVATE ENTITIES. If the department receives information
7171	7171	indicating that a private entity that purchases criminal history
7172	7172	record information from the department has been found by a court to
7173	7173	have committed three or more violations of Section 552.1425 by
7174	7174	compiling or disseminating information with respect to which an
7175	7175	order of expunction has been issued under Subchapter E or F, Chapter
7176	7176	55A [Article 55.02], Code of Criminal Procedure, or an order of
7177	7177	nondisclosure of criminal history record information has been
7178	7178	issued under Subchapter E-1 of this chapter, the department may not
7179	7179	release any criminal history record information to that entity
7180	7180	until the first anniversary of the date of the most recent
7181	7181	violation.
7182	7182	SECTION 2.088. Section 411.0851(a), Government Code, is
7183	7183	amended to read as follows:
7184	7184	(a) A private entity that compiles and disseminates for
7185	7185	compensation criminal history record information shall destroy and
7186	7186	may not disseminate any information in the possession of the entity
7187	7187	with respect to which the entity has received notice that:
7188	7188	(1) an order of expunction has been issued under
7189	7189	Subchapter E or F, Chapter 55A [Article 55.02], Code of Criminal
7190	7190	Procedure; or
7191	7191	(2) an order of nondisclosure of criminal history
7192	7192	record information has been issued under Subchapter E-1 of this
7193	7193	chapter.
7194	7194	SECTION 2.089. Sections 411.151(a) and (b), Government
7195	7195	Code, are amended to read as follows:
7196	7196	(a) The director shall expunge a DNA record of an individual
7197	7197	from a DNA database if the person:
7198	7198	(1) notifies the director in writing that the DNA
7199	7199	record has been ordered to be expunged under this section or Chapter
7200	7200	55A [55], Code of Criminal Procedure, and provides the director
7201	7201	with a certified copy of the court order that expunges the DNA
7202	7202	record; or
7203	7203	(2) provides the director with a certified copy of a
7204	7204	court order issued under Subchapter C-1, Chapter 58, Family Code,
7205	7205	that seals the juvenile record of the adjudication that resulted in
7206	7206	the DNA record.
7207	7207	(b) A person may obtain [petition for] the expunction of a
7208	7208	DNA record under the procedures established under Subchapter E or
7209	7209	F, Chapter 55A [Article 55.02], Code of Criminal Procedure, as
7210	7210	applicable, if the person is entitled to the expunction of records
7211	7211	relating to the offense to which the DNA record is related under
7212	7212	Subchapter A, B, or C, Chapter 55A [Article 55.01], Code of Criminal
7213	7213	Procedure.
7214	7214	SECTION 2.090. Section 411.199(a), Government Code, is
7215	7215	amended to read as follows:
7216	7216	(a) The following peace officers may apply for a license
7217	7217	issued under this subchapter at any time after retirement:
7218	7218	(1) a person who is licensed as a peace officer under
7219	7219	Chapter 1701, Occupations Code, and who has been employed full-time
7220	7220	as a peace officer by a law enforcement agency;
7221	7221	(2) a railroad peace officer appointed by the director
7222	7222	under Article 2A.005 [2.121], Code of Criminal Procedure, who holds
7223	7223	a certificate of authority issued by the director under that
7224	7224	article and a peace officer license issued by the Texas Commission
7225	7225	on Law Enforcement; or
7226	7226	(3) a special ranger of the Texas and Southwestern
7227	7227	Cattle Raisers Association appointed by the director under Article
7228	7228	2A.006 [2.125], Code of Criminal Procedure, who holds a certificate
7229	7229	of authority issued by the director under that article and a peace
7230	7230	officer license issued by the Texas Commission on Law Enforcement.
7231	7231	SECTION 2.091. Section 411.1991(a), Government Code, is
7232	7232	amended to read as follows:
7233	7233	(a) A person may apply for a license issued under this
7234	7234	subchapter if the person is:
7235	7235	(1) licensed as a peace officer under Chapter 1701,
7236	7236	Occupations Code, and employed as a peace officer by a law
7237	7237	enforcement agency;
7238	7238	(2) a railroad peace officer appointed by the director
7239	7239	under Article 2A.005 [2.121], Code of Criminal Procedure, who holds
7240	7240	a certificate of authority issued by the director under that
7241	7241	article and a peace officer license issued by the Texas Commission
7242	7242	on Law Enforcement;
7243	7243	(3) a special ranger of the Texas and Southwestern
7244	7244	Cattle Raisers Association appointed by the director under Article
7245	7245	2A.006 [2.125], Code of Criminal Procedure, who holds a certificate
7246	7246	of authority issued by the director under that article and a peace
7247	7247	officer license issued by the Texas Commission on Law Enforcement;
7248	7248	or
7249	7249	(4) a member of the Texas military forces, excluding
7250	7250	Texas State Guard members who are serving in the Texas Legislature.
7251	7251	SECTION 2.092. Section 411.254(b), Government Code, is
7252	7252	amended to read as follows:
7253	7253	(b) The inspector general is not required to be a peace
7254	7254	officer as [that term is] defined by Article 2A.001 [2.12], Code of
7255	7255	Criminal Procedure. The commission or director may commission the
7256	7256	inspector general as a commissioned peace officer of the department
7257	7257	if the inspector general holds a permanent peace officer license
7258	7258	issued under Chapter 1701, Occupations Code.
7259	7259	SECTION 2.093. Section 411.441(3), Government Code, is
7260	7260	amended to read as follows:
7261	7261	(3) "Law enforcement officer" means a person who is a
7262	7262	peace officer under Article 2A.001 [2.12], Code of Criminal
7263	7263	Procedure, or a person who is a federal law enforcement officer, as
7264	7264	defined by 5 U.S.C. Section 8331(20).
7265	7265	SECTION 2.094. Section 466.3011, Government Code, is
7266	7266	amended to read as follows:
7267	7267	Sec. 466.3011. VENUE. Venue is proper in Travis County or
7268	7268	any county in which venue is proper under Chapter 13A [13], Code of
7269	7269	Criminal Procedure, for:
7270	7270	(1) an offense under this chapter;
7271	7271	(2) an offense under the Penal Code, if the accused:
7272	7272	(A) is a lottery operator, lottery vendor, sales
7273	7273	agent, or employee of the division; and
7274	7274	(B) is alleged to have committed the offense
7275	7275	while engaged in lottery activities; or
7276	7276	(3) an offense that involves property consisting of or
7277	7277	including lottery tickets under Title 7 or 11, Penal Code.
7278	7278	SECTION 2.095. Section 493.0251(b), Government Code, is
7279	7279	amended to read as follows:
7280	7280	(b) If the department receives a notification under Article
7281	7281	2A.110 [2.023], Code of Criminal Procedure, regarding the
7282	7282	indictment of a defendant described by that article, the department
7283	7283	shall, to the extent requested under Subsection (c), make a
7284	7284	reasonable effort to provide notice of the offense charged in the
7285	7285	indictment to each victim, guardian of a victim, or close relative
7286	7286	of a deceased victim of an offense described by Article 2A.110(a)
7287	7287	[2.023(a)], Code of Criminal Procedure, for which the defendant was
7288	7288	previously imprisoned at a facility operated by or under contract
7289	7289	with the department and subsequently released.
7290	7290	SECTION 2.096. Section 531.1022(c), Government Code, is
7291	7291	amended to read as follows:
7292	7292	(c) A peace officer employed and commissioned by the office
7293	7293	under this section is a peace officer for purposes of Article 2A.001
7294	7294	[2.12], Code of Criminal Procedure.
7295	7295	SECTION 2.097. Section 552.117(a), Government Code, is
7296	7296	amended to read as follows:
7297	7297	(a) Information is excepted from the requirements of
7298	7298	Section 552.021 if it is information that relates to the home
7299	7299	address, home telephone number, emergency contact information, or
7300	7300	social security number of the following person or that reveals
7301	7301	whether the person has family members:
7302	7302	(1) a current or former official or employee of a
7303	7303	governmental body, except as otherwise provided by Section 552.024;
7304	7304	(2) a current or honorably retired peace officer as
7305	7305	defined by Article 2A.001 [2.12], Code of Criminal Procedure, or a
7306	7306	current or honorably retired security officer commissioned under
7307	7307	Section 51.212, Education Code, regardless of whether the officer
7308	7308	complies with Section 552.024 or 552.1175, as applicable;
7309	7309	(3) a current or former employee of the Texas
7310	7310	Department of Criminal Justice or of the predecessor in function of
7311	7311	the department or any division of the department, regardless of
7312	7312	whether the current or former employee complies with Section
7313	7313	552.1175;
7314	7314	(4) a peace officer as defined by Article 2A.001
7315	7315	[2.12], Code of Criminal Procedure, or other law, a reserve law
7316	7316	enforcement officer, a commissioned deputy game warden, or a
7317	7317	corrections officer in a municipal, county, or state penal
7318	7318	institution in this state who was killed in the line of duty,
7319	7319	regardless of whether the deceased complied with Section 552.024 or
7320	7320	552.1175;
7321	7321	(5) a commissioned security officer as defined by
7322	7322	Section 1702.002, Occupations Code, regardless of whether the
7323	7323	officer complies with Section 552.024 or 552.1175, as applicable;
7324	7324	(6) an officer or employee of a community supervision
7325	7325	and corrections department established under Chapter 76 who
7326	7326	performs a duty described by Section 76.004(b), regardless of
7327	7327	whether the officer or employee complies with Section 552.024 or
7328	7328	552.1175;
7329	7329	(7) a current or former employee of the office of the
7330	7330	attorney general who is or was assigned to a division of that office
7331	7331	the duties of which involve law enforcement, regardless of whether
7332	7332	the current or former employee complies with Section 552.024 or
7333	7333	552.1175;
7334	7334	(8) a current or former employee of the Texas Juvenile
7335	7335	Justice Department or of the predecessors in function of the
7336	7336	department, regardless of whether the current or former employee
7337	7337	complies with Section 552.024 or 552.1175;
7338	7338	(9) a current or former juvenile probation or
7339	7339	supervision officer certified by the Texas Juvenile Justice
7340	7340	Department, or the predecessors in function of the department,
7341	7341	under Title 12, Human Resources Code, regardless of whether the
7342	7342	current or former officer complies with Section 552.024 or
7343	7343	552.1175;
7344	7344	(10) a current or former employee of a juvenile
7345	7345	justice program or facility, as those terms are defined by Section
7346	7346	261.405, Family Code, regardless of whether the current or former
7347	7347	employee complies with Section 552.024 or 552.1175;
7348	7348	(11) a current or former member of the United States
7349	7349	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
7350	7350	service of one of those branches of the armed forces, or the Texas
7351	7351	military forces, as that term is defined by Section 437.001;
7352	7352	(12) a current or former district attorney, criminal
7353	7353	district attorney, or county or municipal attorney whose
7354	7354	jurisdiction includes any criminal law or child protective services
7355	7355	matters, regardless of whether the current or former attorney
7356	7356	complies with Section 552.024 or 552.1175;
7357	7357	(13) a current or former employee of a district
7358	7358	attorney, criminal district attorney, or county or municipal
7359	7359	attorney whose jurisdiction includes any criminal law or child
7360	7360	protective services matters, regardless of whether the current or
7361	7361	former employee complies with Section 552.024 or 552.1175;
7362	7362	(14) a current or former employee of the Texas Civil
7363	7363	Commitment Office or of the predecessor in function of the office or
7364	7364	a division of the office, regardless of whether the current or
7365	7365	former employee complies with Section 552.024 or 552.1175;
7366	7366	(15) a current or former federal judge or state judge,
7367	7367	as those terms are defined by Section 1.005, Election Code, a
7368	7368	federal bankruptcy judge, a marshal of the United States Marshals
7369	7369	Service, a United States attorney, or a family member of a current
7370	7370	or former federal judge, including a federal bankruptcy judge, a
7371	7371	marshal of the United States Marshals Service, a United States
7372	7372	attorney, or a state judge;
7373	7373	(16) a current or former child protective services
7374	7374	caseworker, adult protective services caseworker, or investigator
7375	7375	for the Department of Family and Protective Services, regardless of
7376	7376	whether the caseworker or investigator complies with Section
7377	7377	552.024 or 552.1175, or a current or former employee of a department
7378	7378	contractor performing child protective services caseworker, adult
7379	7379	protective services caseworker, or investigator functions for the
7380	7380	contractor on behalf of the department;
7381	7381	(17) an elected public officer, regardless of whether
7382	7382	the officer complies with Section 552.024 or 552.1175;
7383	7383	(18) a current or former United States attorney,
7384	7384	assistant United States attorney, federal public defender, deputy
7385	7385	federal public defender, or assistant federal public defender and
7386	7386	the spouse or child of the current or former attorney or public
7387	7387	defender, regardless of whether the person complies with Section
7388	7388	552.024 or 552.1175; or
7389	7389	(19) a firefighter or volunteer firefighter or
7390	7390	emergency medical services personnel as defined by Section 773.003,
7391	7391	Health and Safety Code, regardless of whether the firefighter or
7392	7392	volunteer firefighter or emergency medical services personnel
7393	7393	comply with Section 552.024 or 552.1175, as applicable.
7394	7394	SECTION 2.098. Section 552.1175(a), Government Code, is
7395	7395	amended to read as follows:
7396	7396	(a) This section applies only to:
7397	7397	(1) current or honorably retired peace officers as
7398	7398	defined by Article 2A.001 [2.12], Code of Criminal Procedure, or
7399	7399	special investigators as described by Article 2A.002 [2.122], Code
7400	7400	of Criminal Procedure;
7401	7401	(2) current or honorably retired county jailers as
7402	7402	defined by Section 1701.001, Occupations Code;
7403	7403	(3) current or former employees of the Texas
7404	7404	Department of Criminal Justice or of the predecessor in function of
7405	7405	the department or any division of the department;
7406	7406	(4) commissioned security officers as defined by
7407	7407	Section 1702.002, Occupations Code;
7408	7408	(5) a current or former district attorney, criminal
7409	7409	district attorney, or county or municipal attorney whose
7410	7410	jurisdiction includes any criminal law or child protective services
7411	7411	matters;
7412	7412	(5-a) a current or former employee of a district
7413	7413	attorney, criminal district attorney, or county or municipal
7414	7414	attorney whose jurisdiction includes any criminal law or child
7415	7415	protective services matters;
7416	7416	(6) officers and employees of a community supervision
7417	7417	and corrections department established under Chapter 76 who perform
7418	7418	a duty described by Section 76.004(b);
7419	7419	(7) criminal investigators of the United States as
7420	7420	described by Article 2A.002(a) [2.122(a)], Code of Criminal
7421	7421	Procedure;
7422	7422	(8) current or honorably retired police officers and
7423	7423	inspectors of the United States Federal Protective Service;
7424	7424	(9) current and former employees of the office of the
7425	7425	attorney general who are or were assigned to a division of that
7426	7426	office the duties of which involve law enforcement;
7427	7427	(10) current or former juvenile probation and
7428	7428	detention officers certified by the Texas Juvenile Justice
7429	7429	Department, or the predecessors in function of the department,
7430	7430	under Title 12, Human Resources Code;
7431	7431	(11) current or former employees of a juvenile justice
7432	7432	program or facility, as those terms are defined by Section 261.405,
7433	7433	Family Code;
7434	7434	(12) current or former employees of the Texas Juvenile
7435	7435	Justice Department or the predecessors in function of the
7436	7436	department;
7437	7437	(13) federal judges and state judges as defined by
7438	7438	Section 1.005, Election Code;
7439	7439	(14) current or former employees of the Texas Civil
7440	7440	Commitment Office or of the predecessor in function of the office or
7441	7441	a division of the office;
7442	7442	(15) a current or former member of the United States
7443	7443	Army, Navy, Air Force, Coast Guard, or Marine Corps, an auxiliary
7444	7444	service of one of those branches of the armed forces, or the Texas
7445	7445	military forces, as that term is defined by Section 437.001;
7446	7446	(16) a current or former child protective services
7447	7447	caseworker, adult protective services caseworker, or investigator
7448	7448	for the Department of Family and Protective Services or a current or
7449	7449	former employee of a department contractor performing child
7450	7450	protective services caseworker, adult protective services
7451	7451	caseworker, or investigator functions for the contractor on behalf
7452	7452	of the department;
7453	7453	(17) an elected public officer;
7454	7454	(18) a firefighter or volunteer firefighter or
7455	7455	emergency medical services personnel as defined by Section 773.003,
7456	7456	Health and Safety Code; and
7457	7457	(19) a current or former United States attorney,
7458	7458	assistant United States attorney, federal public defender, deputy
7459	7459	federal public defender, or assistant federal public defender.
7460	7460	SECTION 2.099. Section 552.119(a), Government Code, is
7461	7461	amended to read as follows:
7462	7462	(a) A photograph that depicts a peace officer as defined by
7463	7463	Article 2A.001 [2.12], Code of Criminal Procedure, the release of
7464	7464	which would endanger the life or physical safety of the officer, is
7465	7465	excepted from the requirements of Section 552.021 unless:
7466	7466	(1) the officer is under indictment or charged with an
7467	7467	offense by information;
7468	7468	(2) the officer is a party in a civil service hearing
7469	7469	or a case in arbitration; or
7470	7470	(3) the photograph is introduced as evidence in a
7471	7471	judicial proceeding.
7472	7472	SECTION 2.100. Section 552.1425(a), Government Code, is
7473	7473	amended to read as follows:
7474	7474	(a) A private entity that compiles and disseminates for
7475	7475	compensation criminal history record information may not compile or
7476	7476	disseminate information with respect to which the entity has
7477	7477	received notice that:
7478	7478	(1) an order of expunction has been issued under
7479	7479	Subchapter E or F, Chapter 55A [Article 55.02], Code of Criminal
7480	7480	Procedure; or
7481	7481	(2) an order of nondisclosure of criminal history
7482	7482	record information has been issued under Subchapter E-1, Chapter
7483	7483	411.
7484	7484	SECTION 2.101. Section 574.004, Government Code, is amended
7485	7485	to read as follows:
7486	7486	Sec. 574.004. ASSISTANCE BY ATTORNEY GENERAL. This chapter
7487	7487	does not prevent the attorney general from providing assistance to
7488	7488	district attorneys, criminal district attorneys, and county
7489	7489	attorneys on request by allowing assistant attorneys general to
7490	7490	serve as duly appointed and deputized assistant prosecutors, nor
7491	7491	does this chapter prohibit the appointment of an assistant attorney
7492	7492	general as an attorney pro tem pursuant to Article 2A.104 [2.07],
7493	7493	Code of Criminal Procedure.
7494	7494	SECTION 2.102. Section 602.002, Government Code, is amended
7495	7495	to read as follows:
7496	7496	Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
7497	7497	state may be administered and a certificate of the fact given by:
7498	7498	(1) a judge, retired judge, or clerk of a municipal
7499	7499	court;
7500	7500	(2) a judge, retired judge, senior judge, clerk, or
7501	7501	commissioner of a court of record;
7502	7502	(3) a justice of the peace or a clerk of a justice
7503	7503	court;
7504	7504	(4) an associate judge, magistrate, master, referee,
7505	7505	or criminal law hearing officer;
7506	7506	(5) a notary public;
7507	7507	(6) a member of a board or commission created by a law
7508	7508	of this state, in a matter pertaining to a duty of the board or
7509	7509	commission;
7510	7510	(7) a person employed by the Texas Ethics Commission
7511	7511	who has a duty related to a report required by Title 15, Election
7512	7512	Code, in a matter pertaining to that duty;
7513	7513	(8) a county tax assessor-collector or an employee of
7514	7514	the county tax assessor-collector if the oath relates to a document
7515	7515	that is required or authorized to be filed in the office of the
7516	7516	county tax assessor-collector;
7517	7517	(9) the secretary of state or a former secretary of
7518	7518	state;
7519	7519	(10) an employee of a personal bond office, or an
7520	7520	employee of a county, who is employed to obtain information
7521	7521	required to be obtained under oath if the oath is required or
7522	7522	authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
7523	7523	Criminal Procedure;
7524	7524	(11) the lieutenant governor or a former lieutenant
7525	7525	governor;
7526	7526	(12) the speaker of the house of representatives or a
7527	7527	former speaker of the house of representatives;
7528	7528	(13) the governor or a former governor;
7529	7529	(14) a legislator or retired legislator;
7530	7530	(14-a) the secretary of the senate or the chief clerk
7531	7531	of the house of representatives;
7532	7532	(15) the attorney general or a former attorney
7533	7533	general;
7534	7534	(16) the secretary or clerk of a municipality in a
7535	7535	matter pertaining to the official business of the municipality;
7536	7536	(17) a peace officer described by Article 2A.001
7537	7537	[2.12], Code of Criminal Procedure, if:
7538	7538	(A) the oath is administered when the officer is
7539	7539	engaged in the performance of the officer's duties; and
7540	7540	(B) the administration of the oath relates to the
7541	7541	officer's duties; or
7542	7542	(18) a county treasurer.
7543	7543	SECTION 2.103. Section 607.051(4), Government Code, is
7544	7544	amended to read as follows:
7545	7545	(4) "Peace officer" means an individual elected,
7546	7546	appointed, or employed to serve as a peace officer for a
7547	7547	governmental entity under Article 2A.001 [2.12], Code of Criminal
7548	7548	Procedure, or other law.
7549	7549	SECTION 2.104. Section 612.005(a), Government Code, is
7550	7550	amended to read as follows:
7551	7551	(a) In this section, "law enforcement officer" means a peace
7552	7552	officer as defined by Article 2A.001 [2.12], Code of Criminal
7553	7553	Procedure, or other law.
7554	7554	SECTION 2.105. Section 614.001(3), Government Code, is
7555	7555	amended to read as follows:
7556	7556	(3) "Peace officer" means an individual elected,
7557	7557	appointed, or employed to serve as a peace officer for a
7558	7558	governmental entity under Article 2A.001 [2.12], Code of Criminal
7559	7559	Procedure, or other law.
7560	7560	SECTION 2.106. Section 614.021(a), Government Code, is
7561	7561	amended to read as follows:
7562	7562	(a) Except as provided by Subsection (b), this subchapter
7563	7563	applies only to a complaint against:
7564	7564	(1) a law enforcement officer of the State of Texas,
7565	7565	including an officer of the Department of Public Safety or of the
7566	7566	Texas Alcoholic Beverage Commission;
7567	7567	(2) a fire fighter who is employed by this state or a
7568	7568	political subdivision of this state;
7569	7569	(3) a peace officer under Article 2A.001 [2.12], Code
7570	7570	of Criminal Procedure, or other law who is appointed or employed by
7571	7571	a political subdivision of this state; or
7572	7572	(4) a detention officer or county jailer who is
7573	7573	appointed or employed by a political subdivision of this state.
7574	7574	SECTION 2.107. Section 614.061, Government Code, is amended
7575	7575	to read as follows:
7576	7576	Sec. 614.061. DEFINITION. In this subchapter, "peace
7577	7577	officer" means a person who:
7578	7578	(1) is elected, appointed, or employed by a
7579	7579	governmental entity; and
7580	7580	(2) is a peace officer under Article 2A.001 [2.12],
7581	7581	Code of Criminal Procedure, or other law.
7582	7582	SECTION 2.108. Sections 614.121(1), (2), and (3),
7583	7583	Government Code, are amended to read as follows:
7584	7584	(1) "Full-time peace officer" means a person elected,
7585	7585	employed, or appointed as a peace officer under Article 2A.001
7586	7586	[2.12], Code of Criminal Procedure, or other law, who:
7587	7587	(A) works as a peace officer on average at least
7588	7588	32 hours per week, exclusive of paid vacation; and
7589	7589	(B) is compensated by this state or a political
7590	7590	subdivision of this state at least at the federal minimum wage and
7591	7591	is entitled to all employee benefits offered to a peace officer by
7592	7592	the state or political subdivision.
7593	7593	(2) "Honorably retired peace officer" means a former
7594	7594	peace officer who:
7595	7595	(A) previously served but is not currently
7596	7596	serving as an elected, appointed, or employed peace officer under
7597	7597	Article 2A.001 [2.12], Code of Criminal Procedure, or other law;
7598	7598	(B) did not retire in lieu of any disciplinary
7599	7599	action;
7600	7600	(C) was eligible to retire from a law enforcement
7601	7601	agency in this state or was ineligible to retire only as a result of
7602	7602	an injury received in the course of the officer's employment with
7603	7603	the agency; and
7604	7604	(D) is eligible to receive a pension or annuity
7605	7605	for service as a law enforcement officer in this state or is
7606	7606	ineligible to receive a pension or annuity only because the law
7607	7607	enforcement agency that employed the officer does not offer a
7608	7608	pension or annuity to its employees.
7609	7609	(3) "Part-time peace officer" means a person elected,
7610	7610	employed, or appointed as a peace officer under Article 2A.001
7611	7611	[2.12], Code of Criminal Procedure, or other law, who:
7612	7612	(A) works as a peace officer on average less than
7613	7613	32 hours per week, exclusive of paid vacation; and
7614	7614	(B) is compensated by this state or a political
7615	7615	subdivision of this state at least at the federal minimum wage and
7616	7616	is entitled to all employee benefits offered to a peace officer by
7617	7617	the state or political subdivision.
7618	7618	SECTION 2.109. Section 615.003, Government Code, is amended
7619	7619	to read as follows:
7620	7620	Sec. 615.003. APPLICABILITY. This chapter applies only to
7621	7621	eligible survivors of the following individuals:
7622	7622	(1) an individual:
7623	7623	(A) elected, appointed, or employed as a peace
7624	7624	officer by the state or a political subdivision of the state under
7625	7625	Article 2A.001 [2.12], Code of Criminal Procedure, or other law; or
7626	7626	(B) employed as a peace officer by a private
7627	7627	institution of higher education, including a private junior
7628	7628	college, that is located in this state under Section 51.212,
7629	7629	Education Code;
7630	7630	(2) a paid probation officer appointed by the director
7631	7631	of a community supervision and corrections department who has the
7632	7632	duties set out in Section 76.002 and the qualifications set out in
7633	7633	Section 76.005, or who was appointed in accordance with prior law;
7634	7634	(3) a parole officer employed by the Texas Department
7635	7635	of Criminal Justice who has the duties set out in Section 508.001
7636	7636	and the qualifications set out in Section 508.113 or in prior law;
7637	7637	(4) a paid jailer;
7638	7638	(5) a member of an organized police reserve or
7639	7639	auxiliary unit who regularly assists peace officers in enforcing
7640	7640	criminal laws;
7641	7641	(6) a member of the class of employees of the
7642	7642	correctional institutions division formally designated as
7643	7643	custodial personnel under Section 615.006 by the Texas Board of
7644	7644	Criminal Justice or its predecessor in function;
7645	7645	(7) a jailer or guard of a county jail who is appointed
7646	7646	by the sheriff and who:
7647	7647	(A) performs a security, custodial, or
7648	7648	supervisory function over the admittance, confinement, or
7649	7649	discharge of prisoners; and
7650	7650	(B) is certified by the Texas Commission on Law
7651	7651	Enforcement;
7652	7652	(8) a juvenile correctional employee of the Texas
7653	7653	Juvenile Justice Department;
7654	7654	(9) an employee of the Department of Aging and
7655	7655	Disability Services or Department of State Health Services who:
7656	7656	(A) works at the department's maximum security
7657	7657	unit; or
7658	7658	(B) performs on-site services for the Texas
7659	7659	Department of Criminal Justice;
7660	7660	(10) an individual who is employed by the state or a
7661	7661	political or legal subdivision and is subject to certification by
7662	7662	the Texas Commission on Fire Protection;
7663	7663	(11) an individual employed by the state or a
7664	7664	political or legal subdivision whose principal duties are aircraft
7665	7665	crash and rescue fire fighting;
7666	7666	(12) a member of an organized volunteer fire-fighting
7667	7667	unit that:
7668	7668	(A) renders fire-fighting services without
7669	7669	remuneration; and
7670	7670	(B) conducts a minimum of two drills each month,
7671	7671	each two hours long;
7672	7672	(13) an individual who:
7673	7673	(A) performs emergency medical services or
7674	7674	operates an ambulance;
7675	7675	(B) is employed by a political subdivision of the
7676	7676	state or is an emergency medical services volunteer as defined by
7677	7677	Section 773.003, Health and Safety Code; and
7678	7678	(C) is qualified as an emergency care attendant
7679	7679	or at a higher level of training under Section 773.046, 773.047,
7680	7680	773.048, 773.049, or 773.0495, Health and Safety Code;
7681	7681	(14) an individual who is employed or formally
7682	7682	designated as a chaplain for:
7683	7683	(A) an organized volunteer fire-fighting unit or
7684	7684	other fire department of this state or of a political subdivision of
7685	7685	this state;
7686	7686	(B) a law enforcement agency of this state or of a
7687	7687	political subdivision of this state; or
7688	7688	(C) the Texas Department of Criminal Justice;
7689	7689	(15) an individual who is employed by the state or a
7690	7690	political subdivision of the state and who is considered by the
7691	7691	governmental employer to be a trainee for a position otherwise
7692	7692	described by this section;
7693	7693	(16) an individual who is employed by the Department
7694	7694	of Public Safety and, as certified by the director, is:
7695	7695	(A) deployed into the field in direct support of
7696	7696	a law enforcement operation, including patrol, investigative,
7697	7697	search and rescue, crime scene, on-site communications, or special
7698	7698	operations; and
7699	7699	(B) given a special assignment in direct support
7700	7700	of operations relating to organized crime, criminal interdiction,
7701	7701	border security, counterterrorism, intelligence, traffic
7702	7702	enforcement, emergency management, regulatory services, or special
7703	7703	investigations; or
7704	7704	(17) an individual who is employed by the Parks and
7705	7705	Wildlife Department and, as certified by the executive director of
7706	7706	the Parks and Wildlife Department, is:
7707	7707	(A) deployed into the field in direct support of
7708	7708	a law enforcement operation, including patrol, investigative,
7709	7709	search and rescue, crime scene, on-site communications, or special
7710	7710	operations; and
7711	7711	(B) given a special assignment in direct support
7712	7712	of operations relating to organized crime, criminal interdiction,
7713	7713	border security, counterterrorism, intelligence, traffic
7714	7714	enforcement, emergency management, regulatory services, or special
7715	7715	investigations.
7716	7716	SECTION 2.110. Section 615.102(a), Government Code, is
7717	7717	amended to read as follows:
7718	7718	(a) This section applies only to:
7719	7719	(1) an individual listed in Section 615.003(1) who is
7720	7720	employed by a political subdivision of the state;
7721	7721	(2) a peace officer under Article 2A.001 [2.12], Code
7722	7722	of Criminal Procedure, or other law who is employed by the state,
7723	7723	including any state agency or any institution of higher education
7724	7724	under Section 61.003, Education Code; or
7725	7725	(3) an individual listed in Section 615.003(7).
7726	7726	SECTION 2.111. Section 615.103(a), Government Code, is
7727	7727	amended to read as follows:
7728	7728	(a) This section applies only to:
7729	7729	(1) an individual listed in Section 615.003(1) who is
7730	7730	employed by a political subdivision of the state;
7731	7731	(2) a peace officer under Article 2A.001 [2.12], Code
7732	7732	of Criminal Procedure, or other law who is employed by the state,
7733	7733	including any state agency or any institution of higher education
7734	7734	under Section 61.003, Education Code;
7735	7735	(3) an individual listed in Section 615.003(7); or
7736	7736	(4) an individual listed in Section 615.003(10) or
7737	7737	(11) who is employed by a political subdivision of the state.
7738	7738	SECTION 2.112. Section 615.105(a), Government Code, is
7739	7739	amended to read as follows:
7740	7740	(a) This section applies only to:
7741	7741	(1) an individual elected, appointed, or employed as a
7742	7742	peace officer by the state or a political subdivision of the state
7743	7743	under Article 2A.001 [2.12], Code of Criminal Procedure, or other
7744	7744	law; or
7745	7745	(2) an honorably retired peace officer who formerly
7746	7746	held a position described by Subdivision (1) and voluntarily
7747	7747	terminated employment with a law enforcement agency of this state
7748	7748	or a political subdivision of this state.
7749	7749	SECTION 2.113. Section 661.918(a), Government Code, is
7750	7750	amended to read as follows:
7751	7751	(a) This section applies to a peace officer under Article
7752	7752	2A.001 [2.12], Code of Criminal Procedure, who is commissioned as a
7753	7753	law enforcement officer or agent, including a ranger, by:
7754	7754	(1) the Public Safety Commission and the director of
7755	7755	the Department of Public Safety;
7756	7756	(2) the Parks and Wildlife Commission;
7757	7757	(3) the Texas Alcoholic Beverage Commission;
7758	7758	(4) the attorney general; or
7759	7759	(5) the insurance fraud unit of the Texas Department
7760	7760	of Insurance.
7761	7761	SECTION 2.114. Section 662.005(b), Government Code, is
7762	7762	amended to read as follows:
7763	7763	(b) Except as provided by Section 662.010, and
7764	7764	notwithstanding Section 659.015 or another law, a state employee
7765	7765	who is a peace officer commissioned by a state officer or state
7766	7766	agency listed under Article 2A.001 [2.12], Code of Criminal
7767	7767	Procedure, or who is employed by the Department of Public Safety
7768	7768	either to perform communications or dispatch services related to
7769	7769	traffic law enforcement or as a public security officer, as that
7770	7770	term is defined by Section 1701.001, Occupations Code, or who is
7771	7771	employed by the Parks and Wildlife Department to perform
7772	7772	communications and dispatch services to assist law enforcement
7773	7773	officers commissioned by the Parks and Wildlife Commission in
7774	7774	performing law enforcement duties, and who is required to work on a
7775	7775	national or state holiday that falls on a Saturday or Sunday is
7776	7776	entitled to compensatory time off at the rate of one hour for each
7777	7777	hour worked on the holiday.
7778	7778	SECTION 2.115. Sections 752.053(a) and (b), Government
7779	7779	Code, are amended to read as follows:
7780	7780	(a) A local entity or campus police department may not:
7781	7781	(1) adopt, enforce, or endorse a policy under which
7782	7782	the entity or department prohibits or materially limits the
7783	7783	enforcement of immigration laws;
7784	7784	(2) as demonstrated by pattern or practice, prohibit
7785	7785	or materially limit the enforcement of immigration laws; or
7786	7786	(3) for an entity that is a law enforcement agency or
7787	7787	for a department, as demonstrated by pattern or practice,
7788	7788	intentionally violate Article 2A.060 [2.251], Code of Criminal
7789	7789	Procedure.
7790	7790	(b) In compliance with Subsection (a), a local entity or
7791	7791	campus police department may not prohibit or materially limit a
7792	7792	person who is a commissioned peace officer described by Article
7793	7793	2A.001 [2.12], Code of Criminal Procedure, a corrections officer, a
7794	7794	booking clerk, a magistrate, or a district attorney, criminal
7795	7795	district attorney, or other prosecuting attorney and who is
7796	7796	employed by or otherwise under the direction or control of the
7797	7797	entity or department from doing any of the following:
7798	7798	(1) inquiring into the immigration status of a person
7799	7799	under a lawful detention or under arrest;
7800	7800	(2) with respect to information relating to the
7801	7801	immigration status, lawful or unlawful, of any person under a
7802	7802	lawful detention or under arrest, including information regarding
7803	7803	the person's place of birth:
7804	7804	(A) sending the information to or requesting or
7805	7805	receiving the information from United States Citizenship and
7806	7806	Immigration Services, United States Immigration and Customs
7807	7807	Enforcement, or another relevant federal agency;
7808	7808	(B) maintaining the information; or
7809	7809	(C) exchanging the information with another
7810	7810	local entity or campus police department or a federal or state
7811	7811	governmental entity;
7812	7812	(3) assisting or cooperating with a federal
7813	7813	immigration officer as reasonable or necessary, including
7814	7814	providing enforcement assistance; or
7815	7815	(4) permitting a federal immigration officer to enter
7816	7816	and conduct enforcement activities at a jail to enforce federal
7817	7817	immigration laws.
7818	7818	SECTION 2.116. Section 752.057(a), Government Code, is
7819	7819	amended to read as follows:
7820	7820	(a) Each law enforcement agency that is subject to the
7821	7821	requirements of this subchapter may adopt a written policy
7822	7822	requiring the agency to perform community outreach activities to
7823	7823	educate the public that a peace officer may not inquire into the
7824	7824	immigration status of a victim of or witness to an alleged criminal
7825	7825	offense unless, as provided by Article 2A.059 [2.13], Code of
7826	7826	Criminal Procedure, the officer determines that the inquiry is
7827	7827	necessary to:
7828	7828	(1) investigate the offense; or
7829	7829	(2) provide the victim or witness with information
7830	7830	about federal visas designed to protect individuals providing
7831	7831	assistance to law enforcement.
7832	7832	SECTION 2.117. Section 772.0074(a)(4), Government Code, is
7833	7833	amended to read as follows:
7834	7834	(4) "Peace officer" has the meaning assigned by
7835	7835	Article 2A.001 [2.12], Code of Criminal Procedure.
7836	7836	SECTION 2.118. Section 2158.009(d), Government Code, is
7837	7837	amended to read as follows:
7838	7838	(d) Subsection (b) does not apply to a state agency's
7839	7839	purchase of a vehicle to be used by a peace officer, as defined by
7840	7840	Article 2A.001 [2.12], Code of Criminal Procedure, whose duties
7841	7841	include the apprehension of persons for violation of a criminal law
7842	7842	of this state.
7843	7843	SECTION 2.119. Section 3105.003(a), Government Code, is
7844	7844	amended to read as follows:
7845	7845	(a) A person is eligible to have the person's name on the
7846	7846	monument if the person was killed in the line of duty and was:
7847	7847	(1) a law enforcement officer or peace officer for
7848	7848	this state or a political subdivision of this state under Article
7849	7849	2A.001 [2.12], Code of Criminal Procedure, or other law;
7850	7850	(2) a federal law enforcement officer or special agent
7851	7851	performing duties in this state, including those officers under
7852	7852	Article 2A.002 [2.122], Code of Criminal Procedure;
7853	7853	(3) a corrections or detention officer or county or
7854	7854	municipal jailer employed or appointed by a municipal, county, or
7855	7855	state penal institution in this state; or
7856	7856	(4) employed by this state or a political subdivision
7857	7857	of this state and considered by the person's employer to be a
7858	7858	trainee for a position described by Subdivision (1), (2), or (3).
7859	7859	SECTION 2.120. Section 3106.001(3), Government Code, is
7860	7860	amended to read as follows:
7861	7861	(3) "Peace officer" means a peace officer commissioned
7862	7862	by the state or a political subdivision of the state under Article
7863	7863	2A.001 [2.12], Code of Criminal Procedure, or other law.
7864	7864	SECTION 2.121. Section 81.003(4-b), Health and Safety Code,
7865	7865	is amended to read as follows:
7866	7866	(4-b) "Peace officer" has the meaning assigned by
7867	7867	Article 2A.001 [2.12], Code of Criminal Procedure. The term
7868	7868	includes a sheriff or constable.
7869	7869	SECTION 2.122. Section 382.018(g), Health and Safety Code,
7870	7870	is amended to read as follows:
7871	7871	(g) Notwithstanding Section 7.002, Water Code, the
7872	7872	provisions of this section and rules adopted under this section may
7873	7873	be enforced by a peace officer as described by Article 2A.001
7874	7874	[2.12], Code of Criminal Procedure.
7875	7875	SECTION 2.123. Section 436.102(b), Health and Safety Code,
7876	7876	is amended to read as follows:
7877	7877	(b) A molluscan shellfish plant operator may employ an
7878	7878	off-duty peace officer to monitor the gathering of shellfish for
7879	7879	depuration from a restricted or conditionally restricted area as
7880	7880	provided by the rules adopted under Subsection (a). In this
7881	7881	subsection, "peace officer" includes those persons listed in
7882	7882	Article 2A.001 [2.12], Code of Criminal Procedure.
7883	7883	SECTION 2.124. Section 552.101, Health and Safety Code, is
7884	7884	amended to read as follows:
7885	7885	Sec. 552.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH
7886	7886	CERTAIN INVESTIGATIONS. The inspector general shall employ and
7887	7887	commission peace officers for the purpose of assisting a state or
7888	7888	local law enforcement agency in the investigation of an alleged
7889	7889	criminal offense involving a patient of a state hospital. A peace
7890	7890	officer employed and commissioned by the inspector general is a
7891	7891	peace officer for purposes of Article 2A.001 [2.12], Code of
7892	7892	Criminal Procedure.
7893	7893	SECTION 2.125. Section 555.101, Health and Safety Code, is
7894	7894	amended to read as follows:
7895	7895	Sec. 555.101. ASSISTING LAW ENFORCEMENT AGENCIES WITH
7896	7896	CERTAIN INVESTIGATIONS. The inspector general shall employ and
7897	7897	commission peace officers for the purpose of assisting a state or
7898	7898	local law enforcement agency in the investigation of an alleged
7899	7899	criminal offense involving a resident or client of a center. A
7900	7900	peace officer employed and commissioned by the inspector general is
7901	7901	a peace officer for purposes of Article 2A.001 [2.12], Code of
7902	7902	Criminal Procedure.
7903	7903	SECTION 2.126. Section 821.0211, Health and Safety Code, is
7904	7904	amended to read as follows:
7905	7905	Sec. 821.0211. ADDITIONAL DEFINITION. In this subchapter,
7906	7906	"magistrate" means any officer as defined in Article 2A.151 [2.09],
7907	7907	Code of Criminal Procedure, except that the term does not include
7908	7908	justices of the supreme court, judges of the court of criminal
7909	7909	appeals, or courts of appeals, judges or associate judges of
7910	7910	statutory probate courts, or judges or associate judges of district
7911	7911	courts that give preference to family law matters or family
7912	7912	district courts under Subchapter D, Chapter 24, Government Code.
7913	7913	SECTION 2.127. Section 31.045, Human Resources Code, is
7914	7914	amended to read as follows:
7915	7915	Sec. 31.045. PEACE OFFICERS. The commission's office of
7916	7916	inspector general may employ and commission peace officers for the
7917	7917	purpose of assisting the office in the investigation of fraud,
7918	7918	waste, or abuse in the financial assistance program. A peace
7919	7919	officer employed and commissioned by the office is a peace officer
7920	7920	for purposes of Article 2A.001 [2.12], Code of Criminal Procedure.
7921	7921	SECTION 2.128. Section 33.032, Human Resources Code, is
7922	7922	amended to read as follows:
7923	7923	Sec. 33.032. PEACE OFFICERS. The commission's office of
7924	7924	inspector general may employ and commission peace officers for the
7925	7925	purpose of assisting the office in the investigation of fraud,
7926	7926	waste, or abuse in the supplemental nutrition assistance program.
7927	7927	A peace officer employed and commissioned by the office is a peace
7928	7928	officer for purposes of Article 2A.001 [2.12], Code of Criminal
7929	7929	Procedure.
7930	7930	SECTION 2.129. Section 242.102(d), Human Resources Code, is
7931	7931	amended to read as follows:
7932	7932	(d) The office of inspector general may employ and
7933	7933	commission inspectors general as peace officers for the purpose of
7934	7934	carrying out the duties described by this section. An inspector
7935	7935	general shall have all of the powers and duties given to peace
7936	7936	officers under Articles 2A.051 and 2A.059 [Article 2.13], Code of
7937	7937	Criminal Procedure.
7938	7938	SECTION 2.130. Section 501.001(5), Labor Code, is amended
7939	7939	to read as follows:
7940	7940	(5) "Employee" means a person who is:
7941	7941	(A) in the service of the state pursuant to an
7942	7942	election, appointment, or express oral or written contract of hire;
7943	7943	(B) paid from state funds but whose duties
7944	7944	require that the person work and frequently receive supervision in
7945	7945	a political subdivision of the state;
7946	7946	(C) a peace officer employed by a political
7947	7947	subdivision, while the peace officer is exercising authority
7948	7948	granted under:
7949	7949	(i) Article 2A.001 [2.12], Code of Criminal
7950	7950	Procedure; or
7951	7951	(ii) Articles 14.03(d) and (g), Code of
7952	7952	Criminal Procedure;
7953	7953	(D) a member of the state military forces, as
7954	7954	defined by Section 437.001, Government Code, who is engaged in
7955	7955	authorized training or duty;
7956	7956	(E) a Texas Task Force 1 member, as defined by
7957	7957	Section 88.301, Education Code, who is activated by the Texas
7958	7958	Division of Emergency Management or is injured during training
7959	7959	sponsored or sanctioned by Texas Task Force 1; or
7960	7960	(F) an intrastate fire mutual aid system team
7961	7961	member or a regional incident management team member, as defined by
7962	7962	Section 88.126, Education Code, who is activated by the Texas
7963	7963	Division of Emergency Management or is injured during training
7964	7964	sponsored or sanctioned by the Texas Division of Emergency
7965	7965	Management on behalf of an intrastate fire mutual aid system team or
7966	7966	a regional incident management team, as applicable.
7967	7967	SECTION 2.131. Section 504.019(a)(1), Labor Code, is
7968	7968	amended to read as follows:
7969	7969	(1) "First responder" means an individual employed by
7970	7970	a political subdivision of this state who is:
7971	7971	(A) a peace officer under Article 2A.001 [2.12],
7972	7972	Code of Criminal Procedure;
7973	7973	(B) a person licensed under Chapter 773, Health
7974	7974	and Safety Code, as an emergency care attendant, emergency medical
7975	7975	technician, emergency medical technician-intermediate, emergency
7976	7976	medical technician-paramedic, or licensed paramedic; or
7977	7977	(C) a firefighter subject to certification by the
7978	7978	Texas Commission on Fire Protection under Chapter 419, Government
7979	7979	Code, whose principal duties are firefighting and aircraft crash
7980	7980	and rescue.
7981	7981	SECTION 2.132. Section 504.055(a), Labor Code, is amended
7982	7982	to read as follows:
7983	7983	(a) In this section, "first responder" means:
7984	7984	(1) an individual employed by a political subdivision
7985	7985	of this state who is:
7986	7986	(A) a peace officer under Article 2A.001 [2.12],
7987	7987	Code of Criminal Procedure;
7988	7988	(B) a person licensed under Chapter 773, Health
7989	7989	and Safety Code, as an emergency care attendant, emergency medical
7990	7990	technician, emergency medical technician-intermediate, emergency
7991	7991	medical technician-paramedic, or licensed paramedic; or
7992	7992	(C) a firefighter subject to certification by the
7993	7993	Texas Commission on Fire Protection under Chapter 419, Government
7994	7994	Code, whose principal duties are firefighting and aircraft crash
7995	7995	and rescue; or
7996	7996	(2) an individual covered under Section 504.012(a) who
7997	7997	is providing volunteer services to a political subdivision of this
7998	7998	state as:
7999	7999	(A) a volunteer firefighter, without regard to
8000	8000	whether the volunteer firefighter is certified under Subchapter D,
8001	8001	Chapter 419, Government Code; or
8002	8002	(B) an emergency medical services volunteer, as
8003	8003	defined by Section 773.003, Health and Safety Code.
8004	8004	SECTION 2.133. Section 85.004(b), Local Government Code, is
8005	8005	amended to read as follows:
8006	8006	(b) A reserve deputy serves at the discretion of the sheriff
8007	8007	and may be called into service if the sheriff considers it necessary
8008	8008	to have additional officers to preserve the peace and enforce the
8009	8009	law. The sheriff may authorize a reserve deputy who is a peace
8010	8010	officer as described by Article 2A.001 [2.12], Code of Criminal
8011	8011	Procedure, to carry a weapon or act as a peace officer at all times,
8012	8012	regardless of whether the reserve deputy is engaged in the actual
8013	8013	discharge of official duties, or may limit the authority of the
8014	8014	reserve deputy to carry a weapon or act as a peace officer to only
8015	8015	those times during which the reserve deputy is engaged in the actual
8016	8016	discharge of official duties. A reserve deputy who is not a peace
8017	8017	officer as described by Article 2A.001 [2.12], Code of Criminal
8018	8018	Procedure, may act as a peace officer only during the actual
8019	8019	discharge of official duties. A reserve deputy, regardless of
8020	8020	whether the reserve deputy is a peace officer as described by
8021	8021	Article 2A.001 [2.12], Code of Criminal Procedure, is not:
8022	8022	(1) eligible for participation in any program provided
8023	8023	by the county that is normally considered a financial benefit of
8024	8024	full-time employment or for any pension fund created by statute for
8025	8025	the benefit of full-time paid peace officers; or
8026	8026	(2) exempt from Chapter 1702, Occupations Code.
8027	8027	SECTION 2.134. Section 86.0021(a), Local Government Code,
8028	8028	is amended to read as follows:
8029	8029	(a) A person is not eligible to serve as constable unless:
8030	8030	(1) the person is eligible to be licensed under
8031	8031	Sections 1701.309 and 1701.312, Occupations Code, and:
8032	8032	(A) has at least an associate's degree conferred
8033	8033	by an institution of higher education accredited by an accrediting
8034	8034	organization recognized by the Texas Higher Education Coordinating
8035	8035	Board;
8036	8036	(B) is a special investigator under Article
8037	8037	2A.002(a) [2.122(a)], Code of Criminal Procedure; or
8038	8038	(C) is an honorably retired peace officer or
8039	8039	honorably retired federal criminal investigator who holds a
8040	8040	certificate of proficiency issued under Section 1701.357,
8041	8041	Occupations Code; or
8042	8042	(2) the person is an active or inactive licensed peace
8043	8043	officer under Chapter 1701, Occupations Code.
8044	8044	SECTION 2.135. Section 86.012(b), Local Government Code, is
8045	8045	amended to read as follows:
8046	8046	(b) A reserve deputy constable serves at the discretion of
8047	8047	the constable and may be called into service at any time that the
8048	8048	constable considers it necessary to have additional officers to
8049	8049	preserve the peace and enforce the law. The constable may authorize
8050	8050	a reserve deputy constable who is a peace officer as described by
8051	8051	Article 2A.001 [2.12], Code of Criminal Procedure, to carry a
8052	8052	weapon or act as a peace officer at all times, regardless of whether
8053	8053	the reserve deputy constable is engaged in the actual discharge of
8054	8054	official duties, or may limit the authority of the reserve deputy
8055	8055	constable to carry a weapon or act as a peace officer to only those
8056	8056	times during which the reserve deputy constable is engaged in the
8057	8057	actual discharge of official duties. A reserve deputy constable
8058	8058	who is not a peace officer as described by Article 2A.001 [2.12],
8059	8059	Code of Criminal Procedure, may act as a peace officer only during
8060	8060	the actual discharge of official duties. A reserve deputy
8061	8061	constable, regardless of whether the reserve deputy constable is a
8062	8062	peace officer as described by Article 2A.001 [2.12], Code of
8063	8063	Criminal Procedure, is not:
8064	8064	(1) eligible for participation in any program provided
8065	8065	by the county that is normally considered a financial benefit of
8066	8066	full-time employment or for any pension fund created by statute for
8067	8067	the benefit of full-time paid peace officers; or
8068	8068	(2) exempt from Chapter 1702, Occupations Code.
8069	8069	SECTION 2.136. Section 134.156(a), Local Government Code,
8070	8070	is amended to read as follows:
8071	8071	(a) Money allocated under Section 134.103 to the local
8072	8072	truancy prevention and diversion fund maintained in the county or
8073	8073	municipal treasury as required by Section 134.151 may be used by a
8074	8074	county or municipality to finance the salary, benefits, training,
8075	8075	travel expenses, office supplies, and other necessary expenses
8076	8076	relating to the position of a juvenile case manager employed under
8077	8077	Article 45A.451 [45.056], Code of Criminal Procedure. If there is
8078	8078	money in the fund after those costs are paid, subject to the
8079	8079	direction of the governing body of the county or municipality and on
8080	8080	approval by the employing court, a juvenile case manager may direct
8081	8081	the remaining money to be used to implement programs directly
8082	8082	related to the duties of the juvenile case manager, including
8083	8083	juvenile alcohol and substance abuse programs, educational and
8084	8084	leadership programs, and any other projects designed to prevent or
8085	8085	reduce the number of juvenile referrals to the court.
8086	8086	SECTION 2.137. Section 141.008(a-2), Local Government
8087	8087	Code, is amended to read as follows:
8088	8088	(a-2) The governing body shall make the payroll deduction
8089	8089	described by Subsection (a) if:
8090	8090	(1) requested in writing by employees who:
8091	8091	(A) are peace officers as defined by Article
8092	8092	2A.001 [2.12], Code of Criminal Procedure; and
8093	8093	(B) are not members of a police department
8094	8094	covered by a collective bargaining agreement or meet-and-confer
8095	8095	agreement entered into under this code; and
8096	8096	(2) the municipality permits deductions for purposes
8097	8097	other than charity, health insurance, taxes, or other purposes for
8098	8098	which the municipality is required by law to permit a deduction.
8099	8099	SECTION 2.138. Section 142.004(a), Local Government Code,
8100	8100	is amended to read as follows:
8101	8101	(a) In this section, "peace officer" means a peace officer
8102	8102	as defined by Article 2A.001 [2.12], Code of Criminal Procedure.
8103	8103	SECTION 2.139. Section 142.052(1), Local Government Code,
8104	8104	is amended to read as follows:
8105	8105	(1) "Police officer" means a person who is a peace
8106	8106	officer under Article 2A.001 [2.12], Code of Criminal Procedure, or
8107	8107	other law, and who is employed by a municipality.
8108	8108	SECTION 2.140. Section 180.002(a), Local Government Code,
8109	8109	is amended to read as follows:
8110	8110	(a) In this section, "peace officer" has the meaning
8111	8111	assigned by Article 2A.001 [2.12], Code of Criminal Procedure.
8112	8112	SECTION 2.141. Section 180.008(a)(5), Local Government
8113	8113	Code, as added by Chapter 685 (H.B. 2073), Acts of the 87th
8114	8114	Legislature, Regular Session, 2021, is amended to read as follows:
8115	8115	(5) "Peace officer" means an individual described by
8116	8116	Article 2A.001 [2.12], Code of Criminal Procedure, who is elected
8117	8117	for, employed by, or appointed by a political subdivision.
8118	8118	SECTION 2.142. Sections 341.012(f), (g), and (h), Local
8119	8119	Government Code, are amended to read as follows:
8120	8120	(f) A member of a reserve force who is not a peace officer as
8121	8121	described by Article 2A.001 [2.12], Code of Criminal Procedure, may
8122	8122	act as a peace officer only during the actual discharge of official
8123	8123	duties.
8124	8124	(g) An appointment to the reserve force must be approved by
8125	8125	the governing body before the person appointed may carry a weapon or
8126	8126	otherwise act as a peace officer. On approval of the appointment of
8127	8127	a member who is not a peace officer as described by Article 2A.001
8128	8128	[2.12], Code of Criminal Procedure, the person appointed may carry
8129	8129	a weapon only when authorized to do so by the chief of police and
8130	8130	only when discharging official duties as a peace officer.
8131	8131	(h) Reserve police officers may act only in a supplementary
8132	8132	capacity to the regular police force and may not assume the
8133	8133	full-time duties of regular police officers without complying with
8134	8134	the requirements for regular police officers. On approval of the
8135	8135	appointment of a member who is a peace officer as described by
8136	8136	Article 2A.001 [2.12], Code of Criminal Procedure, the chief of
8137	8137	police may authorize the person appointed to carry a weapon or act
8138	8138	as a peace officer at all times, regardless of whether the person is
8139	8139	engaged in the actual discharge of official duties, or may limit the
8140	8140	authority of the person to carry a weapon or act as a peace officer
8141	8141	to only those times during which the person is engaged in the actual
8142	8142	discharge of official duties. A reserve police officer, regardless
8143	8143	of whether the reserve police officer is a peace officer as
8144	8144	described by Article 2A.001 [2.12], Code of Criminal Procedure, is
8145	8145	not:
8146	8146	(1) eligible for participation in any program provided
8147	8147	by the governing body that is normally considered a financial
8148	8148	benefit of full-time employment or for any pension fund created by
8149	8149	statute for the benefit of full-time paid peace officers; or
8150	8150	(2) exempt from Chapter 1702, Occupations Code.
8151	8151	SECTION 2.143. Section 341.904(e), Local Government Code,
8152	8152	is amended to read as follows:
8153	8153	(e) It is an affirmative defense to prosecution under this
8154	8154	section that:
8155	8155	(1) the object was used or intended to be used
8156	8156	exclusively for decorative purposes and:
8157	8157	(A) the actor was not engaged in an activity
8158	8158	involving police work or security work; or
8159	8159	(B) the object was used only in an artistic or
8160	8160	dramatic presentation;
8161	8161	(2) the actor was engaged in the commercial
8162	8162	manufacturing or commercial sales of the items described by
8163	8163	Subsection (b);
8164	8164	(3) the actor was a licensed peace officer who:
8165	8165	(A) was on active duty discharging an official
8166	8166	duty for an agency listed under Article 2A.001 [2.12], Code of
8167	8167	Criminal Procedure, and acting under the agency's direct
8168	8168	supervision; and
8169	8169	(B) was not privately employed as or hired on an
8170	8170	individual or independent contractor basis as a patrolman, guard,
8171	8171	watchman, flagman, or traffic conductor;
8172	8172	(4) the police chief consented, after determining that
8173	8173	consent would serve law enforcement interests in the municipality,
8174	8174	to the actor's:
8175	8175	(A) using or possessing a police identification
8176	8176	item or other insignia of the municipal police department;
8177	8177	(B) using, possessing, or wearing an item or
8178	8178	insignia similar to a police identification item or insignia of the
8179	8179	municipal police department; or
8180	8180	(C) operating a vehicle similar to a patrol
8181	8181	vehicle of the municipal police department; or
8182	8182	(5) the actor prosecuted under this section for
8183	8183	wearing a uniform wore a light blue uniform shirt in a municipality
8184	8184	that uses a light blue uniform shirt with navy blue pocket flaps and
8185	8185	epaulets for its police officers, if the actor's shirt did not have:
8186	8186	(A) the contrasting navy blue pocket flaps or
8187	8187	epaulets found on the municipal police officers' uniform shirts;
8188	8188	and
8189	8189	(B) a shoulder emblem similar in shape, color, or
8190	8190	design to an emblem found on the municipal police officers' uniform
8191	8191	shirts.
8192	8192	SECTION 2.144. Section 351.903(b), Local Government Code,
8193	8193	is amended to read as follows:
8194	8194	(b) This authority includes the authority to:
8195	8195	(1) establish the hours of the curfew, including
8196	8196	different hours for different days of the week;
8197	8197	(2) apply different curfew hours to different age
8198	8198	groups of juveniles;
8199	8199	(3) describe the kinds of conduct subject to the
8200	8200	curfew;
8201	8201	(4) determine the locations to which the curfew
8202	8202	applies;
8203	8203	(5) determine which persons incur liability if a
8204	8204	violation of the curfew occurs;
8205	8205	(6) prescribe procedures, in compliance with Article
8206	8206	45A.455 [45.059], Code of Criminal Procedure, a police officer must
8207	8207	follow in enforcing the curfew; and
8208	8208	(7) establish exemptions to the curfew, including but
8209	8209	not limited to exemptions for times when there are no classes being
8210	8210	conducted, for holidays, and for persons going to or from work.
8211	8211	SECTION 2.145. Section 455.001(13), Occupations Code, is
8212	8212	amended to read as follows:
8213	8213	(13) "Peace officer" means a person who is a peace
8214	8214	officer under Article 2A.001 [2.12], Code of Criminal Procedure.
8215	8215	SECTION 2.146. Sections 1701.001(4) and (8), Occupations
8216	8216	Code, are amended to read as follows:
8217	8217	(4) "Peace officer" means a person elected, employed,
8218	8218	or appointed as a peace officer under Article 2A.001 [2.12], Code of
8219	8219	Criminal Procedure, or other law.
8220	8220	(8) "School marshal" means a person who:
8221	8221	(A) is appointed to serve as a school marshal by:
8222	8222	(i) the board of trustees of a school
8223	8223	district or the governing body of an open-enrollment charter school
8224	8224	under Section 37.0811, Education Code;
8225	8225	(ii) the governing body of a private school
8226	8226	under Section 37.0813, Education Code; or
8227	8227	(iii) the governing board of a public
8228	8228	junior college under Section 51.220, Education Code;
8229	8229	(B) is licensed under Section 1701.260; and
8230	8230	(C) has powers and duties described by Article
8231	8231	2A.008 [2.127], Code of Criminal Procedure.
8232	8232	SECTION 2.147. Section 1701.164, Occupations Code, is
8233	8233	amended to read as follows:
8234	8234	Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA
8235	8235	SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall
8236	8236	collect and maintain incident-based data submitted to the
8237	8237	commission under Article 2B.0055 [2.134], Code of Criminal
8238	8238	Procedure, including incident-based data compiled by a law
8239	8239	enforcement agency from reports received by the law enforcement
8240	8240	agency under Article 2B.0054 [2.133] of that code. The commission
8241	8241	in consultation with the Department of Public Safety, the Bill
8242	8242	Blackwood Law Enforcement Management Institute of Texas, the W. W.
8243	8243	Caruth, Jr., Police Institute at Dallas, and the Texas Police
8244	8244	Chiefs Association shall develop guidelines for submitting in a
8245	8245	standard format the report containing incident-based data as
8246	8246	required by Article 2B.0055 [2.134], Code of Criminal Procedure.
8247	8247	SECTION 2.148. Section 1701.260(a-1), Occupations Code, is
8248	8248	amended to read as follows:
8249	8249	(a-1) In this section, "private school" has the meaning
8250	8250	assigned by Article 2A.008 [2.127], Code of Criminal Procedure.
8251	8251	SECTION 2.149. Section 1701.3161(a), Occupations Code, is
8252	8252	amended to read as follows:
8253	8253	(a) In this section, "retired peace officer" means a person
8254	8254	who served as a peace officer in this state who:
8255	8255	(1) is not currently serving as an elected, appointed,
8256	8256	or employed peace officer under Article 2A.001 [2.12], Code of
8257	8257	Criminal Procedure, or other law;
8258	8258	(2) was eligible to retire from a law enforcement
8259	8259	agency in this state or was ineligible to retire only as a result of
8260	8260	an injury received in the course of the officer's employment with
8261	8261	the law enforcement agency; and
8262	8262	(3) is eligible to receive a pension or annuity for
8263	8263	service as a law enforcement officer in this state or is ineligible
8264	8264	to receive a pension or annuity only because the law enforcement
8265	8265	agency that employed the officer does not offer a pension or annuity
8266	8266	to its employees.
8267	8267	SECTION 2.150. Section 1701.501(a), Occupations Code, is
8268	8268	amended to read as follows:
8269	8269	(a) Except as provided by Subsection (d), the commission
8270	8270	shall revoke or suspend a license, place on probation a person whose
8271	8271	license has been suspended, or reprimand a license holder for a
8272	8272	violation of:
8273	8273	(1) this chapter;
8274	8274	(2) the reporting requirements provided by Articles
8275	8275	2B.0053 and 2B.0055 [2.132 and 2.134], Code of Criminal Procedure;
8276	8276	or
8277	8277	(3) a commission rule.
8278	8278	SECTION 2.151. Section 1702.002(15), Occupations Code, is
8279	8279	amended to read as follows:
8280	8280	(15) "Peace officer" means a person who is a peace
8281	8281	officer under Article 2A.001 [2.12], Code of Criminal Procedure.
8282	8282	SECTION 2.152. Section 2308.002(8-a), Occupations Code, is
8283	8283	amended to read as follows:
8284	8284	(8-a) "Peace officer" means a person who is a peace
8285	8285	officer under Article 2A.001 [2.12], Code of Criminal Procedure.
8286	8286	SECTION 2.153. Sections 1.07(a)(36) and (46-b), Penal Code,
8287	8287	are amended to read as follows:
8288	8288	(36) "Peace officer" means a person elected, employed,
8289	8289	or appointed as a peace officer under Article 2A.001 [2.12], Code of
8290	8290	Criminal Procedure, Section 51.212 or 51.214, Education Code, or
8291	8291	other law.
8292	8292	(46-b) "Federal special investigator" means a person
8293	8293	described by Article 2A.002 [2.122], Code of Criminal Procedure.
8294	8294	SECTION 2.154. Section 8.08(d), Penal Code, is amended to
8295	8295	read as follows:
8296	8296	(d) In this section, "child" has the meaning assigned by
8297	8297	Article 45A.453(a) [45.058(h)], Code of Criminal Procedure.
8298	8298	SECTION 2.155. Section 9.54, Penal Code, is amended to read
8299	8299	as follows:
8300	8300	Sec. 9.54. LIMITATION ON USE OF FORCE BY DRONE. (a) In
8301	8301	this section:
8302	8302	(1) "Autonomous drone" means a drone that operates
8303	8303	autonomously through computer software or other programming.
8304	8304	(2) "Drone" and "law enforcement agency" have the
8305	8305	meanings assigned by Article 2B.0253 [2.33], Code of Criminal
8306	8306	Procedure.
8307	8307	(b) Notwithstanding any other law, the use of force,
8308	8308	including deadly force, involving a drone is justified under this
8309	8309	subchapter only if:
8310	8310	(1) at the time the use of force occurred, the actor
8311	8311	was employed by a law enforcement agency;
8312	8312	(2) the use of force:
8313	8313	(A) would have been justified under another
8314	8314	provision of this subchapter; and
8315	8315	(B) did not involve the use of deadly force by
8316	8316	means of an autonomous drone; and
8317	8317	(3) before the use of force occurred, the law
8318	8318	enforcement agency employing the actor adopted and submitted to the
8319	8319	Texas Commission on Law Enforcement a policy on the agency's use of
8320	8320	force by means of a drone, as required by Article 2B.0253 [2.33],
8321	8321	Code of Criminal Procedure, and the use of force conformed to the
8322	8322	requirements of that policy.
8323	8323	SECTION 2.156. Section 30.05(i), Penal Code, is amended to
8324	8324	read as follows:
8325	8325	(i) This section does not apply if:
8326	8326	(1) the basis on which entry on the property or land or
8327	8327	in the building was forbidden is that entry with a handgun or other
8328	8328	weapon was forbidden; and
8329	8329	(2) the actor at the time of the offense was a peace
8330	8330	officer, including a commissioned peace officer of a recognized
8331	8331	state, or a special investigator under Article 2A.002 [2.122], Code
8332	8332	of Criminal Procedure, regardless of whether the peace officer or
8333	8333	special investigator was engaged in the actual discharge of an
8334	8334	official duty while carrying the weapon.
8335	8335	SECTION 2.157. Section 46.15(a), Penal Code, is amended to
8336	8336	read as follows:
8337	8337	(a) Sections 46.02 and 46.03 do not apply to:
8338	8338	(1) peace officers or special investigators under
8339	8339	Article 2A.002 [2.122], Code of Criminal Procedure, and neither
8340	8340	section prohibits a peace officer or special investigator from
8341	8341	carrying a weapon in this state, including in an establishment in
8342	8342	this state serving the public, regardless of whether the peace
8343	8343	officer or special investigator is engaged in the actual discharge
8344	8344	of the officer's or investigator's duties while carrying the
8345	8345	weapon;
8346	8346	(2) parole officers, and neither section prohibits an
8347	8347	officer from carrying a weapon in this state if the officer is:
8348	8348	(A) engaged in the actual discharge of the
8349	8349	officer's duties while carrying the weapon; and
8350	8350	(B) in compliance with policies and procedures
8351	8351	adopted by the Texas Department of Criminal Justice regarding the
8352	8352	possession of a weapon by an officer while on duty;
8353	8353	(3) community supervision and corrections department
8354	8354	officers appointed or employed under Section 76.004, Government
8355	8355	Code, and neither section prohibits an officer from carrying a
8356	8356	weapon in this state if the officer is:
8357	8357	(A) engaged in the actual discharge of the
8358	8358	officer's duties while carrying the weapon; and
8359	8359	(B) authorized to carry a weapon under Section
8360	8360	76.0051, Government Code;
8361	8361	(4) an active judicial officer as defined by Section
8362	8362	411.201, Government Code, who is licensed to carry a handgun under
8363	8363	Subchapter H, Chapter 411, Government Code;
8364	8364	(5) an honorably retired peace officer or other
8365	8365	qualified retired law enforcement officer, as defined by 18 U.S.C.
8366	8366	Section 926C, who holds a certificate of proficiency issued under
8367	8367	Section 1701.357, Occupations Code, and is carrying a photo
8368	8368	identification that is issued by a federal, state, or local law
8369	8369	enforcement agency, as applicable, and that verifies that the
8370	8370	officer is an honorably retired peace officer or other qualified
8371	8371	retired law enforcement officer;
8372	8372	(6) the attorney general or a United States attorney,
8373	8373	district attorney, criminal district attorney, county attorney, or
8374	8374	municipal attorney who is licensed to carry a handgun under
8375	8375	Subchapter H, Chapter 411, Government Code;
8376	8376	(7) an assistant United States attorney, assistant
8377	8377	attorney general, assistant district attorney, assistant criminal
8378	8378	district attorney, or assistant county attorney who is licensed to
8379	8379	carry a handgun under Subchapter H, Chapter 411, Government Code;
8380	8380	(8) a bailiff designated by an active judicial officer
8381	8381	as defined by Section 411.201, Government Code, who is:
8382	8382	(A) licensed to carry a handgun under Subchapter
8383	8383	H, Chapter 411, Government Code; and
8384	8384	(B) engaged in escorting the judicial officer;
8385	8385	(9) a juvenile probation officer who is authorized to
8386	8386	carry a firearm under Section 142.006, Human Resources Code; or
8387	8387	(10) a person who is volunteer emergency services
8388	8388	personnel if the person is:
8389	8389	(A) carrying a handgun under the authority of
8390	8390	Subchapter H, Chapter 411, Government Code; and
8391	8391	(B) engaged in providing emergency services.
8392	8392	SECTION 2.158. Section 50.01(2), Penal Code, is amended to
8393	8393	read as follows:
8394	8394	(2) "Law enforcement officer" means a person who is a
8395	8395	peace officer under Article 2A.001 [2.12], Code of Criminal
8396	8396	Procedure, or a person who is a federal law enforcement officer, as
8397	8397	defined by 5 U.S.C. Section 8331(20).
8398	8398	SECTION 2.159. Section 31.0391(b), Parks and Wildlife Code,
8399	8399	is amended to read as follows:
8400	8400	(b) This section does not apply to the release of
8401	8401	information to:
8402	8402	(1) a peace officer as defined by Article 2A.001
8403	8403	[2.12], Code of Criminal Procedure, who is acting in an official
8404	8404	capacity; or
8405	8405	(2) a state official or an official of a political
8406	8406	subdivision of this state who requests the information for tax
8407	8407	purposes.
8408	8408	SECTION 2.160. Section 61.201(e), Parks and Wildlife Code,
8409	8409	is amended to read as follows:
8410	8410	(e) This section may be enforced by any peace officer listed
8411	8411	in Article 2A.001 [2.12], Code of Criminal Procedure.
8412	8412	SECTION 2.161. Section 62.014(n), Parks and Wildlife Code,
8413	8413	is amended to read as follows:
8414	8414	(n) The following persons are exempt from any requirement to
8415	8415	complete a hunter education course under this section:
8416	8416	(1) an honorably discharged veteran of the United
8417	8417	States armed forces or a person who is on active duty as a member of
8418	8418	the United States armed forces;
8419	8419	(2) a person who is on active duty or has previously
8420	8420	served as a member of the Texas Army National Guard, the Texas Air
8421	8421	National Guard, or the Texas State Guard; or
8422	8422	(3) a person who is serving or has previously served as
8423	8423	a peace officer described by [Subdivision (1), (2), (3), or (4),]
8424	8424	Article 2A.001(1), (2), (3), or (4) [2.12], Code of Criminal
8425	8425	Procedure.
8426	8426	SECTION 2.162. Section 62.082(d), Parks and Wildlife Code,
8427	8427	is amended to read as follows:
8428	8428	(d) Section 62.081 does not apply to:
8429	8429	(1) an employee of the Lower Colorado River Authority;
8430	8430	(2) a person authorized to hunt under Subsection (c);
8431	8431	(3) a peace officer as defined by Article 2A.001
8432	8432	[2.12], Code of Criminal Procedure; or
8433	8433	(4) a person who:
8434	8434	(A) possesses a handgun and a license issued
8435	8435	under Subchapter H, Chapter 411, Government Code, to carry a
8436	8436	handgun; or
8437	8437	(B) under circumstances in which the person would
8438	8438	be justified in the use of deadly force under Chapter 9, Penal Code,
8439	8439	shoots a handgun the person is licensed to carry under Subchapter H,
8440	8440	Chapter 411, Government Code.
8441	8441	SECTION 2.163. Section 201.910(b), Transportation Code, is
8442	8442	amended to read as follows:
8443	8443	(b) As used in this section, "peace officer" means a person
8444	8444	who was:
8445	8445	(1) a law enforcement officer or peace officer for
8446	8446	this state or a political subdivision of this state under Article
8447	8447	2A.001 [2.12], Code of Criminal Procedure, or other law; or
8448	8448	(2) a federal law enforcement officer or special agent
8449	8449	performing duties in this state, including those officers under
8450	8450	Article 2A.002 [2.122], Code of Criminal Procedure.
8451	8451	SECTION 2.164. Section 451.113(c), Transportation Code, is
8452	8452	amended to read as follows:
8453	8453	(c) Subsection (a) may be enforced by any peace officer
8454	8454	listed in Article 2A.001 [2.12], Code of Criminal Procedure, in
8455	8455	whose jurisdiction the offense is committed.
8456	8456	SECTION 2.165. Section 472.022(f), Transportation Code, is
8457	8457	amended to read as follows:
8458	8458	(f) Subchapters G and H, Chapter 45A [Articles 45.051 and
8459	8459	45.0511], Code of Criminal Procedure, do not apply to an offense
8460	8460	under this section committed in a construction or maintenance work
8461	8461	zone when workers are present.
8462	8462	SECTION 2.166. Section 502.452(c), Transportation Code, is
8463	8463	amended to read as follows:
8464	8464	(c) A peace officer listed in Article 2A.001 [2.12], Code of
8465	8465	Criminal Procedure, may seize a motor vehicle displaying exempt
8466	8466	license plates if the vehicle is:
8467	8467	(1) operated on a public highway; and
8468	8468	(2) not identified in the manner prescribed by
8469	8469	Subsection (a) or (b), unless the vehicle is covered by Subsection
8470	8470	(f).
8471	8471	SECTION 2.167. Section 521.1211(a)(1), Transportation
8472	8472	Code, is amended to read as follows:
8473	8473	(1) "Peace officer" has the meaning assigned by
8474	8474	Article 2A.001 [2.12], Code of Criminal Procedure, except that the
8475	8475	term includes a special investigator as defined by Article 2A.002
8476	8476	[2.122], Code of Criminal Procedure.
8477	8477	SECTION 2.168. Section 521.126(d), Transportation Code, is
8478	8478	amended to read as follows:
8479	8479	(d) The prohibition provided by Subsection (b) does not
8480	8480	apply to a person who accesses, uses, compiles, or maintains a
8481	8481	database of the information for a law enforcement or governmental
8482	8482	purpose, including:
8483	8483	(1) an officer or employee of the department carrying
8484	8484	out law enforcement or government purposes;
8485	8485	(2) a peace officer, as defined by Article 2A.001
8486	8486	[2.12], Code of Criminal Procedure, acting in the officer's
8487	8487	official capacity;
8488	8488	(3) a license deputy, as defined by Section 12.702,
8489	8489	Parks and Wildlife Code, issuing a license, stamp, tag, permit, or
8490	8490	other similar item through use of a point-of-sale system under
8491	8491	Section 12.703, Parks and Wildlife Code;
8492	8492	(4) a person acting as authorized by Section 109.61,
8493	8493	Alcoholic Beverage Code;
8494	8494	(5) a person establishing the identity of a voter
8495	8495	under Chapter 63, Election Code;
8496	8496	(6) a person acting as authorized by Section 161.0825,
8497	8497	Health and Safety Code; or
8498	8498	(7) a person screening an individual who will work
8499	8499	with or have access to children if the person is an employee or an
8500	8500	agent of an employee of a public school district or an organization
8501	8501	exempt from federal income tax under Section 501(c)(3), Internal
8502	8502	Revenue Code of 1986, as amended, that sponsors a program for youth.
8503	8503	SECTION 2.169. Section 521.3451(a), Transportation Code,
8504	8504	is amended to read as follows:
8505	8505	(a) The department shall suspend or deny the issuance of a
8506	8506	driver's license or learner license on receipt of an order to
8507	8507	suspend or deny the issuance of either license from a justice or
8508	8508	municipal court under Article 45A.461 [45.050], Code of Criminal
8509	8509	Procedure.
8510	8510	SECTION 2.170. Section 521.453(c), Transportation Code, is
8511	8511	amended to read as follows:
8512	8512	(c) A peace officer listed in Article 2A.001 [2.12], Code of
8513	8513	Criminal Procedure, may confiscate a document that:
8514	8514	(1) is deceptively similar to a driver's license or
8515	8515	personal identification certificate; and
8516	8516	(2) does not display the statement required under
8517	8517	Subsection (a).
8518	8518	SECTION 2.171. Section 541.201(13-a), Transportation Code,
8519	8519	is amended to read as follows:
8520	8520	(13-a) "Police vehicle" means a vehicle used by a
8521	8521	peace officer, as defined by Article 2A.001 [2.12], Code of
8522	8522	Criminal Procedure, for law enforcement purposes that:
8523	8523	(A) is owned or leased by a governmental entity;
8524	8524	(B) is owned or leased by the police department
8525	8525	of a private institution of higher education that commissions peace
8526	8526	officers under Section 51.212, Education Code; or
8527	8527	(C) is:
8528	8528	(i) a private vehicle owned or leased by the
8529	8529	peace officer; and
8530	8530	(ii) approved for use for law enforcement
8531	8531	purposes by the head of the law enforcement agency that employs the
8532	8532	peace officer, or by that person's designee, provided that use of
8533	8533	the private vehicle must, if applicable, comply with any rule
8534	8534	adopted by the commissioners court of a county under Section
8535	8535	170.001, Local Government Code, and that the private vehicle may
8536	8536	not be considered an authorized emergency vehicle for exemption
8537	8537	purposes under Section 228.054, 284.070, 366.178, or 370.177 of
8538	8538	this code [, Transportation Code,] unless the vehicle is marked.
8539	8539	SECTION 2.172. Section 542.304(b), Transportation Code, is
8540	8540	amended to read as follows:
8541	8541	(b) The rules must provide that for the purposes of the
8542	8542	provisions described in Subsection (a), moving violations:
8543	8543	(1) include:
8544	8544	(A) a violation of the traffic law of this state,
8545	8545	another state, or a political subdivision of this or another state;
8546	8546	and
8547	8547	(B) an offense under Section 545.412; and
8548	8548	(2) do not include:
8549	8549	(A) an offense committed before September 1,
8550	8550	2003;
8551	8551	(B) the offense of speeding when the person
8552	8552	convicted was at the time of the offense driving less than 10
8553	8553	percent faster than the posted speed limit, unless the person
8554	8554	committed the offense in a school crossing zone;
8555	8555	(C) an offense adjudicated under Subchapter G or
8556	8556	H, Chapter 45A [Article 45.051 or 45.0511], Code of Criminal
8557	8557	Procedure; or
8558	8558	(D) an offense under Section 545.4251.
8559	8559	SECTION 2.173. Sections 542.402(b) and (b-2),
8560	8560	Transportation Code, are amended to read as follows:
8561	8561	(b) In each fiscal year, a municipality having a population
8562	8562	of less than 5,000 may retain, from fines collected for violations
8563	8563	of this title and fines collected under Article 45A.302
8564	8564	[45.051(a)], Code of Criminal Procedure, in cases in which a
8565	8565	violation of this title is alleged, an amount equal to 30 percent of
8566	8566	the municipality's revenue for the preceding fiscal year from all
8567	8567	sources, other than federal funds and bond proceeds, as shown by the
8568	8568	audit performed under Section 103.001, Local Government Code.
8569	8569	After a municipality has retained that amount, the municipality
8570	8570	shall send to the comptroller any portion of a fine collected that
8571	8571	exceeds $1.
8572	8572	(b-2) In each fiscal year, a county described by Subsection
8573	8573	(b-1) may retain, from fines collected for violations of this title
8574	8574	and from fines collected under Article 45A.302 [45.051(a)], Code of
8575	8575	Criminal Procedure, in cases in which a violation of this title is
8576	8576	alleged, an amount equal to 30 percent of the county's revenue for
8577	8577	the preceding fiscal year from all sources, other than federal
8578	8578	funds and bond proceeds, as shown by an audit performed under
8579	8579	Chapter 115, Local Government Code. After a county has retained
8580	8580	that amount, the county shall send to the comptroller any portion of
8581	8581	a fine collected that exceeds $1.
8582	8582	SECTION 2.174. Section 543.202(b), Transportation Code, is
8583	8583	amended to read as follows:
8584	8584	(b) The record must be made on a form or by a data processing
8585	8585	method acceptable to the department and must include:
8586	8586	(1) the name, address, physical description,
8587	8587	including race or ethnicity, date of birth, and driver's license
8588	8588	number of the person charged;
8589	8589	(2) the registration number of the vehicle involved;
8590	8590	(3) whether the vehicle was a commercial motor vehicle
8591	8591	as defined by Chapter 522 or was involved in transporting hazardous
8592	8592	materials;
8593	8593	(4) the person's social security number, if the person
8594	8594	was operating a commercial motor vehicle or was the holder of a
8595	8595	commercial driver's license or commercial learner's permit;
8596	8596	(5) the date and nature of the offense, including
8597	8597	whether the offense was a serious traffic violation as defined by
8598	8598	Chapter 522;
8599	8599	(6) whether a search of the vehicle was conducted and
8600	8600	whether consent for the search was obtained;
8601	8601	(7) the plea, the judgment, whether the individual was
8602	8602	adjudicated under Subchapter H, Chapter 45A [Article 45.0511], Code
8603	8603	of Criminal Procedure, and whether bail was forfeited;
8604	8604	(8) the date of conviction; and
8605	8605	(9) the amount of the fine or forfeiture.
8606	8606	SECTION 2.175. Section 543.204(a), Transportation Code, is
8607	8607	amended to read as follows:
8608	8608	(a) A justice of the peace or municipal judge who defers
8609	8609	further proceedings and [,] suspends all or part of the imposition
8610	8610	of the fine[, and places a defendant on probation] under Subchapter
8611	8611	G, Chapter 45A [Article 45.051], Code of Criminal Procedure, or a
8612	8612	county court judge who follows that procedure under Article 42.111,
8613	8613	Code of Criminal Procedure, may not submit a written record to the
8614	8614	department, except that if the justice or judge subsequently
8615	8615	adjudicates the defendant's guilt, the justice or judge shall
8616	8616	submit the record not later than the seventh day after the date on
8617	8617	which the justice or judge adjudicates guilt.
8618	8618	SECTION 2.176. Section 545.305(a), Transportation Code, is
8619	8619	amended to read as follows:
8620	8620	(a) A peace officer listed under Article 2A.001 [2.12], Code
8621	8621	of Criminal Procedure, or a license and weight inspector of the
8622	8622	department may remove or require the operator or a person in charge
8623	8623	of a vehicle to move a vehicle from a highway if the vehicle:
8624	8624	(1) is unattended on a bridge, viaduct, or causeway or
8625	8625	in a tube or tunnel and the vehicle is obstructing traffic;
8626	8626	(2) is unlawfully parked and blocking the entrance to
8627	8627	a private driveway;
8628	8628	(3) has been reported as stolen;
8629	8629	(4) is identified as having been stolen in a warrant
8630	8630	issued on the filing of a complaint;
8631	8631	(5) is unattended and the officer has reasonable
8632	8632	grounds to believe that the vehicle has been abandoned for longer
8633	8633	than 48 hours;
8634	8634	(6) is disabled so that normal operation is impossible
8635	8635	or impractical and the owner or person in charge of the vehicle is:
8636	8636	(A) incapacitated and unable to provide for the
8637	8637	vehicle's removal or custody; or
8638	8638	(B) not in the immediate vicinity of the vehicle;
8639	8639	(7) is disabled so that normal operation is impossible
8640	8640	or impractical and the owner or person in charge of the vehicle does
8641	8641	not designate a particular towing or storage company;
8642	8642	(8) is operated by a person an officer arrests for an
8643	8643	alleged offense and the officer is required by law to take the
8644	8644	person into custody; or
8645	8645	(9) is, in the opinion of the officer, a hazard,
8646	8646	interferes with a normal function of a governmental agency, or
8647	8647	because of a catastrophe, emergency, or unusual circumstance is
8648	8648	imperiled.
8649	8649	SECTION 2.177. Section 601.053(a), Transportation Code, is
8650	8650	amended to read as follows:
8651	8651	(a) As a condition of operating in this state a motor
8652	8652	vehicle to which Section 601.051 applies, the operator of the
8653	8653	vehicle on request shall provide to a peace officer, as defined by
8654	8654	Article 2A.001 [2.12], Code of Criminal Procedure, or a person
8655	8655	involved in an accident with the operator evidence of financial
8656	8656	responsibility by exhibiting:
8657	8657	(1) a motor vehicle liability insurance policy
8658	8658	covering the vehicle that satisfies Subchapter D or a photocopy of
8659	8659	the policy;
8660	8660	(2) a standard proof of motor vehicle liability
8661	8661	insurance form prescribed by the Texas Department of Insurance
8662	8662	under Section 601.081 and issued by a liability insurer for the
8663	8663	motor vehicle;
8664	8664	(2-a) an image displayed on a wireless communication
8665	8665	device that includes the information required by Section 601.081 as
8666	8666	provided by a liability insurer;
8667	8667	(3) an insurance binder that confirms the operator is
8668	8668	in compliance with this chapter;
8669	8669	(4) a surety bond certificate issued under Section
8670	8670	601.121;
8671	8671	(5) a certificate of a deposit with the comptroller
8672	8672	covering the vehicle issued under Section 601.122;
8673	8673	(6) a copy of a certificate of a deposit with the
8674	8674	appropriate county judge covering the vehicle issued under Section
8675	8675	601.123; or
8676	8676	(7) a certificate of self-insurance covering the
8677	8677	vehicle issued under Section 601.124 or a photocopy of the
8678	8678	certificate.
8679	8679	SECTION 2.178. Section 706.001(1), Transportation Code, is
8680	8680	amended to read as follows:
8681	8681	(1) "Complaint" means a notice of an offense as
8682	8682	described by Article 27.14(d) or 45A.101 [45.019], Code of Criminal
8683	8683	Procedure.
8684	8684	SECTION 2.179. Sections 721.005(a) and (b), Transportation
8685	8685	Code, are amended to read as follows:
8686	8686	(a) The governing body of a municipality may exempt from the
8687	8687	requirements of Section 721.004:
8688	8688	(1) an automobile when used to perform an official
8689	8689	duty by a:
8690	8690	(A) police department;
8691	8691	(B) magistrate as defined by Article 2A.151
8692	8692	[2.09], Code of Criminal Procedure;
8693	8693	(C) medical examiner;
8694	8694	(D) municipal code enforcement officer
8695	8695	designated to enforce environmental criminal laws; or
8696	8696	(E) municipal fire marshal or arson
8697	8697	investigator; or
8698	8698	(2) an automobile used by a municipal employee only
8699	8699	when conducting an investigation involving suspected fraud or other
8700	8700	mismanagement within the municipality.
8701	8701	(b) The commissioners court of a county may exempt from the
8702	8702	requirements of Section 721.004:
8703	8703	(1) an automobile when used to perform an official
8704	8704	duty by a:
8705	8705	(A) police department;
8706	8706	(B) sheriff's office;
8707	8707	(C) constable's office;
8708	8708	(D) criminal district attorney's office;
8709	8709	(E) district attorney's office;
8710	8710	(F) county attorney's office;
8711	8711	(G) magistrate as defined by Article 2A.151
8712	8712	[2.09], Code of Criminal Procedure;
8713	8713	(H) county fire marshal's office; or
8714	8714	(I) medical examiner; or
8715	8715	(2) a juvenile probation department vehicle used to
8716	8716	transport children, when used to perform an official duty.
8717	8717	SECTION 2.180. Section 25.025(a), Tax Code, is amended to
8718	8718	read as follows:
8719	8719	(a) This section applies only to:
8720	8720	(1) a current or former peace officer as defined by
8721	8721	Article 2A.001 [2.12], Code of Criminal Procedure, and the spouse
8722	8722	or surviving spouse of the peace officer;
8723	8723	(2) the adult child of a current peace officer as
8724	8724	defined by Article 2A.001 [2.12], Code of Criminal Procedure;
8725	8725	(3) a current or honorably retired county jailer as
8726	8726	defined by Section 1701.001, Occupations Code;
8727	8727	(4) an employee of the Texas Department of Criminal
8728	8728	Justice;
8729	8729	(5) a commissioned security officer as defined by
8730	8730	Section 1702.002, Occupations Code;
8731	8731	(6) an individual who shows that the individual, the
8732	8732	individual's child, or another person in the individual's household
8733	8733	is a victim of family violence as defined by Section 71.004, Family
8734	8734	Code, by providing:
8735	8735	(A) a copy of a protective order issued under
8736	8736	Chapter 85, Family Code, or a magistrate's order for emergency
8737	8737	protection issued under Article 17.292, Code of Criminal Procedure;
8738	8738	or
8739	8739	(B) other independent documentary evidence
8740	8740	necessary to show that the individual, the individual's child, or
8741	8741	another person in the individual's household is a victim of family
8742	8742	violence;
8743	8743	(7) an individual who shows that the individual, the
8744	8744	individual's child, or another person in the individual's household
8745	8745	is a victim of sexual assault or abuse, stalking, or trafficking of
8746	8746	persons by providing:
8747	8747	(A) a copy of a protective order issued under
8748	8748	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
8749	8749	magistrate's order for emergency protection issued under Article
8750	8750	17.292, Code of Criminal Procedure; or
8751	8751	(B) other independent documentary evidence
8752	8752	necessary to show that the individual, the individual's child, or
8753	8753	another person in the individual's household is a victim of sexual
8754	8754	assault or abuse, stalking, or trafficking of persons;
8755	8755	(8) a participant in the address confidentiality
8756	8756	program administered by the attorney general under Subchapter B,
8757	8757	Chapter 58, Code of Criminal Procedure, who provides proof of
8758	8758	certification under Article 58.059, Code of Criminal Procedure;
8759	8759	(9) a federal judge, a federal bankruptcy judge, a
8760	8760	marshal of the United States Marshals Service, a state judge, or a
8761	8761	family member of a federal judge, a federal bankruptcy judge, a
8762	8762	marshal of the United States Marshals Service, or a state judge;
8763	8763	(10) a current or former district attorney, criminal
8764	8764	district attorney, or county or municipal attorney whose
8765	8765	jurisdiction includes any criminal law or child protective services
8766	8766	matters;
8767	8767	(11) a current or former employee of a district
8768	8768	attorney, criminal district attorney, or county or municipal
8769	8769	attorney whose jurisdiction includes any criminal law or child
8770	8770	protective services matters;
8771	8771	(12) an officer or employee of a community supervision
8772	8772	and corrections department established under Chapter 76,
8773	8773	Government Code, who performs a duty described by Section 76.004(b)
8774	8774	of that code;
8775	8775	(13) a criminal investigator of the United States as
8776	8776	described by Article 2A.002(a) [2.122(a)], Code of Criminal
8777	8777	Procedure;
8778	8778	(14) a current or honorably retired police officer or
8779	8779	inspector of the United States Federal Protective Service;
8780	8780	(15) a current or former United States attorney,
8781	8781	assistant United States attorney, federal public defender, deputy
8782	8782	federal public defender, or assistant federal public defender and
8783	8783	the spouse and child of the attorney or public defender;
8784	8784	(16) a current or former employee of the office of the
8785	8785	attorney general who is or was assigned to a division of that office
8786	8786	the duties of which involve law enforcement;
8787	8787	(17) a medical examiner or person who performs
8788	8788	forensic analysis or testing who is employed by this state or one or
8789	8789	more political subdivisions of this state;
8790	8790	(18) a current or former member of the United States
8791	8791	armed forces who has served in an area that the president of the
8792	8792	United States by executive order designates for purposes of 26
8793	8793	U.S.C. Section 112 as an area in which armed forces of the United
8794	8794	States are or have engaged in combat;
8795	8795	(19) a current or former employee of the Texas
8796	8796	Juvenile Justice Department or of the predecessors in function of
8797	8797	the department;
8798	8798	(20) a current or former juvenile probation or
8799	8799	supervision officer certified by the Texas Juvenile Justice
8800	8800	Department, or the predecessors in function of the department,
8801	8801	under Title 12, Human Resources Code;
8802	8802	(21) a current or former employee of a juvenile
8803	8803	justice program or facility, as those terms are defined by Section
8804	8804	261.405, Family Code;
8805	8805	(22) a current or former employee of the Texas Civil
8806	8806	Commitment Office or the predecessor in function of the office or a
8807	8807	division of the office;
8808	8808	(23) a current or former employee of a federal judge or
8809	8809	state judge;
8810	8810	(24) a current or former child protective services
8811	8811	caseworker, adult protective services caseworker, or investigator
8812	8812	for the Department of Family and Protective Services or a current or
8813	8813	former employee of a department contractor performing child
8814	8814	protective services caseworker, adult protective services
8815	8815	caseworker, or investigator functions for the contractor on behalf
8816	8816	of the department;
8817	8817	(25) an elected public officer; and
8818	8818	(26) a firefighter or volunteer firefighter or
8819	8819	emergency medical services personnel as defined by Section 773.003,
8820	8820	Health and Safety Code.
8821	8821	SECTION 2.181. Section 7.193, Water Code, is amended to
8822	8822	read as follows:
8823	8823	Sec. 7.193. PEACE OFFICERS. For purposes of this
8824	8824	subchapter, the authorized agents and employees of the Parks and
8825	8825	Wildlife Department are peace officers. Those agents and employees
8826	8826	are empowered to enforce this subchapter the same as any other peace
8827	8827	officer and for that purpose have the powers and duties of peace
8828	8828	officers assigned by Chapter 2A [2], Code of Criminal Procedure.
8829	8829	SECTION 2.182. Section 7.203(b), Water Code, is amended to
8830	8830	read as follows:
8831	8831	(b) Before a peace officer, as that term is defined in
8832	8832	Section 7.193 of this code or Chapter 2A [2], Code of Criminal
8833	8833	Procedure, may refer any alleged criminal environmental violation
8834	8834	by a person holding a permit issued by the commission or an employee
8835	8835	of that person of this code, of the Health and Safety Code, or of any
8836	8836	other statute, rule, order, permit, or other decision of the
8837	8837	commission that is within the commission's jurisdiction to a
8838	8838	prosecuting attorney for criminal prosecution, the peace officer
8839	8839	shall notify the commission in writing of the alleged criminal
8840	8840	environmental violation and include with the notification a report
8841	8841	describing the facts and circumstances of the alleged criminal
8842	8842	environmental violation. This section does not prohibit a peace
8843	8843	officer from issuing a citation or making an arrest.
8844	8844	SECTION 2.183. Section 60.077(b), Water Code, is amended to
8845	8845	read as follows:
8846	8846	(b) A peace officer employed or appointed by the commission
8847	8847	has the same powers and duties as a peace officer described by
8848	8848	Article 2A.001 [2.12], Code of Criminal Procedure.
8849	8849	SECTION 2.184. Sections 60.0775(f), (g), and (i), Water
8850	8850	Code, are amended to read as follows:
8851	8851	(f) A reserve force member who is not a peace officer as
8852	8852	described by Article 2A.001 [2.12], Code of Criminal Procedure, may
8853	8853	act as a peace officer only during the discharge of official duties.
8854	8854	A reserve force member who is a peace officer under that article
8855	8855	must hold a permanent peace officer license issued under Chapter
8856	8856	1701, Occupations Code.
8857	8857	(g) The commission must approve an appointment to the
8858	8858	reserve force before the person appointed may carry a weapon or
8859	8859	otherwise act as a peace officer. On approval of the appointment of
8860	8860	a person who is not a peace officer as described by Article 2A.001
8861	8861	[2.12], Code of Criminal Procedure, the person appointed may carry
8862	8862	a weapon only when authorized to do so by the chief of police and
8863	8863	only when discharging official duties as a peace officer. On
8864	8864	approval of the appointment of a person who is a peace officer as
8865	8865	described by Article 2A.001 [2.12], Code of Criminal Procedure, the
8866	8866	chief of police may:
8867	8867	(1) authorize the person appointed to carry a weapon
8868	8868	or act as a peace officer at all times, regardless of whether the
8869	8869	person is engaged in the discharge of official duties; or
8870	8870	(2) limit the person's authority to carry a weapon or
8871	8871	act as a peace officer to only those times during which the person
8872	8872	is engaged in the discharge of official duties.
8873	8873	(i) A reserve police officer, regardless of whether the
8874	8874	reserve police officer is a peace officer as described by Article
8875	8875	2A.001 [2.12], Code of Criminal Procedure, is not:
8876	8876	(1) eligible for participation in:
8877	8877	(A) a program provided by the commission that is
8878	8878	normally considered a financial benefit of full-time employment; or
8879	8879	(B) a pension fund created by statute for the
8880	8880	benefit of full-time paid peace officers; or
8881	8881	(2) exempt from Chapter 1702, Occupations Code.
8882	8882	ARTICLE 3. REPEALER
8883	8883	SECTION 3.001. REPEALER. The following laws are repealed:
8884	8884	(1) Articles 2.01, 2.02, 2.021, 2.022, 2.023, 2.024,
8885	8885	2.04, 2.05, 2.06, 2.07, 2.08, 2.09, 2.10, 2.12, 2.121, 2.122,
8886	8886	2.123, 2.124, 2.125, 2.126, 2.127, 2.13, 2.1305, 2.131, 2.132,
8887	8887	2.133, 2.134, 2.136, 2.137, 2.138, 2.1385, 2.1386, 2.1387, 2.139,
8888	8888	2.1395, 2.13951, 2.1396, 2.1397, 2.14, 2.15, 2.16, 2.17, 2.18,
8889	8889	2.19, 2.195, 2.20, 2.21, 2.211, 2.212, 2.22, 2.23, 2.25, 2.251,
8890	8890	2.27, 2.271, 2.272, 2.273, 2.28, 2.29, 2.295, 2.30, 2.305, and
8891	8891	2.32, Code of Criminal Procedure;
8892	8892	(2) Article 2.03(a), Code of Criminal Procedure;
8893	8893	(3) Article 2.31, Code of Criminal Procedure, as added
8894	8894	by Chapters 176 (S.B. 604) and 1341 (S.B. 1233), Acts of the 82nd
8895	8895	Legislature, Regular Session, 2011;
8896	8896	(4) Article 2.33, Code of Criminal Procedure, as added
8897	8897	by Chapters 534 (S.B. 69), 979 (S.B. 2212), and 1011 (H.B. 1758),
8898	8898	Acts of the 87th Legislature, Regular Session, 2021;
8899	8899	(5) Article 3.05, Code of Criminal Procedure;
8900	8900	(6) Chapters 13, 31, 45, and 55, Code of Criminal
8901	8901	Procedure; and
8902	8902	(7) Subchapter N, Chapter 1701, Occupations Code.
8903	8903	ARTICLE 4. GENERAL MATTERS
8904	8904	SECTION 4.001. This Act is enacted under Section 43,
8905	8905	Article III, Texas Constitution. This Act is intended as a
8906	8906	codification only, and no substantive change in the law is intended
8907	8907	by this Act.
8908	8908	SECTION 4.002. (a) Chapter 311, Government Code (Code
8909	8909	Construction Act), applies to the construction of each provision in
8910	8910	the Code of Criminal Procedure that is enacted under Section 43,
8911	8911	Article III, Texas Constitution (authorizing the continuing
8912	8912	statutory revision program), in the same manner as to a code enacted
8913	8913	under the continuing statutory revision program, except as
8914	8914	otherwise expressly provided by the Code of Criminal Procedure.
8915	8915	(b) A reference in a law to a statute or a part of a statute
8916	8916	in the Code of Criminal Procedure enacted under Section 43, Article
8917	8917	III, Texas Constitution (authorizing the continuing statutory
8918	8918	revision program), is considered to be a reference to the part of
8919	8919	that code that revises that statute or part of that statute.
8920	8920	SECTION 4.003. This Act takes effect January 1, 2025.
8921	8921	______________________________ ______________________________
8922	8922	President of the Senate Speaker of the House
8923	8923	I certify that H.B. No. 4504 was passed by the House on May 2,
8924	8924	2023, by the following vote: Yeas 138, Nays 6, 3 present, not
8925	8925	voting; and that the House concurred in Senate amendments to H.B.
8926	8926	No. 4504 on May 19, 2023, by the following vote: Yeas 137, Nays 3,
8927	8927	2 present, not voting.
8928	8928	______________________________
8929	8929	Chief Clerk of the House
8930	8930	I certify that H.B. No. 4504 was passed by the Senate, with
8931	8931	amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
8932	8932	0.
8933	8933	______________________________
8934	8934	Secretary of the Senate
8935	8935	APPROVED: __________________
8936	8936	Date
8937	8937	__________________
8938	8938	Governor