Tex. Code Crim. Proc. art. 15.18 · Chapter 15. ARREST UNDER WARRANT
ARREST FOR OUT-OF-COUNTY OFFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place or, to provide more expeditiously to the arrested person the warnings described by Article 15.17, before a magistrate in any other county of this state, including the county where the warrant was issued. The magistrate shall:
(1) take bail, if allowed by law, and, if without jurisdiction, immediately transmit the bond taken to the court having jurisdiction of the offense; or
(2) in the case of a person arrested under warrant for an offense punishable by fine only, accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, determine indigency, or, on satisfaction of the judgment, discharge the defendant, as the case may indicate.
(a-1) If the arrested person is taken before a magistrate of a county other than the county that issued the warrant, the magistrate shall inform the person arrested of the procedures for requesting appointment of counsel and ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel is provided to the person at the same time. If the person requests the appointment of counsel, the magistrate shall, without unnecessary delay but not later than 24 hours after the person requested the appointment of counsel, transmit, or cause to be transmitted, the necessary request forms to a court or the courts' designee authorized under Article 26.04 to appoint counsel in the county issuing the warrant.
(b) Before the 11th business day after the date a magistrate accepts a written plea of guilty or nolo contendere in a case under Subsection (a)(2), the magistrate shall, if without jurisdiction, transmit to the court having jurisdiction of the offense:
(1) the written plea;
(2) any orders entered in the case; and
(3) any fine or costs collected in the case.
(c) The arrested person may be taken before a magistrate by means of an electronic broadcast system as provided by and subject to the requirements of Article 15.17.
(d) This article does not apply to an arrest made pursuant to a capias pro fine issued under Chapter 43 or Article 45A.259.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 2001, 77th Leg., ch. 145, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1263 (H.B. 3060), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 858 (S.B. 1517), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.014, eff. January 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm
- Text hash
- sha256 1c3a3fc73a212c364dc77e06bcdc6a3d40a44c2b234aa11084bca8b2c3d58ff6
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
BenchPath cards that rely on this text
- Webb County Juvenile Indigent Defense Plan (Juvenile Board of Judges of Webb County; revisions effective November 2, 2015; approved November 10, 2015)
- The Standards and Procedures for the Appointment of Counsel in Felony and Misdemeanor Criminal Cases for Indigent Defendants (Webb County Board of Judges; revisions effective November 2, 2015; re-signed February 2025 and filed March 5, 2025)
- Eleventh Amended Fort Bend County Adult Plan and Local Rules for the Appointment of Counsel to Indigent Defendants
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 15.17DUTIES OF ARRESTING OFFICER AND MAGISTRATE.Printed as Article 15.17
- Tex. Code Crim. Proc. art. 26.04PROCEDURES FOR APPOINTING COUNSEL.Printed as Article 26.04
- Tex. Code Crim. Proc. ch. 43EXECUTION OF JUDGMENTPrinted as Chapter 43
- Tex. Code Crim. Proc. art. 45A.259CAPIAS PRO FINE.Printed as Article 45A.259
Cited by 4 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 15.18. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 4.12MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.Printed as Article 15.18
- Tex. Code Crim. Proc. art. 15.17DUTIES OF ARRESTING OFFICER AND MAGISTRATE.Printed as Article 15.18(a)
- Tex. Code Crim. Proc. art. 15.19NOTICE OF ARREST.Printed as Article 15.18
- Tex. Code Crim. Proc. art. 26.04PROCEDURES FOR APPOINTING COUNSEL.Printed as Articles 1.051, 15.17, 15.18, 26.05, and 26.052
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.