Tex. Code Crim. Proc. art. 21.02 · Chapter 21. INDICTMENT AND INFORMATION
REQUISITES OF AN INDICTMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
An indictment shall be deemed sufficient if it has the following requisites:
1. It shall commence, "In the name and by authority of The State of Texas".
2. It must appear that the same was presented in the district court of the county where the grand jury is in session.
3. It must appear to be the act of a grand jury of the proper county.
4. It must contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him.
5. It must show that the place where the offense was committed is within the jurisdiction of the court in which the indictment is presented.
6. The time mentioned must be some date anterior to the presentment of the indictment, and not so remote that the prosecution of the offense is barred by limitation.
7. The offense must be set forth in plain and intelligible words.
8. The indictment must conclude, "Against the peace and dignity of the State".
9. It shall be signed officially by the foreman of the grand jury.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.21.htm
- Text hash
- sha256 8011ce7f0ab1c7520f661be1cad868aca13b06ef4ecefb74fad5fc4b8a0c3f65
- 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
Cited by 11 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 21.02. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2B.0202RECORDING OF CUSTODIAL INTERROGATION REQUIRED; EXCEPTIONS.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 17.03PERSONAL BOND.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 17.032RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 17.50ENTRY INTO TEXAS CRIME INFORMATION CENTER OF CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES OR STALKING; DUTIES OF MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 27.09EXCEPTION TO FORM OF INDICTMENT.Printed as Articles 21.02 and 21.21
- Tex. Code Crim. Proc. art. 38.071TESTIMONY OF CHILD WHO IS VICTIM OF OFFENSE.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 38.37EVIDENCE OF EXTRANEOUS OFFENSES OR ACTS.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 38.372EVIDENCE OF VICTIM'S PAST SEXUAL BEHAVIOR.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 56A.001DEFINITIONS.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 62.001DEFINITIONS.Printed as Section 21.02
- Tex. Code Crim. Proc. art. 66.102INFORMATION CONTAINED IN COMPUTERIZED CRIMINAL HISTORY SYSTEM.Printed as Section 21.02
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.