Tex. Code Crim. Proc. art. 23.02 · Chapter 23. THE CAPIAS
ITS REQUISITES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
A capias shall be held sufficient if it have the following requisites:
1. That it run in the name of "The State of Texas";
2. That it name the person whose arrest is ordered, or if unknown, describe him;
3. That it specify the offense of which the defendant is accused, and it appear thereby that he is accused of some offense against the penal laws of the State;
4. That it name the court to which and the time when it is returnable; and
5. That it be dated and attested officially by the authority issuing the same.
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.23.htm
- Text hash
- sha256 13ce3da6950360e6febc452fbfeb69e0904b32ebc9cadecab01874a63b6566d6
- 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
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.