Tex. Code Crim. Proc. art. 2A.107 · Subchapter C. ATTORNEYS REPRESENTING STATE
RECORDING AND FILING COMPLAINTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a complaint is made before a district or county attorney that an offense has been committed in the attorney's district or county, as applicable, the attorney shall:
(1) reduce the complaint to writing;
(2) cause the complaint to be signed and sworn to by the complainant;
(3) attest the complaint; and
(4) as applicable:
(A) if the offense is a misdemeanor and except as provided by Subsection (b), immediately prepare an information based on the complaint and file the information in the court having jurisdiction; or
(B) if the offense is a felony, immediately file the complaint with a magistrate of the county.
(b) In a county that does not have a county attorney or a criminal district court, a misdemeanor case may be tried based on complaint alone without an information.
(c) For purposes of fulfilling the duties under this article, a district or county attorney may administer oaths.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, 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.2A.htm
- Text hash
- sha256 b40bec07f6a3b79107edb6a0212efe5d231d1dbbbeab26096e99232934a665b2
- 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.