Tex. Code Crim. Proc. art. 4.12 · Chapter 4. COURTS AND CRIMINAL JURISDICTION
MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried:
(1) in the precinct in which the offense was committed;
(2) in the precinct in which the defendant or any of the defendants reside;
(3) with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county; or
(4) if the offense was committed in a county with a population of 3.3 million or more, in any precinct in the county that is adjacent to the precinct in which the offense was committed.
(b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held:
(1) in the next adjacent precinct in the same county which has a duly qualified justice court; or
(2) in the precinct in which the defendant may reside.
(c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace.
(d) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a written plea of guilty or nolo contendere.
(e) The justices of the peace in each county shall, by majority vote, adopt local rules of administration regarding the transfer of a pending misdemeanor case from one precinct to a different precinct.
Notes and commentary — not statutory text
History
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1, 1999; Subsec. (d) added by Acts 2001, 77th Leg., ch. 145, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1086 (S.B. 1200), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 5.05, eff. January 1, 2012.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.4.htm
- Text hash
- sha256 b68df284c16ff6beaf706c71c66d67a28bbfc2582ab9f748d1f06151ee7f2ff5
- 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
- Rules of Administration for the Justice of the Peace Courts of Tom Green County (approved May 7, 2025)
- Burnet County Justice of the Peace Courts — Local Rules of Procedure and Rules of Decorum (eff. June 1, 2024) (Judge Roxanne T Nelson; Burnet County)
- Washington County Justice of the Peace, Precinct 4 — Local Rules of Administration
- Local Rules of Procedure and Decorum for the Justice Courts, Fort Bend County
- Rules of Administration for the Justice of the Peace Courts — Culberson County
- Local Rules of the Nacogdoches County Justice Court, Precinct Three (rules adopted November 2, 2022; updated January 1, 2023)
- Waller County Justice Courts Rules of Administration and Court Decorum
- Denton County Justices of the Peace — Rules of Administration (adopted Jan. 13, 2023)
- Local Rules of the Nacogdoches County Justice Court, Precinct Four (rules adopted November 2, 2022; updated January 1, 2023)
- Justice Court of Clay County — Local Rules (Rules of Administration and Court Decorum)
- Local Rules of Procedure and Rules of Decorum for the Justice of the Peace Courts, Aransas County (effective January 1, 2023)
- Liberty County Justice of the Peace Courts Local Rules of Procedure and Decorum
- Local Rules of Procedure and Rules of Decorum for the Justice of the Peace Courts, Leon County (effective January 1, 2023)
- Harris County Justice Courts' Local Rules
- Justice Court Precinct 1 Rules of Administration and Court Decorum, Nacogdoches County (adopted December 1, 2022)
- Local Rules of Procedure and Rules of Decorum for the Justice Courts of Angelina County
- Local Rules of Procedure and Rules of Decorum for the Justice of the Peace Courts of Brazoria County (eff. Jan. 21, 2014; am. Apr. 12, 2022)
- Freestone County Justice of the Peace - Rules of Administration (effective January 1, 2012)
This section cites
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Code of Criminal Procedure
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Provisions in this library whose text cites Tex. Code Crim. Proc. art. 4.12. Each shows the citation as that text prints it.
Code of Criminal Procedure
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