Tex. Code Crim. Proc. art. 45A.456 · Subchapter J. CASES INVOLVING CHILDREN

CONTINUING OBLIGATION TO APPEAR FOR UNADJUDICATED CHILD, NOW ADULT; OFFENSE.

Verbatim from the official edition

Text — Current through the 89th 2nd Called Legislative Session, 2025

(a) Except as provided by Articles 45A.453 and 45A.454, an individual may not be taken into secured custody for offenses alleged to have occurred before the individual's 17th birthday.

(b) On or after an individual's 17th birthday, if the court has used all available procedures under this chapter to secure the individual's appearance to answer allegations made before the individual's 17th birthday, the court may issue a notice of continuing obligation to appear, by personal service or by mail, to the last known address and residence of the individual. The notice must order the individual to appear at a designated time, place, and date to answer the allegations detailed in the notice.

(c) Failure to appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of Section 38.10, Penal Code, and Section 543.009, Transportation Code.

(d) It is an affirmative defense to prosecution under Subsection (c) that the individual was not informed of the individual's obligation under Articles 45A.457(h) and (i) or did not receive notice as required by Subsection (b) of this article.

(e) A notice of continuing obligation to appear issued under this article must contain the following statement provided in boldfaced type or capital letters:

"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 17TH BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED FOR YOUR ARREST."

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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.025(a), eff. September 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.45A.htm
Text hash: sha256 e235864cac065ee8b7875902e00ca5649d448782f73524c6de74dabd4f3e06b8
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

JP2 Standing Orders — compilation of the standing orders of the Justice of the Peace, Precinct 2, Aransas County (compliance dismissals, amendment and refiling, bonds, community service, records corrections, court settings, deferred disposition, discovery, driving safety course, extensions, fines, indigent hearings, jail credit, juveniles, payment plans, recording, jury summons, records, theft, warrants, fine reductions; signed January 1, 2023)

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

Penal Code

Tex. Penal Code § 38.10BAIL JUMPING AND FAILURE TO APPEAR.Printed as Section 38.10, Penal Code

Transportation Code

Tex. Transp. Code § 543.009COMPLIANCE WITH OR VIOLATION OF PROMISE TO APPEAR.Printed as Section 543.009, Transportation Code

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.