Tex. Code Crim. Proc. art. 49A.072 · Subchapter B. INQUESTS BY JUSTICE OF THE PEACE
WARRANT OF ARREST.
Not yet in force
Text of article effective on April 01, 2027
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A justice of the peace who is conducting an inquest into a person's death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if:
(1) the justice has knowledge that the suspect caused the death;
(2) the justice receives an affidavit stating that the suspect caused the death; or
(3) evidence is adduced at an inquest hearing that shows probable cause to believe the suspect caused the death.
(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:
(1) execute the warrant immediately; and
(2) detain the arrested person until the arrested person's discharge is ordered by the justice of the peace or other proper authority.
(c) A person who is charged in a death and arrested under a warrant issued by a justice of the peace shall remain in the custody of the arresting peace officer. A warrant issued by another magistrate is not sufficient authority to remove the arrested person from the peace officer's custody.
(d) A person charged in a death who has not been arrested under a warrant issued by a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.
(e) A warrant of arrest issued under Subsection (a) is sufficient if it:
(1) is issued in the name of "The State of Texas";
(2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person;
(3) recites in plain language the offense with which the person is charged; and
(4) is signed and dated by a justice of the peace.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 1.01, eff. April 1, 2027.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.49A.htm
- Text hash
- sha256 00a05bdaa919514b23ec01b0901ea72def9fb5a720ab39e633ba68d9c5214a8a
- 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.