Tex. Educ. Code § 37.146 · Subchapter E-1. CRIMINAL PROCEDURE
REQUISITES OF COMPLAINT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101, Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and
(2) be accompanied by a statement from a school employee stating:
(A) whether the child is eligible for or receives special education services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.
(b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457(e), Code of Criminal Procedure.
(c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.040, eff. January 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.51, eff. June 20, 2025.
Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 51, eff. June 20, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm
- Text hash
- sha256 36422440b615835f5f882f5a461be86f0409301be87ce1e752351719a337fce3
- 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
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
- Tex. Code Crim. Proc. art. 23.04IN MISDEMEANOR CASE.Printed as Articles 23.04 and 45A.457(e), Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 45A.101COMPLAINT.Printed as Article 45A.101, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 45A.401DISMISSAL OF MISDEMEANOR CHARGE ON COMPLETION OF TEEN COURT PROGRAM.Printed as Article 45A.401, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 45A.457FINDING THAT OFFENSE COMMITTED.Printed as Articles 23.04 and 45A.457(e), Code of Criminal Procedure
Cited by 2 provisions
Provisions in this library whose text cites Tex. Educ. Code § 37.146. Each shows the citation as that text prints it.
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.