Tex. Fam. Code § 53.012 · Chapter 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS
REVIEW BY PROSECUTOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The prosecuting attorney shall promptly review the circumstances and allegations of a referral made under Section 53.01 for legal sufficiency and the desirability of prosecution and may file a petition without regard to whether probable cause was found under Section 53.01.
(b) If the prosecuting attorney does not file a petition requesting the adjudication of the child referred to the prosecuting attorney, the prosecuting attorney shall:
(1) terminate all proceedings, if the reason is for lack of probable cause; or
(2) return the referral to the juvenile probation department for further proceedings.
(c) The juvenile probation department shall promptly refer a child who has been returned to the department under Subsection (b)(2) and who fails or refuses to participate in a program of the department to the prosecuting attorney for review of the child's case and determination of whether to file a petition.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 262, Sec. 22, eff. Jan. 1, 1996.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.53.htm
- Text hash
- sha256 955f6db8613726cef6a3a51d6a803c89ce194077808dba89c7960bf541cdca2f
- 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
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