H.B. No. 4504

AN ACT

relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE

CODE OF CRIMINAL PROCEDURE

SECTION 1.001. Title 1, Code of Criminal Procedure, is amended by adding Chapters 2A, 2B, 13A, 31A, 45A, and 55A to read as follows:

CHAPTER 2A. OFFICERS; POWERS AND DUTIES SUBCHAPTER A. TYPES OF PEACE OFFICERS Art. 2A.001. PEACE OFFICERS GENERALLY Art. 2A.002. SPECIAL INVESTIGATORS Art. 2A.003. PEACE OFFICERS COMMISSIONED BY TRIBAL

COUNCIL Art. 2A.004. PEACE OFFICERS FROM ADJOINING STATES Art. 2A.005. RAILROAD PEACE OFFICERS Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN

CATTLE RAISERS ASSOCIATION Art. 2A.007. ADJUNCT POLICE OFFICERS Art. 2A.008. SCHOOL MARSHALS SUBCHAPTER B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW ENFORCEMENT AGENCIES Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE

OFFICERS Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES;

CIVIL PENALTY Art. 2A.053. SUMMONING AID Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING

ABUSE, NEGLECT, OR EXPLOITATION Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT

OFFICER Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY Art. 2A.060. IMMIGRATION DETAINER REQUESTS Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS

IDENTIFICATION Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF

DEFENDANTS Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE

SHERIFF'S DUTIES Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER SUBCHAPTER C. ATTORNEYS REPRESENTING STATE Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING

STATE Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS Art. 2A.103. DUTIES OF COUNTY ATTORNEYS Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY Art. 2A.105. GROUNDS FOR DISQUALIFICATION Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF

LAW Art. 2A.107. RECORDING AND FILING COMPLAINTS Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN

CASES Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN

CASES Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF

CRIMINAL JUSTICE OF CERTAIN INDICTMENTS Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY SUBCHAPTER D. MAGISTRATES AND CLERKS Art. 2A.151. TYPES OF MAGISTRATES Art. 2A.152. GENERAL DUTIES OF MAGISTRATES Art. 2A.153. GENERAL DUTIES OF CLERKS Art. 2A.154. DEPUTY CLERKS Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND

CONTRABAND TO LAW ENFORCEMENT SUBCHAPTER E. REPORTING DUTIES Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH

CERTAIN OFFENSES INVOLVING SENSITIVE

INFORMATION Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN

ASSAULTIVE OR TERRORISTIC OFFENSES Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS

INFORMATION Art. 2A.204. SHERIFFS: REPORT ON PRISONERS Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT

CONCERNING HUMAN TRAFFICKING CASES Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR

OFFICER-INVOLVED INJURIES OR DEATHS Art. 2A.207. LAW ENFORCEMENT AGENCIES: REPORT FOR

CERTAIN INJURIES OR DEATHS OF PEACE

OFFICERS Art. 2A.208. NOTICE OF VIOLATION OF REPORTING

REQUIREMENTS FOR CERTAIN INJURIES OR

DEATHS; CIVIL PENALTY Art. 2A.209. DUTIES OF LAW ENFORCEMENT AGENCY FILING

CASE Art. 2A.210. JUDGES: REPORTING OF CERTAIN ALIENS TO

FEDERAL GOVERNMENT Art. 2A.211. CLERKS: HATE CRIME REPORTING Art. 2A.212. CLERKS: WRIT OF ATTACHMENT REPORTING Art. 2A.213. CLERKS, STATE AGENCIES, AND ATTORNEYS

REPRESENTING STATE: REPORT TO ATTORNEY

GENERAL

CHAPTER 2A. OFFICERS; POWERS AND DUTIES

SUBCHAPTER A. TYPES OF PEACE OFFICERS

Art. 2A.001. PEACE OFFICERS GENERALLY. The following are peace officers:

(1) a sheriff, a sheriff's deputy, or a reserve deputy sheriff who holds a permanent peace officer license issued under Chapter 1701, Occupations Code;

(2) a constable, a deputy constable, or a reserve deputy constable who holds a permanent peace officer license issued under Chapter 1701, Occupations Code;

(3) a marshal or police officer of a municipality or a reserve municipal police officer who holds a permanent peace officer license issued under Chapter 1701, Occupations Code;

(4) a ranger, officer, or member of the reserve officer corps commissioned by the Public Safety Commission and the director of the Department of Public Safety;

(5) an investigator of a district attorney's, criminal district attorney's, or county attorney's office;

(6) a law enforcement agent of the Texas Alcoholic Beverage Commission;

(7) a member of an arson investigating unit commissioned by a municipality, a county, or the state;

(8) an officer commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;

(9) an officer commissioned by the Texas Facilities Commission;

(10) a law enforcement officer commissioned by the Parks and Wildlife Commission;

(11) an officer commissioned under Chapter 23, Transportation Code;

(12) a municipal park and recreational patrol officer or security officer;

(13) a security officer or investigator commissioned as a peace officer by the comptroller;

(14) an officer commissioned by a water control and improvement district under Section 49.216, Water Code;

(15) an officer commissioned by a board of trustees under Chapter 54, Transportation Code;

(16) an investigator commissioned by the Texas Medical Board;

(17) an officer commissioned by:

(A) the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, the Bexar County Hospital District, or the El Paso County Hospital District under Section 281.057, Health and Safety Code;

(B) the board of directors of the Ector County Hospital District under Section 1024.117, Special District Local Laws Code;

(C) the board of directors of the Midland County Hospital District of Midland County, Texas, under Section 1061.121, Special District Local Laws Code; or

(D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code;

(18) a county park ranger commissioned under Subchapter E, Chapter 351, Local Government Code;

(19) an investigator employed by the Texas Racing Commission;

(20) an officer commissioned under Chapter 554, Occupations Code;

(21) an officer commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or a regional transportation authority under Section 452.110, Transportation Code;

(22) an investigator commissioned by the attorney general under Section 402.009, Government Code;

(23) a security officer or investigator commissioned as a peace officer under Chapter 466, Government Code;

(24) an officer appointed by an appellate court under Subchapter F, Chapter 53, Government Code;

(25) an officer commissioned by the state fire marshal under Chapter 417, Government Code;

(26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code;

(27) an apprehension specialist or inspector general commissioned by the Texas Juvenile Justice Department as an officer under Section 242.102 or 243.052, Human Resources Code;

(28) an officer appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code;

(29) an investigator commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code;

(30) a fire marshal or any related officer, inspector, or investigator commissioned by a county under Subchapter B, Chapter 352, Local Government Code;

(31) a fire marshal or any officer, inspector, or investigator commissioned by an emergency services district under Chapter 775, Health and Safety Code;

(32) an officer commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; and

(33) an investigator commissioned by the Texas Juvenile Justice Department as an officer under Section 221.011, Human Resources Code. (Code Crim. Proc., Art. 2.12.)

Art. 2A.002. SPECIAL INVESTIGATORS. (a) The following criminal investigators of the United States are not peace officers but have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only:

(1) a special agent of the Federal Bureau of Investigation;

(2) a special agent of the Secret Service;

(3) a special agent of United States Immigration and Customs Enforcement;

(4) a special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives;

(5) a special agent of the United States Drug Enforcement Administration;

(6) an inspector of the United States Postal Inspection Service;

(7) a special agent of the Criminal Investigation Division of the Internal Revenue Service;

(8) a civilian special agent of the United States Naval Criminal Investigative Service;

(9) a marshal or deputy marshal of the United States Marshals Service;

(10) a special agent of the United States Department of State, Bureau of Diplomatic Security;

(11) a special agent of the Treasury Inspector General for Tax Administration;

(12) a special agent of the Office of Inspector General of the United States Social Security Administration;

(13) a special agent of the Office of Inspector General of the United States Department of Veterans Affairs;

(14) a special agent of the Office of Inspector General of the United States Department of Agriculture;

(15) a special agent of the Office of Export Enforcement of the United States Department of Commerce;

(16) a special agent of the Criminal Investigation Command of the United States Army;

(17) a special agent of the Office of Special Investigations of the United States Air Force; and

(18) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs.

(b) An officer or agent designated by the Secretary of Homeland Security under 40 U.S.C. Section 1315 for duty in connection with the protection of property owned or occupied by the federal government and persons on the property is not a peace officer but has the powers of arrest, search, and seizure as to any offense under the laws of this state.

(c) A customs and border protection officer or border patrol agent of United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into this state or at a permanent established border patrol traffic checkpoint, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding.

(d) A commissioned law enforcement officer of the National Park Service is not a peace officer under the laws of this state but has the powers of arrest, search, and seizure as to any offense under the laws of this state committed in a national park or national recreation area. In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 54 U.S.C. Section 100102.

(e) A special agent or law enforcement officer of the United States Forest Service is not a peace officer under the laws of this state but has the powers of arrest, search, and seizure as to any offense under the laws of this state committed in the National Forest System, as that term is defined by 16 U.S.C. Section 1609.

(f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, are not peace officers under the laws of this state but have the powers of arrest, search, and seizure, including the powers under Section 9.51, Penal Code, while in the performance of duties on the premises of a commercial nuclear power plant site or under an agreement entered into with local law enforcement regarding areas surrounding the plant site.

(g) In addition to the powers of arrest, search, and seizure under Subsection (a), a special agent of the Secret Service protecting or investigating a threat against a person described by 18 U.S.C. Section 3056(a) has the powers of arrest, search, and seizure as to:

(1) a misdemeanor offense under the laws of this state; and

(2) any criminal offense under federal law. (Code Crim. Proc., Art. 2.122.)

Art. 2A.003. PEACE OFFICERS COMMISSIONED BY TRIBAL COUNCIL. (a) The tribal council of the Alabama-Coushatta Tribe of Texas or of the Kickapoo Traditional Tribe of Texas may employ and commission peace officers to enforce state law within the respective tribe's reservation.

(b) A peace officer commissioned under this article has all the powers, privileges, and immunities of a peace officer and may:

(1) within the tribe's reservation:

(A) arrest without a warrant in accordance with Chapter 14 any person who violates a law of the state; and

(B) enforce all traffic laws on streets and highways; and

(2) outside the tribe's reservation, arrest any person who violates any law of the state if the officer:

(A) is summoned by another law enforcement agency to provide assistance; or

(B) is assisting another law enforcement agency.

(c) A peace officer commissioned under this article is not entitled to state benefits normally provided by the state to a peace officer.

(d) A peace officer commissioned under this article must meet:

(1) the minimum standards required of peace officers by the Texas Commission on Law Enforcement relating to competence, reliability, education, training, morality, and physical and mental health; and

(2) all standards for licensing as a peace officer by the Texas Commission on Law Enforcement.

(e) A peace officer commissioned under this article and assigned to duty shall:

(1) take and file the oath required of a peace officer; and

(2) execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the officer's duties as may be required by law.

(f) The bond required under Subsection (e)(2) may be sued on in the name of the person injured until the whole amount is recovered. (Code Crim. Proc., Art. 2.126.)

Art. 2A.004. PEACE OFFICERS FROM ADJOINING STATES. (a) A commissioned peace officer of a state adjoining this state, while the officer is in this state, has the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but:

(1) only:

(A) during a time in which the officer has physical custody of an inmate or criminal defendant and is:

(i) transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or

(ii) returning the inmate or defendant from the hospital or facility described by Subparagraph (i) to the county in the adjoining state from which the inmate or defendant was transported under that subparagraph; and

(B) to the extent necessary to:

(i) maintain physical custody of an inmate or criminal defendant while transporting the inmate or defendant; or

(ii) regain physical custody of an inmate or criminal defendant if the inmate or defendant escapes while being transported; or

(2) only while the officer is:

(A) in a municipality some part of the municipal limits of which are within one mile of the boundary between this state and the adjoining state; and

(B) regularly assigned to duty in a county, parish, or municipality that adjoins this state.

(b) A peace officer described by Subsection (a)(2) may also enforce the ordinances of a municipality in this state described by that subdivision if the governing body of the municipality authorizes that enforcement by majority vote at an open meeting. (Code Crim. Proc., Art. 2.124.)

Art. 2A.005. RAILROAD PEACE OFFICERS. (a) In this article:

(1) "Commission" means the Texas Commission on Law Enforcement.

(2) "Department" means the Department of Public Safety of the State of Texas.

(b) The director of the department may appoint not more than 250 railroad peace officers employed by a railroad company to aid law enforcement agencies in the protection of railroad property and the persons and property of railroad passengers and employees.

(c) Except as provided by Subsection (d), a railroad peace officer may make arrests and exercise all authority given peace officers under this code when necessary to:

(1) prevent or abate the commission of an offense involving:

(A) injury to passengers or employees of the railroad; or

(B) damage to railroad property; or

(2) protect railroad property or property in the custody or control of the railroad.

(d) A railroad peace officer may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.

(e) A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer.

(f) A person may not serve as a railroad peace officer for a railroad company unless:

(1) the Texas Railroad Association submits the person's application for appointment and licensing as a railroad peace officer to the director of the department and to the executive director of the commission;

(2) the director of the department issues the person a certificate of authority to act as a railroad peace officer;

(3) the executive director of the commission:

(A) determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and

(B) issues the person a license as a railroad peace officer; and

(4) the person has met all standards for licensing as a peace officer by the commission.

(g) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article.

(h) Termination of employment with a railroad company, or the revocation of a railroad peace officer license, constitutes an automatic revocation of a certificate of authority to act as a railroad peace officer.

(i) A railroad company is liable for any act or omission by a person serving as a railroad peace officer for the company that occurs within the scope of the person's employment.

(j) The state or any political subdivision or agency of the state is not liable for any act or omission by a person appointed as a railroad peace officer.

(k) A railroad company that employs a railroad peace officer shall pay all expenses associated with granting or revoking the certificate of authority to act as a railroad peace officer.

(l) A railroad peace officer who is a member of a railroad craft may not perform the duties of a member of any other railroad craft during a strike or labor dispute.

(m) The director of the department and the executive director of the commission may adopt rules necessary for the effective administration and performance of the duties delegated to the director and the executive director by this article. (Code Crim. Proc., Art. 2.121; New.)

Art. 2A.006. SPECIAL RANGERS OF TEXAS AND SOUTHWESTERN CATTLE RAISERS ASSOCIATION. (a) In this article:

(1) "Association" means the Texas and Southwestern Cattle Raisers Association.

(2) "Commission" means the Texas Commission on Law Enforcement.

(3) "Department" means the Department of Public Safety of the State of Texas.

(b) The director of the department may appoint not more than 50 special rangers employed by the association to aid law enforcement agencies in the investigation of the theft of livestock or related property.

(c) Except as provided by Subsection (d), a special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property.

(d) A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.

(e) A special ranger is not entitled to state benefits normally provided by the state to a peace officer.

(f) A person may not serve as a special ranger unless:

(1) the association submits the person's application for appointment and licensing as a special ranger to the director of the department and to the executive director of the commission;

(2) the director of the department issues the person a certificate of authority to act as a special ranger;

(3) the executive director of the commission:

(A) determines that the person meets minimum standards required of peace officers by the commission relating to competence, reliability, education, training, morality, and physical and mental health; and

(B) issues the person a license as a special ranger; and

(4) the person has met all standards for licensing as a peace officer by the commission.

(g) For good cause, the director of the department may revoke a certificate of authority issued under this article and the executive director of the commission may revoke a license issued under this article.

(h) Termination of employment with the association, or the revocation of a special ranger license, constitutes an automatic revocation of a certificate of authority to act as a special ranger.

(i) The association is liable for any act or omission by a person serving as a special ranger for the association that occurs within the scope of the person's employment.

(j) The state or any political subdivision or agency of the state is not liable for any act or omission by a person appointed as a special ranger.

(k) The association shall pay all expenses associated with granting or revoking a certificate of authority to act as a special ranger.

(l) The director of the department and the executive director of the commission may adopt rules necessary for the effective administration and performance of the duties delegated to the director and the executive director by this article. (Code Crim. Proc., Art. 2.125; New.)

Art. 2A.007. ADJUNCT POLICE OFFICERS. (a) With the consent of the governing board of a private institution of higher education located in a county with a population of less than 200,000, the chief of police of a municipality in that county or the sheriff of that county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of the institution may appoint not more than 50 peace officers commissioned under Section 51.212, Education Code, and employed by the institution to serve as adjunct police officers of the municipality or county, as applicable.

(b) An adjunct police officer appointed under this article:

(1) shall aid law enforcement agencies in the protection of the municipality or county in the geographical area designated under Subsection (c);

(2) may make arrests and exercise all authority given peace officers under this code only within the geographical area designated under Subsection (c); and

(3) has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer.

(c) A chief of police or sheriff who appoints an adjunct police officer under this article and the private institution of higher education at which the officer is employed shall annually designate by agreement the geographical area in which adjunct police officers may act as described by Subsection (b). The geographical area may include only the institution's campus area and an area that:

(1) is adjacent to the institution's campus;

(2) does not extend more than one mile from the perimeter of the institution's campus; and

(3) is inhabited primarily by students or employees of the institution.

(d) A person may not serve as an adjunct police officer for a municipality or county unless:

(1) the private institution of higher education at which the person is employed submits the person's application for appointment and certification as an adjunct police officer to the applicable chief of police or sheriff;

(2) the chief of police or sheriff to whom the application under Subdivision (1) was made issues the person a certificate of authority to act as an adjunct police officer; and

(3) the person undergoes any additional training required for that person to meet the training standards of the municipality or county, as applicable, for peace officers employed by the municipality or county.

(e) A chief of police or sheriff who issues a certificate of authority under this article may revoke the certificate for good cause.

(f) A private institution of higher education is liable for any act or omission by a person employed by the institution while serving as an adjunct police officer outside of the institution's campus in the same manner as the municipality or county governing the applicable geographical area is liable for any act or omission of a peace officer employed by the municipality or county. This subsection may not be construed as a limitation on the liability of a municipality or county for the acts or omissions of a person serving as an adjunct police officer.

(g) A private institution of higher education that employs an adjunct police officer shall pay all expenses incurred by the municipality or county in granting or revoking a certificate of authority to act as an adjunct police officer under this article.

(h) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (c). (Code Crim. Proc., Art. 2.123.)

Art. 2A.008. SCHOOL MARSHALS. (a) In this article, "private school" means a school that:

(1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12;

(2) is not operated by a governmental entity; and

(3) is not a school whose students are home-schooled students as defined by Section 29.916, Education Code.

(b) A person may not serve as a school marshal unless the person is:

(1) licensed under Section 1701.260, Occupations Code; and

(2) appointed by:

(A) the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;

(B) the governing body of a private school under Section 37.0813, Education Code; or

(C) the governing board of a public junior college under Section 51.220, Education Code.

(c) Except as provided by Subsection (d), a school marshal may:

(1) make arrests and exercise all authority given peace officers under this code, subject to written regulations adopted by, as applicable:

(A) the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;

(B) the governing body of a private school under Section 37.0813, Education Code; or

(C) the governing board of a public junior college under Section 51.220, Education Code; and

(2) act only as necessary to prevent or abate the commission of an offense that threatens serious bodily injury to or the death of a student, faculty member, or visitor on school premises.

(d) A school marshal may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code.

(e) A school marshal is not entitled to state benefits normally provided by the state to a peace officer. (Code Crim. Proc., Art. 2.127.)

SUBCHAPTER B. POWERS AND DUTIES OF PEACE OFFICERS AND LAW

ENFORCEMENT AGENCIES

Art. 2A.051. GENERAL POWERS AND DUTIES OF PEACE OFFICERS. Each peace officer shall:

(1) preserve the peace within the officer's jurisdiction using all lawful means;

(2) in every case authorized by this code, interfere without a warrant to prevent or suppress crime;

(3) execute all lawful process issued to the officer by a magistrate or court;

(4) give notice to an appropriate magistrate of all offenses committed in the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law;

(5) when authorized by law, arrest an offender without a warrant so the offender may be taken before the proper magistrate or court and be tried;

(6) take possession of a child under Article 63.009(g); and

(7) on a request made by the Texas Civil Commitment Office, execute an emergency detention order issued by that office under Section 841.0837, Health and Safety Code. (Code Crim. Proc., Arts. 2.13(a), (b), (c), (f).)

Art. 2A.052. CARRYING WEAPON ON CERTAIN PREMISES; CIVIL PENALTY. (a) In this article:

(1) "Establishment serving the public" means:

(A) a hotel, motel, or other place of lodging;

(B) a restaurant or other place where food is offered for sale to the public;

(C) a retail business or other commercial establishment or an office building to which the public is invited;

(D) a sports venue; and

(E) any other place of public accommodation, amusement, convenience, or resort to which the public or any classification of persons from the public is regularly, normally, or customarily invited.

(2) "Sports venue" means an arena, coliseum, stadium, or other type of area or facility that is primarily used or is planned for primary use for professional or amateur sports or athletics events and for which a fee is charged or is planned to be charged for admission to the sports or athletics events, other than occasional civic, charitable, or promotional events.

(b) An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the officer or investigator is otherwise authorized to carry, regardless of whether the officer or investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon.

(c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. (Code Crim. Proc., Art. 2.1305.)

Art. 2A.053. SUMMONING AID. (a) A peace officer who meets resistance while discharging a duty imposed on the officer by law shall summon a number of residents of the officer's county sufficient to overcome that resistance.

(b) A person summoned by a peace officer under Subsection (a) shall obey the officer. (Code Crim. Proc., Art. 2.14.)

Art. 2A.054. REFUSAL TO ASSIST PEACE OFFICER. A peace officer who summons a person to assist the peace officer in performing any duty shall, if the person refuses, report the person to the proper district or county attorney for prosecution. (Code Crim. Proc., Art. 2.15.)

Art. 2A.055. FINE FOR FAILURE TO EXECUTE PROCESS. (a) A sheriff or other officer who wilfully refuses or neglects to execute any summons, subpoena, or attachment for a witness or any other legal process the officer has a duty to execute is liable for a fine for contempt in an amount in the court's discretion of not less than $10 or more than $200.

(b) The payment of a fine under Subsection (a) shall be enforced in the same manner as a fine for contempt in a civil case. (Code Crim. Proc., Art. 2.16.)

Art. 2A.056. RESPONSE TO CHILD SAFETY CHECK ALERT. (a) In this article, "department" means the Department of Family and Protective Services.

(b) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list established under Section 261.3022, Family Code, shall:

(1) immediately contact the department on the department's dedicated law-enforcement telephone number for statewide intake;

(2) request information from the department regarding the circumstances of the case involving the child or other person; and

(3) request information from the child and the other person regarding the child's safety, well-being, and current residence.

(c) The peace officer may temporarily detain the child or other person to ensure the safety and well-being of the child.

(d) If the peace officer determines that the circumstances described by Section 262.104, Family Code, exist, the officer may take temporary possession of the child without a court order as provided by that section. If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the department.

(e) A peace officer who locates a child or other person listed on the Texas Crime Information Center's child safety check alert list and who reports the child's or other person's current address and other relevant information to the department shall report to the Texas Crime Information Center that the child or other person has been located and to whom the child was released, as applicable. (Code Crim. Proc., Art. 2.272; New.)

Art. 2A.057. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION. (a) In this article, "department" means the Department of Family and Protective Services.

(b) A peace officer from the appropriate local law enforcement agency shall, on receipt of a report, investigate jointly with the department or with the agency responsible for conducting an investigation under Subchapter E, Chapter 261, Family Code, if the report:

(1) is assigned the highest priority in accordance with rules adopted by the department under Section 261.301(d), Family Code; and

(2) alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child.

(c) As soon as possible, but not later than 24 hours, after being notified by the department of a report described by Subsection (b), the peace officer shall accompany the department investigator in initially responding to the report.

(d) On receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code. (Code Crim. Proc., Arts. 2.27, 2.271; New.)

Art. 2A.058. RELEASE OF CHILD BY LAW ENFORCEMENT OFFICER. (a) A law enforcement officer who takes possession of a child under Section 262.104, Family Code, may release the child to:

(1) a residential child-care facility licensed by the Department of Family and Protective Services under Chapter 42, Human Resources Code, if the facility is authorized by the department to take possession of the child;

(2) a juvenile probation department;

(3) the Department of Family and Protective Services; or

(4) any other person authorized by law to take possession of the child.

(b) Before a law enforcement officer may release a child to a person authorized by law to take possession of the child other than a governmental entity, the officer must:

(1) verify with the National Crime Information Center that the child is not a missing child;

(2) search the relevant databases of the National Crime Information Center system, including those pertaining to protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release to:

(A) verify that the person to whom the child is being released:

(i) does not have a protective order issued against the person; and

(ii) is not registered as a sex offender unless the person is the child's parent or guardian and there are no restrictions regarding the person's contact with the child; and

(B) obtain any other information the Department of Family and Protective Services considers:

(i) relevant to protect the welfare of the child; or

(ii) reflective of the responsibility of the person to whom the child is being released;

(3) call the Department of Family and Protective Services Texas Abuse Hotline to determine whether the person to whom the child is being released is listed in the registry as a person who abused or neglected a child;

(4) verify that the person to whom the child is being released is at least 18 years of age; and

(5) maintain a record regarding the child's placement, including:

(A) identifying information about the child, including the child's name or pseudonyms; and

(B) the name and address of the person to whom the child is being released. (Code Crim. Proc., Art. 2.273.)

Art. 2A.059. NATIONALITY OR IMMIGRATION STATUS INQUIRY. (a) Subject to Subsection (b), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to:

(1) investigate the offense; or

(2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.

(b) Subsection (a) does not prevent a peace officer from:

(1) conducting a separate investigation of any other alleged criminal offense; or

(2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense. (Code Crim. Proc., Arts. 2.13(d), (e).)

Art. 2A.060. IMMIGRATION DETAINER REQUESTS. (a) A law enforcement agency that has custody of a person subject to an immigration detainer request issued by United States Immigration and Customs Enforcement shall:

(1) comply with, honor, and fulfill any request made in the detainer request provided by the federal government; and

(2) inform the person that the person is being held pursuant to an immigration detainer request issued by United States Immigration and Customs Enforcement.

(b) A law enforcement agency is not required to perform a duty imposed by Subsection (a) with respect to a person who has provided proof that the person is a citizen of the United States or that the person has lawful immigration status in the United States, such as a Texas driver's license or similar government-issued identification. (Code Crim. Proc., Art. 2.251.)

Art. 2A.061. MISUSED IDENTITY NOTIFICATIONS. On receiving information that a person's identifying information was falsely given by an arrested person as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:

(1) notify the person that:

(A) the person's identifying information was misused by another person arrested in the county;

(B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and

(C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55A; and

(2) notify the Department of Public Safety regarding:

(A) the misuse of the identifying information;

(B) the actual identity of the person arrested, if known by the agency; and

(C) whether the agency was able to notify the person whose identifying information was misused. (Code Crim. Proc., Art. 2.28.)

Art. 2A.062. EDUCATION AND TRAINING ON EYEWITNESS IDENTIFICATION. (a) In this article, "law enforcement agency" means an agency of the state or of a political subdivision of the state authorized by law to employ peace officers.

(b) The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding:

(1) variables that affect a witness's vision and memory;

(2) practices for minimizing contamination; and

(3) effective eyewitness identification protocols.

(c) Each law enforcement agency shall require each peace officer who is employed by the agency and who performs eyewitness identification procedures to complete the education and training described by Subsection (b). (Code Crim. Proc., Art. 2.1386.)

Art. 2A.063. SHERIFF AS CONSERVATOR OF THE PEACE. A sheriff is a conservator of the peace in the sheriff's county and shall:

(1) arrest each person who commits an offense in the view or hearing of the sheriff and take the offender before the proper court for examination or trial;

(2) suppress all assaults, affrays, insurrections, and unlawful assemblies; and

(3) apprehend and commit to jail each person who commits an offense until an examination or trial can be held. (Code Crim. Proc., Art. 2.17.)

Art. 2A.064. SHERIFF'S DUTIES RELATED TO CUSTODY OF DEFENDANTS. (a) Except as provided by Subsection (b), a sheriff shall place in jail a defendant committed to jail by a warrant from a magistrate or court.

(b) A sheriff may permit a defendant committed to jail by a warrant from a magistrate or court to remain out of jail for a reasonable time to procure bail if the defendant:

(1) was committed for want of bail; or

(2) was arrested in a bailable case.

(c) A sheriff shall guard a defendant permitted to remain out of jail under Subsection (b) to prevent escape. (Code Crim. Proc., Art. 2.18.)

Art. 2A.065. DEPUTY OR OTHER OFFICER TO DISCHARGE SHERIFF'S DUTIES. (a) A sheriff's deputy may perform any duty imposed on the sheriff under this code.

(b) If there is no sheriff in a county, the duties of the sheriff's office relating to criminal law are conferred on the officer empowered under law to discharge the duties of that office when the office is vacant. (Code Crim. Proc., Art. 2.20.)

Art. 2A.066. EXECUTION OF PROCESS BY COUNTY JAILER. (a) A jailer licensed under Chapter 1701, Occupations Code, who has successfully completed a training program provided by the sheriff may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2A.051(3), including:

(1) a warrant under Chapter 15, 17, or 18;

(2) a capias under Chapter 17 or 23;

(3) a subpoena under Chapter 20A or 24; or

(4) an attachment under Chapter 20A or 24.

(b) A jailer licensed under Chapter 1701, Occupations Code, may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2A.051(3), including:

(1) a warrant under Chapter 15, 17, or 18;

(2) a capias under Chapter 17 or 23;

(3) a subpoena under Chapter 20A or 24; or

(4) an attachment under Chapter 20A or 24. (Code Crim. Proc., Art. 2.31, as added Acts 82nd Leg., R.S., Chs. 176, 1341.)

SUBCHAPTER C. ATTORNEYS REPRESENTING STATE

Art. 2A.101. GENERAL DUTIES OF ATTORNEYS REPRESENTING STATE. (a) The primary duty of an attorney representing the state, including a special prosecutor, is not to convict but to see that justice is done.

(b) An attorney representing the state, including a special prosecutor, may not suppress facts or conceal witnesses capable of establishing the innocence of the defendant. (Code Crim. Proc., Art. 2.01 (part).)

Art. 2A.102. DUTIES OF DISTRICT ATTORNEYS. (a) Each district attorney shall represent the state in all criminal cases in the district courts of the attorney's district and in appeals from those cases.

(b) Unless prevented by other official duties, a district attorney shall represent the state in any criminal proceeding before an examining court in the attorney's district or before a judge on habeas corpus, if the attorney is:

(1) notified of the proceeding; and

(2) in the attorney's district at the time. (Code Crim. Proc., Art. 2.01 (part).)

Art. 2A.103. DUTIES OF COUNTY ATTORNEYS. (a) Each county attorney shall attend the terms of court for trial courts other than district courts in the attorney's county and represent the state in all criminal cases under examination or prosecution in that county.

(b) In the absence of the district attorney, the county attorney shall represent the state alone and, when requested by the district attorney, shall aid the district attorney in prosecuting a case in behalf of the state in district court.

(c) The county attorney shall represent the state in the appeal of a case prosecuted by the county attorney. (Code Crim. Proc., Art. 2.02.)

Art. 2A.104. TEMPORARY APPOINTMENT OF ATTORNEY. (a) In this article, "attorney representing the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney.

(b) If an attorney representing the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or if there is no attorney representing the state, the judge of the court in which the attorney represents the state may appoint to perform the duties of the attorney's office during the attorney's absence or disqualification:

(1) an attorney representing the state from any county or district; or

(2) an assistant attorney general.

(c) An attorney representing the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified.

(d) Except as otherwise provided by this subsection, the duties of the office appointed under Subsection (b) are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties. (Code Crim. Proc., Art. 2.07.)

Art. 2A.105. GROUNDS FOR DISQUALIFICATION. (a) A district attorney may not represent the state in a criminal case in which the attorney has been, before the attorney's election, employed adversely to the state.

(b) A district or county attorney may not:

(1) be of counsel adversely to the state in any case in any court; or

(2) after the attorney ceases to be a district or county attorney, be of counsel adversely to the state in any case in which the attorney has been of counsel for the state.

(c) A judge of a court in which a district or county attorney represents the state shall declare the attorney disqualified for purposes of Article 2A.104 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation. (Code Crim. Proc., Arts. 2.01 (part), 2.08.)

Art. 2A.106. NEGLECT OR FAILURE OF DUTY; VIOLATION OF LAW. (a) An attorney representing the state shall present to the court with jurisdiction an information charging an officer with neglect or failure of duty if:

(1) the attorney learns that the officer has neglected or failed to perform a duty imposed on the officer; and

(2) the neglect or failure of duty can be presented by information.

(b) An attorney representing the state shall notify the grand jury of any act that violated the law or any neglect or failure of duty by an officer if:

(1) the attorney learns that the officer has in act violated a law or neglected or failed to perform a duty; and

(2) the act that violated the law or the neglect or failure of duty cannot be presented by information. (Code Crim. Proc., Art. 2.03(a).)

Art. 2A.107. RECORDING AND FILING COMPLAINTS. (a) If a complaint is made before a district or county attorney that an offense has been committed in the attorney's district or county, as applicable, the attorney shall:

(1) reduce the complaint to writing;

(2) cause the complaint to be signed and sworn to by the complainant;

(3) attest the complaint; and

(4) as applicable:

(A) if the offense is a misdemeanor and except as provided by Subsection (b), immediately prepare an information based on the complaint and file the information in the court having jurisdiction; or

(B) if the offense is a felony, immediately file the complaint with a magistrate of the county.

(b) In a county that does not have a county attorney or a criminal district court, a misdemeanor case may be tried based on complaint alone without an information.

(c) For purposes of fulfilling the duties under this article, a district or county attorney may administer oaths. (Code Crim. Proc., Arts. 2.04, 2.05, 2.06.)

Art. 2A.108. ASSISTANCE OF ATTORNEY GENERAL IN CERTAIN CASES. (a) In this article, "assistance" includes investigative, technical, and litigation assistance.

(b) The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article 66.102(h) the victim of which is younger than 17 years of age at the time the offense is committed.

(c) On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Subsection (b). (Code Crim. Proc., Art. 2.021.)

Art. 2A.109. ASSISTANCE OF TEXAS RANGERS IN CERTAIN CASES. The attorney representing the state may request the Texas Rangers division of the Department of Public Safety to provide assistance, including investigative, technical, and administrative assistance, to a local law enforcement agency investigating an offense that:

(1) is alleged to have been committed by an elected officer of the political subdivision served by the local law enforcement agency; and

(2) on conviction or adjudication, would subject the elected officer to registration as a sex offender under Chapter 62. (Code Crim. Proc., Art. 2.022.)

Art. 2A.110. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE OF CERTAIN INDICTMENTS. (a) This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d):

(1) received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and

(2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence.

(b) Not later than the 10th day after the date that a defendant described by Subsection (a) is indicted for an offense listed in Article 42A.054(a), the attorney representing the state shall notify an officer designated by the Texas Department of Criminal Justice of the offense charged in the indictment. (Code Crim. Proc., Art. 2.023.)

Art. 2A.111. TRACKING USE OF CERTAIN TESTIMONY. (a) In this article:

(1) "Attorney representing the state" means a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction.

(2) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code.

(b) An attorney representing the state shall track:

(1) the use of testimony of a person to whom a defendant made a statement against the defendant's interest while the person was imprisoned or confined in the same correctional facility as the defendant, if known by the attorney representing the state, regardless of whether the testimony is presented at trial; and

(2) any benefits offered or provided to a person in exchange for testimony described by Subdivision (1). (Code Crim. Proc., Art. 2.024.)

SUBCHAPTER D. MAGISTRATES AND CLERKS

Art. 2A.151. TYPES OF MAGISTRATES. The following officers are magistrates for purposes of this code:

(1) a justice of the supreme court;

(2) a judge of the court of criminal appeals;

(3) a justice of the courts of appeals;

(4) a judge of a district court;

(5) an associate judge appointed by:

(A) a judge of a district court or a statutory county court that gives preference to criminal cases in Jefferson County;

(B) a judge of a district court or a statutory county court of Brazos County, Nueces County, or Williamson County; or

(C) a judge of a district court under Chapter 54A, Government Code;

(6) a criminal magistrate appointed by:

(A) the Brazoria County Commissioners Court; or

(B) the Burnet County Commissioners Court;

(7) a criminal law hearing officer for:

(A) Harris County appointed under Subchapter L, Chapter 54, Government Code; or

(B) Cameron County appointed under Subchapter BB, Chapter 54, Government Code;

(8) a magistrate appointed:

(A) by a judge of a district court of Bexar County, Dallas County, or Tarrant County that gives preference to criminal cases;

(B) by a judge of a criminal district court of Dallas County or Tarrant County;

(C) by a judge of a district court or statutory county court that gives preference to criminal cases in Travis County;

(D) by the El Paso Council of Judges;

(E) by the Fort Bend County Commissioners Court;

(F) by the Collin County Commissioners Court; or

(G) under Subchapter JJ, Chapter 54, Government Code;

(9) a magistrate or associate judge appointed by a judge of a district court of Lubbock County, Nolan County, or Webb County;

(10) a county judge;

(11) a judge of:

(A) a statutory county court;

(B) a county criminal court; or

(C) a statutory probate court;

(12) an associate judge appointed by a judge of a statutory probate court under Chapter 54A, Government Code;

(13) a justice of the peace; and

(14) a mayor or recorder of a municipality or a judge of a municipal court. (Code Crim. Proc., Art. 2.09.)

Art. 2A.152. GENERAL DUTIES OF MAGISTRATES. Each magistrate shall:

(1) preserve the peace within the magistrate's jurisdiction using all lawful means;

(2) issue all process intended to aid in preventing and suppressing crime; and

(3) cause the arrest of offenders using lawful means so that the offenders may be brought to punishment. (Code Crim. Proc., Art. 2.10.)

Art. 2A.153. GENERAL DUTIES OF CLERKS. (a) In this article, "digital multimedia evidence" means evidence stored or transmitted in a binary form and includes data representing documents, audio, video metadata, and any other information attached to a digital file.

(b) In a criminal proceeding, the clerk of a district or county court shall:

(1) receive and file all papers;

(2) receive all exhibits at the conclusion of the proceeding;

(3) issue all process;

(4) accept and file electronic documents received from the defendant, if the clerk accepts electronic documents from an attorney representing the state;

(5) accept and file digital multimedia evidence received from the defendant, if the clerk accepts digital multimedia evidence from an attorney representing the state; and

(6) perform all other duties imposed on the clerk by law.

(c) A district clerk is exempt from the requirements of Subsections (b)(4) and (5) if the electronic filing system used by the clerk for accepting electronic documents or electronic digital media from an attorney representing the state does not have the capability of accepting electronic filings from a defendant and the system was established or procured before June 1, 2009. The exemption provided by this subsection no longer applies to an electronic filing system described by this subsection that is substantially upgraded or is replaced with a new system. (Code Crim. Proc., Arts. 2.21(a), (a-1), (k).)

Art. 2A.154. DEPUTY CLERKS. A deputy clerk of a district or county court may perform any duty imposed on the clerk of that court. (Code Crim. Proc., Art. 2.22.)

Art. 2A.155. CLERK'S DISPOSAL OF CERTAIN EXHIBITS. (a) In this article, "eligible exhibit" means an exhibit filed with the clerk of a court that:

(1) is not a firearm or contraband;

(2) has not been ordered by the court to be returned to its owner; and

(3) is not an exhibit in another pending criminal action.

(b) An eligible exhibit may be disposed of as provided by this article:

(1) on or after the first anniversary of the date on which a conviction becomes final in the case, if the case is a misdemeanor or a felony for which the sentence imposed by the court is five years or less;

(2) on or after the second anniversary of the date on which a conviction becomes final in the case, if the case is a noncapital felony for which the sentence imposed by the court is greater than five years;

(3) on or after the first anniversary of the date of the acquittal of the defendant; or

(4) on or after the first anniversary of the date of the death of the defendant.

(c) Subject to Subsections (d), (e), and (f), a clerk may dispose of an eligible exhibit, including by delivery of the exhibit to the county purchasing agent for disposal as surplus or salvage property under Section 263.152, Local Government Code, if on the date provided by Subsection (b) the clerk has not received a request for the exhibit from either the attorney representing the state in the case or the attorney representing the defendant.

(d) Before a clerk in a county with a population of less than two million disposes of an eligible exhibit, the clerk must provide written notice by mail to the attorney representing the state in the case and the attorney representing the defendant. The notice must:

(1) describe the exhibit;

(2) include the name and address of the court holding the exhibit; and

(3) state that the exhibit will be disposed of unless a written request is received by the clerk before the 31st day after the date of notice.

(e) If a request is not received by a clerk to whom Subsection (d) applies before the 31st day after the date of notice, the clerk may dispose of the eligible exhibit in the manner permitted by this article.

(f) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the exhibit.

(g) Notwithstanding Section 263.156, Local Government Code, or any other law, the commissioners court shall remit 50 percent of any proceeds of the disposal of an eligible exhibit as surplus or salvage property as described by Subsection (c), less the reasonable expense of keeping the exhibit before disposal and the costs of that disposal, to each of the following:

(1) the county treasury, to be used only to defray the costs incurred by the district clerk of the county for the management, maintenance, or destruction of eligible exhibits in the county; and

(2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. (Code Crim. Proc., Arts. 2.21(d), (e), (f), (f-1), (g), (h), (i), (j).)

Art. 2A.156. COURT REPORTER'S RELEASE OF FIREARMS AND CONTRABAND TO LAW ENFORCEMENT. (a) At any time during or after a criminal proceeding, the court reporter shall release for safekeeping any firearm or contraband received as an exhibit in that proceeding to:

(1) the sheriff; or

(2) in a county with a population of 500,000 or more, the law enforcement agency that collected, seized, or took possession of the firearm or contraband or produced the firearm or contraband at the proceeding.

(b) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits released under Subsection (a) and:

(1) release the exhibits only to a person authorized by the court in which those exhibits have been received; or

(2) dispose of the exhibits as provided by Chapter 18. (Code Crim. Proc., Arts. 2.21(b), (c).)

SUBCHAPTER E. REPORTING DUTIES

Art. 2A.201. PEACE OFFICERS: REPORT IN CONNECTION WITH CERTAIN OFFENSES INVOLVING SENSITIVE INFORMATION. (a) A peace officer to whom an alleged violation of Section 31.17 or 32.51, Penal Code, is reported shall make to the law enforcement agency that employs the officer a written report that includes:

(1) the name of the victim;

(2) the name of the suspect, if known;

(3) as applicable, either:

(A) the type of financial sight order or payment card information obtained or transferred in violation of Section 31.17, Penal Code; or

(B) the type of identifying information obtained, possessed, transferred, or used in violation of Section 32.51, Penal Code; and

(4) the results of any investigation.

(b) On the victim's request, the law enforcement agency shall provide the report made under Subsection (a) to the victim. In providing the report, the law enforcement agency shall redact any otherwise confidential information that is included in the report, other than the information described by Subsection (a). (Code Crim. Proc., Arts. 2.29, 2.295.)

Art. 2A.202. PEACE OFFICERS: REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only to the following offenses:

(1) assault under Section 22.01, Penal Code;

(2) aggravated assault under Section 22.02, Penal Code;

(3) sexual assault under Section 22.011, Penal Code;

(4) aggravated sexual assault under Section 22.021, Penal Code; and

(5) terroristic threat under Section 22.07, Penal Code.

(b) A peace officer who investigates the alleged commission of an offense to which Subsection (a) applies shall prepare a written report that includes the information required under Article 5.05(a).

(c) On request of a victim of an offense to which Subsection (a) applies, the local law enforcement agency responsible for investigating the commission of the offense shall provide to the victim, at no cost to the victim, any information contained in the written report prepared under Subsection (b) that is:

(1) described by Article 5.05(a)(1) or (2); and

(2) not exempt from disclosure under Chapter 552, Government Code, or other law. (Code Crim. Proc., Art. 2.30.)

Art. 2A.203. SHERIFFS: REPORT OF WARRANT OR CAPIAS INFORMATION. Not later than the 30th day after the date a court clerk issues a warrant or capias, the sheriff:

(1) shall report to the National Crime Information Center each warrant or capias issued for a defendant charged with a felony who fails to appear in court when summoned; and

(2) may report to the National Crime Information Center each warrant or capias issued for a defendant charged with a misdemeanor other than a Class C misdemeanor who fails to appear in court when summoned. (Code Crim. Proc., Art. 2.195.)

Art. 2A.204. SHERIFFS: REPORT ON PRISONERS. On the first day of each month, the sheriff shall give written notice to the district or county attorney, as applicable, of each prisoner in the sheriff's custody, including:

(1) the name of each prisoner; and

(2) the authority under which the sheriff detains the prisoner. (Code Crim. Proc., Art. 2.19.)

Art. 2A.205. CERTAIN LAW ENFORCEMENT AGENCIES: REPORT CONCERNING HUMAN TRAFFICKING CASES. (a) This article applies only to:

(1) a municipal police department, sheriff's department, constable's office, county attorney's office, district attorney's office, and criminal district attorney's office, as applicable, in a county with a population of more than 50,000; and

(2) the Department of Public Safety.

(b) An entity to which this article applies that investigates the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, that may involve human trafficking, shall submit to the attorney general a report in the manner and form prescribed by the attorney general containing the following information:

(1) the offense being investigated, including a brief description of the alleged prohibited conduct;

(2) regarding each person suspected of committing the offense and each victim of the offense, as applicable:

(A) the person's:

(i) age;

(ii) gender; and

(iii) race or ethnicity, as defined by Article 2B.0051; and

(B) the case number associated with the offense and with the person suspected of committing the offense;

(3) the date, time, and location of the alleged offense;

(4) the type of human trafficking involved, including:

(A) forced labor or services, as defined by Section 20A.01, Penal Code;

(B) causing the victim by force, fraud, or coercion to engage in prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(3), Penal Code; or

(C) causing a child victim by any means to engage in, or become the victim of, prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(7), Penal Code;

(5) if available, information regarding any victims' service organization or program to which the victim was referred as part of the investigation; and

(6) the disposition of the investigation, if any, regardless of the manner of disposition.

(c) An attorney representing the state who prosecutes the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, that may involve human trafficking, shall submit to the attorney general the following information:

(1) the offense being prosecuted, including a brief description of the alleged prohibited conduct;

(2) any other charged offense that is part of the same criminal episode out of which the offense described by Subdivision (1) arose;

(3) the information described by Subsections (b)(2), (3), (4), and (5); and

(4) the disposition of the prosecution, regardless of the manner of disposition.

(d) The attorney general may enter into a contract with a university that provides for the university's assistance in the collection and analysis of information received under this article.

(e) In consultation with the entities described by Subsection (a), the attorney general shall adopt rules to administer this article, including rules prescribing:

(1) the form and manner of submission of a report required by Subsection (b) or (c); and

(2) additional information to include in a report required by Subsection (b) or (c). (Code Crim. Proc., Art. 2.305.)

Art. 2A.206. LAW ENFORCEMENT AGENCIES: REPORT FOR OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this article:

(1) "Deadly weapon" means:

(A) a firearm or any object manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or

(B) any object that in the manner of its use or intended use is capable of causing death or serious bodily injury.

(2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another.

(b) The attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of an officer-involved injury or death. The form must include spaces to report only the following information:

(1) the date the incident occurred;

(2) the location where the incident occurred;

(3) the age, gender, and race or ethnicity of each peace officer involved in the incident;

(4) if known, the age, gender, and race or ethnicity of each injured or deceased person involved in the incident;

(5) whether the person was injured or died as a result of the incident;

(6) whether each injured or deceased person used, exhibited, or was carrying a deadly weapon during the incident;

(7) whether each peace officer involved in the incident was on duty during the incident;

(8) whether each peace officer involved in the incident was responding to an emergency call or a request for assistance and, if so, whether the officer responded to that call or request with one or more other peace officers; and

(9) whether the incident occurred during or as a result of:

(A) the execution of a warrant; or

(B) a hostage, barricade, or other emergency situation.

(c) Not later than the 30th day after the date of an officer-involved injury or death, the law enforcement agency employing an officer involved in the incident shall complete and submit a written or electronic report, using the form created under Subsection (b), to the attorney general. The report must include all information described in Subsection (b).

(d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the attorney general shall post a copy of the report on the attorney general's Internet website.

(e) Not later than March 1 of each year, the attorney general shall submit a report regarding all officer-involved injuries or deaths that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. The report must include:

(1) the total number of officer-involved injuries or deaths;

(2) a summary of the reports submitted to the attorney general under this article; and

(3) a copy of each report submitted to the attorney general under this article. (Code Crim. Proc., Art. 2.139.)

Art. 2A.207. LAW ENFORCEMENT AGENCIES: REPORT FOR CERTAIN INJURIES OR DEATHS OF PEACE OFFICERS. (a) The attorney general by rule shall create a written and electronic form for the reporting by law enforcement agencies of an incident in which a person who is not a peace officer discharges a firearm and causes injury or death to a peace officer who is performing an official duty. The form must include spaces to report only the following information:

(1) the date the incident occurred;

(2) the location where the incident occurred;

(3) the age, gender, and race or ethnicity of each injured or deceased peace officer involved in the incident;

(4) if known, the age, gender, and race or ethnicity of each person who discharged a firearm and caused injury or death to a peace officer involved in the incident; and

(5) whether the officer or any other person was injured or died as a result of the incident.

(b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident shall complete and submit a written or electronic report, using the form created under that subsection, to the attorney general. The report must include all information described in Subsection (a).

(c) Not later than March 1 of each year, the attorney general shall submit a report regarding all incidents described by Subsection (a) that occurred during the preceding year to the governor and the standing legislative committees with primary jurisdiction over criminal justice matters. The report must include:

(1) the total number of incidents that occurred;

(2) a summary of the reports submitted to the attorney general under this article; and

(3) a copy of each report submitted to the attorney general under this article. (Code Crim. Proc., Art. 2.1395.)

Art. 2A.208. NOTICE OF VIOLATION OF REPORTING REQUIREMENTS FOR CERTAIN INJURIES OR DEATHS; CIVIL PENALTY. (a) The attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the attorney general, asserting that a law enforcement agency failed to submit a report required by Article 2A.206 or 2A.207. If the attorney general determines that the law enforcement agency failed to submit the report, the attorney general shall provide notice of the failure to the agency. The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable.

(b) Except as provided by Subsection (c), a law enforcement agency that fails to submit the required report on or before the seventh day after the date of receiving notice under Subsection (a) is liable for a civil penalty in the amount of $1,000 for each day after the seventh day that the agency fails to submit the report.

(c) Beginning on the day after the date of receiving notice under Subsection (a), a law enforcement agency that, in the five-year period preceding the date the agency received the notice, has been liable for a civil penalty under Subsection (b) or this subsection is liable for a civil penalty for each day the agency fails to submit the required report. The amount of a civil penalty under this subsection is $10,000 for the first day and $1,000 for each additional day that the agency fails to submit the report.

(d) The attorney general may sue to collect a civil penalty under this article.

(e) A civil penalty collected under this article shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. (Code Crim. Proc., Art. 2.13951.)

Art. 2A.209. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE. (a) In this article:

(1) "Attorney representing the state" means an attorney authorized by law to represent the state in a criminal case, including a district attorney, criminal district attorney, or county attorney with criminal jurisdiction. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45.

(2) "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.

(b) A law enforcement agency filing a case with an attorney representing the state shall submit to the attorney representing the state a written statement by an agency employee with knowledge of the case acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant in the case under Article 39.14 have been disclosed to the attorney representing the state.

(c) If at any time after a case is filed with an attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state. (Code Crim. Proc., Art. 2.1397.)

Art. 2A.210. JUDGES: REPORTING OF CERTAIN ALIENS TO FEDERAL GOVERNMENT. A judge shall report to United States Immigration and Customs Enforcement a person who:

(1) has been convicted of an offense or placed on deferred adjudication community supervision for a felony in the judge's court; and

(2) is an illegal criminal alien as defined by Section 493.015, Government Code. (Code Crim. Proc., Art. 2.25.)

Art. 2A.211. CLERKS: HATE CRIME REPORTING. (a) The clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case.

(b) The clerk shall make the report required by Subsection (a) not later than the 30th day after the date the judgment is entered in the case. (Code Crim. Proc., Art. 2.211.)

Art. 2A.212. CLERKS: WRIT OF ATTACHMENT REPORTING. Not later than the 30th day after the date a writ of attachment is issued in a district court, statutory county court, or county court, the clerk of the court shall report to the Texas Judicial Council:

(1) the date the attachment was issued;

(2) whether the attachment was issued in connection with a grand jury investigation, criminal trial, or other criminal proceeding;

(3) the name of the person requesting and of the judge issuing the attachment; and

(4) the statutory authority under which the attachment was issued. (Code Crim. Proc., Art. 2.212.)

Art. 2A.213. CLERKS, STATE AGENCIES, AND ATTORNEYS REPRESENTING STATE: REPORT TO ATTORNEY GENERAL. (a) On written request by the attorney general, the clerk of a district or county court shall report to the attorney general information in court records that relates to a criminal matter, including information requested for purposes of federal habeas review. The clerk shall provide the report:

(1) not later than the 10th day after the date the request is received; and

(2) in the form prescribed by the attorney general.

(b) On written request by the attorney general, a state agency or the office of an attorney representing the state shall provide to the attorney general any record that is needed for purposes of federal habeas review. The agency or office shall provide the record:

(1) not later than the 10th day after the date the request is received; and

(2) in the form prescribed by the attorney general.

(c) A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the attorney general under this article. (Code Crim. Proc., Art. 2.23.)

CHAPTER 2B. LAW ENFORCEMENT INTERACTIONS WITH PUBLIC SUBCHAPTER A. GENERAL PROVISIONS Art. 2B.0001. DEFINITIONS SUBCHAPTER B. RACIAL PROFILING; MOTOR VEHICLE STOPS Art. 2B.0051. DEFINITIONS Art. 2B.0052. RACIAL PROFILING PROHIBITED Art. 2B.0053. LAW ENFORCEMENT POLICY ON RACIAL

PROFILING Art. 2B.0054. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS Art. 2B.0055. COMPILATION AND ANALYSIS OF INFORMATION

COLLECTED Art. 2B.0056. PRIMA FACIE EVIDENCE Art. 2B.0057. LIABILITY Art. 2B.0058. CIVIL PENALTY Art. 2B.0059. RULES SUBCHAPTER C. BODY WORN CAMERA PROGRAM Art. 2B.0101. DEFINITIONS Art. 2B.0102. GRANTS FOR BODY WORN CAMERAS Art. 2B.0103. GRANTS FOR BODY WORN CAMERA DATA STORAGE Art. 2B.0104. REPORTING Art. 2B.0105. INTERAGENCY OR INTERLOCAL CONTRACTS Art. 2B.0106. BODY WORN CAMERA POLICY Art. 2B.0107. TRAINING Art. 2B.0108. RECORDING INTERACTIONS WITH PUBLIC Art. 2B.0109. USE OF PERSONAL EQUIPMENT Art. 2B.0110. OFFENSE Art. 2B.0111. RECORDINGS AS EVIDENCE Art. 2B.0112. RELEASE OF INFORMATION RECORDED BY BODY

WORN CAMERA Art. 2B.0113. BODY WORN CAMERA RECORDINGS; REQUEST FOR

ATTORNEY GENERAL DECISION REGARDING

PUBLIC INFORMATION Art. 2B.0114. PRODUCTION OF BODY WORN CAMERA RECORDING

IN RESPONSE TO VOLUMINOUS PUBLIC

INFORMATION REQUESTS SUBCHAPTER D. VIDEO AND AUDIO EQUIPMENT AND RECORDINGS OF MOTOR VEHICLE STOPS Art. 2B.0151. FEASIBILITY OF VIDEO AND AUDIO EQUIPMENT

AND RECORDINGS FOR MOTOR VEHICLE STOPS Art. 2B.0152. PROVISION OF MONEY OR EQUIPMENT Art. 2B.0153. RULES Art. 2B.0154. VIDEO RECORDINGS OF ARRESTS FOR

INTOXICATION OFFENSES SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS Art. 2B.0201. DEFINITIONS Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION

REQUIRED; EXCEPTIONS Art. 2B.0203. PUBLIC DISCLOSURE SUBCHAPTER F. USE OF FORCE Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE

FORCE; REPORT REQUIRED Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR

ARREST PROHIBITED Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE

BY DRONE SUBCHAPTER G. DUTY TO REQUEST AND RENDER AID Art. 2B.0301. DUTY TO REQUEST AND RENDER AID

CHAPTER 2B. LAW ENFORCEMENT INTERACTIONS WITH PUBLIC

SUBCHAPTER A. GENERAL PROVISIONS

Art. 2B.0001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission on Law Enforcement.

(2) "Department" means the Department of Public Safety of the State of Texas. (Occ. Code, Sec. 1701.651(2); New.)

SUBCHAPTER B. RACIAL PROFILING; MOTOR VEHICLE STOPS

Art. 2B.0051. DEFINITIONS. In this subchapter:

(1) "Bodily injury" has the meaning assigned by Section 1.07, Penal Code.

(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance.

(3) "Race or ethnicity" means the following categories:

(A) Alaska native or American Indian;

(B) Asian or Pacific Islander;

(C) black;

(D) Hispanic or Latino; and

(E) white.

(4) "Racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. (Code Crim. Proc., Arts. 2.132(a)(2), (3), (b) (part), 2.133(a), (b) (part), 2.134(a), 3.05.)

Art. 2B.0052. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. (Code Crim. Proc., Art. 2.131.)

Art. 2B.0053. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article, "law enforcement agency" means an agency of this state, or of a county, municipality, or other political subdivision of this state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties.

(b) Each law enforcement agency shall adopt a detailed written policy on racial profiling. The policy must:

(1) clearly define acts constituting racial profiling;

(2) strictly prohibit peace officers employed by the agency from engaging in racial profiling;

(3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual;

(4) provide public education relating to the agency's compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer;

(5) require the agency employing a peace officer to take appropriate corrective action against the peace officer after an investigation shows that the peace officer has engaged in racial profiling in violation of the agency's policy adopted under this article;

(6) require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to:

(A) the race or ethnicity of the individual detained;

(B) whether a search was conducted and, if so, whether the individual detained consented to the search;

(C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual;

(D) whether the peace officer used physical force that resulted in bodily injury during the stop;

(E) the location of the stop; and

(F) the reason for the stop; and

(7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to:

(A) the commission; and

(B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of this state.

(c) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which there is a video or audio recording of the occurrence that is the basis for the complaint, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer for a copy of the recording.

(d) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in the agency's practices and policies regarding motor vehicle stops.

(e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information required by a policy under Subsection (b)(6).

(f) The commission shall begin disciplinary procedures against the chief administrator of a law enforcement agency if the commission finds that the chief administrator intentionally failed to submit a report required under Subsection (b)(7). (Code Crim. Proc., Arts. 2.132(a)(1), (b) (part), (e), (f), (g), (h).)

Art. 2B.0054. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) A peace officer who makes a motor vehicle stop shall report to the law enforcement agency that employs the officer information relating to the stop, including:

(1) a physical description of any individual operating the motor vehicle who is detained as a result of the stop, including:

(A) the individual's gender; and

(B) the individual's race or ethnicity, as stated by the individual or, if the individual does not state the individual's race or ethnicity, as determined by the officer to the best of the officer's ability;

(2) the initial reason for the stop;

(3) whether the officer conducted a search as a result of the stop and, if so:

(A) whether the individual detained consented to the search;

(B) the reason for the search, including whether:

(i) any contraband or other evidence was in plain view;

(ii) any probable cause or reasonable suspicion existed to perform the search; or

(iii) the search was performed because the motor vehicle was towed or because of the arrest of any individual in the motor vehicle; and

(C) whether any contraband or other evidence was discovered during the search and a description of the contraband or evidence;

(4) whether the officer made an arrest as a result of the stop or the search and, if so, a statement of:

(A) whether the arrest was based on:

(i) a violation of the Penal Code;

(ii) a violation of a traffic law or ordinance; or

(iii) an outstanding warrant; and

(B) the offense charged;

(5) the street address or approximate location of the stop;

(6) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and

(7) whether the officer used physical force that resulted in bodily injury during the stop.

(b) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (a) to ensure that the race or ethnicity of the individual operating the motor vehicle is reported. (Code Crim. Proc., Arts. 2.133(b) (part), (c).)

Art. 2B.0055. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2B.0054.

(b) Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to:

(1) the commission; and

(2) the governing body of each county or municipality served by the agency, if the law enforcement agency is a local law enforcement agency.

(c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed. The report must include:

(1) a comparative analysis of the information compiled under Article 2B.0054 to:

(A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of:

(i) individuals recognized as members of racial or ethnic minority groups; and

(ii) individuals not recognized as members of racial or ethnic minority groups;

(B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the individuals affected, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and

(C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered during those searches; and

(2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling.

(d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2B.0054(a)(1).

(e) The commission, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article.

(f) The commission shall begin disciplinary procedures against the chief administrator of a law enforcement agency if the commission finds that the chief administrator intentionally failed to submit a report required under Subsection (b). (Code Crim. Proc., Arts. 2.134(b), (c), (d), (e), (g).)

Art. 2B.0056. PRIMA FACIE EVIDENCE. The data collected as a result of the reporting requirements of Articles 2B.0053 and 2B.0055 does not constitute prima facie evidence of racial profiling. (Code Crim. Proc., Arts. 2.132(c), 2.134(f).)

Art. 2B.0057. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2B.0054 or under a policy adopted under Article 2B.0053. (Code Crim. Proc., Art. 2.136.)

Art. 2B.0058. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data required by Article 2B.0055, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection.

(b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data required by Article 2B.0055 shall remit to the comptroller the amount of $1,000 for each violation.

(c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. (Code Crim. Proc., Art. 2.1385.)

Art. 2B.0059. RULES. The department may adopt rules to implement Articles 2B.0052, 2B.0053, 2B.0054, 2B.0055, 2B.0056, and 2B.0057. (Code Crim. Proc., Art. 2.138.)

SUBCHAPTER C. BODY WORN CAMERA PROGRAM

Art. 2B.0101. DEFINITIONS. In this subchapter:

(1) "Body worn camera" means a recording device that is:

(A) capable of recording, or transmitting to be recorded remotely, video or audio; and

(B) worn on the person of a peace officer, which includes being attached to the officer's clothing or worn as glasses.

(2) "Officer" and "peace officer" have the meanings assigned by Section 1701.001, Occupations Code.

(3) "Private space" means a location in which an individual has a reasonable expectation of privacy, including an individual's home. (Occ. Code, Secs. 1701.651(1), (3); New.)

Art. 2B.0102. GRANTS FOR BODY WORN CAMERAS. (a) A police department of a municipality in this state, a sheriff of a county in this state who has received the approval of the commissioners court for the purpose, or the department may apply to the governor's office for a grant to defray the cost of implementing this subchapter and to equip peace officers with body worn cameras if that law enforcement agency employs officers who:

(1) engage in traffic or highway patrol or otherwise regularly detain or stop motor vehicles; or

(2) are primary responders who respond directly to calls for assistance from the public.

(b) The governor's office shall set deadlines for applications for grants under this subchapter.

(c) Except as provided by Subsection (d), the governor's office shall create and implement a matching grant program under which matching funds from federal, state, local, and other funding sources may be required as a condition of the grant. A law enforcement agency that receives a grant under this article is required to match 25 percent of the grant money.

(d) The department is eligible for grants under this subchapter but is not subject to any requirement for matching funds.

(e) The governor's office may conditionally award a grant to a law enforcement agency that has not adopted and implemented the policy under Article 2B.0106 or implemented the training required under Article 2B.0107. Money may not be disbursed to the law enforcement agency until the agency fully complies with those articles. (Occ. Code, Sec. 1701.652.)

Art. 2B.0103. GRANTS FOR BODY WORN CAMERA DATA STORAGE. (a) A law enforcement agency in this state that provides body worn cameras to its peace officers may apply to the office of the governor for a grant to defray the cost of data storage for recordings created with the body worn cameras.

(b) The grant program established by this article may be funded by federal funds or by gifts, grants, and donations. (Occ. Code, Sec. 1701.6521.)

Art. 2B.0104. REPORTING. (a) As a condition of receiving a grant under this subchapter, a law enforcement agency shall report to the commission annually regarding the costs of implementing a body worn camera program, including all known equipment costs and costs for data storage.

(b) The commission shall compile the information submitted under Subsection (a) into a report and submit the report to the governor's office and the legislature not later than December 1 of each year. (Occ. Code, Sec. 1701.653.)

Art. 2B.0105. INTERAGENCY OR INTERLOCAL CONTRACTS. A law enforcement agency in this state may enter into an interagency or interlocal contract to receive body worn camera services and have the identified operations performed through a program established by the Department of Information Resources. (Occ. Code, Sec. 1701.654.)

Art. 2B.0106. BODY WORN CAMERA POLICY. (a) A law enforcement agency that receives a grant to provide body worn cameras to the agency's peace officers or that otherwise operates a body worn camera program shall adopt a policy for the use of body worn cameras.

(b) A policy described by Subsection (a) must ensure that a body worn camera is activated only for a law enforcement purpose and must include:

(1) guidelines for when a peace officer should activate a camera or discontinue a recording currently in progress, considering the need for privacy in certain situations and at certain locations;

(2) provisions relating to:

(A) data retention, including a provision requiring the retention of video for at least 90 days;

(B) storage of video and audio;

(C) creation of backup copies of the video and audio;

(D) maintenance of data security; and

(E) the collection of a body worn camera, including the applicable video and audio recorded by the camera, as evidence;

(3) guidelines for public access, through open records requests, to recordings that are public information;

(4) provisions entitling an officer to access any recording of an incident involving the officer before the officer is required to make a statement about the incident;

(5) procedures for supervisory or internal review; and

(6) provisions for the handling and documenting of equipment and malfunctions of equipment.

(c) A policy described by Subsection (a) may not require a peace officer to keep a body worn camera activated for the entire period of the officer's shift.

(d) A policy described by Subsection (a) must require a peace officer who is equipped with a body worn camera and actively participating in an investigation to keep the camera activated for the entirety of the officer's active participation in the investigation unless the camera has been deactivated in compliance with that policy.

(e) A policy adopted under this article must be consistent with the Federal Rules of Evidence and Texas Rules of Evidence. (Occ. Code, Sec. 1701.655.)

Art. 2B.0107. TRAINING. (a) Before a law enforcement agency may operate a body worn camera program, the agency must provide training to:

(1) peace officers who will wear the body worn cameras; and

(2) any other personnel who will come into contact with video and audio data obtained from the use of body worn cameras.

(b) The commission, in consultation with the department, the Bill Blackwood Law Enforcement Management Institute of Texas, the Caruth Police Institute at Dallas, and the Texas Police Chiefs Association, shall develop or approve a curriculum for a training program under this article. (Occ. Code, Sec. 1701.656.)

Art. 2B.0108. RECORDING INTERACTIONS WITH PUBLIC. (a) A peace officer equipped with a body worn camera shall act in a manner that is consistent with the policy of the law enforcement agency that employs the officer with respect to when and under what circumstances a body worn camera must be activated.

(b) A peace officer equipped with a body worn camera may choose not to activate a camera or may choose to discontinue a recording currently in progress for any encounter with an individual that is not related to an investigation.

(c) A peace officer who does not activate a body worn camera in response to a call for assistance shall include in the officer's incident report or otherwise note in the case file or record the reason for not activating the camera.

(d) Any justification for failing to activate the body worn camera because it is unsafe, unrealistic, or impracticable must be based on whether a reasonable officer under the same or similar circumstances would have made the same decision. (Occ. Code, Sec. 1701.657.)

Art. 2B.0109. USE OF PERSONAL EQUIPMENT. (a) If a law enforcement agency receives a grant under Article 2B.0102, a peace officer who is employed by the agency and who is on duty may only use a body worn camera that is issued and maintained by that agency.

(b) Notwithstanding any previous policy, an agency may not allow its peace officers to use privately owned body worn cameras after receiving a grant described by this article.

(c) A peace officer who is employed by a law enforcement agency that has not received a grant described by this article or who has not otherwise been provided with a body worn camera by the agency that employs the officer may operate a body worn camera that is privately owned only if permitted by the employing agency.

(d) An agency that authorizes the use of privately owned body worn cameras under Subsection (c) must make provisions for the security and compatibility of the recordings made by those cameras. (Occ. Code, Sec. 1701.658.)

Art. 2B.0110. OFFENSE. (a) A peace officer or other employee of a law enforcement agency commits an offense if the officer or employee releases a recording created with a body worn camera under this subchapter without permission of the applicable law enforcement agency.

(b) An offense under this article is a Class A misdemeanor. (Occ. Code, Sec. 1701.659.)

Art. 2B.0111. RECORDINGS AS EVIDENCE. (a) Except as provided by Subsections (b) and (c), a recording created with a body worn camera that documents an incident that involves the use of deadly force by a peace officer or that is otherwise related to an administrative or criminal investigation of an officer may not be deleted, destroyed, or released to the public until all criminal matters have been finally adjudicated and all related administrative investigations have concluded.

(b) A law enforcement agency may permit an individual who is depicted in a recording of an incident described by Subsection (a) or, if the individual is deceased, the individual's authorized representative, to view the recording, if the law enforcement agency determines that the viewing furthers a law enforcement purpose and any authorized representative who is permitted to view the recording was not a witness to the incident. An individual viewing a recording under this subsection may not duplicate the recording or capture video or audio from the recording. A permitted viewing of a recording under this subsection is not considered to be a release of public information for purposes of Chapter 552, Government Code.

(c) A law enforcement agency may release to the public a recording described by Subsection (a) if the law enforcement agency determines that the release furthers a law enforcement purpose.

(d) This article does not affect the authority of a law enforcement agency to withhold under Section 552.108, Government Code, information related to a closed criminal investigation that did not result in a conviction or a grant of deferred adjudication community supervision. (Occ. Code, Sec. 1701.660.)

Art. 2B.0112. RELEASE OF INFORMATION RECORDED BY BODY WORN CAMERA. (a) A member of the public who submits a written request to a law enforcement agency for information recorded by a body worn camera must include with the request:

(1) the date and approximate time of the recording;

(2) the specific location where the recording occurred; and

(3) the name of one or more individuals known to be a subject of the recording.

(b) Failure to provide all of the information required by Subsection (a) does not preclude the requestor from making a future request for the same recorded information.

(c) Except as provided by Subsection (d), information recorded by a body worn camera and held by a law enforcement agency under this subchapter is not subject to Section 552.021, Government Code.

(d) Information that is or could be used as evidence in a criminal prosecution is subject to Section 552.021, Government Code.

(e) A law enforcement agency may:

(1) seek to withhold information subject to Subsection (d) in accordance with procedures provided by Section 552.301, Government Code;

(2) assert any exception to disclosure under Chapter 552, Government Code, or other law; or

(3) release information requested in accordance with Subsection (a) after the agency redacts any information made confidential under Chapter 552, Government Code, or other law.

(f) A law enforcement agency may not release any portion of a recording made in a private space, or of a recording involving the investigation of conduct that constitutes a misdemeanor punishable by fine only and does not result in arrest, without written authorization from the individual who is the subject of that portion of the recording or, if the individual is deceased, from the individual's authorized representative.

(g) The attorney general shall set a proposed fee to be charged to members of the public who seek to obtain a copy of a recording under this article in an amount sufficient to cover the cost of reviewing and making the recording. A law enforcement agency may provide a copy without charge or at a reduced charge if the agency determines that waiver or reduction of the charge is in the public interest.

(h) A recording is confidential and excepted from the requirements of Chapter 552, Government Code, if the recording:

(1) was not required to be made under this subchapter, another law, or a policy adopted by the appropriate law enforcement agency; and

(2) does not relate to a law enforcement purpose. (Occ. Code, Sec. 1701.661.)

Art. 2B.0113. BODY WORN CAMERA RECORDINGS; REQUEST FOR ATTORNEY GENERAL DECISION REGARDING PUBLIC INFORMATION. (a) Notwithstanding Section 552.301(b), Government Code, a governmental body's request for a decision from the attorney general about whether a requested body worn camera recording falls within an exception to public disclosure is considered timely if made not later than the 20th business day after the date of receipt of the written request.

(b) Notwithstanding Section 552.301(d), Government Code, a governmental body's response to a requestor regarding a requested body worn camera recording is considered timely if made not later than the 20th business day after the date of receipt of the written request.

(c) Notwithstanding Section 552.301(e), Government Code, a governmental body's submission to the attorney general of the information required by that subsection regarding a requested body worn camera recording is considered timely if made not later than the 25th business day after the date of receipt of the written request.

(d) Notwithstanding Section 552.301(e-1), Government Code, a governmental body's submission to a requestor of the information required by that subsection regarding a requested body worn camera recording is considered timely if made not later than the 25th business day after the date of receipt of the written request. (Occ. Code, Sec. 1701.662.)

Art. 2B.0114. PRODUCTION OF BODY WORN CAMERA RECORDING IN RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS. (a) For purposes of this article, "voluminous request" includes:

(1) a request for body worn camera recordings from more than five separate incidents;

(2) more than five separate requests for body worn camera recordings from the same individual in a 24-hour period, regardless of the number of incidents included in each request; and

(3) a request or multiple requests from the same individual in a 24-hour period for body worn camera recordings that, taken together, constitute more than five hours of video footage.

(b) Notwithstanding Section 552.221(d), Government Code, an officer for public information who is employed by a governmental body and who receives a voluminous request in accordance with Article 2B.0112(a) is considered to have promptly produced the information for purposes of Section 552.221, Government Code, if the officer takes the actions required under Section 552.221 not later than the 20th business day after the date of receipt of the written request. (Occ. Code, Sec. 1701.663.)

SUBCHAPTER D. VIDEO AND AUDIO EQUIPMENT AND RECORDINGS OF MOTOR

VEHICLE STOPS

Art. 2B.0151. FEASIBILITY OF VIDEO AND AUDIO EQUIPMENT AND RECORDINGS FOR MOTOR VEHICLE STOPS. (a) In this article:

(1) "Law enforcement agency" has the meaning assigned by Article 2B.0053.

(2) "Motor vehicle stop" has the meaning assigned by Article 2B.0051.

(b) On adoption of a policy under Article 2B.0053(b), a law enforcement agency shall examine the feasibility of:

(1) installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle that is regularly used to make motor vehicle stops;

(2) installing transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops; and

(3) equipping with a body worn camera, as that term is defined by Article 2B.0101, each peace officer who regularly detains or stops motor vehicles.

(c) If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this article, the policy adopted by the agency under Article 2B.0053(b) must include standards for reviewing video and audio documentation. (Code Crim. Proc., Art. 2.132(d); New.)

Art. 2B.0152. PROVISION OF MONEY OR EQUIPMENT. (a) The department shall adopt rules for providing money or video and audio equipment to law enforcement agencies to:

(1) install video and audio equipment in law enforcement motor vehicles and motorcycles; or

(2) equip peace officers with body worn cameras.

(b) The rules described by Subsection (a) must specify criteria to prioritize money or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to:

(1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement;

(2) smaller jurisdictions; and

(3) municipal and county law enforcement agencies.

(c) The department shall collaborate with an institution of higher education to identify law enforcement agencies that need money or video and audio equipment for a purpose described by Subsection (a). The collaboration may include the use of a survey to assist in developing criteria to prioritize money or equipment provided to law enforcement agencies.

(d) To receive money or video and audio equipment from the state for a purpose described by Subsection (a), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the department that the law enforcement agency needs money or video and audio equipment for that purpose.

(e) On receipt of money or video and audio equipment from the state for a purpose described by Subsection (a), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the department that the law enforcement agency:

(1) has taken the necessary actions to use the video and audio equipment or body worn cameras for that purpose; and

(2) is using the video and audio equipment or body worn cameras for that purpose. (Code Crim. Proc., Art. 2.137.)

Art. 2B.0153. RULES. The department may adopt rules to implement Articles 2B.0151 and 2B.0152. (Code Crim. Proc., Art. 2.138.)

Art. 2B.0154. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION OFFENSES. An individual stopped or arrested on suspicion of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is entitled to receive from the law enforcement agency employing the peace officer who made the stop or arrest a copy of any video made by or at the direction of the officer that contains footage of:

(1) the stop;

(2) the arrest;

(3) the conduct of the individual stopped during any interaction with the officer, including during the administration of a field sobriety test; or

(4) a procedure in which a specimen of the individual's breath or blood is taken. (Code Crim. Proc., Art. 2.1396.)

SUBCHAPTER E. ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS

Art. 2B.0201. DEFINITIONS. In this subchapter:

(1) "Electronic recording" means an audiovisual electronic recording, or an audio recording if an audiovisual electronic recording is unavailable, that is authentic, accurate, and unaltered.

(2) "Law enforcement agency" means an agency of this state, or of a county, municipality, or other political subdivision of this state, that employs peace officers who, in the routine performance of the officers' duties, conduct custodial interrogations of individuals suspected of committing criminal offenses.

(3) "Place of detention" means a police station or other building that is a place of operation for a law enforcement agency, including a municipal police department or county sheriff's department, and is owned or operated by the law enforcement agency to detain individuals in connection with the suspected violation of a penal law. The term does not include a courthouse. (Code Crim. Proc., Art. 2.32(a).)

Art. 2B.0202. RECORDING OF CUSTODIAL INTERROGATION REQUIRED; EXCEPTIONS. (a) Unless good cause exists that makes electronic recording infeasible, a law enforcement agency shall make a complete and contemporaneous electronic recording of any custodial interrogation that occurs in a place of detention and is of an individual suspected of committing or charged with the commission of an offense under the following provisions of the Penal Code:

(1) Section 19.02 (murder);

(2) Section 19.03 (capital murder);

(3) Section 20.03 (kidnapping);

(4) Section 20.04 (aggravated kidnapping);

(5) Section 20A.02 (trafficking of persons);

(6) Section 20A.03 (continuous trafficking of persons);

(7) Section 21.02 (continuous sexual abuse of young child or disabled individual);

(8) Section 21.11 (indecency with a child);

(9) Section 21.12 (improper relationship between educator and student);

(10) Section 22.011 (sexual assault);

(11) Section 22.021 (aggravated sexual assault); or

(12) Section 43.25 (sexual performance by a child).

(b) For purposes of Subsection (a), an electronic recording of a custodial interrogation is complete only if the recording:

(1) begins at or before the time the individual being interrogated enters the area of the place of detention in which the custodial interrogation will take place or receives a warning described by Section 2(a), Article 38.22, whichever is earlier; and

(2) continues until the time the interrogation ends.

(c) For purposes of Subsection (a), good cause that makes electronic recording infeasible includes the following:

(1) the individual being interrogated refused to respond or cooperate in a custodial interrogation at which an electronic recording was being made, provided that:

(A) a contemporaneous recording of the refusal was made; or

(B) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the individual's refusal but the individual was unwilling to have the refusal recorded, and the peace officer or agent contemporaneously, in writing, documented the refusal;

(2) the statement was not made as the result of a custodial interrogation, including a statement that was made spontaneously by the accused and not in response to a question by a peace officer;

(3) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the interrogation but:

(A) the recording equipment did not function;

(B) the officer or agent inadvertently operated the equipment incorrectly; or

(C) the equipment malfunctioned or stopped operating without the knowledge of the officer or agent;

(4) exigent public safety concerns prevented or rendered infeasible the making of an electronic recording of the statement; or

(5) the peace officer or agent of the law enforcement agency conducting the interrogation reasonably believed at the time the interrogation commenced that the individual being interrogated was not taken into custody for or being interrogated concerning the commission of an offense listed in Subsection (a). (Code Crim. Proc., Arts. 2.32(b), (c), (d).)

Art. 2B.0203. PUBLIC DISCLOSURE. A recording of a custodial interrogation that complies with this subchapter is exempt from public disclosure as provided by Section 552.108, Government Code. (Code Crim. Proc., Art. 2.32(e).)

SUBCHAPTER F. USE OF FORCE

Art. 2B.0251. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if:

(1) the amount of force exceeds that which is reasonable under the circumstances; and

(2) the officer knows or should know that the other officer's use of force:

(A) violates state or federal law;

(B) puts a person at risk of bodily injury, as defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and

(C) is not required to apprehend the person suspected of committing an offense.

(b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report. (Code Crim. Proc., Art. 2.1387.)

Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST PROHIBITED. A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. (Code Crim. Proc., Art. 2.33, as added Acts 87th Leg., R.S., Ch. 534.)

Art. 2B.0253. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. (a) In this article:

(1) "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that:

(A) is controlled remotely by a human operator; or

(B) operates autonomously through computer software or other programming.

(2) "Law enforcement agency" means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.

(b) Each law enforcement agency that uses or intends to use a drone for law enforcement purposes shall:

(1) adopt a written policy regarding the agency's use of force by means of a drone, before the agency first uses a drone, and update the policy as necessary; and

(2) not later than January 1 of each even-numbered year, submit the policy to the commission in the manner prescribed by the commission. (Code Crim. Proc., Art. 2.33, as added Acts 87th Leg., R.S., Ch. 1011.)

SUBCHAPTER G. DUTY TO REQUEST AND RENDER AID

Art. 2B.0301. DUTY TO REQUEST AND RENDER AID. (a) Except as provided by Subsection (b), a peace officer who encounters an injured person while discharging the officer's official duties shall immediately and as necessary:

(1) request emergency medical services personnel to provide the person with emergency medical services; and

(2) while waiting for emergency medical services personnel to arrive, provide first aid or treatment to the person to the extent of the officer's skill and training.

(b) The peace officer is not required to request emergency medical services or provide first aid or treatment under Subsection (a) if:

(1) making the request or providing the treatment would expose the officer or another person to a risk of bodily injury; or

(2) the officer is injured and physically unable to make the request or provide the treatment. (Code Crim. Proc., Art. 2.33, as added Acts 87th Leg., R.S., Ch. 979.)

CHAPTER 13A. VENUE SUBCHAPTER A. GENERAL PROVISIONS Art. 13A.001. VENUE GENERALLY Art. 13A.002. PLEADING AND PROVING VENUE Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED SUBCHAPTER B. VENUE IN CERTAIN CIRCUMSTANCES Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY

OUTSIDE THIS STATE Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY

PERSON ACTING FOR STATE Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING

IN ANOTHER Art. 13A.055. OFFENSE COMMITTED ON VESSEL Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A

CHILD Art. 13A.057. VENUE BY CONSENT SUBCHAPTER C. INCHOATE OFFENSES Art. 13A.101. CONSPIRACY SUBCHAPTER D. OFFENSES AGAINST THE PERSON Art. 13A.151. TRAFFICKING OF PERSONS, FALSE

IMPRISONMENT, KIDNAPPING, AND

SMUGGLING OF PERSONS Art. 13A.152. SEXUAL ASSAULT SUBCHAPTER E. OFFENSES AGAINST THE FAMILY Art. 13A.201. BIGAMY Art. 13A.202. CRIMINAL NONSUPPORT Art. 13A.203. PROTECTIVE ORDER OFFENSES Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY SUBCHAPTER F. OFFENSES AGAINST PROPERTY Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO

THEFT Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF

CERTAIN FINANCIAL INFORMATION Art. 13A.254. FORGERY Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE Art. 13A.256. HINDERING SECURED CREDITORS Art. 13A.257. ILLEGAL RECRUITMENT OF AN ATHLETE Art. 13A.258. MISAPPLICATION OF CERTAIN PROPERTY Art. 13A.259. CERTAIN DECEPTIVE PRACTICES Art. 13A.260. FRAUDULENT USE OR POSSESSION OF

IDENTIFYING INFORMATION Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS

DEGREE Art. 13A.262. MORTGAGE FRAUD Art. 13A.263. COMPUTER OFFENSES Art. 13A.264. TELECOMMUNICATIONS OFFENSES Art. 13A.265. MONEY LAUNDERING SUBCHAPTER G. OFFENSES AGAINST PUBLIC ADMINISTRATION Art. 13A.301. OBSTRUCTION OR RETALIATION Art. 13A.302. PERJURY Art. 13A.303. RECORD OF A FRAUDULENT COURT Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE SUBCHAPTER H. OFFENSES AGAINST PUBLIC ORDER AND DECENCY Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY

RESPONSE SUBCHAPTER I. ORGANIZED CRIME Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY SUBCHAPTER J. OFFENSES OUTSIDE PENAL CODE Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER

REGISTRATION STATUTE Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD

COMMITTED TO TEXAS JUVENILE JUSTICE

DEPARTMENT Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA Art. 13A.554. FAILURE TO COMPLY WITH SEXUALLY VIOLENT

PREDATOR CIVIL COMMITMENT REQUIREMENT

CHAPTER 13A. VENUE

SUBCHAPTER A. GENERAL PROVISIONS

Art. 13A.001. VENUE GENERALLY. If venue is not specifically stated for an offense, the offense may be prosecuted in the county in which the offense was committed. (Code Crim. Proc., Art. 13.18.)

Art. 13A.002. PLEADING AND PROVING VENUE. (a) In each case described by this chapter, the indictment or information or any other pleading may allege that the offense was committed in the county in which the prosecution is conducted.

(b) An allegation of venue under this article may be sustained if the attorney representing the state proves by a preponderance of the evidence that, based on the facts in the case, the county in which the prosecution is conducted has venue. (Code Crim. Proc., Art. 13.17.)

Art. 13A.003. WHEN VENUE CANNOT BE DETERMINED. If an offense has been committed in this state and the county in which the offense was committed cannot be readily determined, the offense may be prosecuted in the county:

(1) in which the defendant resides;

(2) in which the defendant is apprehended; or

(3) to which the defendant is extradited. (Code Crim. Proc., Art. 13.19.)

SUBCHAPTER B. VENUE IN CERTAIN CIRCUMSTANCES

Art. 13A.051. OFFENSE COMMITTED WHOLLY OR PARTLY OUTSIDE THIS STATE. (a) An offense committed wholly or partly outside this state under circumstances that give this state jurisdiction to prosecute the defendant may be prosecuted in any county in which:

(1) the defendant is found; or

(2) an element of the offense occurs.

(b) Criminal homicide committed wholly or partly outside this state under circumstances that give this state jurisdiction to prosecute the defendant may be prosecuted in the county in which:

(1) the injury was inflicted;

(2) the defendant was located when the defendant inflicted the injury; or

(3) the victim died or the victim's body was found. (Code Crim. Proc., Arts. 13.01, 13.05.)

Art. 13A.052. OFFENSE COMMITTED OUTSIDE THIS STATE BY PERSON ACTING FOR STATE. An offense committed outside this state by any officer acting under the authority of this state under circumstances that give this state jurisdiction to prosecute the defendant may be prosecuted in:

(1) the county in which the defendant resides; or

(2) if a nonresident of this state, Travis County. (Code Crim. Proc., Art. 13.10.)

Art. 13A.053. OFFENSE COMMITTED ON OR NEAR BOUNDARY. (a) An offense committed on or within 400 yards of the boundaries of two or more counties may be prosecuted in any one of those counties.

(b) An offense committed on the premises of an airport operated jointly by two municipalities and located in two counties may be prosecuted in either county.

(c) An offense punishable by fine only committed on or near the boundary of contiguous municipalities that have entered into an agreement authorized by Article 4.14(f) of this code and Section 29.003(h), Government Code, may be prosecuted in either of those municipalities as provided in the agreement.

(d) An offense committed on a river or stream forming the boundary of this state may be prosecuted in the county:

(1) the boundary of which is on the river or stream; and

(2) the county seat of which is nearest the place where the offense was committed. (Code Crim. Proc., Arts. 13.04, 13.045, 13.06.)

Art. 13A.054. PERSON INJURED IN ONE COUNTY AND DYING IN ANOTHER. An offense in which a person is injured in one county and, as a result of the injury, dies in another county, may be prosecuted in the county in which:

(1) the injury was received;

(2) the death occurred; or

(3) the person's body is found. (Code Crim. Proc., Art. 13.07.)

Art. 13A.055. OFFENSE COMMITTED ON VESSEL. An offense committed on board a vessel that at the time of the offense is on a navigable water in the boundaries of this State may be prosecuted in:

(1) any county through which the vessel is navigated in the course of the voyage; or

(2) the county in which the voyage commences or terminates. (Code Crim. Proc., Art. 13.11.)

Art. 13A.056. CERTAIN OFFENSES COMMITTED AGAINST A CHILD. An offense under Title 5, Penal Code, involving a victim younger than 18 years of age, or an offense under Section 25.03, Penal Code, that results in bodily injury to a child younger than 18 years of age, may be prosecuted in the county in which:

(1) an element of the offense was committed;

(2) the defendant is apprehended;

(3) the victim resides; or

(4) the defendant resides. (Code Crim. Proc., Art. 13.075.)

Art. 13A.057. VENUE BY CONSENT. With the consent of the defendant in writing, the defendant's attorney, and the attorney representing the state, the trial of a felony case without a jury may be held in any county in a judicial district for the county in which venue is otherwise authorized by law. (Code Crim. Proc., Art. 13.20.)

SUBCHAPTER C. INCHOATE OFFENSES

Art. 13A.101. CONSPIRACY. (a) Criminal conspiracy may be prosecuted in any county in which:

(1) the conspiracy was entered into;

(2) the conspiracy was agreed to be executed; or

(3) one or more of the conspirators acts to effect an object of the conspiracy.

(b) If an object of a criminal conspiracy is an offense classified as a felony under the Tax Code, the conspiracy may be prosecuted in any county in which venue is proper under the Tax Code for the offense, regardless of whether the offense was committed.

(c) If a criminal conspiracy was entered into outside this state under circumstances that give this state jurisdiction to prosecute the defendant, the conspiracy may be prosecuted in:

(1) any county in which the conspiracy was agreed to be executed;

(2) any county in which any of the conspirators were found; or

(3) Travis County. (Code Crim. Proc., Art. 13.13.)

SUBCHAPTER D. OFFENSES AGAINST THE PERSON

Art. 13A.151. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, KIDNAPPING, AND SMUGGLING OF PERSONS. Trafficking of persons, false imprisonment, kidnapping, or smuggling of persons may be prosecuted in any county:

(1) in which the offense was committed; or

(2) through, into, or out of which the victim may have been taken. (Code Crim. Proc., Art. 13.12.)

Art. 13A.152. SEXUAL ASSAULT. Sexual assault may be prosecuted in any county:

(1) in which the offense was committed; or

(2) in which the victim was abducted, if applicable, or through or into which the victim was transported in the course of the abduction and sexual assault. (Code Crim. Proc., Art. 13.15 (part).)

SUBCHAPTER E. OFFENSES AGAINST THE FAMILY

Art. 13A.201. BIGAMY. Bigamy may be prosecuted in any county in which:

(1) the bigamous marriage occurred;

(2) the parties to the bigamous marriage live together as spouses; or

(3) a party to the bigamous marriage not charged with the offense resides. (Code Crim. Proc., Art. 13.14.)

Art. 13A.202. CRIMINAL NONSUPPORT. Criminal nonsupport may be prosecuted in the county in which the person for whom support is not provided resides at the time the information or indictment is presented. (Code Crim. Proc., Art. 13.16.)

Art. 13A.203. PROTECTIVE ORDER OFFENSES. An offense under Section 25.07 or 25.072, Penal Code, may be prosecuted in any county in which:

(1) the protective order was issued; or

(2) the offense was committed, without regard to the identity or location of the court that issued the protective order. (Code Crim. Proc., Art. 13.38.)

Art. 13A.204. CONTINUOUS VIOLENCE AGAINST THE FAMILY. An offense under Section 25.11, Penal Code, may be prosecuted in any county in which the defendant engaged in the conduct constituting an offense under Section 22.01(a)(1), Penal Code, against a person described by Section 25.11(a), Penal Code. (Code Crim. Proc., Art. 13.072.)

SUBCHAPTER F. OFFENSES AGAINST PROPERTY

Art. 13A.251. THEFT; ORGANIZED RETAIL THEFT; CARGO THEFT. (a) An offense involving property that is stolen in one county and removed to another county may be prosecuted in any county:

(1) in which the property was stolen; or

(2) through or into which the property was removed.

(b) An offense under Section 31.16 or 31.18, Penal Code, may be prosecuted in any county in which an underlying theft could have been prosecuted as a separate offense. (Code Crim. Proc., Art. 13.08.)

Art. 13A.252. UNAUTHORIZED USE OF A VEHICLE. Unauthorized use of a vehicle may be prosecuted in:

(1) any county in which the unauthorized use of the vehicle occurred; or

(2) the county in which the vehicle was originally reported stolen. (Code Crim. Proc., Art. 13.23.)

Art. 13A.253. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. An offense under Section 31.17, Penal Code, may be prosecuted in:

(1) any county in which the offense was committed; or

(2) the county in which the victim resides. (Code Crim. Proc., Art. 13.295.)

Art. 13A.254. FORGERY. Forgery may be prosecuted in:

(1) any county in which the writing was:

(A) forged;

(B) used or passed or attempted to be used or passed; or

(C) deposited or placed with another person, firm, association, or corporation for collection or credit for the account of any person, firm, association, or corporation; or

(2) if the forging and the uttering, using, or passing of a forged instrument in writing concerns or affects the title to real property in this state, a county in which any part of the property is located. (Code Crim. Proc., Art. 13.02.)

Art. 13A.255. CREDIT CARD OR DEBIT CARD ABUSE. An offense under Section 32.31, Penal Code, may be prosecuted in any county in which:

(1) the offense was committed; or

(2) any person whose credit card or debit card was unlawfully possessed or used resides. (Code Crim. Proc., Art. 13.291.)

Art. 13A.256. HINDERING SECURED CREDITORS. An offense involving secured property that is taken from one county and unlawfully disposed of in another county or state may be prosecuted in the county:

(1) in which the secured property was disposed of;

(2) from which the secured property was removed; or

(3) in which the security agreement is filed. (Code Crim. Proc., Art. 13.09.)

Art. 13A.257. ILLEGAL RECRUITMENT OF AN ATHLETE. Illegal recruitment of an athlete may be prosecuted in any county in which:

(1) the offense was committed; or

(2) is located the institution of higher education in which the athlete agreed or was influenced to enroll. (Code Crim. Proc., Art. 13.24.)

Art. 13A.258. MISAPPLICATION OF CERTAIN PROPERTY. (a) Except as provided by Subsection (b), an offense involving the misapplication of property held as a fiduciary or property of a financial institution in one county and the removal of that property to another county may be prosecuted in any county:

(1) in which the property was misapplied;

(2) through or into which the property was removed; or

(3) in which the fiduciary was appointed to serve, if applicable.

(b) An offense related to misapplication of construction trust funds under Chapter 162, Property Code, must be prosecuted in the county in which the construction project is located. (Code Crim. Proc., Art. 13.32.)

Art. 13A.259. CERTAIN DECEPTIVE PRACTICES. An offense under Section 32.46, 32.48, or 32.49, Penal Code, may be prosecuted in any county:

(1) from which any material document was sent; or

(2) in which any material document was delivered. (Code Crim. Proc., Art. 13.27 (part).)

Art. 13A.260. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. An offense under Section 32.51, Penal Code, may be prosecuted in:

(1) any county in which the offense was committed; or

(2) the county in which the victim resides. (Code Crim. Proc., Art. 13.29.)

Art. 13A.261. FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE. An offense under Section 32.52, Penal Code, may be prosecuted in:

(1) any county in which an element of the offense occurs; or

(2) Travis County. (Code Crim. Proc., Art. 13.30.)

Art. 13A.262. MORTGAGE FRAUD. (a) In this article, "real estate transaction" means a sale, lease, trade, exchange, gift, grant, or other conveyance of a real property interest.

(b) Any offense under Chapter 32, Penal Code, that involves a real estate transaction may be prosecuted in:

(1) the county in which the property is located;

(2) any county in which part of the transaction occurred, including the generation of documentation supporting the transaction; or

(3) if the offense is an offense under Section 32.46, 32.48, or 32.49, Penal Code, any county described by Subdivision (1) or (2) or authorized by Article 13A.259. (Code Crim. Proc., Art. 13.271.)

Art. 13A.263. COMPUTER OFFENSES. (a) In this article, "access," "computer," "computer network," "computer program," "computer system," and "owner" have the meanings assigned by Section 33.01, Penal Code.

(b) An offense under Chapter 33, Penal Code, may be prosecuted in any county:

(1) that is the principal place of business of the owner or lessee of a computer, computer network, or computer system involved in the offense;

(2) in which a defendant had control or possession of:

(A) any proceeds of the offense; or

(B) any books, records, documents, property, negotiable instruments, computer programs, or other material used in furtherance of the offense;

(3) from which, to which, or through which access to a computer, computer network, computer program, or computer system was made in violation of Chapter 33, Penal Code, whether by wires, electromagnetic waves, microwaves, or any other means of communication; or

(4) in which an individual who is a victim of the offense resides. (Code Crim. Proc., Art. 13.25.)

Art. 13A.264. TELECOMMUNICATIONS OFFENSES. An offense under Chapter 33A, Penal Code, may be prosecuted in any county:

(1) in which the telecommunications service originated or terminated; or

(2) to which the bill for the telecommunications service was or would have been delivered. (Code Crim. Proc., Art. 13.26.)

Art. 13A.265. MONEY LAUNDERING. Money laundering may be prosecuted in:

(1) any county in which the offense was committed; or

(2) if the prosecution is based on an offense classified as a felony under the Tax Code, any county in which venue is proper under the Tax Code for the offense. (Code Crim. Proc., Art. 13.35.)

SUBCHAPTER G. OFFENSES AGAINST PUBLIC ADMINISTRATION

Art. 13A.301. OBSTRUCTION OR RETALIATION. An offense under Section 36.06(a)(1), Penal Code, may be prosecuted in any county in which:

(1) the harm occurs; or

(2) the threat to do harm originated or was received. (Code Crim. Proc., Art. 13.37.)

Art. 13A.302. PERJURY. Perjury or aggravated perjury may be prosecuted in any county in which:

(1) the offense was committed; or

(2) the false statement is used or attempted to be used. (Code Crim. Proc., Art. 13.03.)

Art. 13A.303. RECORD OF A FRAUDULENT COURT. An offense under Section 37.13, Penal Code, may be prosecuted in any county:

(1) from which any material document was sent; or

(2) in which any material document was delivered. (Code Crim. Proc., Art. 13.27 (part).)

Art. 13A.304. ESCAPE; UNAUTHORIZED ABSENCE. An offense under Section 38.06 or 38.113, Penal Code, may be prosecuted in any county in which:

(1) the offense was committed; or

(2) the defendant committed the offense for which the defendant was placed in custody, detained, or required to submit to treatment. (Code Crim. Proc., Art. 13.28.)

SUBCHAPTER H. OFFENSES AGAINST PUBLIC ORDER AND DECENCY

Art. 13A.451. FALSE REPORT TO INDUCE EMERGENCY RESPONSE. An offense under Section 42.0601, Penal Code, may be prosecuted in any county in which:

(1) the defendant resides;

(2) the false report was made; or

(3) a law enforcement agency or other emergency responder responded to the false report. (Code Crim. Proc., Art. 13.40.)

SUBCHAPTER I. ORGANIZED CRIME

Art. 13A.501. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. Engaging in organized criminal activity may be prosecuted in:

(1) any county in which an act is committed to effect an objective of the combination; or

(2) if the prosecution is based on an offense classified as a felony under the Tax Code, any county in which venue is proper under the Tax Code for the offense. (Code Crim. Proc., Art. 13.21.)

SUBCHAPTER J. OFFENSES OUTSIDE PENAL CODE

Art. 13A.551. FAILURE TO COMPLY WITH SEX OFFENDER REGISTRATION STATUTE. An offense under Chapter 62 may be prosecuted in any county in which:

(1) an element of the offense occurs;

(2) the defendant last registered, verified registration, or otherwise complied with a requirement under Chapter 62;

(3) the defendant has indicated that the defendant intends to reside, regardless of whether the defendant establishes or attempts to establish residency in that county;

(4) the defendant is placed under custodial arrest for an offense subsequent to the defendant's most recent reportable conviction or adjudication under Chapter 62; or

(5) the defendant resides or is found by a peace officer, regardless of how long the defendant has been in the county or intends to stay in the county. (Code Crim. Proc., Art. 13.31.)

Art. 13A.552. CERTAIN OFFENSES COMMITTED AGAINST CHILD COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. An offense described by Article 104.003(a) committed by an employee or officer of the Texas Juvenile Justice Department or a person providing services under a contract with the department against a child committed to the department may be prosecuted in:

(1) any county in which an element of the offense occurred; or

(2) Travis County. (Code Crim. Proc., Art. 13.34.)

Art. 13A.553. POSSESSION AND DELIVERY OF MARIHUANA. Possession or delivery of marihuana may be prosecuted in:

(1) any county in which the offense was committed; or

(2) with the consent of the defendant, any county that is adjacent to and in the same judicial district as any county in which the offense was committed. (Code Crim. Proc., Art. 13.22.)

Art. 13A.554. FAILURE TO COMPLY WITH SEXUALLY VIOLENT PREDATOR CIVIL COMMITMENT REQUIREMENT. An offense under Section 841.085, Health and Safety Code, may be prosecuted in:

(1) any county in which an element of the offense occurs; or

(2) the court that retains jurisdiction over the civil commitment proceeding under Section 841.082, Health and Safety Code. (Code Crim. Proc., Art. 13.315.)

CHAPTER 31A. CHANGE OF VENUE SUBCHAPTER A. AUTHORITY TO CHANGE VENUE Art. 31A.001. CHANGE OF VENUE ON JUDGE'S OWN MOTION Art. 31A.002. COURT REQUIRED TO CHANGE VENUE IN

CERTAIN SEXUAL ASSAULT CASES Art. 31A.003. CHANGE OF VENUE ON STATE'S MOTION Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION Art. 31A.005. CONTESTING MOTION TO CHANGE VENUE;

HEARING SUBCHAPTER B. ON CHANGE OF VENUE Art. 31A.051. CLERK'S DUTIES ON CHANGE OF VENUE Art. 31A.052. USE OF SERVICES OF ORIGINAL VENUE Art. 31A.053. REMOVAL OF DEFENDANT IN CUSTODY Art. 31A.054. NO EFFECT ON SUBPOENA, ATTACHMENT, OR

BAIL OF WITNESSES SUBCHAPTER C. RETURNING VENUE AFTER TRIAL Art. 31A.151. RETURN TO COUNTY IN WHICH INDICTMENT OR

INFORMATION FILED; SUBSEQUENT

PROCEEDINGS Art. 31A.152. CLERK'S DUTIES ON RETURN TO COUNTY IN

WHICH INDICTMENT OR INFORMATION FILED

CHAPTER 31A. CHANGE OF VENUE

SUBCHAPTER A. AUTHORITY TO CHANGE VENUE

Art. 31A.001. CHANGE OF VENUE ON JUDGE'S OWN MOTION. (a) In a felony or misdemeanor case punishable by confinement, if the judge is satisfied that a fair and impartial trial cannot be held for any reason in the county in which the case is pending, the judge may on the judge's own motion, after providing reasonable notice to the defendant and the state and hearing evidence on the motion, order a change of venue to:

(1) any county in the same judicial district as the county in which the case is pending or in an adjoining judicial district; or

(2) any county not described by Subdivision (1), after 10 days' notice is provided.

(b) An order changing venue under Subsection (a) must state the grounds for the change of venue.

(c) An order changing venue under Subsection (a)(2) is grounds for reversal if, on timely contest by the defendant, the record of the contest affirmatively shows that any county described by Subsection (a)(1) is not subject to the same conditions that required the change of venue. (Code Crim. Proc., Art. 31.01.)

Art. 31A.002. COURT REQUIRED TO CHANGE VENUE IN CERTAIN SEXUAL ASSAULT CASES. In a sexual assault case, a district court shall order a change of venue when necessary to secure a speedy trial. (Code Crim. Proc., Art. 13.15 (part).)

Art. 31A.003. CHANGE OF VENUE ON STATE'S MOTION. (a) In a felony or misdemeanor case punishable by confinement, the attorney representing the state may file a written motion requesting a change of venue on the basis that:

(1) a fair and impartial trial cannot be safely and speedily held because of:

(A) existing combinations or influences in favor of the defendant; or

(B) the lawless condition of affairs in the county; or

(2) the life of the prisoner or of any witness would be jeopardized by a trial in the county in which the case is pending.

(b) On receipt of a motion filed under Subsection (a), the judge shall:

(1) hear evidence on the motion; and

(2) if the judge is satisfied that the motion is sufficiently supported and that justice will be served by granting the motion, order a change of venue to any county in the judicial district in which the case is pending or in an adjoining judicial district. (Code Crim. Proc., Art. 31.02.)

Art. 31A.004. CHANGE OF VENUE ON DEFENDANT'S MOTION. (a) In a felony or misdemeanor case punishable by confinement, the court may grant a change of venue on the written motion of the defendant, supported by the defendant's affidavit and the affidavit of at least two credible persons who are residents of the county in which the prosecution is commenced, if the court determines that the defendant cannot obtain a fair and impartial trial in the county in which the prosecution is commenced as a result of:

(1) a prejudice against the defendant in the county; or

(2) a dangerous combination against the defendant in the county instigated by influential persons.

(b) An order changing venue under Subsection (a) to a county other than a county in the same judicial district as the county in which the case is pending or in an adjoining judicial district is grounds for reversal, if on timely contest by the defendant, the record of the contest affirmatively shows that any county in the judicial district in which the case is pending or in the adjoining judicial district is not subject to the same conditions that required the change of venue.

(c) On the defendant's motion and with the consent of the attorney representing the state, the court may transfer the case to another judicial district:

(1) for the convenience of the parties and witnesses and in the interest of justice; or

(2) if the defendant stipulates that the defendant will enter a plea of guilty. (Code Crim. Proc., Art. 31.03.)

Art. 31A.005. CONTESTING MOTION TO CHANGE VENUE; HEARING. (a) The credibility or the means of knowledge of a person making an affidavit for change of venue may be attacked by the affidavit of a credible person.

(b) If an affidavit is filed to contest an affidavit for change of venue as provided by Subsection (a), the judge shall hold a hearing on the issue and grant or refuse the motion based on the law and facts in the case. (Code Crim. Proc., Art. 31.04.)

SUBCHAPTER B. ON CHANGE OF VENUE

Art. 31A.051. CLERK'S DUTIES ON CHANGE OF VENUE. If a court orders a change of venue in a criminal case, the clerk of the court in which the prosecution is pending shall prepare and transmit to the clerk of the court to which the venue is changed:

(1) a certified copy of the court's order directing the change of venue;

(2) a certified copy of the defendant's bail bond or personal bond, if any;

(3) the original papers in the case; and

(4) a certificate of the transmitting clerk under that clerk's official seal that the papers described by Subdivision (3) are all the papers on file in the case in the court in which the prosecution is pending. (Code Crim. Proc., Art. 31.05.)

Art. 31A.052. USE OF SERVICES OF ORIGINAL VENUE. (a) A judge ordering a change of venue under this chapter may, with the written consent of the defendant, the defendant's attorney, and the attorney representing the state:

(1) maintain the original case number on the court's docket;

(2) preside over the case; and

(3) use the services of the court reporter, the court coordinator, and the clerk of the court of original venue.

(b) If a judge takes the actions described by Subsection (a):

(1) the court shall use the courtroom facilities and any other services or facilities of the judicial district or county to which venue is changed;

(2) the jury, if required, must consist of residents of the judicial district or county to which venue is changed; and

(3) notwithstanding Article 31A.051, the clerk of the court of original venue shall:

(A) maintain the original papers of the case, including the defendant's bail bond or personal bond, if any;

(B) make the papers described by Paragraph (A) available for trial; and

(C) act as the clerk in the case. (Code Crim. Proc., Art. 31.09.)

Art. 31A.053. REMOVAL OF DEFENDANT IN CUSTODY. If the defendant is in custody when venue is changed in a criminal case:

(1) an order shall be entered for:

(A) the defendant's removal to the county to which the venue is changed; and

(B) the defendant's delivery to the sheriff of the county to which the venue is changed before the next succeeding term of the court of that county; and

(2) the sheriff with custody of the defendant shall deliver the defendant as directed in the order described by Subdivision (1). (Code Crim. Proc., Art. 31.06.)

Art. 31A.054. NO EFFECT ON SUBPOENA, ATTACHMENT, OR BAIL OF WITNESSES. When venue is changed in a criminal case, any witness who has been subpoenaed, attached, or bailed to appear and testify in the case:

(1) is not required to be again subpoenaed, attached, or bailed; and

(2) shall appear before the court to which venue has been changed as if there had been no change of venue. (Code Crim. Proc., Art. 31.07.)

SUBCHAPTER C. RETURNING VENUE AFTER TRIAL

Art. 31A.151. RETURN TO COUNTY IN WHICH INDICTMENT OR INFORMATION FILED; SUBSEQUENT PROCEEDINGS. (a) On the completion of a trial in which a change of venue has been ordered and, if applicable, after the jury has been discharged, the court, with the consent of counsel for the state and the defendant, may return the case to the county in which the indictment or information was filed. Except as provided by Subsection (b), all subsequent and ancillary proceedings, including the pronouncement of sentence after appeals have been exhausted, must be heard in the county in which the indictment or information was filed.

(b) A motion for new trial alleging jury misconduct must be heard in the county in which the case was tried. The county in which the indictment or information was filed must pay the costs of the prosecution of the motion.

(c) Except for the review of a death sentence under Section 2(h), Article 37.071, or under Section 2(h), Article 37.072, an appeal taken in a case returned under this article to the county in which the indictment or information was filed must be docketed in the appellate district in which that county is located. (Code Crim. Proc., Art. 31.08, Secs. 1, 3.)

Art. 31A.152. CLERK'S DUTIES ON RETURN TO COUNTY IN WHICH INDICTMENT OR INFORMATION FILED. (a) Except as provided by Subsection (b), on an order returning a case to the county in which the indictment or information was filed as provided by Article 31A.151, the clerk of the county in which the case was tried shall:

(1) make a certified copy of:

(A) the court's order directing the return; and

(B) the defendant's bail bond, personal bond, or appeal bond, if any;

(2) gather the original papers in the case and certify under official seal that the papers are all the original papers on file in the court in which the case was tried; and

(3) transmit the items described by Subdivisions (1) and (2) to the clerk of the court in which the indictment or information was filed.

(b) This article does not apply to a proceeding in which the clerk of the court in which the indictment or information was filed was present and performed the duties as clerk for the court under Article 31A.052. (Code Crim. Proc., Art. 31.08, Sec. 2.)

CHAPTER 45A. JUSTICE AND MUNICIPAL COURTS SUBCHAPTER A. GENERAL PROVISIONS Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES Art. 45A.002. DEFINITIONS Art. 45A.003. APPLICABILITY Art. 45A.004. RULES OF EVIDENCE Art. 45A.005. PROSECUTING ATTORNEY Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS SUBCHAPTER B. COURT RECORDS Art. 45A.051. ELECTRONIC RECORDS Art. 45A.052. COURT SEAL Art. 45A.053. DOCKET Art. 45A.054. FILING BY MAIL Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO

FINE-ONLY MISDEMEANORS SUBCHAPTER C. PRETRIAL PROCEEDINGS Art. 45A.101. COMPLAINT Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT Art. 45A.104. ARREST WARRANT Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT Art. 45A.106. DEFENDANT PLACED IN JAIL Art. 45A.107. BAIL Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER

COUNTY SUBCHAPTER D. TRIAL Art. 45A.151. DEFENDANT'S PLEA Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE

GENERALLY Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY

DEFENDANT IN JAIL Art. 45A.155. JURY WAIVER Art. 45A.156. JURY SUMMONED Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT

FOR TRIAL Art. 45A.159. JURY SELECTION AND FORMATION Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY Art. 45A.161. ORDER OF ARGUMENT Art. 45A.162. DIRECTED VERDICT Art. 45A.163. JURY CHARGE Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION Art. 45A.165. MISTRIAL Art. 45A.166. VERDICT SUBCHAPTER E. NEW TRIAL AND APPEAL Art. 45A.201. NEW TRIAL Art. 45A.202. APPEAL Art. 45A.203. APPEAL BOND Art. 45A.204. EFFECT OF APPEAL SUBCHAPTER F. JUDGMENT, FINES, AND COSTS Art. 45A.251. JUDGMENT Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR

COSTS Art. 45A.253. DISCHARGING FINES OR COSTS Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR

COSTS Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES

INVOLVING DEFERRED DISPOSITION Art. 45A.256. FORFEITURE OF CASH BOND TO SATISFY FINES

AND COSTS; MOTION FOR NEW TRIAL Art. 45A.257. WAIVER OF PAYMENT OF FINES AND COSTS Art. 45A.258. RECONSIDERATION OF SATISFACTION OF FINES

OR COSTS Art. 45A.259. CAPIAS PRO FINE Art. 45A.260. APPEARANCE BY TELEPHONE OR

VIDEOCONFERENCE Art. 45A.261. COMMITMENT Art. 45A.262. DISCHARGED FROM JAIL Art. 45A.263. CIVIL COLLECTION OF FINES AND COSTS

AFTER JUDGMENT Art. 45A.264. COLLECTION OF FINES AND COSTS BY

MUNICIPALITY SUBCHAPTER G. DEFERRED DISPOSITION Art. 45A.301. APPLICABILITY Art. 45A.302. DEFERRED DISPOSITION Art. 45A.303. DEFERRED DISPOSITION REQUIREMENTS Art. 45A.304. DEFERRED DISPOSITION REQUIREMENTS:

MOVING VIOLATION COMMITTED BY YOUNG

DEFENDANT Art. 45A.305. DISMISSAL OF COMPLAINT ON COMPLIANCE

WITH JUDICIAL REQUIREMENTS Art. 45A.306. SHOW CAUSE HEARING ON FAILURE TO COMPLY

WITH JUDICIAL REQUIREMENTS Art. 45A.307. JUDICIAL ACTIONS ON SHOW CAUSE HEARING SUBCHAPTER H. DRIVING SAFETY OR MOTORCYCLE OPERATOR COURSE DISMISSAL Art. 45A.351. APPLICABILITY Art. 45A.352. DRIVING SAFETY OR MOTORCYCLE OPERATOR

TRAINING COURSE COMPLETION Art. 45A.353. CERTAIN DEFENDANTS ENTITLED TO COMPLETE

DRIVING SAFETY OR MOTORCYCLE OPERATOR

TRAINING COURSE Art. 45A.354. CONTENT OF NOTICE TO APPEAR Art. 45A.355. EXTENSION FOR GOOD CAUSE Art. 45A.356. JUDICIAL ACTIONS FOLLOWING PLEA; SHOW

CAUSE HEARING Art. 45A.357. EFFECT OF DISMISSAL OR COURSE COMPLETION Art. 45A.358. ADDITIONAL FINES AND FEES RELATING TO

COURSE REQUEST Art. 45A.359. DRIVING RECORD RETRIEVAL AND RELATED FEE SUBCHAPTER I. OTHER DISMISSALS Art. 45A.401. DISMISSAL OF MISDEMEANOR CHARGE ON

COMPLETION OF TEEN COURT PROGRAM Art. 45A.402. DISMISSAL OF COMPLAINT ON COMMITMENT OF

PERSON WITH CHEMICAL DEPENDENCY Art. 45A.403. DISMISSAL OF PARENT CONTRIBUTING TO

NONATTENDANCE CHARGE SUBCHAPTER J. CASES INVOLVING JUVENILES Art. 45A.451. JUVENILE CASE MANAGERS Art. 45A.452. PLEA; APPEARANCE BY DEFENDANT AND PARENT Art. 45A.453. CHILD TAKEN INTO CUSTODY Art. 45A.454. CONDUCT ALLEGED ON SCHOOL PROPERTY Art. 45A.455. CHILD TAKEN INTO CUSTODY FOR VIOLATION

OF JUVENILE CURFEW OR ORDER Art. 45A.456. CONTINUING OBLIGATION TO APPEAR FOR

UNADJUDICATED CHILD, NOW ADULT;

OFFENSE Art. 45A.457. FINDING THAT OFFENSE COMMITTED Art. 45A.458. FINDING OF ELECTRONIC TRANSMISSION OF

CERTAIN VISUAL MATERIAL DEPICTING

MINOR Art. 45A.459. COMMUNITY SERVICE TO SATISFY FINES OR

COSTS FOR CERTAIN JUVENILE DEFENDANTS Art. 45A.460. COMMUNITY SERVICE TO SATISFY FINES OR

COSTS FOR CERTAIN JUVENILE DEFENDANTS

FOR OFFENSES ON SCHOOL GROUNDS Art. 45A.461. FAILURE TO PAY FINE OR APPEAR Art. 45A.462. CONFIDENTIAL RECORDS RELATED TO CERTAIN

CHARGES AGAINST OR CONVICTIONS OF

CHILD Art. 45A.463. EXPUNCTION OF CERTAIN RECORDS OF CHILD

OR MINOR Art. 45A.464. EXPUNCTION OF RECORDS RELATED TO FAILURE

TO ATTEND SCHOOL

CHAPTER 45A. JUSTICE AND MUNICIPAL COURTS

SUBCHAPTER A. GENERAL PROVISIONS

Art. 45A.001. CHAPTER PURPOSE AND OBJECTIVES. (a) The purpose of this chapter is to establish procedures for processing cases under the criminal jurisdiction of the justice and municipal courts.

(b) This chapter is intended and shall be construed to achieve the following objectives:

(1) to provide fair notice and a meaningful opportunity to be heard to a person appearing in a criminal proceeding in a justice or municipal court;

(2) to ensure appropriate dignity in court procedure without undue formalism;

(3) to promote adherence to rules with sufficient flexibility to serve the ends of justice; and

(4) to process cases without unnecessary expense or delay. (Code Crim. Proc., Art. 45.001.)

Art. 45A.002. DEFINITIONS. In this chapter:

(1) "Complaint" means a sworn allegation charging an accused person with the commission of an offense.

(2) "Cost" includes any fee, including a reimbursement fee, imposed on a defendant by a justice or judge, unless the context clearly indicates otherwise. (Code Crim. Proc., Arts. 45.004, 45.018(a).)

Art. 45A.003. APPLICABILITY. (a) A criminal proceeding in a justice or municipal court shall be conducted in accordance with this chapter.

(b) If this chapter does not provide a rule of procedure governing an aspect of a case, the justice or judge shall apply the other general provisions of this code to the extent necessary to achieve the objectives of this chapter. (Code Crim. Proc., Art. 45.002.)

Art. 45A.004. RULES OF EVIDENCE. The rules of evidence that apply to the trial of a criminal action in a district court apply to a criminal proceeding in a justice or municipal court. (Code Crim. Proc., Art. 45.011.)

Art. 45A.005. PROSECUTING ATTORNEY. (a) A county or district attorney or a deputy county or district attorney shall conduct each prosecution in a justice court.

(b) Except as otherwise provided by law, a district attorney or a deputy district attorney with the consent of the county attorney may prosecute an appeal from a justice court.

(c) A municipal attorney or a deputy municipal attorney shall conduct each prosecution in a municipal court.

(d) The county attorney of the county in which a municipality is located may also represent the state in a prosecution in a municipal court in that municipality. The county attorney is not entitled to receive any fees or other compensation for representing the state in a prosecution described by this subsection.

(e) With the consent of the county attorney, a municipal attorney or a deputy municipal attorney may prosecute an appeal from a municipal court to a county court, county court at law, or appellate court. (Code Crim. Proc., Arts. 45.101, 45.201(a), (b), (c).)

Art. 45A.006. GENERAL DUTIES OF MUNICIPAL ATTORNEYS. The primary duty of a municipal attorney is not to convict, but to see that justice is done. (Code Crim. Proc., Art. 45.201(d).)

SUBCHAPTER B. COURT RECORDS

Art. 45A.051. ELECTRONIC RECORDS. (a) Notwithstanding any other law, a document issued or maintained by a justice or municipal court or a notice or a citation issued by a law enforcement officer may be created by electronic means, including:

(1) optical imaging;

(2) optical disk;

(3) digital imaging; or

(4) another electronic reproduction technique that does not permit changes, additions, or deletions to the originally created document.

(b) A justice or municipal court may use electronic means to:

(1) produce a document required by law to be written;

(2) record an instrument, paper, or notice that is permitted or required by law to be recorded or filed; or

(3) maintain a docket.

(c) Information in a docket may be processed and stored using electronic data processing equipment, at the discretion of the justice or judge.

(d) A justice or municipal court shall maintain original documents as provided by law.

(e) An electronically recorded judgment has the same force and effect as a written signed judgment.

(f) A record created by electronic means is an original record or a certification of the original record.

(g) A printed copy of an optical image of the original record printed from an optical disk system is an accurate copy of the original record.

(h) A statutory requirement that a document contain the signature of any person, including a judge, clerk of the court, or defendant, is satisfied if the document contains that signature as captured on an electronic device. (Code Crim. Proc., Arts. 45.012(a), (b), (c), (d), (e), (f), (h), 45.017(b).)

Art. 45A.052. COURT SEAL. (a) A justice or municipal court shall have a court seal.

(b) The impression of the court seal must be:

(1) attached to all papers issued out of the justice or municipal court except subpoenas; and

(2) used to authenticate the official acts of the clerk and of the recorder.

(c) A court seal may be created by electronic means, including:

(1) optical imaging;

(2) optical disk; or

(3) another electronic reproduction technique that does not permit changes, additions, or deletions to an original document created by the same type of system. (Code Crim. Proc., Art. 45.012(g).)

Art. 45A.053. DOCKET. The justice or judge of a justice or municipal court or, if directed by the justice or judge, the clerk of the court shall keep a docket containing the following information:

(1) the style and file number of each criminal action;

(2) the nature of the offense charged;

(3) the plea offered by the defendant and the date the plea was entered;

(4) the date the warrant, if any, was issued and the return made on the warrant;

(5) the date the examination or trial was held;

(6) if a trial was held, whether it was by a jury or by the justice or judge;

(7) the verdict of the jury, if any, and the date of the verdict;

(8) the judgment and sentence of the court and the date each was entered;

(9) the motion for new trial, if any, and the decision made on the motion; and

(10) whether an appeal was taken and the date of that action. (Code Crim. Proc., Art. 45.017(a).)

Art. 45A.054. FILING BY MAIL. (a) Notwithstanding any other law, for purposes of this chapter, a document is considered timely filed with the clerk of a justice or municipal court if:

(1) the document is deposited with the United States Postal Service in a first class postage prepaid envelope properly addressed to the clerk on or before the date the document is required to be filed with the clerk; and

(2) the clerk receives the document not later than the 10th day after the date the document is required to be filed with the clerk.

(b) A legible postmark affixed by the United States Postal Service is prima facie evidence of the date the document is deposited with the United States Postal Service.

(c) In this article, "day" does not include Saturday, Sunday, or a legal holiday. (Code Crim. Proc., Art. 45.013.)

Art. 45A.055. CONFIDENTIAL RECORDS RELATED TO FINE-ONLY MISDEMEANORS. (a) Except as provided by Subsections (b) and (c), following the fifth anniversary of the date of a final conviction of, or of a dismissal after deferral of disposition for, a misdemeanor offense punishable by fine only, all records and files and information stored by electronic means or otherwise, from which a record or file could be generated, that are held or stored by or for a justice or municipal court and relate to the person who was convicted of, or who received a dismissal after deferral of disposition for, the offense are confidential and may not be disclosed to the public.

(b) Records, files, and information subject to Subsection (a) may be open to inspection only:

(1) by a judge or court staff;

(2) by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code;

(3) by the Department of Public Safety;

(4) by the attorney representing the state;

(5) by the defendant or the defendant's counsel;

(6) if the offense is a traffic offense, by an insurance company or surety company authorized to write motor vehicle liability insurance in this state; or

(7) for the purpose of complying with a requirement under federal law, including a disclosure that is required as a condition of receiving federal highway funds.

(c) This article does not apply to records, files, and information described by Subsection (a) that relate to an offense that is sexual in nature, as determined by the holder of the records, files, or information. (Code Crim. Proc., Art. 45.0218.)

SUBCHAPTER C. PRETRIAL PROCEEDINGS

Art. 45A.101. COMPLAINT. (a) A complaint is sufficient, without regard to form, if the complaint substantially satisfies the following requirements:

(1) is in writing;

(2) begins with "In the name and by the authority of the State of Texas";

(3) either:

(A) states the name of the accused person; or

(B) if the name of the accused person is unknown, includes a reasonably definite description of the accused person;

(4) either:

(A) shows that the accused person has committed an offense against the law of this state; or

(B) states that the affiant has good reason to believe and does believe that the accused person has committed an offense against the law of this state;

(5) states the date the offense was committed as definitely as the affiant is able to provide;

(6) bears the signature or mark of the affiant; and

(7) concludes with the words "Against the peace and dignity of the State."

(b) If the offense charged is an offense under a municipal ordinance only, the complaint may also conclude with the words "Contrary to the said ordinance."

(c) A complaint must allege that the offense was committed:

(1) in the county in which the complaint is made, if filed in justice court; or

(2) in the territorial limits of the municipality in which the complaint is made, if filed in municipal court.

(d) A complaint may be sworn to before any officer authorized to administer oaths.

(e) A complaint in a municipal court may be sworn to before:

(1) the municipal judge;

(2) the clerk of the court or a deputy clerk;

(3) the municipal secretary; or

(4) the municipal attorney or a deputy municipal attorney.

(f) In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under Section 32.41, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney under Subsection (e) of that section.

(g) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint. The defendant may waive the right to notice granted by this subsection. (Code Crim. Proc., Arts. 45.018(b), 45.019(a), (b), (c), (d), (e), (g).)

Art. 45A.102. OBJECTION TO CHARGING INSTRUMENT. If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date the trial on the merits begins, the defendant waives and forfeits the right to object to the defect, error, or irregularity. This article does not prohibit a trial court from requiring that an objection to a charging instrument be made at an earlier time. (Code Crim. Proc., Art. 45.019(f).)

Art. 45A.103. SERVICE OF PROCESS FOR MUNICIPAL COURT. (a) All process issued by a municipal court:

(1) may be served by a peace officer or marshal of the municipality in which the court is located; and

(2) shall be served by a peace officer or marshal described by Subdivision (1) if directed by the court.

(b) Process must be served under Subsection (a) in accordance with the law governing a sheriff's or constable's service of process issued by a justice court, as applicable.

(c) A peace officer or marshal of a municipality may serve process issued by a municipal court in that municipality anywhere in the county or counties in which the municipality is located. (Code Crim. Proc., Art. 45.202.)

Art. 45A.104. ARREST WARRANT. (a) If a sworn complaint or affidavit based on probable cause has been filed before a justice or municipal court, the justice or judge may issue a warrant for the arrest of the defendant and deliver the warrant to the proper officer to be executed.

(b) A warrant is sufficient if the warrant:

(1) is issued in the name of "The State of Texas";

(2) is directed to the proper peace officer or other person specifically named in the warrant;

(3) includes a command that the defendant be taken, and brought before the authority issuing the warrant, at the time and place stated in the warrant;

(4) either:

(A) states the defendant's name; or

(B) if the defendant's name is not known, describes the defendant as provided in the complaint;

(5) states that the defendant is accused of an offense against the law of this state, naming the offense; and

(6) is signed by the justice or judge, naming the office of the justice or judge either in the body of the warrant or in connection with the signature of the justice or judge.

(c) Except as inconsistent or in conflict with this chapter, Chapter 15 applies to a warrant of arrest issued under this article.

(d) In a county with a population of more than two million that does not have a county attorney, a justice or judge may not issue a warrant under this article for an offense under Section 32.41, Penal Code, unless the district attorney has approved the complaint or affidavit on which the warrant is based.

(e) A justice or judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting, including failure to appear as required by a citation issued under Article 14.06(b), unless:

(1) the justice or judge provides by telephone or regular mail to the defendant notice that includes:

(A) a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the justice or judge;

(B) the name and address of the court with jurisdiction in the case;

(C) information regarding alternatives to the full payment of any fines or costs owed by the defendant, if the defendant is unable to pay that amount;

(D) a statement that the defendant may be entitled to a credit toward any fines or costs owed by the defendant if the defendant was confined in jail or prison after the commission of the offense for which the notice is given; and

(E) an explanation of the consequences if the defendant fails to appear before the justice or judge as required by this article; and

(2) the defendant fails to appear before the justice or judge as required by this article.

(f) A defendant who receives notice under Subsection (e) may request an alternative date or time to appear before the justice or judge if the defendant is unable to appear on the date and time included in the notice.

(g) A justice or judge shall recall an arrest warrant for the defendant's failure to appear if the defendant voluntarily appears and makes a good faith effort to resolve the arrest warrant before the warrant is executed. (Code Crim. Proc., Art. 45.014, as amended Acts 85th Leg., R.S., Ch. 1127.)

Art. 45A.105. ARREST WARRANT WITHOUT COMPLAINT. If a criminal offense that a justice of the peace has jurisdiction to try is committed within the view of the justice, the justice may issue a warrant for the arrest of the offender. (Code Crim. Proc., Art. 45.103.)

Art. 45A.106. DEFENDANT PLACED IN JAIL. If a peace officer is authorized by this title to retain a defendant in custody, the officer may place the defendant in jail in accordance with this code or other law. (Code Crim. Proc., Art. 45.015.)

Art. 45A.107. BAIL. (a) A justice or judge may require a defendant to give a personal bond to secure the defendant's appearance in accordance with this code.

(b) A justice or judge may not, either instead of or in addition to the personal bond, require a defendant to give a bail bond unless:

(1) the defendant fails to appear in accordance with this code with respect to the applicable offense; and

(2) the justice or judge determines that:

(A) the defendant has sufficient resources or income to give a bail bond; and

(B) a bail bond is necessary to secure the defendant's appearance in accordance with this code.

(c) If a defendant required to give a bail bond in accordance with Subsection (b) does not give the bail bond within 48 hours after the issuance of the applicable order, the justice or judge:

(1) shall reconsider the requirement for the defendant to give the bail bond and presume that the defendant does not have sufficient resources or income to give the bond; and

(2) may require the defendant to give a personal bond.

(d) A defendant may be held in custody if the defendant:

(1) refuses to give a personal bond; or

(2) except as provided by Subsection (c), refuses or otherwise fails to give a bail bond. (Code Crim. Proc., Art. 45.016, as amended Acts 85th Leg., R.S., Ch. 1127.)

Art. 45A.108. FELONY OFFENSE COMMITTED IN ANOTHER COUNTY. If a complaint is made before a justice of the peace that a felony has been committed in a county other than the county in which the complaint is made, the justice shall issue a warrant for the arrest of the defendant, directed as provided in other cases, commanding that the defendant be arrested and taken before a magistrate of the county in which the felony is alleged to have been committed, immediately, for examination as provided in other cases. (Code Crim. Proc., Art. 45.102.)

SUBCHAPTER D. TRIAL

Art. 45A.151. DEFENDANT'S PLEA. (a) A pleading of a defendant in a justice or municipal court may be oral or in writing as directed by the court.

(b) After a jury is impaneled, or after the defendant has waived trial by jury, the defendant may enter:

(1) a plea of guilty, not guilty, or nolo contendere; or

(2) a special plea of double jeopardy as described by Article 27.05.

(c) If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (b).

(d) If a defendant is charged with an offense involving family violence, as defined by Section 71.004, Family Code, the justice or judge must take the defendant's plea in open court. (Code Crim. Proc., Arts. 45.021, 45.0211, 45.023(a), (b).)

Art. 45A.152. DEFENDANT'S REFUSAL TO PLEAD. If a defendant refuses to plead, the justice or judge shall enter a plea of not guilty. (Code Crim. Proc., Art. 45.024.)

Art. 45A.153. PLEA OF GUILTY OR NOLO CONTENDERE GENERALLY. (a) On the entry of a plea of guilty or nolo contendere, the justice or municipal court may hear proof regarding the offense and assess the punishment.

(b) A justice or judge may not accept a plea of guilty or nolo contendere from a defendant in open court unless it appears to the justice or judge that the defendant is mentally competent and the plea is free and voluntary. (Code Crim. Proc., Arts. 45.022, 45.0241.)

Art. 45A.154. PLEA OF GUILTY OR NOLO CONTENDERE BY DEFENDANT IN JAIL. (a) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant's right to trial by jury, as appropriate:

(1) accept the defendant's plea;

(2) assess a fine, determine costs, and accept payment of the fine and costs;

(3) give the defendant credit for time served;

(4) determine whether the defendant is indigent; or

(5) discharge the defendant.

(b) Notwithstanding Article 45A.201(a), following a plea of guilty or nolo contendere entered by a defendant detained in jail, a motion for new trial must be made not later than the 10th day after the imposition of judgment and sentence. The justice or judge shall grant a motion for new trial made under this subsection. (Code Crim. Proc., Arts. 45.023(c), (d).)

Art. 45A.155. JURY WAIVER. (a) A defendant may waive a trial by jury in writing.

(b) If a defendant waives a trial by jury, the justice or judge shall hear and determine the case without a jury. (Code Crim. Proc., Art. 45.025.)

Art. 45A.156. JURY SUMMONED. (a) If a defendant does not waive a trial by jury, the justice or judge shall issue a writ commanding the proper officer to summon a venire from which six qualified persons shall be selected to serve as jurors in the case.

(b) Jurors summoned as provided by Subsection (a) shall remain in attendance, as jurors in all cases that may come up for hearing, until discharged by the justice or municipal court.

(c) A person summoned as provided by Subsection (a) who fails to attend may be fined an amount not to exceed $100 for contempt.

(d) If a sufficient number of jurors are not in attendance as a result of challenges or any other reason, the justice or judge shall order the proper officer to summon a sufficient number of qualified persons to form the jury. (Code Crim. Proc., Arts. 45.027, 45.028.)

Art. 45A.157. FAILURE TO APPEAR FOR JURY TRIAL. (a) A justice or municipal court may order a defendant who does not waive a jury trial in a justice or municipal court and who fails to appear for the trial to pay a reimbursement fee for the costs incurred for impaneling the jury.

(b) The justice or municipal court for good cause may release a defendant from the obligation to pay the reimbursement fee under this article.

(c) An order issued by a justice or municipal court under this article may be enforced by contempt as provided by Section 21.002(c), Government Code. (Code Crim. Proc., Art. 45.026.)

Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL. If an attorney representing the state is not present when the case is called for trial, the justice or judge may:

(1) postpone the trial to a specified date;

(2) appoint an attorney pro tem as provided by this code to represent the state; or

(3) proceed to trial. (Code Crim. Proc., Art. 45.031.)

Art. 45A.159. JURY SELECTION AND FORMATION. (a) In a jury trial in a justice or municipal court, the state, and each defendant in the case, is entitled to three peremptory challenges.

(b) The justice or judge shall form the jury and administer the appropriate oath in accordance with Chapter 35. (Code Crim. Proc., Arts. 45.029, 45.030.)

Art. 45A.160. DEFENDANT'S RIGHT TO ATTORNEY. The defendant has a right to appear by an attorney as in all other cases. (Code Crim. Proc., Art. 45.020(a).)

Art. 45A.161. ORDER OF ARGUMENT. The attorney representing the state may open and conclude the argument in the case. (Code Crim. Proc., Art. 45.020(b).)

Art. 45A.162. DIRECTED VERDICT. If, on the trial of a case in a justice or municipal court, the state fails to prove a prima facie case of the offense alleged in the complaint, the defendant is entitled to a directed verdict of not guilty. (Code Crim. Proc., Art. 45.032.)

Art. 45A.163. JURY CHARGE. (a) The judge shall charge the jury.

(b) The charge may be made orally or in writing, except that the charge shall be made in writing if required by other law. (Code Crim. Proc., Art. 45.033.)

Art. 45A.164. JURY KEPT TOGETHER DURING DELIBERATION. When the case is submitted to the jury, the jury shall retire in the charge of an officer and be kept together until:

(1) the jury agrees to a verdict;

(2) the jury is discharged; or

(3) the court recesses. (Code Crim. Proc., Art. 45.034.)

Art. 45A.165. MISTRIAL. (a) A justice or municipal court shall discharge a jury if the jury fails to agree to a verdict after being kept together a reasonable period.

(b) If a jury is discharged under Subsection (a), the justice or judge may impanel another jury as soon as practicable to try the case. (Code Crim. Proc., Art. 45.035.)

Art. 45A.166. VERDICT. (a) When the jury has agreed on a verdict, the jury shall bring the verdict into court.

(b) The justice or judge shall ensure that the verdict is in the proper form and impose the proper judgment and sentence on the verdict. (Code Crim. Proc., Art. 45.036.)

SUBCHAPTER E. NEW TRIAL AND APPEAL

Art. 45A.201. NEW TRIAL. (a) A motion for a new trial must be made not later than the fifth day after the imposition of judgment and sentence.

(b) Subject to Subsection (e), not later than the 10th day after the date that the judgment is entered, a justice or judge may grant the defendant a new trial for good cause shown if the justice or judge considers that justice has not been done the defendant in the trial of the case.

(c) If a motion for a new trial is not granted before the 11th day after the date that the judgment is entered, the motion is considered denied.

(d) If a new trial is granted, the justice or judge shall proceed to try the case again as soon as practicable.

(e) A defendant may be granted not more than one new trial in the same case.

(f) The state is not entitled to a new trial in any case. (Code Crim. Proc., Arts. 45.037, 45.038, 45.039, 45.040.)

Art. 45A.202. APPEAL. (a) An appeal from a justice or municipal court, including an appeal from a final judgment in a bond forfeiture proceeding, shall be heard by the county court or, if the county court has no jurisdiction over the case, the proper court in the county.

(b) A de novo trial shall be held on appeal unless the appeal is:

(1) taken from a municipal court of record; and

(2) based on error reflected in the record.

(c) An appeal may not be dismissed because of:

(1) the defendant's failure to give notice of appeal in open court; or

(2) the presence of a defect in the transcript.

(d) In an appeal from the judgment and sentence of a justice or municipal court, if the defendant is in custody, the defendant shall be committed to jail unless the defendant is released on bail.

(e) If the court that issued the judgment and sentence being appealed is in session, the court must approve the bail. (Code Crim. Proc., Arts. 45.042, 45.0425(a) (part), 45.0426(c).)

Art. 45A.203. APPEAL BOND. (a) An appeal is perfected when the appeal bond has been filed:

(1) with the justice or judge who tried the case; and

(2) not later than the 10th day after the date the judgment was entered.

(b) If an appeal bond is not timely filed, the appellate court does not have jurisdiction over the case and shall remand the case to the justice or municipal court for execution of the sentence.

(c) The amount of an appeal bond may not be less than the greater of:

(1) twice the amount of the fine and costs adjudged against the defendant; or

(2) $50.

(d) If an appeal bond otherwise meets the requirements of this code, the court, without requiring a court appearance by the defendant, shall approve the appeal bond in the amount the court notified the defendant would be approved under Article 27.14(b).

(e) An appeal bond must be made payable to the State of Texas and must:

(1) state that the defendant was convicted in the case and has appealed; and

(2) be conditioned on the defendant:

(A) making a personal appearance before the court to which the appeal is taken:

(i) immediately, if the court is in session; or

(ii) if the court is not in session, at the next regular term of the court, provided that the bond states the time and place of that session; and

(B) remaining at the court from day to day and term to term to answer in the case. (Code Crim. Proc., Arts. 45.0425(a) (part), (b), 45.0426(a), (b).)

Art. 45A.204. EFFECT OF APPEAL. All further proceedings in the case in the justice or municipal court must cease when a defendant files the appeal bond required by law with the justice or municipal court. (Code Crim. Proc., Art. 45.043.)

SUBCHAPTER F. JUDGMENT, FINES, AND COSTS

Art. 45A.251. JUDGMENT. (a) The judgment and sentence for a conviction in a criminal action before a justice or judge is that the defendant pay the amount of the fine and costs to the state.

(b) Subject to Articles 45A.253(a) and (b) and Article 45A.257, the justice or judge may direct the defendant:

(1) to pay:

(A) the entire fine and costs when the sentence is pronounced;

(B) the entire fine and costs at a later date; or

(C) a specified portion of the fine and costs at designated intervals;

(2) if applicable, to make restitution to a victim of the offense; and

(3) to satisfy any other sanction authorized by law.

(c) Restitution made under Subsection (b)(2) may not exceed $5,000 for an offense under Section 32.41, Penal Code.

(d) The justice or judge shall credit the defendant for time served in jail as provided by Article 42.03. The credit under this subsection shall be applied to the amount of the fine and costs at the rate provided by Article 45A.262.

(e) In addition to credit under Subsection (d), in imposing a fine and costs in a case involving a misdemeanor punishable by fine only, the justice or judge shall credit the defendant for any period the defendant was confined in jail or prison while serving a sentence for another offense if that confinement occurred after the commission of the misdemeanor. The credit under this subsection shall be applied to the amount of the fine and costs at the rate of not less than $150 for each day of confinement.

(f) All judgments, sentences, and final orders of the justice or judge shall be imposed in open court. (Code Crim. Proc., Arts. 45.041(a), (b), (b-1), (c), (c-1), (d).)

Art. 45A.252. SUFFICIENCY OF RESOURCES TO PAY FINES OR COSTS. (a) Notwithstanding any other provision of this article, Article 45A.251, or Article 45A.253, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.14(a) or 27.16(a), the justice or judge shall inquire whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs.

(b) If the justice or judge determines that the defendant does not have sufficient resources or income to immediately pay all or part of the fine and costs, the justice or judge shall determine whether the fine and costs should be:

(1) subject to Article 45A.253(a), required to be paid at a later date or in a specified portion at designated intervals;

(2) discharged by performing community service under, as applicable, Article 45A.254, 45A.459, or 45A.460;

(3) waived in full or in part under Article 45A.257; or

(4) satisfied through any combination of methods under Subdivision (1), (2), or (3). (Code Crim. Proc., Art. 45.041(a-1).)

Art. 45A.253. DISCHARGING FINES OR COSTS. (a) In imposing a fine and costs, the justice or judge shall allow the defendant to pay the fine and costs in specified portions at designated intervals if the justice or judge determines that the defendant is unable to immediately pay the fine and costs.

(b) A judge may allow a defendant who is a child, as defined by Article 45A.453(a), to elect at the time of conviction, as defined by Section 133.101, Local Government Code, to discharge the fine and costs by:

(1) performing community service or receiving tutoring under Article 45A.460, regardless of whether the applicable offense occurred at a location specified by Subsection (a) of that article; or

(2) paying the fine and costs in a manner described by Article 45A.251(b).

(c) The defendant must make the election under Subsection (b) in writing. The defendant and, if present, the defendant's parent, guardian, or managing conservator must sign the election. The court shall maintain the written election as a record of the court and provide a copy to the defendant.

(d) Notwithstanding Article 45A.252 or any other provision of this chapter, in imposing a fine and costs, the justice or judge may not require a defendant who is under the conservatorship of the Department of Family and Protective Services or in extended foster care as provided by Subchapter G, Chapter 263, Family Code, to pay any amount of the fine and costs. In lieu of the payment of fine and costs, the justice or judge may require the defendant to perform community service as provided by Article 45A.254, 45A.459, or 45A.460, as appropriate. (Code Crim. Proc., Arts. 45.041(b-2), (b-3), (b-4), (b-5), (b-6).)

Art. 45A.254. COMMUNITY SERVICE TO SATISFY FINES OR COSTS. (a) A justice or judge may require a defendant who fails to pay a previously assessed fine or cost, or who is determined by the court to have insufficient resources or income to pay a fine or cost, to discharge all or part of the fine or cost by performing community service.

(b) An order requiring a defendant to perform community service under this article must specify:

(1) the number of hours of community service the defendant is required to perform; and

(2) the date by which the defendant must submit to the court documentation verifying that the defendant completed the community service.

(c) The justice or judge may order the defendant to perform community service under this article:

(1) by attending:

(A) a work and job skills training program;

(B) a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code;

(C) an alcohol or drug abuse program;

(D) a rehabilitation program;

(E) a counseling program, including a self-improvement program;

(F) a mentoring program; or

(G) any similar activity; or

(2) for:

(A) a governmental entity;

(B) a nonprofit organization or another organization that provides to the general public services that enhance social welfare and the general well-being of the community, as determined by the justice or judge; or

(C) an educational institution.

(d) A justice or judge may not order a defendant to perform more than 16 hours each week of community service under this article unless the justice or judge determines that requiring the defendant to perform additional hours does not impose an undue hardship on the defendant or the defendant's dependents.

(e) A defendant is considered to have discharged not less than $100 of fines or costs for each eight hours of community service performed under this article.

(f) A defendant may discharge an obligation to perform community service under this article by paying at any time the fine and costs assessed.

(g) A community supervision and corrections department or a court-related services office may provide the administrative and other services necessary to supervise a defendant required to perform community service under this article.

(h) An entity that accepts a defendant to perform community service under this article must agree to:

(1) supervise, either on-site or remotely, the defendant in the performance of the defendant's community service; and

(2) report on the defendant's community service to the justice or judge who ordered the service.

(i) A sheriff, employee of a sheriff's department, county commissioner, county employee, county judge, justice of the peace, municipal court judge, or officer or employee of a political subdivision other than a county or an entity that accepts a defendant to perform community service under this article is not liable for damages arising from an act or failure to act in connection with the community service if the act or failure to act:

(1) was performed pursuant to court order; and

(2) was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others. (Code Crim. Proc., Arts. 45.049(a), (b), (c), (c-1), (d), (e), (f), (i).)

Art. 45A.255. COMMUNITY SERVICE IN CERTAIN CASES INVOLVING DEFERRED DISPOSITION. (a) This article applies only to a defendant who is a resident of this state and who is charged with:

(1) a traffic offense; or

(2) an offense under Section 106.05, Alcoholic