Tex.
Code of Crim. Proc. Article 14.06
Must Take Offender Before Magistrate
(a)
Except as otherwise provided by this article, in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 (Duties of Arresting Officer and Magistrate) of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 (Duties of Arresting Officer and Magistrate) of this Code.(b)
A peace officer who is charging a person, including a child, with committing an offense that is a Class C misdemeanor, other than an offense under Section 49.02 (Public Intoxication), Penal Code, may, instead of taking the person before a magistrate, issue a citation to the person that contains:(1)
written notice of the time and place the person must appear before a magistrate;(2)
the name and address of the person charged;(3)
the offense charged;(4)
information regarding the alternatives to the full payment of any fine or costs assessed against the person, if the person is convicted of the offense and is unable to pay that amount; and(5)
the following admonishment, in boldfaced or underlined type or in capital letters:(c)
If the person resides in the county where the offense occurred, a peace officer who is charging a person with committing an offense that is a Class A or B misdemeanor may, instead of taking the person before a magistrate, issue a citation to the person that contains written notice of the time and place the person must appear before a magistrate of this state as described by Subsection (a), the name and address of the person charged, and the offense charged.(d)
Subsection (c) applies only to a person charged with committing an offense under:(1)
Section 481.121 (Offense: Possession of Marihuana), Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;(1-a)
Section 481.1161, Health and Safety Code, if the offense is punishable under Subsection (b)(1) or (2) of that section;(2)
Section 28.03 (Criminal Mischief), Penal Code, if the offense is punishable under Subsection (b)(2) of that section;(3)
Section 28.08 (Graffiti), Penal Code, if the offense is punishable under Subsection (b)(2) or (3) of that section;(4)
Section 31.03 (Theft), Penal Code, if the offense is punishable under Subsection (e)(2)(A) of that section;(5)
Section 31.04 (Theft of Service), Penal Code, if the offense is punishable under Subsection (e)(2) of that section;(5-a)
Section 37.10 (Tampering with Governmental Record), Penal Code, if the offense is for tampering with a temporary tag issued under Chapter 502 (Registration of Vehicles) or 503 (Dealer’s and Manufacturer’s Vehicle License Plates), Transportation Code;(6)
Section 38.114 (Contraband in Correctional Facility), Penal Code, if the offense is punishable as a Class B misdemeanor; or(7)
Section 521.457 (Driving While License Invalid), Transportation Code.
Source:
Article 14.06 — Must Take Offender Before Magistrate, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm#14.06 (accessed Jun. 5, 2024).
