Tex.
Code of Crim. Proc. Article 45.013
Filing with Clerk by Mail
(a)
Notwithstanding any other law, for the purposes of this chapter a document is considered timely filed with the clerk of a 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.(a)
When a sworn complaint or affidavit based on probable cause has been filed before the justice or municipal court, the justice or judge may issue a warrant for the arrest of the accused and deliver the same to the proper officer to be executed.(b)
The warrant is sufficient if:(1)
it is issued in the name of “The State of Texas”;(2)
it is directed to the proper peace officer or some other person specifically named in the warrant;(3)
it includes a command that the body of the accused be taken, and brought before the authority issuing the warrant, at the time and place stated in the warrant;(4)
it states the name of the person whose arrest is ordered, if known, or if not known, it describes the person as in the complaint;(5)
it states that the person is accused of some offense against the laws of this state, naming the offense; and(6)
it is signed by the justice or judge, naming the office of the justice or judge in the body of the warrant or in connection with the signature of the justice or judge.(c)
Chapter 15 (Arrest Under Warrant) applies to a warrant of arrest issued under this article, except as inconsistent or in conflict with this chapter.(d)
In a county with a population of more than 2.5 million that does not have a county attorney, a justice or judge may not issue a warrant under this section for an offense under Section 32.41 (Issuance of Bad Check or Similar Sight Order), 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 (Must Take Offender Before Magistrate)(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 fine 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 fine 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, before the arrest warrant is executed:(1)
the defendant voluntarily appears to resolve the arrest warrant; and(2)
the arrest warrant is resolved in any manner authorized by this code.(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.
Source:
Article 45.013 — Filing with Clerk by Mail, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.013 (accessed Apr. 20, 2024).
