Tex.
Code of Crim. Proc. Article 45.018
Complaint
(a)
For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense.(b)
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.(a)
A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:(1)
it must be in writing;(2)
it must commence “In the name and by the authority of the State of Texas”;(3)
it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;(4)
it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;(5)
it must state the date the offense was committed as definitely as the affiant is able to provide;(6)
it must bear the signature or mark of the affiant; and(7)
it must conclude with the words “Against the peace and dignity of the State” and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words “Contrary to the said ordinance”.(b)
A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made.(c)
A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.(d)
A complaint may be sworn to before any officer authorized to administer oaths.(e)
A complaint in municipal court may be sworn to before:(1)
the municipal judge;(2)
the clerk of the court or a deputy clerk;(3)
the city secretary; or(4)
the city attorney or a deputy city attorney.(f)
If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time.(g)
In a county with a population of more than 2.5 million that does not have a county attorney, a complaint for an offense under Section 32.41 (Issuance of Bad Check or Similar Sight Order), Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney under Section 32.41 (Issuance of Bad Check or Similar Sight Order)(e), Penal Code.
Source:
Article 45.018 — Complaint, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.018 (accessed Apr. 20, 2024).
