Tex.
Code of Crim. Proc. Article 45.031
Counsel for State Not Present
(a)
If the state is not represented by counsel when the case is called for trial, the justice or judge may:(1)
postpone the trial to a date certain;(2)
appoint any competent attorney as an attorney pro tem to represent the state, notwithstanding Article 2.07; or(3)
proceed to trial.(b)
An attorney appointed under Subsection (a) is qualified to perform the duties of the office of the attorney representing the state and may be paid a reasonable fee for performing those duties.(a-2)
In a case involving a child who is eligible for diversion under Article 45.304 (Diversion Eligibility) that results in a trial, if the court determines that the evidence presented in a bench trial would support a finding of guilt, or if a jury returns a verdict of guilty, the court shall provide the child and the child’s parents the opportunity to accept placement in diversion, under Article 45.310 (Diversion by Justice or Judge), instead of entering an adjudication of guilt. If the child and the child’s parents accept the opportunity for placement in diversion under Article 45.310 (Diversion by Justice or Judge), the court shall place the child in diversion. If the child and the child’s parents decline the opportunity for placement in diversion under Article 45.310 (Diversion by Justice or Judge), the court shall find the child guilty and proceed to sentencing.(b-3)
If a diversion is not required under Subchapter E or Subsection (a-2), a judge shall allow a defendant who is a child, as defined by Article 45.058(h), to elect at the time of conviction, as defined by Section 133.101 (Meaning of Conviction), Local Government Code, to discharge the fine and costs by:(1)
performing community service or receiving tutoring under Article 45.049; or(2)
paying the fine and costs in a manner described by Subsection (b).(c)
This article does not limit the authority of a court to order a child taken into custody under Article 45.058.(f)
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 under this article or Subchapter E to perform community service is not liable for damages arising from an act or failure to act in connection with community service performed by a defendant under this article or Subchapter E 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.(i)
A community supervision and corrections department, a local juvenile probation department, or a court-related services office may provide the administrative and other services necessary for supervision of a defendant required to perform community service under this article.(b)
During the deferral period, the judge may require the defendant to:(1)
post a bond in the amount of the fine assessed as punishment for the offense to secure payment of the fine;(2)
pay restitution to the victim of the offense in an amount not to exceed the fine assessed as punishment for the offense;(3)
submit to professional counseling;(4)
submit to diagnostic testing for alcohol or a controlled substance or drug;(5)
submit to a psychosocial assessment;(6)
successfully complete an alcohol awareness or substance misuse treatment or education program, such as:(A)
a substance misuse education program that is designed to educate persons on the dangers of substance misuse in accordance with Section 521.374 (Educational Program or Equivalent Education)(a)(1), Transportation Code, and that is regulated by the Texas Department of Licensing and Regulation under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code; or(B)
an alcohol awareness program described by Section 106.115 (Alcohol Awareness Program; License Suspension), Alcoholic Beverage Code, that is regulated by the Texas Department of Licensing and Regulation under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code;(7)
pay as reimbursement fees the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs;(8)
complete a driving safety course approved under Chapter 1001 (Driver and Traffic Safety Education), Education Code, or another course as directed by the judge;(9)
present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this article; and(10)
comply with any other reasonable condition.(g)
If a judge requires a defendant under Subsection (b) to successfully complete an alcohol awareness program or substance misuse education program as described by Subdivision (6) of that subsection, unless the judge determines that the defendant is indigent and unable to pay the cost, the judge shall require the defendant to pay a reimbursement fee for the cost of the program. The judge may allow the defendant to pay the fee in installments during the deferral period.(a)
Subject to Subsection (b) and notwithstanding any other law, a county, justice, or municipal court, at the court’s discretion, may dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093 (Parent Contributing to Nonattendance), Education Code, if the court finds that a dismissal would be in the interest of justice because:(1)
there is a low likelihood of recidivism by the defendant; or(2)
sufficient justification exists for the failure to attend school.(b)
Notwithstanding any other law, a county, justice, or municipal court shall dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093 (Parent Contributing to Nonattendance), Education Code, if the parent completes the terms of an agreement entered into by the parent and the school district at which the parent’s child attends under Section 25.094 (Agreement for Dismissal of Parent Contributing to Nonattendance Charge), Education Code, within the period required by Subsection (b) of that section. If agreed to by the school district that is a party to the agreement, the court may extend the period under Section 25.094 (Agreement for Dismissal of Parent Contributing to Nonattendance Charge)(b), Education Code, during which a parent may fulfill the terms of the agreement.
Source:
Article 45.031 — Counsel for State Not Present, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.031 (accessed May 26, 2025).
