Tex.
Code of Crim. Proc. Article 45A.452
Plea; Appearance by Defendant and Parent
(a)
This article applies to a defendant who has not had the disabilities of minority removed and has been:(1)
charged with an offense other than an offense under Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code, if the defendant is younger than 17 years of age; or(2)
charged with an offense under Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code, if the defendant is younger than 18 years of age.(b)
The judge or justice shall:(1)
take the defendant’s plea in open court; and(2)
issue a summons to compel the defendant’s parent, guardian, or managing conservator to be present during:(A)
the taking of the defendant’s plea; and(B)
all other proceedings relating to the case.(c)
If the court is unable to secure the appearance of the defendant’s parent, guardian, or managing conservator by issuing a summons, the court may, without the defendant’s parent, guardian, or managing conservator present, take the defendant’s plea and proceed against the defendant.(d)
If the defendant resides in a county other than the county in which the alleged offense occurred, the defendant may, with approval of the judge of the court of original jurisdiction, enter a plea, including a plea under Article 45A.401 (Dismissal of Misdemeanor Charge on Completion of Teen Court Program), before a judge in the county in which the defendant resides.(e)
A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at a hearing with the defendant. The summons must include a warning that the failure of the parent to appear is a Class C misdemeanor and may result in arrest.
Source:
Article 45A.452 — Plea; Appearance by Defendant and Parent, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45A.htm#45A.452 (accessed Jun. 5, 2024).
