Tex.
Educ. Code Section 37.146
Requisites of Complaint
(a)
A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, Code of Criminal Procedure:(1)
be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and(2)
be accompanied by a statement from a school employee stating:(A)
whether the child is eligible for or receives special services under Subchapter A, Chapter 29 (Continuance); and(B)
the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.(b)
After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 (In Misdemeanor Case) and 45.057(e), Code of Criminal Procedure.(c)
A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45.052 (Dismissal of Misdemeanor Charge on Completion of Teen Court Program), Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.(1)
be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and(2)
be accompanied by a statement from a school employee stating:(A)
whether the child is eligible for or receives special services under Subchapter A, Chapter 29 (Continuance); and(B)
the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.(b)
After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 (In Misdemeanor Case) and 45A.457 (Finding that Offense Committed)(e), Code of Criminal Procedure.(c)
A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401 (Dismissal of Misdemeanor Charge on Completion of Teen Court Program), Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
Source:
Section 37.146 — Requisites of Complaint, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm#37.146
(accessed Jun. 5, 2024).