(a) Notwithstanding any other law, for purposes of this chapter, a document is considered timely filed with the clerk of a justice or municipal 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.

Terms Used In Texas Code of Criminal Procedure 45A.054

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(c) In this article, “day” does not include Saturday, Sunday, or a legal holiday.


Text of article effective on January 01, 2025