Texas Code of Criminal Procedure 45A.101 – Complaint
(a) A complaint is sufficient, without regard to form, if the complaint substantially satisfies the following requirements:
(1) is in writing;
(2) begins with “In the name and by the authority of the State of Texas”;
(3) either:
(A) states the name of the accused person; or
(B) if the name of the accused person is unknown, includes a reasonably definite description of the accused person;
(4) either:
(A) shows that the accused person has committed an offense against the law of this state; or
(B) states that the affiant has good reason to believe and does believe that the accused person has committed an offense against the law of this state;
(5) states the date the offense was committed as definitely as the affiant is able to provide;
(6) bears the signature or mark of the affiant; and
(7) concludes with the words “Against the peace and dignity of the State.”
(b) If the offense charged is an offense under a municipal ordinance only, the complaint may also conclude with the words “Contrary to the said ordinance.”
Terms Used In Texas Code of Criminal Procedure 45A.101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) A complaint must allege that the offense was committed:
(1) in the county in which the complaint is made, if filed in justice court; or
(2) in the territorial limits of the municipality in which the complaint is made, if filed in municipal court.
(d) A complaint may be sworn to before any officer authorized to administer oaths.
(e) A complaint in a municipal court may be sworn to before:
(1) the municipal judge;
(2) the clerk of the court or a deputy clerk;
(3) the municipal secretary; or
(4) the municipal attorney or a deputy municipal attorney.
(f) In a county with a population of more than two million that does not have a county attorney, a complaint for an offense under § 32.41, Penal Code, must be approved by the district attorney, regardless of whether a collection proceeding is initiated by the district attorney under Subsection (e) of that section.
(g) 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.
Text of article effective on January 01, 2025