(a) In this article, “child” means a person who is:
(1) at least 10 years of age and younger than 17 years of age; and
(2) charged with or convicted of an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.
(b) A child may be released to the child’s parent, guardian, custodian, or other responsible adult as provided by § 52.02(a)(1), Family Code, if the child is taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14.

(c) A child described by Subsection (b) must be taken only to a place previously designated by the head of the law enforcement agency with custody of the child as an appropriate place of nonsecure custody for children unless the child:
(1) is released under § 52.02(a)(1), Family Code; or
(2) is taken before a justice or municipal court.
(d) A place of nonsecure custody for children must be an unlocked, multipurpose area, such as:
(1) a lobby, office, or interrogation room, if the area is not designated, set aside, or used as a secure detention area and is not part of a secure detention area; or
(2) a juvenile processing office designated under § 52.025, Family Code, if the area is not locked when the area is used as a place of nonsecure custody.
(e) The following procedures shall be followed in a place of nonsecure custody for children:
(1) a child may not be secured physically to a cuffing rail, chair, desk, or other stationary object;
(2) a child may be held in the nonsecure facility only for the period necessary to complete:
(A) identification;
(B) investigation;
(C) processing;
(D) release to a parent, guardian, custodian, or other responsible adult; or
(E) the arranging of transportation to the appropriate juvenile court, juvenile detention facility, secure detention facility, justice court, or municipal court;
(3) residential use of the area is prohibited; and
(4) a law enforcement officer or facility staff person shall provide continuous visual supervision of a child while the child is in nonsecure custody.
(f) Notwithstanding any other provision of this article, a child may not be detained in a place of nonsecure custody for a period of more than six hours.
(g) A child taken into custody for an offense that a justice or municipal court has jurisdiction of under Article 4.11 or 4.14 may be presented or detained in a detention facility designated by the juvenile board under § 52.02(a)(3), Family Code, only if:
(1) the child’s case is transferred to the juvenile court by a justice or municipal court under § 51.08(b), Family Code; or
(2) the child is referred to the juvenile court by a justice or municipal court for contempt of court under Article 45A.461.
(h) Except as provided by Subsection (i) and § 37.143(a), Education Code, for a traffic offense or an offense punishable by fine only, a law enforcement officer may issue a citation as provided by Article 14.06 instead of taking a child into custody.
(i) A law enforcement officer may issue a citation as provided by Article 14.06 instead of taking a child into custody for conduct constituting a violation of § 49.02, Penal Code, only if the officer releases the child to the child’s parent, guardian, custodian, or other responsible adult.

Text of article effective on January 01, 2025