(a) In this article, “child” has the meaning assigned by Article 45A.453(a).
(b) If a law enforcement officer issues a citation or files a complaint in the manner provided by Article 45A.101(g) for conduct by a child 12 years of age or older that is alleged to have occurred on school property of or on a vehicle owned or operated by a county or independent school district, the officer shall submit to the court:
(1) the offense report;
(2) a statement by a witness to the alleged conduct; and
(3) a statement by a victim of the alleged conduct, if any.

Terms Used In Texas Code of Criminal Procedure 45A.454

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(c) An attorney representing the state may not proceed in a trial of an offense unless the law enforcement officer has complied with the requirements of Subsection (b).
(d) Notwithstanding Article 45A.453(h) or (i), a law enforcement officer may not issue a citation or file a complaint in the manner provided by Article 45A.101(g) for conduct by a child younger than 12 years of age that is alleged to have occurred on school property of or on a vehicle owned or operated by a county or independent school district.


Text of article effective on January 01, 2025

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