Texas Code of Criminal Procedure 2A.107 – Recording and Filing Complaints
(a) If a complaint is made before a district or county attorney that an offense has been committed in the attorney’s district or county, as applicable, the attorney shall:
(1) reduce the complaint to writing;
(2) cause the complaint to be signed and sworn to by the complainant;
(3) attest the complaint; and
(4) as applicable:
(A) if the offense is a misdemeanor and except as provided by Subsection (b), immediately prepare an information based on the complaint and file the information in the court having jurisdiction; or
(B) if the offense is a felony, immediately file the complaint with a magistrate of the county.
(b) In a county that does not have a county attorney or a criminal district court, a misdemeanor case may be tried based on complaint alone without an information.
Terms Used In Texas Code of Criminal Procedure 2A.107
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
(c) For purposes of fulfilling the duties under this article, a district or county attorney may administer oaths.
Text of article effective on January 01, 2025