(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.

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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