(a) If a person is referred to the attorney representing the state under § 841.023, the attorney may file a petition alleging that the person is a sexually violent predator and stating facts sufficient to support the allegation.
(b) A petition described by Subsection (a) must be:
(1) filed in a district court in the county of the person’s most recent conviction for a sexually violent offense;
(2) filed not later than the 90th day after the date the person is referred to the attorney representing the state; and
(3) served on the person as soon as practicable after the date the petition is filed.

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Terms Used In Texas Health and Safety Code 841.041

  • Allegation: something that someone says happened.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

(c) To the extent feasible, in filing the petition in a district court described by Subsection (b)(1), the attorney representing the state shall give preference to filing the petition in the applicable court of conviction.