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Texas Government Code - GOV'T § 30.00049. Complaint; Prosecution; Pleading

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A proceeding in a municipal court of record commences with a complaint. The complaint must begin “In the name and by the authority of the State of Texas” and must conclude “Against the peace and dignity of the State.” If the offense is only covered by an ordinance, it may also conclude “Contrary to the said ordinance.”

(b) A complaint before the court may be sworn to before an officer authorized to administer oaths or before the municipal judge, clerk, city secretary, or city attorney, or the assistant or deputy of the judge, clerk, city secretary, or city attorney, each of whom may administer oaths for that purpose.

(c) A complaint must be in writing and must state:

(1) the name of the accused, if known;

(2) an accurate description of the accused, if the name is unknown;

(3) in plain and intelligible words, the offense with which the accused is charged;

(4) the place where the offense was committed, which must appear to be within the jurisdiction of the court; and

(5) the date on which the offense was committed, which must show that the offense is not barred by limitations.

(d) A prosecution in a court shall be conducted by the city attorney or an assistant or deputy city attorney.

(e) All pleadings must be in writing and must be filed with the clerk.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 30.00049. Complaint; Prosecution; Pleading - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-30-00049/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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