HB 1620

relating to nonsubstantive additions to, revisions of, and
corrections in enacted codes, to the nonsubstantive codification or
disposition of various laws omitted from enacted codes, and to
conforming codifications enacted by the 88th Legislature to other
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.001.  This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code.  This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1)  codifying without substantive change or providing
for other appropriate disposition of various statutes that were
(2)  conforming codifications enacted by the 88th
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3)  revising without substantive change provisions in
(4)  making necessary corrections to enacted codes; and
(5)  renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
SECTION 1.002.  (a)  The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 89th Legislature, Regular Session, 2025.  The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
(b)  If any provision of this Act conflicts with a statute
enacted by the 89th Legislature, Regular Session, 2025, the statute
SECTION 1.003.  (a)  A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b)  The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
(c)  In this section, "transition provision" includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
SECTION 1.004.  (a)  The repeal of a law, including a
validating law, by this Act does not remove, void, or otherwise
affect in any manner a validation under the repealed law.  The
validation is preserved and continues to have the same effect that
it would have if the law were not repealed.
(b)  Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE
SECTION 2.001.  Section 251.002(1), Agriculture Code, as
amended by Chapters 135 (H.B. 2308), 319 (H.B. 1750), 586 (H.B.
2947), and 711 (H.B. 2271), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
(1)  "Agricultural operation" includes the following
(B)  producing crops or growing vegetation for
human food, animal feed, livestock forage, forage for wildlife
management, planting seed, or fiber;
(H)  raising or keeping livestock or poultry,
(I)  planting cover crops or leaving land idle for
the purpose of participating in any governmental program or normal
crop or livestock rotation procedure; [and]
(J)  the commercial sale of animals, as defined by
Section 252.001 of this code; and
ARTICLE 3.  CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 3.001.  Section 109.005(a), Business & Commerce
Code, is amended to correct a reference to read as follows:
(a)  A business entity may not publish any criminal record
information in the business entity's possession with respect to
which the business entity has knowledge or has received notice
(1)  an order of expunction has been issued under
Subchapter E or F, Chapter 55A [Article 55A.201], Code of Criminal
(2)  an order of nondisclosure of criminal history
record information has been issued under Subchapter E-1, Chapter
ARTICLE 4.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 4.001.  Section 14A.001(1), Civil Practice and
Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th
Legislature, Regular Session, 2023, is repealed as duplicative of
Section 14A.001(1), Civil Practice and Remedies Code, as added by
Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular
SECTION 4.002.  Section 14A.054(f), Civil Practice and
Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th
Legislature, Regular Session, 2023, is repealed as duplicative of
Section 14A.054(f), Civil Practice and Remedies Code, as added by
Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular
SECTION 4.003.  Section 78B.001(1), Civil Practice and
Remedies Code, is amended to conform to Chapter 765 (H.B. 4504),
Acts of the 88th Legislature, Regular Session, 2023, to read as
(1)  "First responder" means a law enforcement, fire
protection, or emergency medical services employee, volunteer, or
(A)  a peace officer, as defined by Article 2A.001
[2.12], Code of Criminal Procedure;
(B)  fire protection personnel, as defined by
Section 419.021, Government Code;
(C)  a volunteer firefighter who is:
(i)  certified by the Texas Commission on
Fire Protection or by the State Firefighters' and Fire Marshals'
(ii)  a member of an organized volunteer
firefighting unit that provides firefighting services without
compensation and conducts a minimum of two drills each month, each
(D)  an individual certified as emergency medical
services personnel by the Department of State Health Services; and
(E)  an agency of this state or a political
subdivision of this state authorized by law to employ or supervise
personnel described by Paragraphs (A)-(D).
SECTION 4.004.  Section 82.009(a), Civil Practice and
Remedies Code, is amended to conform to Chapter 709 (H.B. 2190),
Acts of the 88th Legislature, Regular Session, 2023, to read as
(a)  In this section, "retrofit" means to install new
equipment or component parts that were not included in a motor
vehicle when the vehicle was manufactured or sold.  The term does
(A)  as a result of wear and tear; or
(B)  required by damage resulting from a collision
ARTICLE 5.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 5.001.  (a)  Article 2A.001, Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 624 (H.B.
4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950
(S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the
88th Legislature, Regular Session, 2023, to read as follows:
Art. 2A.001.  PEACE OFFICERS GENERALLY.  The following are
(1)  a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2)  a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3)  a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4)  a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5)  an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6)  a law enforcement agent of the Texas Alcoholic
(7)  a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8)  an officer commissioned under Section 37.081 or
37.0818, Education Code, or Subchapter E, Chapter 51, Education
(9)  an officer commissioned by the Texas Facilities
(10)  a law enforcement officer commissioned by the
(11)  an officer commissioned under Chapter 23,
(12)  a municipal park and recreational patrol officer
(13)  a security officer or investigator commissioned
as a peace officer by the comptroller;
(14)  an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15)  an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16)  an investigator commissioned by the Texas Medical
(17)  an officer commissioned by:
(A)  the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B)  the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
(C)  the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D)  the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18)  a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19)  an investigator employed by the Texas Racing
(20)  an officer commissioned under Chapter 554,
(21)  an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22)  an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23)  a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24)  an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25)  an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26)  an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27)  an officer appointed by the inspector general of
[apprehension specialist or inspector general commissioned by] the
Texas Juvenile Justice Department [as an officer] under Section
242.102 [or 243.052], Human Resources Code;
(28)  an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
(29)  an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
(30)  a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31)  a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32)  a fire marshal or any officer, inspector, or
investigator of a municipality who holds a permanent peace officer
license issued under Chapter 1701, Occupations Code;
(33)  an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(34) [(33)]  an Alamo complex ranger commissioned by
the General Land Office under Section 31.0515, Natural Resources
Code, subject to the limitations imposed by that section
[investigator commissioned by the Texas Juvenile Justice
Department as an officer under Section 221.011, Human Resources
(b)  Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter
870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1,
Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular
Session, 2023, which amended Article 2.12, Code of Criminal
SECTION 5.002.  (a)  Article 2A.002, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 196 (S.B.
602), Acts of the 88th Legislature, Regular Session, 2023, by
adding Subsection (c-1) to read as follows:
(c-1)  In addition to the power granted under Subsection (c),
a border patrol agent of the United States Customs and Border
Protection who completed the training program described by Section
411.02093, Government Code, has the powers of arrest and search and
seizure as to any felony offense under the laws of this state if the
(1)  occurs on the premises of a port facility
designated by the commissioner of the United States Customs and
Border Protection as a port of entry or at a border patrol traffic
(2)  is incident to a detainment under federal law.
(b)  Section 1, Chapter 196 (S.B. 602), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.122,
Code of Criminal Procedure, is repealed.
SECTION 5.003.  (a)  Article 2A.051, Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 729 (H.B.
2660), and Section 1, Chapter 979 (S.B. 2429), Acts of the 88th
Legislature, Regular Session, 2023, to read as follows:
Art. 2A.051.  GENERAL POWERS AND DUTIES OF PEACE OFFICERS.
(1)  preserve the peace within the officer's
jurisdiction using all lawful means;
(2)  in every case authorized by this code, interfere
without a warrant to prevent or suppress crime;
(3)  execute all lawful process issued to the officer
(4)  give notice to an appropriate magistrate of all
offenses committed in the officer's jurisdiction, where the officer
has good reason to believe there has been a violation of the penal
(5)  when authorized by law, arrest an offender without
a warrant so the offender may be taken before the proper magistrate
(6)  take possession of a child under Article
(7)  on a request made by the Texas Civil Commitment
Office, execute an emergency detention order issued by that office
under Section 841.0837, Health and Safety Code.
(b)  Section 2, Chapter 729 (H.B. 2660), and Section 1,
Chapter 979 (S.B. 2429), Acts of the 88th Legislature, Regular
Session, 2023, which amended Article 2.13(c), Code of Criminal
SECTION 5.004.  Article 2.1398, Code of Criminal Procedure,
as added by Section 3, Chapter 24 (S.B. 1325), Acts of the 88th
Legislature, Regular Session, 2023, is transferred to Subchapter B,
Chapter 2A, Code of Criminal Procedure, and redesignated as Article
2A.0585, Code of Criminal Procedure.
SECTION 5.005.  (a)  Article 2A.151, Code of Criminal
Procedure, is amended to conform to Section 4.001, Chapter 861
(H.B. 3474), Acts of the 88th Legislature, Regular Session, 2023,
Art. 2A.151.  TYPES OF MAGISTRATES.  The following officers
are magistrates for purposes of this code:
(1)  a justice of the supreme court;
(2)  a judge of the court of criminal appeals;
(3)  a justice of the courts of appeals;
(4)  a judge of a district court;
(5)  an associate judge appointed by:
(A)  a judge of a district court or a statutory
county court that gives preference to criminal cases in Jefferson
(B)  a judge of a district court or a statutory
county court of Brazos County, Nueces County, or Williamson County;
(C)  a judge of a district court under Chapter
(6)  a criminal magistrate appointed by:
(A)  the Brazoria County Commissioners Court; or
(B)  the Burnet County Commissioners Court;
(7)  a criminal law hearing officer for:
(A)  Harris County appointed under Subchapter L,
Chapter 54, Government Code; or
(B)  Cameron County appointed under Subchapter
BB, Chapter 54, Government Code;
(A)  by a judge of a district court of Bexar
County, Dallas County, or Tarrant County that gives preference to
(B)  by a judge of a criminal district court of
Dallas County or Tarrant County;
(C)  by a judge of a district court or statutory
county court of Denton or Grayson County;
(D)  by a judge of a district court or statutory
county court that gives preference to criminal cases in Travis
(E) [(D)]  by the El Paso Council of Judges;
(F) [(E)]  by the Fort Bend County Commissioners
(G) [(F)]  by the Collin County Commissioners
(H) [(G)]  under Subchapter JJ, Chapter 54,
(9)  a magistrate or associate judge appointed by a
judge of a district court of Lubbock County, Nolan County, or Webb
(B)  a county criminal court; or
(C)  a statutory probate court;
(12)  an associate judge appointed by a judge of a
statutory probate court under Chapter 54A, Government Code;
(13)  a justice of the peace; and
(14)  a mayor or recorder of a municipality or a judge
(b)  Section 4.001, Chapter 861 (H.B. 3474), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.09,
Code of Criminal Procedure, is repealed.
SECTION 5.006.  Article 2.101, Code of Criminal Procedure,
as added by Section 1, Chapter 421 (H.B. 1712), Acts of the 88th
Legislature, Regular Session, 2023, is transferred to Subchapter D,
Chapter 2A, Code of Criminal Procedure, and redesignated as Article
2A.1521, Code of Criminal Procedure.
SECTION 5.007.  (a)  Article 2A.155(d), Code of Criminal
Procedure, is amended to conform to Section 7, Chapter 644 (H.B.
4559), Acts of the 88th Legislature, Regular Session, 2023, to read
(d)  Before a clerk in a county with a population of less than
2.5 [two] million disposes of an eligible exhibit, the clerk must
provide written notice by mail to the attorney representing the
state in the case and the attorney representing the defendant.  The
(2)  include the name and address of the court holding
(3)  state that the exhibit will be disposed of unless a
written request is received by the clerk before the 31st day after
(b)  Section 7, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.21(g),
Code of Criminal Procedure, is repealed.
SECTION 5.008.  (a)  Article 2A.205, Code of Criminal
Procedure, is amended to conform to Section 4.01, Chapter 93 (S.B.
1527), Acts of the 88th Legislature, Regular Session, 2023, to read
Art. 2A.205.  CERTAIN LAW ENFORCEMENT AGENCIES: REPORT
CONCERNING HUMAN TRAFFICKING CASES.  (a)  This article applies only
(1)  a municipal police department, sheriff's
department, or constable's office[, county attorney's office,
district attorney's office, and criminal district attorney's
office, as applicable,] in a county with a population of more than
(2)  the Department of Public Safety.
(b)  An entity to which this article applies that
investigates the alleged commission of an offense under Chapter
20A, Penal Code, or the alleged commission of an offense under
Chapter 43, Penal Code, that may involve human trafficking, shall
submit to the attorney general [a report] in the manner and form
prescribed by the attorney general a report containing the
(1)  the offense being investigated, including the
offense code designated by the Department of Public Safety under
Article 66.052  [a brief description of the alleged prohibited
(2)  regarding each person suspected of committing the
offense [and each victim of the offense, as applicable]:
(iii)  race or ethnicity, as defined by
(iv)  country of origin, if the person is not
a United States citizen or legal permanent resident;
(vi)  age at the time of the offense, if
(B)  the case number associated with the person
and the offense [and with the person suspected of committing the
(3)  the date[, time,] and location of the alleged
offense, including the city and county;
(4)  [the type of human trafficking involved,
[(A)  forced labor or services, as defined by
[(B)  causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
[(C)  causing a child victim by any means to
engage in, or become the victim of, prohibited conduct involving
one or more sexual activities, including conduct described by
Section 20A.02(a)(7), Penal Code;
[(5)  if available, information regarding any victims'
service organization or program to which the victim was referred as
[(6)]  the disposition of the investigation, if any,
regardless of the manner of disposition; and
(5)  regarding the victim of the offense:
(iii)  race or ethnicity, as defined by
(iv)  country of origin, if the victim is not
a United States citizen or legal permanent resident; and
(B)  if available, information regarding any
victims' service organization or program to which the victim was
referred as part of the investigation.
(c)  An entity described by Subsection (a) that does not have
any investigations or offenses required to be reported under this
article during a period specified by the attorney general shall
submit to the attorney general a notice stating there are no cases
to report, in the manner and form prescribed by the attorney
general [An attorney representing the state who prosecutes the
alleged commission of an offense under Chapter 20A, Penal Code, or
the alleged commission of an offense under Chapter 43, Penal Code,
that may involve human trafficking, shall submit to the attorney
general the following information:
[(1)  the offense being prosecuted, including a brief
description of the alleged prohibited conduct;
[(2)  any other charged offense that is part of the same
criminal episode out of which the offense described by Subdivision
[(3)  the information described by Subsections (b)(2),
[(4)  the disposition of the prosecution, regardless of
(d)  The attorney general may enter into a contract with a
university or organization to assist with [that provides for the
university's assistance in] the collection and analysis of
information received under this article.  The attorney general
shall ensure that all sensitive information is properly protected.
(e)  Information described by Subsections (b)(2)(A)(i) and
(v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
(f)  In consultation with the entities described by
Subsection (a), the attorney general shall adopt rules to
administer this article, including rules prescribing:
(1)  the form and manner of submission of a report or
notice required by Subsection (b) or (c); and
(2)  additional information to include in a report or
notice required by Subsection (b) or (c).
(b)  Section 4.01, Chapter 93 (S.B. 1527), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 2.305,
Code of Criminal Procedure, is repealed.
SECTION 5.009.  Article 2A.209(a)(1), Code of Criminal
Procedure, is amended to conform to Chapter 765 (H.B. 4504), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
(1)  "Attorney representing the state" means an
attorney authorized by law to represent the state in a criminal
case, including a district attorney, criminal district attorney, or
county attorney with criminal jurisdiction.  The term does not
include an attorney representing the state in a justice or
municipal court under Chapter 45A [45].
SECTION 5.010.  Article 7B.003(b), Code of Criminal
Procedure, is amended to conform to Chapter 955 (S.B. 194), Acts of
the 86th Legislature, Regular Session, 2019, to read as follows:
(b)  If the court finds that there are reasonable grounds to
believe that the applicant is the victim of sexual assault or abuse,
indecent assault, stalking, or trafficking, the court shall issue a
protective order that includes a statement of the required
SECTION 5.011.  (a)  Article 13A.554, Code of Criminal
Procedure, is amended to conform to Chapter 351 (S.B. 1179), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
Art. 13A.554.  FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED
[FAILURE TO COMPLY WITH] SEXUALLY VIOLENT PREDATOR [CIVIL
COMMITMENT REQUIREMENT].  A felony [An] offense committed by a
person civilly committed under Chapter 841 [Section 841.085],
Health and Safety Code, may be prosecuted in:
(1)  any county in which an element of the offense
(2)  the court that retains jurisdiction over the civil
commitment proceeding under Section 841.082, Health and Safety
(b)  Section 7, Chapter 351 (S.B. 1179), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 13.315,
Code of Criminal Procedure, is repealed.
SECTION 5.012.  Article 17.50(a)(3), Code of Criminal
Procedure, is amended to conform to Chapter 221 (H.B. 375), Acts of
the 87th Legislature, Regular Session, 2021, to read as follows:
(A)  an offense under the following sections of
(ii)  Section 19.03 (capital murder);
(iii)  Section 20.03 (kidnapping);
(iv)  Section 20.04 (aggravated
(v)  Section 21.11 (indecency with a child);
(vi)  Section 22.011 (sexual assault);
(vii)  Section 22.02 (aggravated assault);
(viii)  Section 22.021 (aggravated sexual
(ix)  Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x)  Section 29.03 (aggravated robbery);
(xi)  Section 21.02 (continuous sexual abuse
of young child or disabled individual [children]); or
(xii)  Section 20A.03 (continuous
(B)  any offense involving family violence, as
defined by Section 71.004, Family Code.
SECTION 5.013.  Article 18B.001(1), Code of Criminal
Procedure, as amended by Chapters 901 (H.B. 4906) and 950 (S.B.
1727), Acts of the 88th Legislature, Regular Session, 2023, is
reenacted and amended to read as follows:
(1)  "Authorized peace officer" means:
(A)  a sheriff or deputy sheriff;
(B)  a constable or deputy constable;
(C)  a marshal or police officer of a
(D)  a ranger or officer commissioned by the
Public Safety Commission or the director of the department;
(E)  an investigator of a prosecutor's office;
(F)  a law enforcement agent of the Texas
(G)  a law enforcement officer commissioned by the
(H)  an enforcement officer appointed by the
inspector general of the Texas Department of Criminal Justice under
Section 493.019, Government Code;
(I)  a law enforcement officer appointed by the
inspector general of the Texas Juvenile Justice Department under
Section 242.102, Human Resources Code;
(J)  an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(K)  a member of an arson investigating unit
commissioned by a municipality, a county, or the state; or
(L) [(K)]  a peace officer commissioned under
Section 37.081 or 51.203, Education Code.
SECTION 5.014.  (a)  Article 45A.101(f), Code of Criminal
Procedure, is amended to conform to Section 9, Chapter 644 (H.B.
4559), Acts of the 88th Legislature, Regular Session, 2023, to read
(f)  In a county with a population of more than 2.5 [two]
million that does not have a county attorney, a complaint for an
offense under Section 32.41, Penal Code, must be approved by the
district attorney, regardless of whether a collection proceeding is
initiated by the district attorney under Subsection (e) of that
(b)  Section 9, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.019(g), Code of Criminal Procedure, is repealed.
SECTION 5.015.  (a)  Article 45A.104(d), Code of Criminal
Procedure, is amended to conform to Section 8, Chapter 644 (H.B.
4559), Acts of the 88th Legislature, Regular Session, 2023, to read
(d)  In a county with a population of more than 2.5 [two]
million that does not have a county attorney, a justice or judge may
not issue a warrant under this article for an offense under Section
32.41, Penal Code, unless the district attorney has approved the
complaint or affidavit on which the warrant is based.
(b)  Section 8, Chapter 644 (H.B. 4559), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.014(d), Code of Criminal Procedure, is repealed.
SECTION 5.016.  (a)  Article 45A.158, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 697 (H.B.
1603), Acts of the 88th Legislature, Regular Session, 2023, and
Chapter 765 (H.B. 4504), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
Art. 45A.158.  ATTORNEY REPRESENTING STATE NOT PRESENT FOR
TRIAL.  (a)  If an attorney representing the state is not present
when the case is called for trial, the justice or judge may:
(1)  postpone the trial to a specified date;
(2)  temporarily appoint any competent attorney to
perform duties as an attorney representing [pro tem as provided by
this code to represent] the state, notwithstanding Article 2A.104;
(b)  An attorney appointed under Subsection (a) is qualified
to perform the duties of the office of the attorney representing the
state and may be paid a reasonable fee for performing those duties.
(b)  Section 1, Chapter 697 (H.B. 1603), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.031,
Code of Criminal Procedure, is repealed.
SECTION 5.017.  (a)  Article 45A.251, Code of Criminal
Procedure, is amended to conform to Section 4, Chapter 525 (H.B.
3186), Acts of the 88th Legislature, Regular Session, 2023, by
adding Subsection (a-1) to read as follows:
(a-1)  In a case involving a child who is eligible for
diversion under Article 45A.504 that results in a trial, if the
court determines that the evidence presented in a bench trial would
support a finding of guilt, or if a jury returns a verdict of
guilty, the court shall provide the child and the child's parents
the opportunity to accept placement in diversion, under Article
45A.510, instead of entering an adjudication of guilt.  If the child
and the child's parents accept the opportunity for placement in
diversion under Article 45A.510, the court shall place the child in
diversion.  If the child and the child's parents decline the
opportunity for placement in diversion under Article 45A.510, the
court shall find the child guilty and proceed to sentencing.
(b)  Article 45A.253(b), Code of Criminal Procedure, is
amended to conform to Section 4, Chapter 525 (H.B. 3186), Acts of
the 88th Legislature, Regular Session, 2023, to read as follows:
(b)  If a diversion is not required under Subchapter K or
Article 45A.251(a-1), a [A] judge shall [may] allow a defendant who
is a child, as defined by Article 45A.453(a), to elect at the time
of conviction, as defined by Section 133.101, Local Government
Code, to discharge the fine and costs by:
(1)  performing community service or receiving
tutoring under Article 45A.460, regardless of whether the
applicable offense occurred at a location specified by Subsection
(2)  paying the fine and costs in a manner described by
(c)  Section 4, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.041,
Code of Criminal Procedure, is repealed.
SECTION 5.018.  (a)  Articles 45A.254(g) and (i), Code of
Criminal Procedure, are amended to conform to Section 5, Chapter
525 (H.B. 3186), Acts of the 88th Legislature, Regular Session,
(g)  A community supervision and corrections department, a
local juvenile probation department, or a court-related services
office may provide the administrative and other services necessary
to supervise a defendant required to perform community service
(i)  A sheriff, employee of a sheriff's department, county
commissioner, county employee, county judge, justice of the peace,
municipal court judge, or officer or employee of a political
subdivision other than a county or an entity that accepts a
defendant to perform community service under this article or
Subchapter K is not liable for damages arising from an act or
failure to act in connection with the community service if the act
(1)  was performed pursuant to court order; and
(2)  was not intentional, wilfully or wantonly
negligent, or performed with conscious indifference or reckless
disregard for the safety of others.
(b)  Section 5, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Articles
45.049(f) and (i), Code of Criminal Procedure, is repealed.
SECTION 5.019.  (a)  Article 45A.259(i), Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 425 (H.B.
1819), Acts of the 88th Legislature, Regular Session, 2023, to read
(i)  This article does not limit the authority of a court to
order a child taken into custody under Article 45A.453 [or
(b)  Section 1, Chapter 425 (H.B. 1819), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.045(c), Code of Criminal Procedure, is repealed.
SECTION 5.020.  (a)  Articles 45A.303(b) and (c), Code of
Criminal Procedure, are amended to conform to Section 4, Chapter
1021 (H.B. 5183), Acts of the 88th Legislature, Regular Session,
(b)  During the deferral period, the judge may require the
(1)  secure payment of the fine by posting a bond in the
amount of the fine assessed as punishment for the offense;
(2)  pay restitution to the victim of the offense in an
amount not to exceed the amount of the fine assessed as punishment
(3)  submit to professional counseling;
(4)  submit to diagnostic testing for alcohol or a
(5)  submit to a psychosocial assessment;
(6)  successfully complete an alcohol awareness or
substance misuse [drug abuse] treatment or education program, such
(A)  a substance misuse [drug] education program
that is designed to educate persons on the dangers of substance
misuse [drug abuse] in accordance with Section 521.374(a)(1),
Transportation Code, and that is regulated by the Texas Department
of Licensing and Regulation under Chapter 171, Government Code; or
(B)  an alcohol awareness program described by
Section 106.115, Alcoholic Beverage Code, that is regulated by the
Texas Department of Licensing and Regulation under Chapter 171,
(7)  pay the costs of any diagnostic testing,
psychosocial assessment, or treatment or education program
participation as reimbursement fees:
(B)  through the court as court costs;
(8)  complete a driving safety course approved under
Chapter 1001, Education Code, or another course as directed by the
(9)  present to the court satisfactory evidence that
the defendant has complied with each requirement imposed by the
judge under this subchapter; and
(10)  comply with any other reasonable condition.
(c)  A judge who requires a defendant to successfully
complete an alcohol awareness program or substance misuse [drug]
education program as described by Subsection (b)(6) shall require
the defendant to pay a reimbursement fee for the cost of the
program, unless the judge determines that the defendant is indigent
(b)  Section 4, Chapter 1021 (H.B. 5183), Acts of the 88th
Legislature, Regular Session, 2023, which amended Articles
45.051(b) and (g), Code of Criminal Procedure, is repealed.
SECTION 5.021.  (a)  Article 45A.403, Code of Criminal
Procedure, is amended to conform to Section 1, Chapter 749 (H.B.
3917), Acts of the 88th Legislature, Regular Session, 2023, to read
Art. 45A.403.  DISMISSAL OF PARENT CONTRIBUTING TO
NONATTENDANCE CHARGE.  (a)  Subject to Subsection (b) and
notwithstanding [Notwithstanding] any other law, a county,
justice, or municipal court may dismiss a charge against a
defendant alleging the defendant committed an offense under Section
25.093, Education Code, if the court finds that a dismissal would be
in the interest of justice because:
(1)  there is a low likelihood of recidivism by the
(2)  sufficient justification exists for the failure of
the defendant's child to attend school.
(b)  Notwithstanding any other law, a county, justice, or
municipal court shall dismiss a charge against a defendant alleging
the defendant committed an offense under Section 25.093, Education
Code, if the parent completes the terms of an agreement entered into
by the parent and the school district at which the parent's child
attends under Section 25.094, Education Code, within the period
required by Subsection (b) of that section.  If agreed to by the
school district that is a party to the agreement, the court may
extend the period under Section 25.094(b), Education Code, during
which a parent may fulfill the terms of the agreement.
(b)  Section 1, Chapter 749 (H.B. 3917), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article 45.0531,
Code of Criminal Procedure, is repealed.
SECTION 5.022.  (a)  The heading to Subchapter J, Chapter
45A, Code of Criminal Procedure, is amended to conform to Sections
6, 7, and 8, Chapter 525 (H.B. 3186), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
SUBCHAPTER J. CASES INVOLVING CHILDREN [JUVENILES]
(b)  Articles 45A.451(a), (b), (c), (d), (e), (f), (h), and
(i), Code of Criminal Procedure, are amended to conform to Sections
6, 7, and 8, Chapter 525 (H.B. 3186), Acts of the 88th Legislature,
Regular Session, 2023, to read as follows:
(a)  On approval of the commissioners court, governing body
of a municipality, school district board of trustees, juvenile
board, or other appropriate authority, a county court, justice
court, municipal court, school district, juvenile probation
department, or other appropriate governmental entity may:
(1)  employ a juvenile case manager or contract for a
juvenile case manager to provide services:
(i)  youth diversion under Subchapter K; or
(ii)  children [juvenile offenders] who are
before a court consistent with the court's statutory powers; or
(B)  to a child [juvenile] who is referred to a
court by a school administrator or designee for misconduct that
would otherwise be within the court's statutory powers before a
case is filed, with the consent of the child [juvenile] and the
child's [juvenile's] parents or guardians;
(2)  employ or contract for the services of one or more
(A)  shall assist the court in administering the
court's juvenile docket and in supervising the court's orders in
(i)  prevention services to a child
considered at risk of entering the juvenile justice system; and
(ii)  youth diversion [intervention]
services to a child [juvenile] engaged in misconduct, excluding
traffic offenses, if a case has not yet been filed with respect to
(3)  agree in accordance with Chapter 791, Government
Code, with any appropriate governmental entity to jointly employ a
juvenile case manager, jointly contract for juvenile case manager
services, or [to] jointly contribute to the costs of a juvenile case
manager or juvenile case manager [employed by one governmental
entity to provide] services described by Subdivisions (1) and (2).
(b)  A local entity may apply or more than one local entity
may jointly apply to the criminal justice division of the
governor's office for reimbursement of all or part of the costs of
employing one or more juvenile case managers or contracting for
juvenile case manager services from funds appropriated to the
governor's office or otherwise available for purposes of youth
(c)  To be eligible for reimbursement under Subsection (b),
the entity applying must present to the governor's office a
comprehensive plan to reduce juvenile offenses in the entity's
jurisdiction and a youth diversion plan under Article 45A.506.  The
plan must address the role of the juvenile case manager in that
(d)  An entity that jointly employs a juvenile case manager,
jointly contracts for juvenile case manager services, or jointly
contributes to the costs of a juvenile case manager or juvenile case
manager services under Subsection (a)(3) employs a juvenile case
manager for purposes of Chapter 102.
(e)  The court or governing body may pay, from the local
youth [truancy prevention and] diversion fund established under
Section 134.156, Local Government Code:
(1)  the salary and benefits of a juvenile case
(2)  the costs of contracting for juvenile case manager
(3)  the costs of training, travel, office supplies,
and other necessary expenses relating to the position of the
juvenile case manager and juvenile case manager services.
(f)  A juvenile case manager [employed under Subsection
(a-1)] shall give priority to cases brought under Section 25.093,
Education Code, Chapter 65, Family Code, and youth diversion under
(h)  A [The employing] court or governmental entity under
this article shall implement the rules adopted under Subsection
(i)  The commissioners court or governing body of the
municipality that administers a local youth [truancy prevention
and] diversion fund under Section 134.156, Local Government Code,
shall require periodic review of juvenile case managers to ensure
the implementation of the rules adopted under Subsection (g).
(c)  Article 45A.451(g), Code of Criminal Procedure, is
amended to conform to Chapter 1033 (S.B. 24), Acts of the 88th
Legislature, Regular Session, 2023, and Sections 6, 7, and 8,
Chapter 525 (H.B. 3186), Acts of the 88th Legislature, Regular
Session, 2023, to read as follows:
(g)  The governing body of the employing governmental entity
under Subsection (a) shall adopt reasonable rules for juvenile case
(1)  a code of ethics and the enforcement of the code of
(2)  appropriate educational preservice and in-service
training standards for juvenile case managers; and
(A)  the role of the juvenile case manager;
(B)  case planning and management;
(C)  applicable procedural and substantive law;
(D)  courtroom proceedings and presentation;
(E)  services for [to] at-risk youth under
Subchapter D, Chapter 137 [264], Human Resources [Family] Code;
(F)  local programs and services for children
[juveniles] and methods by which children [juveniles] may access
those programs and services; and
(G)  detecting and preventing abuse,
exploitation, and neglect of children [juveniles].
(d)  Article 45A.451(a-1), Code of Criminal Procedure, is
repealed to conform to the reenactment of Article 45.056(c), Code
of Criminal Procedure, by Section 7, Chapter 525 (H.B. 3186), Acts
of the 88th Legislature, Regular Session, 2023.
(e)  Sections 6, 7, and 8, Chapter 525 (H.B. 3186), Acts of
the 88th Legislature, Regular Session, 2023, which amended Article
45.056, Code of Criminal Procedure, are repealed.
SECTION 5.023.  (a)  Article 45A.452(a), Code of Criminal
Procedure, is amended to conform to Section 3, Chapter 525 (H.B.
3186), Acts of the 88th Legislature, Regular Session, 2023, to read
(a)  Subject to the requirements of Subchapter K, this [This]
article applies to a defendant who has not had the disabilities of
(1)  charged with an offense other than an offense
under Section 43.261, Penal Code, if the defendant is younger than
(2)  charged with an offense under Section 43.261,
Penal Code, if the defendant is younger than 18 years of age.
(b)  Section 3, Chapter 525 (H.B. 3186), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.0215(a), Code of Criminal Procedure, is repealed.
SECTION 5.024.  Article 45A.455, Code of Criminal Procedure,
is repealed to conform to the repeal of Article 45.059, Code of
Criminal Procedure, by Section 8, Chapter 425 (H.B. 1819), Acts of
the 88th Legislature, Regular Session, 2023.
SECTION 5.025.  (a)  Article 45A.456(a), Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 425 (H.B.
1819), Acts of the 88th Legislature, Regular Session, 2023, to read
(a)  Except as provided by Articles 45A.453 and [,] 45A.454,
[and 45A.455,] an individual may not be taken into secured custody
for offenses alleged to have occurred before the individual's 17th
(b)  Section 2, Chapter 425 (H.B. 1819), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.060(a), Code of Criminal Procedure, is repealed.
SECTION 5.026.  (a)  Article 45A.457(b), Code of Criminal
Procedure, is amended to conform to Section 7, Chapter 1033 (S.B.
24), Acts of the 88th Legislature, Regular Session, 2023, to read as
(b)  On a finding by a justice or municipal court that a child
committed an offense that the court has jurisdiction of under
Article 4.11 or 4.14, the court has jurisdiction to enter an order:
(1)  referring the child or the child's parent for
services under Section 137.152, Human Resources Code [264.302,
(2)  requiring that the child attend a special program
that the court determines to be in the best interest of the child
and, if the program involves the expenditure of municipal or county
funds, that is approved by the governing body of the municipality or
county commissioners court, as applicable, including a program for:
(C)  self-esteem and leadership;
(D)  work and job skills training;
(E)  job interviewing and work preparation;
(3)  requiring that the child's parent perform any act
or refrain from performing any act as the court determines will
increase the likelihood that the child will comply with the orders
of the court and that is reasonable and necessary for the welfare of
(A)  attend a parenting class or parental
(B)  attend the child's school classes or
(b)  Section 7, Chapter 1033 (S.B. 24), Acts of the 88th
Legislature, Regular Session, 2023, which amended Article
45.057(b), Code of Criminal Procedure, is repealed.
SECTION 5.027.  (a)  Chapter 45A, Code of Criminal
Procedure, is amended to conform to Section 2, Chapter 525 (H.B.
3186), Acts of the 88th Legislature, Regular Session, 2023, and
Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
Session, 2023, by adding Subchapter K to read as follows:
Art. 45A.501.  DEFINITIONS.  In this subchapter:
(1)  "Charge" means a formal or informal allegation of
an offense, including a citation, written promise to appear,
complaint, or pending complaint.
(2)  "Child" has the meaning assigned by Article
(3)  "Court" means a justice court, municipal court, or
other court subject to this chapter.
(4)  "Diversion" means an intervention strategy that
redirects a child from formal criminal prosecution and holds the
child accountable for the child's actions. The term includes
diversion under Article 45A.509 or 45A.510.
(5)  "Offense" means a misdemeanor punishable by fine
only, other than a traffic offense.
(6)  "Parent" has the meaning assigned by Article
(7)  "Service provider" means a governmental agency,
political subdivision, open-enrollment charter school, nonprofit
organization, or other entity that provides services to children or
(8)  "Youth diversion plan" means a plan adopted under
Art. 45A.502.  APPLICABILITY.  This subchapter applies only
to a child who is alleged to have engaged in conduct that
constitutes a misdemeanor punishable by fine only, other than a
Art. 45A.503.  TRANSFER TO JUVENILE COURT NOT AFFECTED.
Nothing in this subchapter precludes:
(1)  a case involving a child from being referred,
adjudicated, or disposed of as conduct indicating a need for
supervision under Title 3, Family Code; or
(2)  a waiver of criminal jurisdiction and transfer of
a child's case as provided by Section 51.08, Family Code.
Art. 45A.504.  DIVERSION ELIGIBILITY.  (a)  Except as
otherwise provided by this subchapter, a child shall be diverted
from formal criminal prosecution as provided by this subchapter.
(b)  A child is eligible to enter into a diversion agreement
under this subchapter only once every 365 days.
(c)  A child is not eligible for diversion if the child has
previously had an unsuccessful diversion under this subchapter.
(d)  A child is not eligible for diversion if a diversion is
objected to by the attorney representing the state.
(e)  A court may not divert a child from criminal prosecution
as provided by this subchapter without the written consent of the
Art. 45A.505.  DIVERSION STRATEGIES.  (a)  Diversion
(1)  requiring a child to participate in a program,
(A)  a court-approved teen court program operated
(C)  an educational program, including an alcohol
awareness program, a tobacco awareness program, or a drug education
(D)  a rehabilitation program; or
(E)  a self-improvement program, including a
program relating to self-esteem, leadership, self-responsibility,
empathy, parenting, parental responsibility, manners, violence
avoidance, anger management, life skills, wellness, or dispute
(2)  referring a child to a service provider for
(A)  at-risk youth services under Subchapter D,
Chapter 137, Human Resources Code;
(B)  juvenile case manager services under Article
(C)  work and job skills training, including job
interviewing and work preparation;
(D)  academic monitoring or tutoring, including
preparation for a high school equivalency examination administered
under Section 7.111, Education Code;
(F)  mental health screening and clinical
(G)  counseling, including private or in-school
(A)  participate in mediation or other dispute
(B)  submit to alcohol or drug testing; or
(C)  substantially comply with a course of
treatment prescribed by a physician or other licensed medical or
mental health professional; and
(4)  requiring a child, by court order, to:
(A)  pay restitution not to exceed $100 for an
offense against property under Title 7, Penal Code;
(B)  perform not more than 20 hours of community
(C)  perform any other reasonable action
(b)  A diversion strategy may be imposed under:
(1)  an intermediate diversion under Article 45A.509;
(2)  a diversion by a justice or judge under Article
(3)  a system of graduated sanctions for certain school
offenses under Section 37.144, Education Code.
(c)  A diversion strategy under this subchapter may not
require a child who is a home-schooled student, as defined by
Section 29.916, Education Code, to:
(1)  attend an elementary or secondary school; or
(2)  use an educational curriculum other than the
curriculum selected by the parent.
Art. 45A.506.  YOUTH DIVERSION PLAN.  (a)  A youth diversion
plan is a written plan that describes the types of strategies that
will be used to implement youth diversion.  A youth diversion plan
does not limit the types of diversion strategies that may be imposed
under a diversion agreement under Article 45A.508.
(b)  Each justice and municipal court shall adopt a youth
(c)  A youth diversion plan may be devised for a county or
municipality or an individual court within a county or
(d)  In accordance with Chapter 791, Government Code, a local
government may enter into an agreement with one or more local
governments to create a regional youth diversion plan and
collaborate in the implementation of this subchapter.
(e)  A youth diversion plan may include an agreement with a
service provider to provide services for a diversion strategy.
(f)  A youth diversion plan may contain guidelines for
disposition or diversion of a child's case by law enforcement. The
(g)  A current youth diversion plan must be maintained on
file for public inspection in each justice and municipal court,
including courts that collaborate with one or more counties or
(h)  A court or local government may adopt rules necessary to
coordinate services under a youth diversion plan or to implement
Art. 45A.507.  YOUTH DIVERSION COORDINATOR.  (a)  A court may
designate a youth diversion coordinator to assist the court in:
(1)  determining whether a child is eligible for
(2)  employing a diversion strategy authorized by this
(3)  pres