§ 45A.104 — ARREST WARRANT.

Texas § 45A.104

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 45A.104. ARREST WARRANT. (a) If a sworn complaint or affidavit based on probable cause has been filed before a justice or municipal court, the justice or judge may issue a warrant for the arrest of the defendant and deliver the warrant to the proper officer to be executed.
(b) A warrant is sufficient if the warrant:
(1) is issued in the name of "The State of Texas";
(2) is directed to the proper peace officer or other person specifically named in the warrant;
(3) includes a command that the defendant be taken, and brought before the authority issuing the warrant, at the time and place stated in the warrant;
(4) either:
(A) states the defendant's name; or
(B) if the defendant's name is not known, describes the defendant as provided in the complaint;
(5) states that the defendant is accused of an offense against the law of this state, naming the offense; and
(6) is signed by the justice or judge, naming the office of the justice or judge either in the body of the warrant or in connection with the signature of the justice or judge.
(c) Except as inconsistent or in conflict with this chapter, Chapter 15 applies to a warrant of arrest issued under this article.
(d) In a county with a population of more than 2.5 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.
(e) A justice or judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting, including failure to appear as required by a citation issued under Article 14.06 (b), unless:
(1) the justice or judge provides by telephone or regular mail to the defendant notice that includes:
(A) a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the justice or judge;
(B) the name and address of the court with jurisdiction in the case;
(C) information regarding alternatives to the full payment of any fines or costs owed by the defendant, if the defendant is unable to pay that amount;
(D) a statement that the defendant may be entitled to a credit toward any fines or costs owed by the defendant if the defendant was confined in jail or prison after the commission of the offense for which the notice is given; and
(E) an explanation of the consequences if the defendant fails to appear before the justice or judge as required by this article; and
(2) the defendant fails to appear before the justice or judge as required by this article.
(f) A defendant who receives notice under Subsection (e) may request an alternative date or time to appear before the justice or judge if the defendant is unable to appear on the date and time included in the notice.
(g) A justice or judge shall recall an arrest warrant for the defendant's failure to appear if the defendant voluntarily appears and makes a good faith effort to resolve the arrest warrant before the warrant is executed.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504 ), Sec. 1.001, eff. January 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 5.015(a), eff. September 1, 2025.