Text of article effective on January 01, 2025
Art. 2A.107.  RECORDING AND FILING COMPLAINTS.  (a)  If a complaint is made before a district or county attorney that an offense has been committed in the attorney's district or county, as applicable, the attorney shall:
(1)  reduce the complaint to writing;
(2)  cause the complaint to be signed and sworn to by the complainant;
(3)  attest the complaint; and
(4)  as applicable:
(A)  if the offense is a misdemeanor and except as provided by Subsection (b), immediately prepare an information based on the complaint and file the information in the court having jurisdiction; or
(B)  if the offense is a felony, immediately file the complaint with a magistrate of the county.
(b)  In a county that does not have a county attorney or a criminal district court, a misdemeanor case may be tried based on complaint alone without an information.
(c)  For purposes of fulfilling the duties under this article, a district or county attorney may administer oaths.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.