Tex. Code of Criminal Procedure § 49A.072
This is the official text of Tex. Code of Criminal Procedure § 49A.072, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 49A.072. WARRANT OF ARREST.
Official statutory text
(a) A justice of the peace who is conducting an inquest into a person's death under this subchapter may issue a warrant for the arrest of a person suspected of causing the death if:
(1) the justice has knowledge that the suspect caused the death;
(2) the justice receives an affidavit stating that the suspect caused the death; or
(3) evidence is adduced at an inquest hearing that shows probable cause to believe the suspect caused the death.
(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:
(1) execute the warrant immediately; and
(2) detain the arrested person until the arrested person's discharge is ordered by the justice of the peace or other proper authority.
(c) A person who is charged in a death and arrested under a warrant issued by a justice of the peace shall remain in the custody of the arresting peace officer. A warrant issued by another magistrate is not sufficient authority to remove the arrested person from the peace officer's custody.
(d) A person charged in a death who has not been arrested under a warrant issued by a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.
(e) A warrant of arrest issued under Subsection (a) is sufficient if it:
(1) is issued in the name of "The State of Texas";
(2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person;
(3) recites in plain language the offense with which the person is charged; and
(4) is signed and dated by a justice of the peace.
(1) the justice has knowledge that the suspect caused the death;
(2) the justice receives an affidavit stating that the suspect caused the death; or
(3) evidence is adduced at an inquest hearing that shows probable cause to believe the suspect caused the death.
(b) A peace officer who receives an arrest warrant issued by a justice of the peace shall:
(1) execute the warrant immediately; and
(2) detain the arrested person until the arrested person's discharge is ordered by the justice of the peace or other proper authority.
(c) A person who is charged in a death and arrested under a warrant issued by a justice of the peace shall remain in the custody of the arresting peace officer. A warrant issued by another magistrate is not sufficient authority to remove the arrested person from the peace officer's custody.
(d) A person charged in a death who has not been arrested under a warrant issued by a justice of the peace may be arrested on the order of a magistrate other than the justice of the peace and examined by that magistrate while an inquest is pending.
(e) A warrant of arrest issued under Subsection (a) is sufficient if it:
(1) is issued in the name of "The State of Texas";
(2) specifies the name of the person whose arrest is ordered or, if the person's name is unknown, reasonably describes the person;
(3) recites in plain language the offense with which the person is charged; and
(4) is signed and dated by a justice of the peace.
Status: in_force · Read it on the official government site
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