Tex. Code of Criminal Procedure § 5
This is the official text of Tex. Code of Criminal Procedure § 5, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 5.
Official statutory text
Sec. 5. (a) Immediately on filing an application, the applicant shall serve a copy of the application on the attorney representing the state by:
(1) certified mail, return receipt requested;
(2) personal service;
(3) electronic service through the electronic filing manager authorized by Rule 21, Texas Rules of Civil Procedure; or
(4) a secure electronic transmission to the attorney's e-mail address filed with the electronic filing system as required under Section 80.003, Government Code.
(b) The state may file an answer within the period established by Subsection (c), but is not required to file an answer.
(c) The state may not file an answer after the 30th day after the date of service, except that for good cause the convicting court may grant the state one 30-day extension.
(d) Any answer, motion, or other document filed by the state must be served on the applicant by certified mail, return receipt requested, or by personal service.
(e) Matters alleged in the application not admitted by the state are considered to have been denied.
(1) certified mail, return receipt requested;
(2) personal service;
(3) electronic service through the electronic filing manager authorized by Rule 21, Texas Rules of Civil Procedure; or
(4) a secure electronic transmission to the attorney's e-mail address filed with the electronic filing system as required under Section 80.003, Government Code.
(b) The state may file an answer within the period established by Subsection (c), but is not required to file an answer.
(c) The state may not file an answer after the 30th day after the date of service, except that for good cause the convicting court may grant the state one 30-day extension.
(d) Any answer, motion, or other document filed by the state must be served on the applicant by certified mail, return receipt requested, or by personal service.
(e) Matters alleged in the application not admitted by the state are considered to have been denied.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.