Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 37.146 - [Effective 1/1/2025] Requisites Of Complaint(a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101 , Code of Criminal Procedure: (1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and (2) be accompanied by a statement from a school employee stating: (A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and (B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed. (b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457(e) , Code of Criminal Procedure. (c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401 , Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child. Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 2.040, eff. 1/1/2025.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1132,Sec. 6, eff. 9/1/2015.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 1407,Sec. 12, eff. 9/1/2013.This section is set out more than once due to postponed, multiple, or conflicting amendments.