Texas Code of Criminal Procedure

§ 26.13 — PLEA OF GUILTY

CR § 26.13Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 26. ARRAIGNMENT

Statute text

(a)Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of:

(1)the range of the punishment attached to the offense;

(2)the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court. Provided that the court shall inquire as to the existence of a plea bargain agreement between the state and the defendant and, if an agreement exists, the court shall inform the defendant whether it will follow or reject the agreement in open court and before any finding on the plea. Should the court reject the agreement, the defendant shall be permitted to withdraw the defendant's plea of guilty or nolo contendere;

(3)the fact that if the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and the defendant's attorney, the trial court must give its permission to the defendant before the defendant may prosecute an appeal on any matter in the case except for those matters raised by written motions filed prior to trial;

(4)the fact that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law;

(5)the fact that the defendant will be required to meet the registration requirements of Chapter 62, if the defendant is convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under that chapter; and

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Legislative history

Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.03, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 125 (S.B. 1470), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1379 (S.B. 1236), Sec. 2, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1073 (S.B. 1010), Sec. 1, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 1017 (H.B. 1507), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 185 (H.B. 1996), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.09, eff. January 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 179 (S.B. 761), Sec. 1, eff. September 1, 2025.