Texas Education Code

§ 37.146 — REQUISITES OF COMPLAINT

ED § 37.146Title 2. PUBLIC EDUCATION · Part G. SAFE SCHOOLS · Ch. 37. DISCIPLINE; LAW AND ORDER · Art. E-1. CRIMINAL PROCEDURE

Statute text

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(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 education 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.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.040, eff. January 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.51, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 51, eff. June 20, 2025.