Texas Family Code
§ 51.08 — TRANSFER FROM CRIMINAL COURT
FA § 51.08Title 3. JUVENILE JUSTICE CODE · Ch. 51. GENERAL PROVISIONS
Statute text
View on source(a)If the defendant in a criminal proceeding is a child who is charged with an offense other than perjury, a traffic offense, a misdemeanor punishable by fine only, or a violation of a penal ordinance of a political subdivision, unless the child has been transferred to criminal court under Section 54.02, the court exercising criminal jurisdiction shall transfer the case to the juvenile court, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case, and shall order that the child be taken to the place of detention designated by the juvenile court, or shall release the child to the custody of the child's parent, guardian, or custodian, to be brought before the juvenile court at a time designated by that court.
(b)A court in which there is pending a complaint against a child alleging a violation of a misdemeanor offense punishable by fine only other than a traffic offense or a violation of a penal ordinance of a political subdivision other than a traffic offense:
(1)except as provided by Subsection (d), shall waive its original jurisdiction and refer the child to juvenile court if:
(A)the complaint pending against the child alleges a violation of a misdemeanor offense under Section 43.261, Penal Code, that is punishable by fine only; or
(B)the child has previously been convicted of:
(i)two or more misdemeanors punishable by fine only other than a traffic offense;
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Legislative history
Acts 2005, 79th Leg., Ch. 650 (H.B. 3010), Sec. 1, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 311 (H.B. 558), Sec. 4, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 16, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 13, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.047, eff. January 1, 2025.