Texas Code of Criminal Procedure - Article 15.03. Magistrate May Issue Warrant Or Summons

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Art. 15.03. [220] [267] [255] MAGISTRATE MAY ISSUE WARRANT OR 
SUMMONS.  (a) A magistrate may issue a warrant of arrest or a 
summons:
	1. In any case in which he is by law authorized to order 
verbally the arrest of an offender;
	2. When any person shall make oath before the magistrate that 
another has committed some offense against the laws of the State;  
and
	3. In any case named in this Code where he is specially 
authorized to issue warrants of arrest.
	(b)  A summons may be issued in any case where a warrant may 
be issued, and shall be in the same form as the warrant except that 
it shall summon the defendant to appear before a magistrate at a 
stated time and place.  The summons shall be served upon a defendant 
by delivering a copy to him personally, or by leaving it at his 
dwelling house or usual place of abode with some person of suitable 
age and discretion then residing therein or by mailing it to the 
defendant's last known address.  If a defendant fails to appear in 
response to the summons a warrant shall be issued.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.             

Last modified: August 10, 2007