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Texas Code of Criminal Procedure - Article 27.14. Plea Of Guilty Or Nolo Contendere In Misdemeanor

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Art. 27.14. [518] [582] [571] PLEA OF GUILTY OR NOLO 
CONTENDERE IN MISDEMEANOR.  (a) A plea of "guilty" or a plea of 
"nolo contendere" in a misdemeanor case may be made either by the 
defendant or his counsel in open court;  in such case, the defendant 
or his counsel may waive a jury, and the punishment may be assessed 
by the court either upon or without evidence, at the discretion of 
the court.
	(b)  A defendant charged with a misdemeanor for which the 
maximum possible punishment is by fine only may, in lieu of the 
method provided in Subsection (a) of this article, mail or deliver 
in person to the court a plea of "guilty" or a plea of "nolo 
contendere" and a waiver of jury trial.  The defendant may also 
request in writing that the court notify the defendant, at the 
address stated in the request, of the amount of an appeal bond that 
the court will approve.  If the court receives a plea and waiver 
before the time the defendant is scheduled to appear in court, the 
court shall dispose of the case without requiring a court 
appearance by the defendant.  The court shall notify the defendant 
either in person or by certified mail, return receipt requested, of 
the amount of any fine assessed in the case and, if requested by the 
defendant, the amount of an appeal bond that the court will approve.  
The defendant shall pay any fine assessed or give an appeal bond in 
the amount stated in the notice before the 31st day after receiving 
the notice.
	(c)  In a misdemeanor case for which the maximum possible 
punishment is by fine only, payment of a fine or an amount accepted 
by the court constitutes a finding of guilty in open court as though 
a plea of nolo contendere had been entered by the defendant and 
constitutes a waiver of a jury trial in writing.
	(d)  If written notice of an offense for which maximum 
possible punishment is by fine only or of a violation relating to 
the manner, time, and place of parking has been prepared, 
delivered, and filed with the court and a legible duplicate copy has 
been given to the defendant, the written notice serves as a 
complaint to which the defendant may plead "guilty," "not guilty," 
or "nolo contendere."  If the defendant pleads "not guilty" to the 
offense, a complaint shall be filed that conforms to the 
requirements of Chapter 45 of this code, and that complaint serves 
as an original complaint.  A defendant may waive the filing of a 
sworn complaint and elect that the prosecution proceed on the 
written notice of the charged offense if the defendant agrees in 
writing with the prosecution, signs the agreement, and files it 
with the court.

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.  
Amended by Acts 1967, 60th Leg., p. 1738, ch. 659, Sec. 18, eff. 
Aug. 28, 1967;  Acts 1977, 65th Leg., p. 2143, ch. 858, Sec. 1, eff. 
June 16, 1977;  Acts 1979, 66th Leg., p. 450, ch. 207, Sec. 1, eff. 
Sept. 1, 1979;  Acts 1983, 68th Leg., p. 1257, ch. 273, Sec. 1, eff. 
Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 87, Sec. 1, eff. Sept. 1, 
1985.

Subsecs. (b) to (d) amended by Acts 1993, 73rd Leg., ch. 76, Sec. 1, 
eff. Sept. 1, 1993;  Subsec. (c) amended by Acts 2001, 77th Leg., 
ch. 285, Sec. 1, eff. Sept. 1, 2001.

Last modified: August 11, 2007