(a) Except as provided by Subsection (b), on an order returning a case to the county in which the indictment or information was filed as provided by Article 31A.151, the clerk of the county in which the case was tried shall:
(1) make a certified copy of:
(A) the court’s order directing the return; and
(B) the defendant‘s bail bond, personal bond, or appeal bond, if any;
(2) gather the original papers in the case and certify under official seal that the papers are all the original papers on file in the court in which the case was tried; and
(3) transmit the items described by Subdivisions (1) and (2) to the clerk of the court in which the indictment or information was filed.
(b) This article does not apply to a proceeding in which the clerk of the court in which the indictment or information was filed was present and performed the duties as clerk for the court under Article 31A.052.


Text of article effective on January 01, 2025

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Terms Used In Texas Code of Criminal Procedure 31A.152

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.