Texas Government Code 411.049 – Report Related to Certain Intoxication Offenses
(a) In this section, “offense relating to the operating of a motor vehicle while intoxicated” has the meaning assigned by § 49.09, Penal Code.
(b) The department shall compile and maintain statistical information on the prosecution of offenses relating to the operating of a motor vehicle while intoxicated, including:
(1) the number of arrests;
(2) the number of arrests resulting in release with no charges;
(3) the number of charges resulting in a plea of not guilty and a trial;
(4) the number of charges resulting in a plea of guilty or nolo contendere;
(5) the number of charges resulting in a conviction of the offense charged in the original information, indictment, complaint, or other charging instrument;
(6) the number of charges resulting in a conviction of an offense other than the offense charged in the original information, indictment, complaint, or other charging instrument; and
(7) the number of charges resulting in a dismissal.
Terms Used In Texas Government Code 411.049
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) Each law enforcement agency that enforces Chapter 49, Penal Code, and each appropriate prosecuting attorney’s office and court in this state shall report in the manner and on a form prescribed by the department the information necessary for the department to compile the information required by Subsection (b).
(d) The department shall identify law enforcement agencies, prosecuting attorney’s offices, and courts required to report under Subsection (c) that fail to timely report or that report incomplete information to the department.
(e) The department shall submit to the legislature not later than February 15 of each year a report of the statistical information described in Subsection (b) compiled for the preceding calendar year. The report must include a list of the law enforcement agencies, prosecuting attorney’s offices, and courts identified by the department under Subsection (d).
(f) The department may adopt rules to implement this section.