Texas Codes

Tex. Fam. Code § 53.035 (2026)

Grand Jury Referral

✓ current as of May 2026

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Sec. 53.035. GRAND JURY REFERRAL. (a) The prosecuting attorney may, before filing a petition under Section 53.04, refer an offense to a grand jury in the county in which the offense is alleged to have been committed.

(b) The grand jury has the same jurisdiction and powers to investigate the facts and circumstances concerning an offense referred to the grand jury under this section as it has to investigate other criminal activity.

(c) If the grand jury votes to take no action on an offense referred to the grand jury under this section, the prosecuting attorney may not file a petition under Section 53.04 concerning the offense unless the same or a successor grand jury approves the filing of the petition.

(d) If the grand jury votes for approval of the prosecution of an offense referred to the grand jury under this section, the prosecuting attorney may file a petition under Section 53.04.

(e) The approval of the prosecution of an offense by a grand jury under this section does not constitute approval of a petition by a grand jury for purposes of Section 53.045.

Added by Acts 1999, 76th Leg., ch. 1477, Sec. 6, eff. Sept. 1, 1999.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2019–2023 · leading case: in the Matter of A.J.F., a Child v. State (Tex. App. 2019).

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in the Matter of A.J.F., a Child v. State (Tex. App. 2019). “Tex. Fam. Code Ann. § 53.035 . If the grand jury approves the prosecution and the child is adjudicated delinquent for that offense, the child faces a “determinate sentence” of up to 10, 20, or 40 years, depending on the nature of the offense.”

in the Matter of B.C. (Tex. App. 2022). “See Tex. Fam. Code Ann. § 53.035 . Absent this certification, the maximum disposition that B.”

In the Matter of D. M. v. the State of Texas (Tex. App. 2023). “See TEX. FAM. CODE § 53.035. The State sought an adjudication hearing and determinate sentence based on the allegations of delinquent conduct.”

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