CODE OF CRIMINAL PROCEDURE
CHAPTER 17A. CORPORATIONS AND ASSOCIATIONS
Art. 17A.01. APPLICATION AND DEFINITIONS. (a) This chapter
sets out some of the procedural rules applicable to the criminal
responsibility of corporations and associations. Where not in
conflict with this chapter, the other chapters of this code apply to
corporations and associations.
(b) In this code, unless the context requires a different
definition:
(1) "Agent" means a director, officer, employee, or other
person authorized to act in behalf of a corporation or association.
(2) "Association" means a government or governmental
subdivision or agency, trust, partnership, or two or more persons
having a joint or common economic interest.
(3) "High managerial agent" means:
(A) an officer of a corporation or association;
(B) a partner in a partnership; or
(C) an agent of a corporation or association who has duties of
such responsibility that his conduct may reasonably be assumed to
represent the policy of the corporation or association.
(4) "Person," "he," and "him" include corporation and
association.
Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Art. 17A.02. ALLEGATION OF NAME. (a) In alleging the name of
a defendant corporation, it is sufficient to state in the
complaint, indictment, or information the corporate name, or to
state any name or designation by which the corporation is known or
may be identified. It is not necessary to allege that the defendant
was lawfully incorporated.
(b) In alleging the name of a defendant association it is
sufficient to state in the complaint, indictment, or information
the association's name, or to state any name or designation by which
the association is known or may be identified, or to state the name
or names of one or more members of the association, referring to the
unnamed members as "others." It is not necessary to allege the
legal form of the association.
Added by Acts 1973, 63rd Leg., p. 979, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Art. 17A.03. SUMMONING CORPORATION OR ASSOCIATION. (a) When
a complaint is filed or an indictment or information presented
against a corporation or association, the court or clerk shall
issue a summons to the corporation or association. The summons
shall be in the same form as a capias except that:
(1) it shall summon the corporation or association to appear
before the court named at the place stated in the summons; and
(2) it shall be accompanied by a certified copy of the
complaint, indictment, or information; and
(3) it shall provide that the corporation or association
appear before the court named at or before 10 a.m. of the Monday
next after the expiration of 20 days after it is served with
summons, except when service is made upon the secretary of state or
the Commissioner of Insurance, in which instance the summons shall
provide that the corporation or association appear before the court
named at or before 10 a.m. of the Monday next after the expiration
of 30 days after the secretary of state or the Commissioner of
Insurance is served with summons.
(b) No individual may be arrested upon a complaint,
indictment, information, judgment, or sentence against a
corporation or association.
Added by Acts 1973, 63rd Leg., p. 980, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Amended by Acts 1987, 70th Leg., ch. 46, Sec. 10, eff. Sept. 1,
1987.
Art. 17A.04. SERVICE ON CORPORATION. (a) Except as provided
in Paragraph (d) of this article, a peace officer shall serve a
summons on a corporation by personally delivering a copy of it to
the corporation's registered agent. However, if a registered agent
has not been designated, or cannot with reasonable diligence be
found at the registered office, then the peace officer shall serve
the summons by personally delivering a copy of it to the president
or a vice-president of the corporation.
(b) If the peace officer certifies on the return that he
diligently but unsuccessfully attempted to effect service under
Paragraph (a) of this article, or if the corporation is a foreign
corporation that has no certificate of authority, then he shall
serve the summons on the secretary of state by personally
delivering a copy of it to him, or to the deputy secretary of state,
or to any clerk in charge of the corporation department of his
office. On receipt of the summons copy, the secretary of state
shall immediately forward it by certified or registered mail,
return receipt requested, addressed to the defendant corporation at
its registered or principal office in the state or country under
whose law it was incorporated.
(c) The secretary of state shall keep a permanent record of
the date and time of receipt and his disposition of each summons
served under Paragraph (b) of this article together with the return
receipt.
(d) The method of service on a corporation regulated under
the Insurance Code is governed by that code.
Added by Acts 1973, 63rd Leg., p. 980, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Amended by:
Acts 2005, 79th Leg., Ch. 41, Sec. 15, eff. September 1, 2005.
Art. 17A.05. SERVICE ON ASSOCIATION. (a) Except as provided
in Paragraph (b) of this article, a peace officer shall serve a
summons on an association by personally delivering a copy of it:
(1) to a high managerial agent at any place where business of
the association is regularly conducted; or
(2) if the peace officer certifies on the return that he
diligently but unsuccessfully attempted to serve a high managerial
agent, to any employee of suitable age and discretion at any place
where business of the association is regularly conducted; or
(3) if the peace officer certifies on the return that he
diligently but unsuccessfully attempted to serve a high managerial
agent, or employee of suitable age and discretion, to any member of
the association.
(b) The method of service on an association regulated under
the Insurance Code is governed by that code.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Art. 17A.06. APPEARANCE. (a) In all criminal actions
instituted against a corporation or association, in which original
jurisdiction is in a district or county-level court:
(1) appearance is for the purpose of arraignment;
(2) the corporation or association has 10 full days after the
day the arraignment takes place and before the day the trial begins
to file written pleadings.
(b) In all criminal actions instituted against a corporation
or association, in which original jurisdiction is in a justice
court or corporation court:
(1) appearance is for the purpose of entering a plea; and
(2) 10 full days must elapse after the day of appearance
before the corporation or association may be tried.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Art. 17A.07. PRESENCE OF CORPORATION OR ASSOCIATION. (a) A
defendant corporation or association appears through counsel.
(b) If a corporation or association does not appear in
response to summons, or appears but fails or refuses to plead:
(1) it is deemed to be present in person for all purposes;
and
(2) the court shall enter a plea of not guilty in its behalf;
and
(3) the court may proceed with trial, judgment, and
sentencing.
(c) If, having appeared and entered a plea in response to
summons, a corporation or association is absent without good cause
at any time during later proceedings:
(1) it is deemed to be present in person for all purposes;
and
(2) the court may proceed with trial, judgment, or
sentencing.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Art. 17A.08. PROBATION. The benefits of the adult probation
laws shall not be available to corporations and associations.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.
Art. 17A.09. NOTIFYING ATTORNEY GENERAL OF CORPORATION'S
CONVICTION. If a corporation is convicted of an offense, or if a
high managerial agent is convicted of an offense committed in the
conduct of the affairs of the corporation, the court shall notify
the attorney general in writing of the conviction when it becomes
final and unappealable. The notice shall include:
(1) the corporation's name, and the name of the corporation's
registered agent and the address of the registered office, or the
high managerial agent's name and address, or both; and
(2) certified copies of the judgment and sentence and of the
complaint, information, or indictment on which the judgment and
sentence were based.
Added by Acts 1973, 63rd Leg., p. 981, ch. 399, Sec. 2(D), eff. Jan.
1, 1974.