Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101 , Code of Criminal Procedure: (1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and (2) be accompanied by a statement from a school employee stating: (A) whether the child is eligible for or receives special education services under Subchapter A, Chapter 29 ; and (B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed. (b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457 (e), Code of Criminal Procedure. (c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401 , Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
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