State Plea Agreement - Texas

STATE OF TEXAS PLEA AGREEMENT

Court: [DISTRICT / COUNTY CRIMINAL COURT], [COUNTY] County, Texas
Cause No.: [CAUSE NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME]

This template must be conformed to the court's current plea papers, the offense-specific punishment statutes, and every applicable enhancement or collateral consequence.

1. Charges and Plea

Defendant agrees to plead [GUILTY / NOLO CONTENDERE] to:

In exchange, the State agrees to:

• ☐ dismiss the following count(s) or allegation(s): [________________________________];
• ☐ amend the charging instrument as follows: [________________________________];
• ☐ recommend the punishment stated below; and
• ☐ take this other identified action: [________________________________].

No promise exists outside this writing and the disclosures made in open court.

2. Type and Terms of Bargain

Select the accurate description:

• ☐ charge bargain only;
• ☐ punishment bargain;
• ☐ charge-and-punishment bargain; or
• ☐ no agreed punishment; the State will make only the stated recommendation.

The parties disclose the following complete punishment terms:

Article 26.13 requires the Court to inquire whether a plea-bargain agreement exists and to require its disclosure in open court before the plea. The prosecutor's punishment recommendation is not binding on the Court.

3. Court Action on the Bargain

The Court may accept or reject the disclosed agreement. If the Court rejects it, Article 26.13 permits Defendant to withdraw the plea. The Court must also inquire, as applicable, whether a victim-impact statement was returned and whether the prosecutor gave the required notice of the agreement and conferred with the victim, guardian, or close relative identified in Article 26.13(e), as amended effective September 1, 2025.

Court's action:

• ☐ agreement accepted;
• ☐ agreement rejected and Defendant permitted to withdraw the plea; or
• ☐ decision deferred as permitted by law and local procedure.

4. Admonitions, Voluntariness, and Trial Rights

Before accepting the plea, the Court must give the current Article 26.13 admonitions, including the applicable punishment range and the nonbinding nature of the prosecutor's punishment recommendation, and must determine that Defendant is mentally competent and that the plea is free and voluntary.

Defendant understands and waives through the plea the rights identified by the Court, including the rights to plead not guilty, a jury trial, confrontation and cross-examination, compulsory process, and the privilege against self-incrimination.

In a felony case, counsel must also complete the written jury waiver and obtain the consents required by Article 1.13. Article 1.15 independently requires evidence in the record showing guilt; a plea agreement or judicial confession must be handled consistently with that requirement.

Offense-specific punishment range and mandatory consequences:
[____________________________________________________________]

5. Factual Support

The State will offer evidence sufficient to satisfy Article 1.15 when that article applies. The proposed factual support is:

[____________________________________________________________]

[____________________________________________________________]

Defendant and counsel understand that the Court, not this writing alone, determines whether the legal requirements for accepting the plea and entering judgment are satisfied.

6. Appeal and Post-Conviction Review

Texas Rule of Appellate Procedure 25.2(a)(2) limits an appeal in a plea-bargain case in which the punishment did not exceed the prosecutor's recommendation to matters raised by written motion filed and ruled on before trial or matters for which the trial court gives permission to appeal. The trial court must complete its certification of Defendant's right of appeal.

This template does not impose a blanket waiver of appeal, habeas corpus, ineffective-assistance claims, or other collateral remedies. Any separately negotiated waiver must be written precisely, reviewed for current enforceability, and addressed by the Court.

Matter preserved or permission requested, if any:
[____________________________________________________________]

7. Additional Case-Specific Obligations

• ☐ Defendant will appear as ordered and comply with existing release conditions.
• ☐ Defendant will provide the following specifically described cooperation: [________________________________].
• ☐ The State will refrain from prosecuting only these identified matters: [________________________________].
• ☐ Other lawful term: [________________________________].

No alleged breach creates an automatic remedy. A party alleging breach must request a judicial determination. Use of plea discussions, reinstatement of charges, withdrawal of a plea, or a different sentencing position is permitted only to the extent authorized by the written agreement and applicable law.

8. Complete Agreement

This writing and the terms disclosed on the record constitute the complete agreement. Any amendment must be written or placed on the record, agreed to by the required parties, and accepted by the Court when Court approval is required.

Electronic signatures or counterparts may be used only when accepted by current statewide and local filing procedures.

9. Signatures

Defendant

I have read this Agreement, or it has been read to me. I have discussed it with counsel, understand it, and enter my plea voluntarily.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Counsel

I have reviewed the charges, punishment exposure, rights, plea consequences, and complete agreement with Defendant.

________________________________________
[DEFENSE COUNSEL NAME], State Bar No. [____]
Date: ______________________

Prosecutor

________________________________________
[PROSECUTOR NAME], [DISTRICT / COUNTY] Attorney's Office
Date: ______________________

Court

The Court has conducted the required proceedings and acts on the agreement as marked in Section 3.

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• Texas Legislature, Code of Criminal Procedure, Chapter 26 — https://statutes.capitol.texas.gov/Docs/CR/htm/CR.26.htm
• Texas Legislature, Code of Criminal Procedure, Articles 1.13 and 1.15 — https://statutes.capitol.texas.gov/Docs/CR/htm/CR.1.htm
• Texas Legislature, Code of Criminal Procedure, Article 42.037 — https://statutes.capitol.texas.gov/GetStatute.aspx?Code=CR&Value=42.037
• Texas Legislature, S.B. 761 (89th Leg., R.S.), enrolled text (Article 26.13(e), effective Sept. 1, 2025) — https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00761F.htm
• Texas Judiciary, Texas Rules of Appellate Procedure, Rule 25.2 — https://www.txcourts.gov/media/1461885/texas-rules-of-appellate-procedure.pdf
• Texas Judiciary, Trial Court's Certification of Defendant's Right of Appeal — https://www.txcourts.gov/media/1442877/roa-1118.pdf