Filling out an affidavit of non-prosecution in Texas is pretty straight-forward. It should state that the victim doesn't want to cooperate or prosecute.How to file an affidavit of non prosecution in Texas? I understand I have the right to counsel to advise me before I sign this affidavit. I have exercised that right or am giving up that right. In general, Texas has very few official legal forms. This is why you will not always find a free fill-in-the-blank form for your situation.