CHAPTER 43. DISTRICT ATTORNEYS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE C. PROSECUTING ATTORNEYS
CHAPTER 43. DISTRICT ATTORNEYS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 43.002. BOND. (a) Before assuming the duties of the
office, a district attorney must give a bond that:
(1) is payable to the governor;
(2) is in the sum of $5,000;
(3) has two or more good and sufficient sureties;
(4) is approved by the district judge; and
(5) is conditioned that the district attorney will, in the
manner prescribed by law, faithfully pay over all money that he
collects or that comes into his hands for the state or a county.
(b) Each district attorney's bond shall be deposited in the
office of the comptroller of public accounts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.003. FAILURE TO ATTEND COURT. If a district attorney
fails to attend any term of the district court of a county in the
district, the district clerk shall certify that failure to the
comptroller of public accounts. Unless a satisfactory reason for
the failure is shown to the comptroller, the district attorney
may not receive salary for the time the district attorney failed
to attend.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.004. EXPENSES. (a) A district attorney engaged in the
discharge of official duties in a county other than the district
attorney's county of residence is entitled to traveling and other
necessary expenses, as provided by Chapter 660.
(b) A district attorney is entitled to receive from the state
the actual and necessary postage, telegraph, and telephone
expenses incurred in the discharge of official duties.
(c) The expenses shall be paid by the state on a sworn itemized
account showing the expenses.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(105), eff.
Sept. 1, 1995.
SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC DISTRICTS
Sec. 43.101. 1ST JUDICIAL DISTRICT. The voters of Sabine and
San Augustine counties elect a district attorney for the 1st
Judicial District who represents the state in that district court
only in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 739, Sec. 1, eff. Sept. 1,
1997.
Sec. 43.102. 2ND JUDICIAL DISTRICT. The voters of the 2nd
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.104. 8TH JUDICIAL DISTRICT. The voters of Delta,
Franklin, and Hopkins counties elect a district attorney for the
8th Judicial District who represents the state in that district
only in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 11(b),
eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 917, Sec. 1, eff.
Sept. 1, 1999.
Sec. 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of
Montgomery County elect a district attorney for the 9th Judicial
District who represents the state in that district court only in
that county. The district attorney also acts as district attorney
for the 410th Judicial District in Montgomery County.
(b) The district attorney shall represent the state in
misdemeanor criminal cases pending in the district and inferior
courts of the county.
(c) The district attorney, with the approval of the
Commissioners Court of Montgomery County, may appoint the
assistant district attorneys, investigators, secretaries, and
other employees necessary to carry out the duties of the office
of district attorney.
(d) An investigator appointed by the district attorney is not
required to be a licensed attorney.
(e) The salary of each employee of the district attorney is
fixed by the Commissioners Court of Montgomery County. The
district attorney, assistant district attorneys, and
investigators employed by the district attorney may be allowed
the actual and necessary travel expenses incident to carrying out
the duties of the district attorney, subject to the approval of
the district attorney. This subsection does not apply to the
portion of compensation or travel expenses paid by the state to
the district attorney or his employees.
(f) The salary and expenses of the employees of the district
attorney must be paid by the county at the regular pay period of
the county from the officers' salary fund of the county, the
general fund of the county, or both, at the discretion of the
commissioners court.
(g) The compensation paid by the county to an employee of the
district attorney or set for a position on the staff of the
district attorney may not be less than the compensation paid by
the county to the person or set for the position on June 14,
1973.
(h) The commissioners court may accept gifts and grants from an
individual, partnership, corporation, trust, foundation,
association, or political subdivision to finance adequate and
effective prosecution, crime prevention, or rehabilitation
programs in the county or district approved and administered by
the district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 60, Sec. 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 655, Sec. 2.01, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 565, Sec. 1, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 704, Sec. 5, eff. Jan. 1, 1997; Acts
1999, 76th Leg., ch. 911, Sec. 1, eff. Jan. 1, 2001.
Sec. 43.106. 12TH JUDICIAL DISTRICT. (a) The voters of Leon
County elect a district attorney for the 12th Judicial District
who represents the state in that district court only in Leon
County.
(b) The district attorney of the 12th Judicial District also
represents the state in all criminal and civil actions in which
the state is interested that arise in the 87th Judicial District
in Leon County.
(c) The district attorney may, with the consent of the
Commissioners Court of Leon County, appoint a deputy district
attorney.
(d) The Commissioners Court of Leon County shall pay the salary
and traveling expenses of the deputy district attorney from the
officers' salary fund. The salary shall be paid in equal monthly
installments and expense claims shall be paid at the end of each
month. The salary is subject to participation fully in the Texas
County and District Retirement System.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 704, Sec. 24, eff. Jan. 1,
1997; Acts 1997, 75th Leg., ch. 226, Sec. 1, eff. Sept. 1, 1997.
Sec. 43.107. 18TH JUDICIAL DISTRICT. The voters of the 18th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of
Washington and Burleson counties elect a district attorney for
the 21st Judicial District who represents the state in that
district court only in those counties.
(b) The district attorney also represents the state and performs
the duties of district attorney before the 335th District Court
in Washington and Burleson counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.50(a), eff.
Sept. 1, 1987; Acts 2003, 78th Leg., ch. 665, Sec. 1, eff. June
20, 2003.
Sec. 43.110. 23RD JUDICIAL DISTRICT. (a) The voters of
Matagorda County elect a district attorney for the 23rd Judicial
District who represents the state in that district court only in
that county.
(b) The district attorney also represents the state and performs
the duties of district attorney before all the district courts in
Matagorda County.
(c) The commissioners courts of the counties comprising the
district may supplement the salary of the district attorney so
that the total annual salary of the district attorney is not less
than $12,000. The supplemental salary must be paid by each county
proportionately according to the population of each county. The
supplemental salary must be paid from the officers' salary funds
of the counties, if those funds are adequate. If the officers'
salary fund of a county is inadequate, the commissioners court
shall transfer the necessary amount from the general fund of the
county to the officers' salary fund.
(d) The district attorney also handles all:
(1) felony and misdemeanor criminal matters in all of the courts
in Matagorda County; and
(2) juvenile matters under Title 3, Family Code, in all of the
courts in Matagorda County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 457, Sec. 1, eff. Sept. 1,
1995.
Sec. 43.111. 24TH JUDICIAL DISTRICT. (a) The voters of DeWitt,
Goliad, and Refugio counties elect a district attorney for the
24th Judicial District who represents the state in that district
court only in those counties.
(b) The district attorney also represents the state in all cases
before the 135th Judicial District Court in DeWitt, Goliad, and
Refugio counties.
(c) The commissioners courts of DeWitt, Goliad, and Refugio
counties may supplement the state salary of the district attorney
in the amount they consider proper. The supplemental compensation
must be paid in equal monthly installments in proportion to the
population of those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.112. 25TH JUDICIAL DISTRICT. The voters of Gonzales,
Guadalupe, and Lavaca counties elect a district attorney for the
25th Judicial District who represents the state in that district
court only in those counties. In addition to exercising the
duties and authority conferred on district attorneys by general
law, the district attorney represents the state in all criminal
cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1448, Sec. 1, eff. Sept. 1,
1997.
Sec. 43.113. 26TH JUDICIAL DISTRICT. The voters of the 26th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.114. 27TH JUDICIAL DISTRICT. (a) The voters of Bell
County elect a district attorney for the 27th Judicial District
who represents the state in the district courts having
jurisdiction in that county.
(b) An investigator appointed by the district attorney is not
required to be a licensed attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 4, eff.
Sept. 1, 1991.
Sec. 43.115. 29TH JUDICIAL DISTRICT. (a) The voters of the
29th Judicial District elect a district attorney.
(b) The commissioners court of a county in the 29th Judicial
District may accept gifts and grants from any political
subdivision to finance adequate and effective prosecution
programs within the county or district. A municipality in the
county or district may allocate or grant money, in amounts
approved by the governing body of the municipality, for the
support and maintenance of an effective prosecution program.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.117. 31ST JUDICIAL DISTRICT. The voters of the 31st
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 91, Sec. 1, eff. Aug. 30,
1993.
Sec. 43.118. 32ND JUDICIAL DISTRICT. The voters of the 32nd
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.119. 33RD JUDICIAL DISTRICT. The voters of Blanco,
Burnet, Llano, and San Saba Counties elect a district attorney
for the 33rd and 424th Judicial Districts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 12, eff. September 1, 2007.
Sec. 43.120. 34TH JUDICIAL DISTRICT. (a) The voters of
Culberson, Hudspeth, and El Paso counties elect a district
attorney for the 34th Judicial District.
(b) The district attorney for the 34th Judicial District also
acts as district attorney for the 41st, 65th, 120th, and 171st
judicial districts, the 394th Judicial District in Culberson and
Hudspeth counties, and represents the state in all criminal cases
before every district court having jurisdiction in El Paso
County.
(c) The district attorney represents the state in all criminal
cases pending in the inferior courts having jurisdiction in El
Paso County.
(d) The commissioners courts of Culberson and Hudspeth Counties
shall each pay to El Paso County the budgeted prosecution costs,
which may not exceed a total of $90,000 for Culberson and
Hudspeth Counties per fiscal year, for the preparation and
conduct of criminal affairs of the district attorney's office,
including compensation for assistants and other employees of the
district attorney, applicable to their respective county. Each
year the district attorney's office shall:
(1) prepare a budget and financial statement for the upcoming
fiscal year; and
(2) file the budget and financial statement with the
commissioners courts of Hudspeth and Culberson Counties.
(d-1) The budget and financial statement required by Subsection
(d) must contain:
(1) the budgeted prosecution costs for Culberson and Hudspeth
Counties, with the costs for each county listed separately; and
(2) any additional information considered appropriate by the
district attorney or required by the commissioners court of
Culberson or Hudspeth County.
(d-2) Hudspeth and Culberson Counties shall remit one-fourth of
the budgeted prosecution costs applicable to the respective
county to El Paso County not later than the last day of each
fiscal quarter.
(e) For the purpose of conducting his office, the district
attorney may appoint two first assistant district attorneys, or
one first assistant district attorney and one first assistant
administrative district attorney, and the other assistant
district attorneys that are necessary to the proper performance
of the district attorney's duties.
(f) El Paso County is responsible for managing the funds
expended by the district attorney for the preparation and conduct
of criminal affairs of the district attorney's office, including
funds to compensate assistants and other employees of the
district attorney. Hudspeth and Culberson Counties shall remit
one-fourth of the budgeted funds to El Paso County not later than
the last day of each fiscal quarter. The Commissioners Court of
El Paso County must approve the number of assistants and other
employees appointed by the district attorney and the amount of
compensation of those employees.
(g) Nothing in this section prevents El Paso County from
entering into an interlocal agreement with Culberson or Hudspeth
County in lieu of budgeting costs as provided by this section or
Section 140.003, Local Government Code. An interlocal agreement
under this subsection may not exceed $90,000 per fiscal year.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 493, Sec. 1, eff. Oct. 1,
1993; Acts 1995, 74th Leg., ch. 704, Sec. 21, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 13(a), eff. October 1, 2007.
Sec. 43.121. 35TH JUDICIAL DISTRICT. (a) The voters of the
35th Judicial District elect a district attorney.
(b) Repealed by Acts 1999, 76th Leg., ch. 1027, Sec. 1, eff.
Sept. 1, 1999.
(c) Repealed by Acts 1993, 73rd Leg., ch. 819, Sec. 4, eff.
Sept. 1, 1993.
(d) The district attorney also performs the duties of the county
attorney of Brown County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.52(a), eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 892, Sec. 1, eff. Jan.
1, 1989; Acts 1989, 71st Leg., ch. 2, Sec. 16.01(22), eff. Aug.
28, 1989; Acts 1993, 73rd Leg., ch. 819, Sec. 4, eff. Sept. 1,
1993; Acts 1999, 76th Leg., ch. 1027, Sec. 1, eff. Sept. 1, 1999.
Sec. 43.122. 36TH JUDICIAL DISTRICT. The voters of Aransas and
San Patricio counties elect a district attorney for the 36th
Judicial District who represents the state in that district court
only in those counties. In addition to exercising the duties and
authority conferred on district attorneys by general law, the
district attorney represents the state in all criminal cases in
the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.123. 38TH JUDICIAL DISTRICT. The voters of the 38th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.124. 39TH JUDICIAL DISTRICT. The voters of the 39th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.1243. 42ND JUDICIAL DISTRICT. (a) The voters of
Coleman County elect a district attorney for the 42nd Judicial
District who represents the state in that district court only in
Coleman County.
(b) The Coleman County district attorney shall perform all of
the duties in Coleman County required by district attorneys by
general law and shall represent the state in criminal cases
pending in the district court of the county. The district
attorney has control of any case heard on habeas corpus before
any civil district or criminal court of the county.
(c) The district attorney has all of the powers, duties, and
privileges in Coleman County relating to criminal matters for and
on behalf of the state that are conferred on district attorneys
in other counties and districts.
(d) The comptroller of public accounts shall pay directly to the
district attorney of Coleman County a salary equal to the salary
authorized by the General Appropriations Act for a district
attorney. The salary shall be paid in equal monthly installments
on the first day of each month.
(e) The Commissioners Court of Coleman County may supplement the
district attorney's salary in an amount to be set by the
commissioners court.
(f) The district attorney shall collect the fees, commissions,
and perquisites that are provided by law for similar services
rendered by district or county attorneys.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 5, eff.
Sept. 1, 1991.
Sec. 43.125. 43RD JUDICIAL DISTRICT. The voters of the 43rd
Judicial District elect a district attorney who represents the
state in all cases before the 43rd and 415th district courts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 1306, Sec. 3(c), eff. Sept.
1, 2005.
Sec. 43.126. 46TH JUDICIAL DISTRICT. The voters of the 46th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.127. 47TH JUDICIAL DISTRICT. (a) The voters of
Armstrong and Potter counties elect a district attorney for the
47th Judicial District who represents the state in that district
court only in those counties.
(b) The district attorney of the 47th Judicial District also
acts as the district attorney for the 108th Judicial District.
(c) The district attorney also represents the state in all
criminal cases before the district courts of Potter and Armstrong
counties.
(d) The number of assistants and other office personnel employed
by the district attorney and the compensation of the personnel
are subject to the approval of the Commissioners Court of Potter
County.
(e) The Commissioners Court of Potter County may pay the
salaries of the office personnel of the district attorney from
the officers' salary fund, the general fund, any other available
fund, or any combination of those funds.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.128. 49TH JUDICIAL DISTRICT. (a) The voters of the
49th Judicial District elect a district attorney.
(b) The district attorney represents the state in all criminal
cases in Webb County.
(c) The district attorney also represents the state in the 111th
District Court in all criminal cases and in all other matters in
which the state is a party.
(d) Repealed by Acts 1987, 70th Leg., ch. 1045, Sec. 3, eff.
Sept. 1, 1987.
(e) The commissioners court of any county in the district may
provide the salary of any member of the district attorney's staff
and may prescribe as a qualification for retaining a job that a
member of the staff reside in the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 1045, Sec. 3, eff. Sept. 1,
1987.
Sec. 43.129. 50TH JUDICIAL DISTRICT. The voters of the 50th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.130. 51ST JUDICIAL DISTRICT. (a) The voters of the
51st Judicial District elect a district attorney who represents
the state in all criminal and habeas corpus cases in that
district court.
(b) The district attorney of the 51st Judicial District may
request the district attorney of the 119th Judicial District to
assist in the trial of a criminal or habeas corpus case in Tom
Green County. The district attorney of the 51st Judicial District
has absolute control and management of those cases.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.131. 52ND JUDICIAL DISTRICT. The voters of the 52nd
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.132. 53RD JUDICIAL DISTRICT. (a) The voters of the
53rd Judicial District elect a district attorney. In addition to
performing the other duties provided by law for district
attorneys, the district attorney represents the state in all
criminal cases before all the district courts of Travis County.
(b) The Commissioners Court of Travis County may supplement the
salaries paid by the state to the assistant district attorneys
and to the district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.53, eff. Sept.
1, 1987; Acts 1993, 73rd Leg., ch. 819, Sec. 3, eff. Sept. 1,
1993.
Sec. 43.133. 63RD JUDICIAL DISTRICT. (a) The voters of the
63rd Judicial District elect a district attorney.
(b) The district attorney for the 63rd Judicial District also
acts as district attorney for the 83rd Judicial District in
Terrell and Val Verde counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1337, Sec. 18, eff. Sept. 1,
1999.
Sec. 43.134. 64TH JUDICIAL DISTRICT. (a) The voters of Hale
County elect a district attorney for the 64th Judicial District
who represents the state in that district court only in Hale
County.
(b) The district attorney also represents the state in all
criminal cases before the county court and the justice courts in
Hale County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 198, Sec. 1, eff. May 27,
1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
787, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 16(a), eff. September 1, 2009.
Sec. 43.135. 66TH JUDICIAL DISTRICT. The voters of the 66th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.136. 69TH JUDICIAL DISTRICT. (a) The voters of the
69th Judicial District elect a district attorney.
(b) Any commissioners court in the district may supplement the
state salary of the district attorney in an amount set by the
commissioners court. In addition, a commissioners court may
compensate the district attorney for the prosecution of
misdemeanors in the manner and amount determined by the
commissioners court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.54(a), eff.
Sept. 1, 1987.
Sec. 43.137. 70TH JUDICIAL DISTRICT. (a) The voters of the
70th Judicial District elect a district attorney.
(b) The district attorney of the 70th Judicial District shall
also act as district attorney for the 161st Judicial District.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.138. 76TH JUDICIAL DISTRICT. The voters of Titus and
Camp counties elect a district attorney for the 76th Judicial
District who represents the state in all matters pending before
the district court in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.139. 79TH JUDICIAL DISTRICT. (a) The voters of the
79th Judicial District elect a district attorney.
(b) The commissioners courts of the counties comprising the
district may supplement the state salary of the district attorney
in the amount of $2,500 a year. The commissioners court of each
county in the district shall pay a proportionate share of the
supplemental salary according to the population of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.140. 81ST JUDICIAL DISTRICT. The voters of the 81st
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
Brewster, Jeff Davis, Pecos, and Presidio counties elect a
district attorney for the 83rd Judicial District.
(b) The district attorney for the 83rd district also acts as
district attorney for the 394th Judicial District in Brewster,
Jeff Davis, and Presidio counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 704, Sec. 22, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 797, Sec. 2, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 24, Sec. 2, eff. Sept. 1, 2003.
Sec. 43.142. 84TH JUDICIAL DISTRICT. (a) The voters of
Hansford and Hutchinson counties elect a district attorney for
the 84th Judicial District who represents the state in that
district court only in those counties.
(b) The district attorney may appoint an assistant district
attorney with the approval of the commissioners courts of the
counties comprising the district.
(c) The salary and expenses of the assistant district attorney
shall be paid by the counties comprising the district in
proportion to the population of the counties. The salary shall be
paid in equal monthly installments. Expense claims shall be paid
at the end of each month on the approval of the district
attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.143. 85TH JUDICIAL DISTRICT. (a) The voters of the
85th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the
Commissioners Court of Brazos County, may appoint the assistant
district attorneys, investigators, stenographers, secretaries,
clerks, and other personnel that he considers necessary to carry
out the duties of the office.
(c) An investigator appointed by the district attorney must take
the constitutional oath of office when appointed.
(d) The Commissioners Court of Brazos County may accept gifts
and grants from any individual, partnership, corporation, trust,
foundation, association, or political subdivision for the purpose
of financing adequate and effective prosecution, crime
prevention, or rehabilitation programs within the county or
district that are approved by the district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.144. 88TH JUDICIAL DISTRICT. The voters of Hardin
County elect a district attorney for the 88th Judicial District.
The district attorney acts as district attorney in Hardin County
only.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 1352, Sec. 2, eff. Sept. 1,
1997.
Sec. 43.145. 90TH JUDICIAL DISTRICT. The voters of the 90th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.146. 97TH JUDICIAL DISTRICT. (a) The voters of the
97th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the
commissioners courts of the counties comprising the district, may
appoint assistants, investigators, and office personnel as he
considers necessary.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.147. 100TH JUDICIAL DISTRICT. The voters of the 100th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of Nueces
County elect a district attorney for the 105th Judicial District
who has the same powers and duties as other district attorneys
and serves all the district, county, and justice courts of Nueces
County.
(b) The district attorney shall attend each term and session of
the district, county, and justice courts of Nueces County and
shall represent the state in criminal cases pending in those
courts. The district attorney has control of any case heard on
petition of writ of habeas corpus before any district or inferior
court in the district.
(c) The commissioners court of Nueces County may supplement the
state salary of the district attorney. The amount of the
supplement may not exceed $12,000 a year. The supplemental
salary may be paid from the officers' salary fund of the county.
If that fund is inadequate, the commissioners court may transfer
the necessary funds from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 387, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 14, eff. September 1, 2007.
Sec. 43.149. 106TH JUDICIAL DISTRICT. The voters of the 106th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.150. 109TH JUDICIAL DISTRICT. The voters of Crane and
Winkler counties elect a district attorney for the 109th Judicial
District who represents the state in that district court only in
those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
318, Sec. 3, eff. September 1, 2007.
Sec. 43.151. 110TH JUDICIAL DISTRICT. (a) The voters of the
110th Judicial District elect a district attorney.
(b) The commissioners court of Briscoe or Dickens County may
supplement the state salary of the district attorney in an amount
set by the commissioners court. The commissioners court may pay
the supplemental salary from the officers' salary fund, the
general fund, any other available fund, or any combination of
those funds.
(c) If there is no county attorney in Briscoe, Dickens, Floyd,
or Motley County, the district attorney may perform the duties of
county attorney for the county. The commissioners court of the
county in which the district attorney is performing the duties of
county attorney may compensate the district attorney for the
prosecution of misdemeanors in the county. The commissioners
court shall determine the amount of the compensation and the
manner of its payment.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 936, Sec. 1, eff. June 20,
1987; Acts 1990, 71st Leg., 6th C.S., ch. 18, Sec. 1, eff. June
18, 1990.
Sec. 43.152. 112TH JUDICIAL DISTRICT. The voters of the 112th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
80, Sec. 2, eff. September 1, 2005.
Sec. 43.153. 118TH JUDICIAL DISTRICT. (a) The voters of the
118th Judicial District elect a district attorney.
(b) The district attorney also represents the state in all
criminal cases before the County Court of Glasscock County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.154. 119TH JUDICIAL DISTRICT. (a) The voters of the
119th Judicial District elect a district attorney who represents
the state in all criminal and habeas corpus cases in that
district court.
(b) The district attorney of the 119th Judicial District may
request the district attorney of the 51st Judicial District to
assist in the trial of a criminal or habeas corpus case before
the 119th District Court. The district attorney of the 119th
Judicial District has absolute control and management of those
cases.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.155. 123RD JUDICIAL DISTRICT. The voters of Shelby
County elect a district attorney for the 123rd Judicial District
who represents the state in that district only in that county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 6, eff.
Jan. 1, 1993.
Sec. 43.156. 132ND JUDICIAL DISTRICT. (a) The voters of the
132nd Judicial District elect a district attorney.
(b) The commissioners court of one or more of the counties
comprising the district may supplement the state salary of the
district attorney. The supplement may not exceed $3,000 a year.
The supplemental salary may be paid from the officers' salary
fund of the county, if adequate. If the officers' salary fund of
a county is inadequate, the commissioners court may transfer the
necessary funds from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.157. 142ND JUDICIAL DISTRICT. (a) The voters of the
142nd Judicial District elect a district attorney.
(b) The district attorney represents the state in criminal cases
in all district and inferior courts other than municipal courts
having jurisdiction in Midland County.
(c) The district attorney has all of the powers, duties, and
privileges conferred by law on district and prosecuting attorneys
relating to:
(1) the prosecution of felony and misdemeanor criminal cases;
(2) matters directly relating to criminal cases, including asset
and bond forfeitures; and
(3) delinquent children, children in need of supervision, and
protective orders under Chapter 71, Family Code.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 811, Sec. 2, eff. Sept. 1,
1989; Acts 1997, 75th Leg., ch. 465, Sec. 1, eff. Sept. 1, 1997.
Sec. 43.158. 143RD JUDICIAL DISTRICT. The voters of the 143rd
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.159. 145TH JUDICIAL DISTRICT. (a) The voters of the
145th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the
Commissioners Court of Nacogdoches County, may appoint the
assistant district attorneys, investigators, and stenographers
that are necessary to carry out the duties of the office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.161. 156TH JUDICIAL DISTRICT. The voters of Bee, Live
Oak, and McMullen counties elect a district attorney for the
156th Judicial District who represents the state in that district
court only in those counties. In addition to exercising the
duties and authority conferred on district attorneys by general
law, the district attorney shall also represent the state in all
criminal cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 16, Sec. 1, eff. April 25,
1997; Acts 2003, 78th Leg., ch. 751, Sec. 1, eff. Sept. 1, 2003.
Sec. 43.162. 159TH JUDICIAL DISTRICT. (a) The voters of the
159th Judicial District elect a district attorney.
(b) Subject to the approval of the Commissioners Court of
Angelina County, the district attorney may appoint investigators,
court reporters, stenographers, secretaries, and other employees
as he considers adequate and necessary to conduct the affairs of
the office.
(c) An investigator appointed by the district attorney must take
the constitutional oath of office when appointed.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.163. 173RD JUDICIAL DISTRICT. (a) The voters of
Henderson County elect a district attorney for the 173rd Judicial
District who represents the state in all cases in the district
courts having jurisdiction in that county.
(b) The district attorney, with the approval of the
Commissioners Court of Henderson County, may appoint assistants,
investigators, and office personnel as he considers necessary.
(c) An investigator appointed by the district attorney must take
the constitutional oath of office when appointed.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.164. 196TH JUDICIAL DISTRICT. The voters of the 196th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.165. 198TH JUDICIAL DISTRICT. (a) The voters of the
198th Judicial District elect a district attorney who represents
the state in all matters before that district court.
(b) The district attorney of the 198th Judicial District and the
district attorneys of the other judicial districts within that
district shall assist each other in the conduct of their duties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.166. 216TH JUDICIAL DISTRICT. The voters of the 216th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.167. 220TH JUDICIAL DISTRICT. The voters of the 220th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.168. 229TH JUDICIAL DISTRICT. The voters of the 229th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.169. 235TH JUDICIAL DISTRICT. The voters of the 235th
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.170. 253RD JUDICIAL DISTRICT. (a) The voters of
Liberty County elect a district attorney for the 253rd Judicial
District who represents the state in that district only in that
county and in all cases before the 75th District Court.
(b) The Commissioners Court of Liberty County may supplement the
state salary of the district attorney. The supplemental
compensation may not exceed $5,000 a year. The supplemental
compensation must be paid from the officers' salary fund of the
county. If the officers' salary fund of a county is not
adequate, the commissioners court may transfer the necessary
amount from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch.
734, Sec. 1, eff. January 1, 2009.
Sec. 43.171. 258TH JUDICIAL DISTRICT. (a) The voters of
Trinity County elect a district attorney for the 258th Judicial
District who represents the state in that district court only in
that county.
(b) The district attorney of the 258th Judicial District also
acts as district attorney for the 411th Judicial District in
Trinity County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 60, Sec. 2, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 655, Sec. 1.02, 2.02, eff. Sept.
1, 1987; Acts 1989, 71st Leg., ch. 122, Sec. 1, eff. Jan. 1,
1990; Acts 1995, 74th Leg., ch. 704, Sec. 6, eff. Jan. 1, 1997;
Acts 2003, 78th Leg., ch. 1257, Sec. 1, eff. June 20, 2003.
Sec. 43.172. 259TH JUDICIAL DISTRICT. The voters of the 259th
Judicial District elect a district attorney. In addition to
exercising the duties and authority provided by general law for
district attorneys, the district attorney represents the state in
all felony cases before the 259th District Court in Jones and
Shackelford counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.173. 266TH JUDICIAL DISTRICT. The voters of the 266th
Judicial District elect a district attorney who represents the
state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.174. 271ST JUDICIAL DISTRICT. The voters of the 271st
Judicial District elect a district attorney who represents the
state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.175. 286TH JUDICIAL DISTRICT. The voters of the 286th
Judicial District elect a district attorney who represents the
state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.176. 287TH JUDICIAL DISTRICT. The voters of the 287th
Judicial District elect a district attorney who represents the
state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of the
293rd Judicial District elect a district attorney who represents
the state in all cases before that district court.
(b) The commissioners court of one or more of the counties
comprising the district may supplement the state salary of the
district attorney. The commissioners court of each county may set
the amount of supplemental compensation paid by that county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 286, Sec. 1, eff. June 14,
1989.
Sec. 43.1775. 329TH JUDICIAL DISTRICT. (a) The voters of the
329th Judicial District elect a district attorney.
(b) The district attorney represents the state and performs the
duties of prosecutor in all criminal matters before the district
and county courts in Wharton County.
(c) At the request of the county attorney, the district attorney
may assist the county attorney in the prosecution of juvenile
cases under Title 3, Family Code.
Added by Acts 1995, 74th Leg., ch. 457, Sec. 2, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 477, Sec. 1, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 51, Sec. 1, eff. Sept.
1, 2003.
Sec. 43.1777. 344TH JUDICIAL DISTRICT. (a) The voters of the
344th Judicial District elect a district attorney who represents
the state in cases before the district courts of Chambers County.
(b) The Commissioners Court of Chambers County may supplement
the state salary of the district attorney. The supplemental
compensation may not exceed $5,000 a year.
Added by Acts 2005, 79th Leg., Ch.
734, Sec. 2, eff. January 1, 2009.
Sec. 43.178. 349TH JUDICIAL DISTRICT. (a) The voters of
Houston County elect a district attorney for the 349th Judicial
District who represents the state in all cases before that
district court only in that county.
(b) The district attorney, with the approval of the
Commissioners Court of Houston County, may appoint the necessary
assistants, investigators, and personnel for the office.
(c) The salaries of the staff of the district attorney and the
operating expenses of the office of the district attorney must be
paid from the general fund of the county.
(d) An investigator appointed by the district attorney must take
the constitutional oath of office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 43.179. 355TH JUDICIAL DISTRICT. The voters of the 355th
Judicial District elect a district attorney who represents the
state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.56, eff. Sept.
1, 1987.
Sec. 43.180. HARRIS COUNTY DISTRICT ATTORNEY. (a) The voters
of Harris County elect a district attorney.
(b) The district attorney shall attend each term and session of
the district courts of Harris County. The district attorney shall
represent the state in criminal cases pending in the district and
inferior courts of the county. The district attorney has control
of any case heard on habeas corpus before any civil district
court or criminal court of the county.
(c) The district attorney has all the powers, duties, and
privileges in Harris County relating to criminal matters for and
in behalf of the state that are conferred on district attorneys
in the various counties and districts.
(d) The allocation formerly made under Section 6(a), Chapter
465, Acts of the 44th Legislature, 2nd Called Session, 1935
(Article 3912e, Vernon's Texas Civil Statutes), now codified as
Section 154.008, Local Government Code, to the criminal district
attorney of Harris County shall be made and allocated on the same
basis to the district attorney in the General Appropriations Act.
(e) The Commissioners Court of Harris County shall pay the
district attorney a salary of not less than $35,000 a year. The
county salary shall be paid in equal monthly installments.
(f) At the option of the district attorney, the comptroller of
public accounts shall pay directly to the district attorney a
salary equal to the salary authorized by the General
Appropriations Act for a district attorney. The salary shall be
paid in equal monthly installments on the first day of each
month. If the district attorney receives a salary from the state
under this subsection, the amount of the salary shall be deducted
from the amount to be paid to Harris County under Subchapter C,
Chapter 41. The total compensation of the district attorney from
all sources may not be less than the salary of the district
attorney paid by the county in effect on August 29, 1977.
(g) The district attorney may not engage in the private practice
of law whether or not he is compensated for his services.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 149, Sec. 37, eff. Sept. 1,
1987.
Sec. 43.181. 268TH JUDICIAL DISTRICT. (a) The voters of the
268th Judicial District elect a district attorney.
(b) The district attorney shall attend each term and session of
the district courts in Fort Bend County and, unless otherwise
provided by law, shall represent the state in all felony and
misdemeanor criminal cases and matters directly relating to
criminal cases in all the courts of the county, including any
asset forfeitures related to criminal activities, and bond
forfeiture proceedings through judgment other than collection of
a final judgment on a bond forfeiture.
(c) The district attorney has the powers, duties, and privileges
in Fort Bend County relating to family law and juvenile matters,
except as provided by Subsection (f-1), protective orders under
Title 4, Family Code, orders under Chapter 159, Family Code, and
proceedings under Title 3, Family Code.
(d) The district attorney has no power, duty, or privilege in
Fort Bend County relating to a quo warranto or removal from
office proceeding, except that if the county attorney fails or
refuses to act in a removal case, the district attorney has the
power, duty, and privilege to bring a removal from office action
or a quo warranto proceeding.
(e) Except as provided by Subsections (c) and (g), the district
attorney has no power, duty, or privilege to represent this
state, Fort Bend County, or the officials of Fort Bend County in
any civil matter pending before any court.
(f) Except as provided by the Code of Criminal Procedure, the
district attorney has no power, duty, or privilege in Fort Bend
County relating to a civil commitment matter under Subtitle C,
Title 7, Health and Safety Code, for and on behalf of the state.
(f-1) The district attorney has no power, duty, or privilege in
Fort Bend County relating to a matter involving children's
protective services.
(g) At the request of the county attorney, the district attorney
may assist the county attorney in civil matters in Fort Bend
County.
(h) The district attorney shall, with the approval of the
commissioners court, appoint the assistant district attorneys and
other assistants necessary to the proper performance of the
district attorney's duties. The commissioners court shall set the
salary of an assistant to the district attorney.
Added by Acts 1989, 71st Leg., ch. 1099, Sec. 1, eff. Jan. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 76, Sec. 14, eff.
Sept. 1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 7.30, eff.
Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
659, Sec. 1, eff. September 1, 2005.
Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY COUNTIES.
(a) The voters of Kleberg and Kenedy Counties elect a district
attorney. The district attorney has the same powers and duties
as other district attorneys and serves the district courts of
Kleberg and Kenedy Counties.
(b) The district attorney shall attend each term and session of
the district courts of Kleberg and Kenedy Counties and shall
represent the state in criminal cases pending in those courts.
The district attorney has control of any case heard on petition
of writ of habeas corpus before any district or inferior court in
the district.
(c) The commissioners courts of the counties comprising the
district may supplement the state salary of the district
attorney. The amount of the supplement may not exceed $12,000 a
year. The supplemental salary must be paid proportionately by
the commissioners court of each county according to the
population of the county. The supplemental salary may be paid
from the officers' salary fund of a county. If that fund is
inadequate, the commissioners court may transfer the necessary
funds from the general fund of the county.
Added by Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 15, eff. September 1, 2007.
Sec. 43.183. 506TH JUDICIAL DISTRICT. (a) The voters of Grimes
County elect a district attorney for the 506th Judicial District
who represents the state only in that county.
(b) The district attorney shall attend each term and session of
the district courts and all other courts, except municipal
courts, in Grimes County and, unless otherwise provided by law,
shall exclusively represent the state in all criminal matters in
those courts.
(c) The district attorney has no power, duty, or privilege
relating to family law and juvenile matters, including matters
involving children's protective services, protective orders under
Chapter 71, Family Code, orders under Chapter 159, Family Code,
proceedings under Title 3, Family Code, civil commitment matters
under Subtitle C, Title 7, Health and Safety Code, or a quo
warranto or removal case, except, that if the county attorney
fails or refuses to act in a quo warranto or removal case, the
district attorney has the power, duty, and privilege to bring a
removal of quo warranto action.
(d) The district attorney has no power, duty, or privilege in
any civil matter pending before any court.
(e) The district attorney must be at least 30 years of age, must
have been a practicing attorney in this state for at least five
years, and must have been a resident of Grimes County for at
least the time required under Section 141.001, Election Code.
(f) The district attorney may not engage in the private practice
of law.
(g) The district attorney may, for the purpose of conducting the
affairs of the office, appoint assistant district attorneys,
investigators, and other necessary staff. The salaries of the
members of the staff of the district attorney's office shall be
paid from the officer's salary fund of the county with the
approval of the commissioners court.
Added by Acts 1995, 74th Leg., ch. 704, Sec. 25, eff. Jan. 1,
1997. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.29, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 9(i), eff. September 1, 2007.
Redesignated from Government Code, Section 43.1745 and amended by
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 9(j), eff. September 1, 2008.