CHAPTER 44. CRIMINAL DISTRICT ATTORNEYS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE C. PROSECUTING ATTORNEYS
CHAPTER 44. CRIMINAL DISTRICT ATTORNEYS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 44.001. ELECTION. The voters of each of the following
counties elect a criminal district attorney: Anderson, Austin,
Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston,
Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper,
Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton,
Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant,
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller,
Wichita, Wood, and Yoakum.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 60, Sec. 3, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 148, Sec. 2.57(a), eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 122, eff. Jan. 1, 1990; Acts
1989, 71st Leg., ch. 216, Sec. 1, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 1099, Sec. 3, eff. Jan. 1, 1991; Acts 1991, 72nd
Leg., 1st C.S., ch. 8, Sec. 7, eff. Jan. 1, 1993; Acts 1993, 73rd
Leg., ch. 565, Sec. 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg.,
ch. 226, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
412, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 739,
Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 716, Sec.
1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
277, Sec. 1, eff. January 1, 2008.
Sec. 44.002. QUALIFICATIONS; BOND. A criminal district attorney
must meet the qualifications and give the bond required of a
district attorney by the constitution and general law.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER B. PROVISIONS APPLICABLE TO PARTICULAR COUNTIES
Sec. 44.101. ANDERSON COUNTY. (a) The criminal district
attorney of Anderson County must be at least 30 years of age.
(b) The criminal district attorney shall represent the state in
all matters in the district and inferior courts in the county.
The criminal district attorney shall perform the other duties
that are conferred by general law on district and county
attorneys.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) In addition to the salary paid by the state, the criminal
district attorney is entitled to supplemental compensation from
the county set by the commissioners court. The supplemental
compensation must be in an amount necessary for the total
compensation of the criminal district attorney to equal at least
90 percent of the total salary, including supplements, paid to
the judge of the 3rd Judicial District by the state and Anderson,
Henderson, and Houston counties. The county supplement shall be
paid in equal installments, twice monthly, from the officers'
salary fund of the county.
(e) The criminal district attorney may appoint a staff composed
of at least three assistant criminal district attorneys, and
investigators, stenographers, clerks, and any other personnel
that the commissioners court authorizes.
(f) Except as limited by this section, the criminal district
attorney, with the approval of the commissioners court, shall set
the salary of the assistant criminal district attorneys,
investigators, stenographers, clerks, and other personnel. The
commissioners court shall pay staff salaries in equal
installments twice a month from the county officers' salary fund.
(g) In addition to staff salaries, the commissioners court may
allow the criminal district attorney, his assistants, and
investigators necessary expenses that the commissioners court
considers reasonable. The expenses shall be paid as provided by
law for other claims of expenses by county employees.
(h) The commissioners court may accept gifts and grants from any
foundation, association, or political subdivision for the purpose
of financing adequate and effective prosecution programs in the
county. Municipalities in the county or district may allocate and
grant the sums of money that their respective governing bodies
approve to their county government for the support and
maintenance of an effective prosecution program.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.58(a), eff. Sept.
1, 1987.
Sec. 44.108. AUSTIN COUNTY. (a) The criminal district attorney
of Austin County must meet the following qualifications:
(1) be at least 30 years old;
(2) have been a practicing attorney in this state for at least
five years; and
(3) have been a resident of Austin County for at least two years
before his election or appointment.
(b) The criminal district attorney shall represent the state in
all matters in the district and inferior courts in the county.
The criminal district attorney shall perform the other duties
that are conferred by general law on district and county
attorneys. This subsection does not prevent the county from
retaining other legal counsel as it considers appropriate. The
criminal district attorney may represent any county official or
employee of Austin County in any civil matter in a court in the
county if the matter arises out of the performance of official
duties by the official or employee.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney does not represent the state
in criminal cases before the municipal courts in Austin County.
(e) The criminal district attorney shall receive salary and
compensation from the state in the amount provided by the General
Appropriations Act for district attorneys. The Commissioners
Court of Austin County may supplement the salary of the criminal
district attorney paid by the state.
Added by Acts 1989, 71st Leg., ch. 216, Sec. 2, eff. Sept. 1,
1989.
Sec. 44.111. BASTROP COUNTY. (a) The criminal district
attorney of Bastrop County shall attend each term and session of
the district courts in Bastrop County and each term and session
of the inferior courts of the county held for the transaction of
criminal business. He shall exclusively represent the state in
all criminal matters before those courts and any other court in
which Bastrop County has pending business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Bastrop County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The supplemental compensation paid to the criminal district
attorney by the county and the salaries of the staff of the
criminal district attorney shall be paid from the officers'
salary fund if that fund is adequate. If that fund is not
adequate, the commissioners court shall transfer the necessary
funds from the general fund of the county to the officers' salary
fund.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 3(c), eff. September 1, 2007.
Sec. 44.115. BEXAR COUNTY. (a) The criminal district attorney
of Bexar County shall attend each term and session of the
district, county, and justice courts in Bexar County held for the
transaction of criminal business and shall exclusively represent
the state in all matters before those courts. He shall represent
Bexar County in any court in which the county has pending
business. He serves as the district attorney for each district
court in the county.
(b) The criminal district attorney has all the powers, duties,
and privileges in Bexar County that are conferred by law on
district and county attorneys.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney and shall
deposit them in the proper county funds as provided by law.
(d) The criminal district attorney does not represent the state
in criminal cases before the municipal courts in Bexar County.
(e) The Commissioners Court of Bexar County, acting in
conjunction with and on the approval of the criminal district
attorney, may employ special counsel, learned in the law, to
represent the county in a condemnation or eminent domain
proceeding, particularly in a case involving the acquisition of
rights-of-way. The employment shall be for the time and on the
terms that the commissioners court and the criminal district
attorney consider necessary and proper. The employment may be
terminated in the manner provided by law for the removal of an
assistant, investigator, or other employee of the criminal
district attorney.
(f) The Commissioners Court of Bexar County may accept gifts and
grants from any individual, partnership, corporation, trust,
foundation, association, or governmental entity for the purpose
of financing or assisting effective prosecution, crime prevention
or suppression, rehabilitation of offenders, or crime victim's
assistance in Bexar County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.59(a), eff.
Sept. 1, 1987.
Sec. 44.119. BOWIE COUNTY. (a) The criminal district attorney
of Bowie County shall represent the state in all cases in the
district and inferior courts of Bowie County and shall perform
all other duties required of district and county attorneys under
general law.
(b) All general laws relating to county or district attorneys
apply to the criminal district attorney.
(c) Repealed by Acts 1987, 70th Leg., ch. 1045, Sec. 3, eff.
Sept. 1, 1987.
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. 44.120. BRAZORIA COUNTY. (a) The criminal district
attorney of Brazoria County shall attend each term and session of
the district courts of Brazoria County and each term and session
of the inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts. He shall represent
Brazoria County in any court in which the county has pending
business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Brazoria County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.128. CALDWELL COUNTY. (a) The criminal district
attorney of Caldwell County must be at least 25 years old and
must have been a practicing attorney in this state for at least
five years.
(b) The criminal district attorney shall attend each term and
session of the district courts in Caldwell County and each
session and term of the inferior courts of the county held for
the transaction of criminal business and shall exclusively
represent the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on the county and district attorneys in the
various counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The Commissioners Court of Caldwell County may supplement
the salary of the criminal district attorney paid by the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.129. CALHOUN COUNTY. (a) The criminal district
attorney of Calhoun County shall attend each term and session of
the district and inferior courts of Calhoun County, except
municipal courts, held for the transaction of criminal business,
and shall exclusively represent the state in all criminal matters
before those courts.
(b) The criminal district attorney shall represent Calhoun
County in any court in which the county has pending business.
This subsection does not prevent the county from retaining other
legal counsel in a civil matter as it considers appropriate.
(c) The criminal district attorney has all the powers, duties,
and privileges in Calhoun County that are conferred by law on
county and district attorneys in the various counties and
districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The criminal district attorney is entitled to receive a
salary from the state in the amount provided by general law for
the compensation of district attorneys. The Commissioners Court
of Calhoun County may supplement the compensation paid by the
state.
(f) The criminal district attorney, for the purpose of
conducting the affairs of the office, may appoint the assistant
criminal district attorneys that the Commissioners Court of
Calhoun County may authorize. The salary of an assistant criminal
district attorney must be at least $4,800 a year.
(g) The criminal district attorney may employ as many
stenographers as the Commissioners Court of Calhoun County may
authorize. The salary of a stenographer employed by the criminal
district attorney must be at least $3,000 a year.
(h) The supplemental compensation paid to the criminal district
attorney by the county and the salaries of the assistant criminal
district attorneys and stenographers employed by the criminal
district attorney shall be paid from the officers' salary fund if
that fund is adequate. If the officers' salary fund is not
adequate, the commissioners court shall transfer the necessary
funds from the general fund of the county to the officers' salary
fund.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.134. CASS COUNTY. (a) The criminal district attorney
of Cass County shall attend each term and session of the district
courts in Cass County and each term and session of the inferior
courts of the county held for the transaction of criminal
business and shall exclusively represent the state in all
criminal matters before those courts. He shall represent Cass
County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Cass County that are conferred by law on county
and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.143. COLLIN COUNTY. (a) The criminal district attorney
of Collin County shall attend each term and session of the
district courts in Collin County held for the transaction of
criminal business. He shall represent the state in all criminal
and civil cases in the courts in the county unless otherwise
provided by law.
(b) The criminal district attorney has all the powers, duties,
and privileges in Collin County relating to criminal or civil
matters involving the county or state that are conferred by law
on county and district attorneys in the various counties and
districts.
(c) A vacancy in the office of criminal district attorney is
filled by appointment by the Commissioners Court of Collin
County. The appointee holds office until the next general
election.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 521, Sec. 1, eff. Sept. 1,
1987; Acts 1997, 75th Leg., ch. 1081, Sec. 2, eff. Sept. 1, 1997.
Sec. 44.146. COMAL COUNTY. (a) The criminal district attorney
of Comal County must meet the following qualifications:
(1) be at least 30 years old;
(2) have been a practicing attorney in this state for at least
five years; and
(3) be a resident of Comal County.
(b) The criminal district attorney has all the powers, duties,
and privileges in Comal County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney shall, with the approval of
the commissioners court, appoint an assistant district attorney
and other personnel necessary to the proper performance of the
district attorney's duties. The commissioners court shall pay the
salaries of the staff and necessary operating expenses of the
office from county funds.
(e) The criminal district attorney shall, with the advice and
consent of the commissioners court, designate one or more
individuals to act as assistant criminal district attorney with
exclusive responsibility for assisting the commissioners court.
Added by Acts 1997, 75th Leg., ch. 412, Sec. 2, eff. Sept. 1,
1997.
Sec. 44.157. DALLAS COUNTY. (a) The criminal district attorney
of Dallas County shall attend every term of the Criminal Court of
Dallas County and of the Criminal District Court No. 2 of Dallas
County and shall represent the state in all matters before those
courts. The criminal district attorney has exclusive control of
criminal cases and all cases heard on habeas corpus in the courts
of Dallas County and serves as the district attorney of all the
district courts in Dallas County.
(b) The criminal district attorney has all the powers, duties,
and privileges in Dallas County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees and
commissions that are provided by law for similar services
rendered by a district or county attorney. Not earlier than
December 1 and not later than December 31 of each year, the
criminal district attorney shall make a complete report to the
county judge of Dallas County of the fees collected by the
criminal district attorney.
(d) No other person may perform a duty of the criminal district
attorney as provided by this section unless the criminal district
attorney and his assistants are absent from the county or refuse
or are unable to perform the duty.
(e) to (g) Repealed by Acts 1999, 76th Leg., ch. 1463, Sec. 2,
eff. Sept. 1, 1999.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1463, Sec. 2, eff. Sept. 1,
1999.
Sec. 44.159. DEAF SMITH COUNTY. (a) The criminal district
attorney of Deaf Smith County shall attend each term and session
of the district courts in Deaf Smith County and shall represent
the state in all criminal and civil cases in the courts in the
county.
(b) The criminal district attorney has all the powers, duties,
and privileges in Deaf Smith County relating to criminal or civil
matters involving the county or state that are conferred by law
on county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall assist the county
attorney in Oldham County on his request or, in the event of his
inability to act, on appointment by the judge of the district
court in Oldham 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. 8, eff.
Sept. 1, 1991.
Sec. 44.161. DENTON COUNTY. (a) The criminal district attorney
of Denton County must be at least 28 years old, must have been a
practicing attorney in this state for at least five years, and
must have been a resident of Denton County for at least three
years before his election or appointment.
(b) The criminal district attorney shall attend each term and
session of the district and inferior courts of Denton County,
except municipal courts, held for the transaction of criminal
business and shall exclusively represent the state in all
criminal matters before those courts.
(c) The criminal district attorney shall represent Denton County
in any court in which the county has pending business. This
subsection does not prevent the county from retaining other legal
counsel in a civil matter as it considers appropriate.
(d) The criminal district attorney has all the powers, duties,
and privileges in Denton County relating to criminal or civil
matters involving the county or state that are conferred by law
on county and district attorneys in the various counties and
districts.
(e) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(f) The Commissioners Court of Denton County may, in its
discretion, supplement the compensation paid by the state to the
criminal district attorney. The supplemental compensation paid by
the county shall be paid from the officers' salary fund of the
county if that fund is adequate. If that fund is not adequate,
the commissioners court shall transfer the necessary funds from
the general funds of the county to the officers' salary fund.
(g) The criminal district attorney may not engage in the private
practice of law, whether or not he receives compensation for that
practice.
(h) The criminal district attorney, for the purpose of
conducting the affairs of the office, may appoint the assistant
criminal district attorneys, investigators, stenographers,
clerks, and other personnel that the Commissioners Court of
Denton County may authorize. The salaries of the members of the
staff of the criminal district attorney shall be paid in equal
monthly or bimonthly installments from the officers' salary fund
of the county.
(i) The legislature may provide the supplemental funds to the
criminal district attorney it considers necessary for
supplementation of his staff.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.167. EASTLAND COUNTY. (a) The criminal district
attorney of Eastland County shall attend each term and session of
the district courts in Eastland County and shall represent the
state in all criminal and civil cases in the courts of the
county.
(b) The criminal district attorney has all the powers, duties,
and privileges in Eastland County relating to criminal or civil
matters involving the county or state that are conferred by law
on county and district attorneys in the various counties and
districts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.174. FANNIN COUNTY. (a) The criminal district attorney
shall attend each term and session of the district courts in
Fannin County and each term and session of the inferior courts of
the county held for the transaction of criminal business and
shall exclusively represent the state in all criminal matters
before those courts.
(b) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to
the amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller as appropriated by
the legislature.
Added by Acts 2007, 80th Leg., R.S., Ch.
277, Sec. 2, eff. January 1, 2008.
Sec. 44.184. GALVESTON COUNTY. (a) The criminal district
attorney of Galveston County shall attend each term and session
of the district courts of Galveston County and each term and
session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts. He shall
represent Galveston County in any court in which the county has
pending business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Galveston County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney may represent any county
official or employee of Galveston County other than a member of
the commissioners court in any civil matter in a court in the
county if the matter arises out of the performance of official
duties by the officer or employee.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.191. GRAYSON COUNTY. (a) The criminal district
attorney shall attend each term and session of the district
courts in Grayson County and each term and session of the
inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to
the amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller as appropriated by
the legislature.
(e) A vacancy in the office of criminal district attorney is
filled by appointment by the Commissioners Court of Grayson
County. The appointee holds office until the next general
election.
Added by Acts 2003, 78th Leg., ch. 716, Sec. 2, eff. Jan. 1,
2004.
Sec. 44.192. GREGG COUNTY. (a) The criminal district attorney
of Gregg County shall represent the state in all criminal cases
in the district, county, and justice courts of Gregg County, and
in the municipal courts of the county if the defendant is charged
with violating a state law, and shall represent the state in all
cases in Gregg County in which it is the duty of a county or
district attorney to represent the state.
(b) The criminal district attorney has all the powers, duties,
and privileges that are conferred by law on county and district
attorneys.
(c) The criminal district attorney shall collect the same fees
that are provided by law for county and district attorneys.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.202. HARRISON COUNTY. (a) The criminal district
attorney of Harrison County shall attend each term and session of
the district courts of Harrison County and each term and session
of the inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts. He shall represent
Harrison County in any court in which the county has pending
business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Harrison County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney, if paid at least $16,000 a
year, and the assistants to the criminal district attorney, if
paid at least $10,000 a year, may not refer legal business to any
person engaged in the private practice of law. This subsection
does not prohibit an act required in the performance of an
official duty as criminal district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.205. HAYS COUNTY. (a) The criminal district attorney
of Hays County must be at least 25 years old and have been a
practicing attorney in this state for at least five years.
(b) The criminal district attorney shall attend each term and
session of the district courts in Hays County and each term and
session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters pending before those courts.
(c) The criminal district attorney shall perform the other
duties that are conferred by law on county and district attorneys
in the various counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.208. HIDALGO COUNTY. (a) The criminal district
attorney of Hidalgo County shall perform the duties of district
attorney in all the judicial districts in Hidalgo County and the
duties of county attorney in all the county courts of the county.
(b) The criminal district attorney has all the powers, duties,
and privileges in Hidalgo County that are conferred by law on
county and district attorneys.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.220. JACKSON COUNTY. (a) The criminal district
attorney of Jackson County shall attend each term and session of
the district courts in Jackson County and each term and session
of the inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties
conferred by law on the county and district attorneys in the
various counties and districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The Commissioners Court of Jackson County may supplement the
salary paid by the state to the criminal district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.221. JASPER COUNTY. (a) The criminal district attorney
of Jasper County must be at least 25 years old and have been a
practicing attorney in this state for five years.
(b) The criminal district attorney shall attend each term and
session of the district courts in Jasper County and each term and
session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to
the amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller of public accounts
as appropriated by the legislature. The Commissioners Court of
Jasper County shall pay the criminal district attorney an
additional amount so that the total compensation of the criminal
district attorney equals at least 90 percent of the total salary
paid to each of the judges of the district courts in Jasper
County. The compensation paid by the county shall be paid in
monthly or bimonthly installments, as determined by the
commissioners court.
(f) The criminal district attorney, for the purpose of
conducting the affairs of the office, may appoint a staff
composed of assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel that the commissioners
court may authorize. The salary of a staff member is in an amount
recommended by the criminal district attorney and approved by the
commissioners court. The commissioners court shall pay the
salaries of the staff in equal monthly or bimonthly installments
from county funds.
(g) The legislature may provide for additional staff members to
be paid from state funds if it considers supplementation of the
criminal district attorney's staff necessary.
(h) The criminal district attorney may not engage in the private
practice of law or receive a fee for the referral of a case.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.223. JEFFERSON COUNTY. (a) The criminal district
attorney of Jefferson County shall attend each term and session
of the district courts in Jefferson County and each term and
session of the inferior courts of the county, except municipal
courts, held for the transaction of criminal business, and shall
exclusively represent the state in all matters before those
courts. He shall represent Jefferson County in any court in which
the county has pending business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Jefferson County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) Jefferson County is entitled to receive annually from the
state an amount equal to the compensation paid by the state to
prosecutors subject to Chapter 46. The compensation from the
state shall be paid into the salary fund of the county in equal
monthly installments. The criminal district attorney is entitled
to receive as compensation an amount at least equal to the amount
paid to the county by the state under this subsection. The
criminal district attorney is not entitled to receive a salary
under Section 46.003(a), but is entitled to supplemental
compensation under Section 46.003(b) and expenses under Section
46.004.
(e) Jefferson County is not entitled to the benefits of
Subchapter C, Chapter 41, in addition to the state compensation
provided by Subsection (d).
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1991, 72nd Leg., ch. 733, Sec. 1, eff. Sept. 1,
1991.
Sec. 44.229. KAUFMAN COUNTY. (a) The criminal district
attorney of Kaufman County must be at least 25 years old and have
been a practicing attorney in this state for five years.
(b) The criminal district attorney shall attend each term and
session of the district courts in Kaufman County and each term
and session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.252. LUBBOCK COUNTY. (a) The criminal district
attorney of Lubbock County must be at least 25 years old and have
been a practicing attorney in this state for four years.
(b) The criminal district attorney shall attend each term and
session of the district courts in Lubbock County and each term
and session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.255. MCLENNAN COUNTY. (a) The criminal district
attorney of McLennan County has all the powers, duties, and
privileges in McLennan County that are conferred by law on county
and district attorneys.
(b) The criminal district attorney shall collect the fees
provided by law for similar services rendered by a district or
county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.257. MADISON COUNTY. (a) The criminal district
attorney of Madison County has all the powers, duties, and
privileges in Madison County that are conferred by law on
district and county attorneys.
(b) The criminal district attorney shall collect the fees,
commissions, and perquisites provided by law for similar services
rendered by a district or county attorney.
Added by Acts 1997, 75th Leg., ch. 226, Sec. 3, eff. Sept. 1,
1997.
Sec. 44.275. NAVARRO COUNTY. (a) The criminal district
attorney of Navarro County shall attend each term and session of
the district courts in Navarro County and shall represent the
state in all criminal and civil cases in the district and
inferior courts of the county.
(b) The criminal district attorney has all the powers, duties,
and privileges in Navarro County relating to criminal or civil
matters involving the county or state that are conferred on
county and district attorneys in the various counties and
districts.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.276. NEWTON COUNTY. (a) The criminal district attorney
of Newton County must be at least 25 years old and have been a
practicing attorney in this state for five years.
(b) The criminal district attorney shall attend each term and
session of the district courts in Newton County and each term and
session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to
the amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller as appropriated by
the legislature.
Added by Acts 1997, 75th Leg., ch. 739, Sec. 3, eff. Sept. 1,
1997.
Sec. 44.283. PANOLA COUNTY. (a) The criminal district attorney
of Panola County shall represent the state in all matters in the
district and inferior courts in the county. The criminal district
attorney shall perform the other duties that are conferred by
general law on district and county attorneys. The criminal
district attorney may represent any county official or employee
of Panola County in any civil matter in a court in the county if
the matter arises out of the performance of official duties by
the official or employee.
(b) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(c) The criminal district attorney does not represent the state
in criminal cases before the municipal courts in Panola County.
(d) The criminal district attorney is entitled to receive a
salary from the state in the amount provided by general law for
district attorneys.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 9, eff. Jan.
1, 1993.
Sec. 44.287. POLK COUNTY. (a) The criminal district attorney
shall attend each term and session of the 258th and 411th
district courts of Polk County and each term and session of the
inferior courts held for the transaction of criminal business and
shall exclusively represent the state in all criminal matters
before those courts.
(b) The criminal district attorney shall perform the duties
conferred by general law on district and county attorneys in this
state.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney in this state.
(d) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
(e) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
(f) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 60, Sec. 4, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 704, Sec. 7,
eff. Jan. 1, 1997.
Sec. 44.291. RANDALL COUNTY. (a) The criminal district
attorney of Randall County shall attend each term and session of
the district courts of Randall County and each term and session
of the inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts. He shall represent
Randall County in any court in which the county has pending
business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Randall County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.299. ROCKWALL COUNTY. (a) The criminal district
attorney of Rockwall County must be a practicing attorney in this
state.
(b) The criminal district attorney shall attend each term and
session of the district courts in Rockwall County and each term
and session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The Commissioners Court of Rockwall County shall pay the
salaries of the members of the staff of the criminal district
attorney in equal bimonthly installments from the officers'
salary fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.304. SAN JACINTO COUNTY. (a) The criminal district
attorney shall attend each term and session of the 258th and
411th district courts of San Jacinto County and each term and
session of the inferior courts held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts.
(b) The criminal district attorney shall perform the duties
conferred by general law on district and county attorneys in this
state.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney in this state.
(d) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
(e) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
Added by Acts 1989, 71st Leg., ch. 122, Sec. 3, eff. Jan. 1,
1990. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 704, Sec. 8,
eff. Jan. 1, 1997.
Sec. 44.312. SMITH COUNTY. (a) The criminal district attorney
of Smith County shall attend each term and session of the
district courts of Smith County and each term and session of the
inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts. He shall represent
Smith County in any court in which the county has pending
business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Smith County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.320. TARRANT COUNTY. (a) The criminal district
attorney of Tarrant County shall attend each term and session of
the criminal district courts of Tarrant County and each term and
session of the County Court of Tarrant County held for the
transaction of criminal business and shall represent the state in
all matters before those courts. He shall represent Tarrant
County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Tarrant County that are conferred by law on
county and district attorneys in the various counties and
districts, except in a condemnation case in which the
commissioners court hires special counsel to represent the county
as provided by Subsection (d).
(c) The criminal district attorney shall collect the fees of
office that are provided by law for similar services rendered by
a district or county attorney.
(d) The Commissioners Court of Tarrant County may employ special
counsel of its own choice, learned in the law, to represent the
county in condemnation or eminent domain proceedings, to assist
the commissioners court, the county engineer, or other county
employees in preparing documents necessary in the acquisition of
rights-of-way for the county or in the event that the county is
required to obtain rights-of-way for state highways, or to assist
the county in the acquisition of those rights-of-way. The
commissioners court shall set the terms of the employment of
special counsel as it considers proper. The commissioners court
shall pay the compensation of the special counsel from the road
and bridge fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.321. TAYLOR COUNTY. (a) The criminal district attorney
of Taylor County shall perform all the duties in Taylor County
required of district attorneys by general law and shall perform
the duties of county attorney in Taylor County.
(b) The criminal district attorney shall assist the county
attorney of Callahan County or Coleman County on the request of
the county attorney or if appointed to do so by the judge of a
district court in that county when the county attorney is unable
to act.
(c) The Commissioners Court of Taylor County shall supplement
the state salary of the criminal district attorney in an amount
not less than $4,000 a year.
(d) The criminal district attorney is entitled to the expenses
and allowances provided by the General Appropriations Act for
district attorneys who serve more than one county.
(e) The Commissioners Court of Taylor County shall provide
suitable office space for the criminal district attorney in the
county courthouse.
(f) The Commissioners Court of Taylor County shall determine the
salaries of the employees of the criminal district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.52(b), eff.
Sept. 1, 1987.
Sec. 44.329. TYLER COUNTY. (a) The criminal district attorney
of Tyler County shall represent the state in all matters in the
district and inferior courts in Tyler County.
(b) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in this state.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) With the approval of the Commissioners Court of Tyler
County, the criminal district attorney may appoint the staff
required for the proper and efficient operation and
administration of the office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.330. UPSHUR COUNTY. (a) The criminal district attorney
of Upshur County shall attend each term and session of the
district courts in Upshur County and each term and session of the
inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts. He shall represent
Upshur County in any court in which the county has pending
business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Upshur County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.334. VAN ZANDT COUNTY. (a) The criminal district
attorney of Van Zandt County must be at least 25 years old and
must have been a practicing attorney in this state for two years.
However, if no person meeting those qualifications files as a
candidate for the office on or before the 30th day before the
last day on which a person may file as a candidate in an election
to that office, the qualifications imposed by this subsection do
not apply to that election.
(b) The criminal district attorney shall attend each term and
session of the district courts in Van Zandt County and each term
and session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The criminal district attorney, for the purpose of
conducting the affairs of his office, may appoint a staff
composed of assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel as the Commissioners
Court of Van Zandt County may authorize. The commissioners court
shall pay the salaries of the staff in equal monthly or bimonthly
installments from the officers' salary fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.335. VICTORIA COUNTY. (a) The criminal district
attorney of Victoria County shall attend each term and session of
the district courts of Victoria County and each term and session
of the inferior courts of the county held for the transaction of
criminal business and shall exclusively represent the state in
all criminal matters before those courts. He shall represent
Victoria County in any court in which the county has pending
business.
(b) The criminal district attorney has all the powers, duties,
and privileges in Victoria County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.336. WALKER COUNTY. (a) The criminal district attorney
of Walker County must be at least 25 years old, must have been a
practicing attorney in this state for three years, and must have
been a resident of Walker County for at least two years before
election or appointment.
(b) The criminal district attorney shall attend each term and
session of the district and inferior courts of Walker County,
except municipal courts, held for the transaction of criminal
business and shall exclusively represent the state in all
criminal matters before those courts.
(c) The criminal district attorney shall represent Walker County
in any court in which the county has pending business. This
subsection does not require the criminal district attorney to
represent the county in a delinquent tax suit or condemnation
proceeding and does not prevent the county from retaining other
legal counsel in a civil matter at any time it considers
appropriate to do so.
(d) The criminal district attorney has all the powers, duties,
and privileges in Walker County relating to criminal or civil
matters involving the county or state that are conferred by law
on county and district attorneys in the various counties and
districts.
(e) The criminal district attorney, for the purpose of
conducting the affairs of the office, may appoint a staff
composed of assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel as the Commissioners
Court of Walker County may authorize. The commissioners court
shall pay the salaries of the staff in equal monthly installments
from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.337. WALLER COUNTY. (a) The criminal district attorney
of Waller County must have been a practicing attorney in this
state for at least three years.
(b) The criminal district attorney has all the powers, duties,
and privileges in Waller County that are conferred by law on
county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney shall, with the approval of
the commissioners court, appoint an assistant district attorney
or attorneys and other personnel necessary to the proper
performance of the district attorney's duties. The commissioners
court shall pay the salaries of the staff and necessary operating
expenses of the office from county funds.
(e) The criminal district attorney or the Commissioners Court of
Waller County may accept gifts and grants from any individual,
partnership, corporation, trust, foundation, association, or
governmental entity for the purpose of financing or assisting
effective prosecution, crime prevention or suppression,
rehabilitation of offenders, substance abuse education, treatment
and prevention, or crime victim's assistance programs in Waller
County. The criminal district attorney shall account for and
report to the commissioners court all gifts or grants accepted
under this subsection.
Added by Acts 1993, 73rd Leg., ch. 565, Sec. 3, eff. Sept. 1,
1993.
Sec. 44.343. WICHITA COUNTY. (a) The criminal district
attorney shall represent the state in all matters in the district
and inferior courts in the county. The criminal district attorney
shall perform the other duties that are conferred by general law
on district and county attorneys.
(b) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.60(a), eff. Sept.
1, 1987. Amended by Acts 1995, 74th Leg., ch. 221, Sec. 1, eff.
Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1252, Sec. 2, eff. Sept.
1, 2001.
Sec. 44.350. WOOD COUNTY. (a) The criminal district attorney
of Wood County must be at least 25 years old and must have been a
practicing attorney in this state for five years. However, if no
person meeting those qualifications files as a candidate for the
office on or before the 30th day before the last day on which a
person may file as a candidate in an election to that office, the
qualifications imposed by this subsection do not apply to that
election.
(b) The criminal district attorney shall attend each term and
session of the district courts in Wood County and each term and
session of the inferior courts of the county held for the
transaction of criminal business and shall exclusively represent
the state in all criminal matters before those courts.
(c) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(d) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(e) The criminal district attorney, for the purpose of
conducting the affairs of the office, may appoint a staff
composed of assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel as the Commissioners
Court of Wood County may authorize. The commissioners court shall
pay the salaries of the staff in equal monthly or bimonthly
installments from the officers' salary fund of the county.
(f) The legislature may provide for additional staff members to
be paid from state funds if it considers supplementation of the
criminal district attorney's staff to be necessary.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 44.351. YOAKUM COUNTY. (a) The criminal district attorney
represents the state in all matters in the district and inferior
courts in the county. The criminal district attorney shall
perform the other duties that are conferred by general law on
district and county attorneys.
(b) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(c) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
(d) Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.61(a), eff. Sept.
1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec.
11(a), eff. Sept. 1, 1991.