CHAPTER 45. COUNTY ATTORNEYS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE C. PROSECUTING ATTORNEYS
CHAPTER 45. COUNTY ATTORNEYS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 45.001. BOND. (a) Each county attorney shall execute a
bond payable to the governor in the amount of $2,500, with at
least two good and sufficient sureties to be approved by the
commissioners court of the county.
(b) The bond must be conditioned on the county attorney
faithfully paying over in the manner prescribed by law all money
that he collects or receives for any county or the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.002. APPOINTMENT AND OATH OF ASSISTANT. (a) The
qualifications for an assistant county attorney are the same as
for the county attorney who appoints him.
(b) Before beginning any duties, an assistant county attorney
must take the official oath of office, which must be endorsed on
his written appointment.
(c) The appointment and oath of an assistant county attorney
shall be recorded and deposited in the county clerk's office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC COUNTIES
Sec. 45.112. BAYLOR COUNTY. The county attorney shall represent
the state in all misdemeanor cases before the district court in
Baylor County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.125. BROWN COUNTY. The county attorney of Brown County
or the Commissioners Court of Brown County may accept gifts or
grants from any individual, partnership, corporation, trust,
foundation, association, or governmental entity for the purpose
of financing or assisting the operation of the office of county
attorney in Brown County. The county attorney shall account for
and report to the county auditor all gifts and grants accepted
under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
698, Sec. 1, eff. June 15, 2007.
Sec. 45.130. CALLAHAN COUNTY. If there is no county attorney in
Callahan County, the criminal district attorney in Taylor County
shall represent the state in all matters pending before the 42nd
District Court in Callahan County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.52(c), eff.
Sept. 1, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 10,
eff. Sept. 1, 1991.
Sec. 45.142. COLEMAN COUNTY. (a) The county attorney of
Coleman County may perform all duties required of district and
county attorneys by general law in all matters pending before the
district court in Coleman County.
(b) If the county attorney of Coleman County performs the duties
of district attorney before the district courts in Coleman County
as provided by Subsection (a), the county attorney is entitled to
receive from the state a salary of $5,000 a year. The county
attorney may not receive that salary for a period of time during
which the county attorney does not perform those duties. The
county attorney may not receive that salary unless he certifies
to the comptroller of public accounts that he is performing the
duties of district attorney as required and must notify the
comptroller immediately if he ceases to perform those duties. The
county attorney is also entitled to receive funds from the state
for the payment of staff salaries and other office expenses at
the same rate as provided in the General Appropriations Act for a
district attorney in a single-county district for a period during
which the county attorney performs the duties of district
attorney.
(c) If there is no county attorney in Coleman County, the
criminal district attorney in Taylor County shall represent the
state in all matters pending before the 42nd District Court in
Coleman County.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.52(d), eff. Sept.
1, 1987.
Sec. 45.145. COLORADO COUNTY. (a) In Colorado County, the
county attorney of Colorado County shall perform the duties
imposed on and have the powers conferred on district attorneys by
general law.
(b) The county attorney of Colorado County or the Commissioners
Court of Colorado County may accept gifts or grants from any
individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing
or assisting the operation of the office of county attorney in
Colorado County. The county attorney shall account for and report
to the commissioners court all gifts or grants accepted under
this subsection.
Added by Acts 1997, 75th Leg., ch. 1448, Sec. 2, eff. Sept. 1,
1997.
Sec. 45.151. COTTLE COUNTY. The county attorney shall represent
the state in all misdemeanor cases before the district court in
Cottle County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.154. CROSBY COUNTY. The county attorney of Crosby
County, who performs the duties of a district attorney, is
entitled to be compensated by the state in the manner and amount
fixed by general law relating to the salary paid to district
attorneys by the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1997, 75th Leg., ch. 378, Sec. 2, eff. Sept. 1,
1997.
Sec. 45.171. EL PASO COUNTY. (a) It is the primary duty of the
county attorney in El Paso County or his assistants to represent
the state, El Paso County, and the officials of El Paso County in
all civil matters pending before the courts of El Paso County and
any other courts in which the state, the county, or the officials
of the county have matters pending.
(b) The county attorney has the powers, duties, and privileges
relating to the prosecution of misdemeanors that relate to health
and environmental matters and that relate to the prosecution of
misdemeanors under Section 32.42, Penal Code.
(c) At the request of the district attorney, the county attorney
may assist the district attorney in criminal cases in El Paso
County.
(d) The county attorney in El Paso County performs the duty of
collecting and processing checks and similar sight orders as
provided under Article 102.007, Code of Criminal Procedure, and
prosecutes misdemeanors where a check or sight order is the
instrument by which the misdemeanor is committed.
Added by Acts 1993, 73rd Leg., ch. 493, Sec. 2, eff. Oct. 1,
1993.
Sec. 45.175. FAYETTE COUNTY. In Fayette County the county
attorney of Fayette County shall perform the duties imposed on
and have the powers conferred on district attorneys by general
law and is entitled to be compensated by the state in the manner
and amount set by general law relating to the salary paid to
district attorneys by the state.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.62(a), eff. Sept.
1, 1987. Amended by Acts 1991, 72nd Leg., ch. 2, Sec. 1, eff.
Feb. 28, 1991.
Sec. 45.179. FORT BEND COUNTY. (a) It is the primary duty of
the county attorney in Fort Bend County to represent the state,
Fort Bend County, and the officials of the county in all civil
matters pending before the courts of Fort Bend County and any
other courts in which the state, Fort Bend County, or the county
officials have matters pending.
(b) The county attorney shall represent the Fort Bend County
Drainage District and any other county entity created by law.
(c) The county attorney has the powers, duties, and privileges
in Fort Bend County relating to civil commitment matters under
Subtitle C, Title 7, Health and Safety Code, for and on behalf of
the state.
(c-1) The county attorney has the powers, duties, and privileges
in Fort Bend County relating to matters involving children's
protective services.
(d) The county attorney has no power, duty, or privilege in Fort
Bend County relating to family law and juvenile matters, except
as provided by Subsection (c-1), protective orders under Title 4,
Family Code, orders under Chapter 159, Family Code, and
proceedings under Title 3, Family Code.
(e) The county attorney has no power, duty, or privilege in Fort
Bend County relating to criminal matters or matters directly
relating to criminal matters, including any asset forfeiture
relating to a criminal activity, and bond forfeiture proceedings
through judgment other than collection of a final judgment on a
bond forfeiture.
(f) Except as provided by Section 43.181(d), the county attorney
has all the powers, duties, and privileges in Fort Bend County
relating to quo warranto and removal from office proceedings.
(g) At the request of the district attorney, the county attorney
may assist the district attorney in criminal cases in Fort Bend
County.
(h) The county attorney shall, with the approval of the
commissioners court, appoint the assistant county attorneys and
other assistants necessary to the proper performance of the
county attorney's duties. The commissioners court shall set the
salary of an assistant to the county attorney.
Added by Acts 1989, 71st Leg., ch. 1099, Sec. 2, eff. Jan. 1,
1991. Amended by Acts 1991, 72nd Leg. ch. 76, Sec. 15, eff. Sept.
1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 7.31, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
659, Sec. 2, eff. September 1, 2005.
Sec. 45.193. GRIMES COUNTY. (a) The county attorney of Grimes
County shall represent the state, Grimes County, and the
officials of the county in all civil matters pending before the
courts of Grimes County and any other court.
(b) The county attorney has the powers, duties, and privileges
in Grimes County relating to civil commitment matters under
Subtitle C, Title 7, Health and Safety Code, family law and
juvenile matters, including children's protective services
matters, protective orders under Chapter 71, Family Code, orders
under Chapter 159, Family Code, and proceedings under Title 3,
Family Code.
(c) Except as provided by Section 43.1745, the county attorney
has all the powers, duties, and privileges in Grimes County
relating to quo warranto and proceedings for removal from office.
(d) The county attorney has no power, duty, or privilege in
Grimes County relating to criminal matters, including asset
forfeitures under Chapter 59, Code of Criminal Procedure,
appearance bond forfeitures under Chapter 17, Code of Criminal
Procedure, and habeas corpus related to criminal matters.
Added by Acts 1995, 74th Leg., ch. 704, Sec. 26, eff. Jan. 1,
1997. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.32, eff.
Sept. 1, 1997.
Sec. 45.201. HARRIS COUNTY. It is the primary duty of the
county attorney in Harris County or his assistants to represent
the state, Harris County, and the officials of Harris County in
all civil matters pending before the courts of Harris County and
any other courts in which the state, the county, or the officials
of the county have matters pending. The county attorney shall
represent the Harris County Flood Control District and perform
the other duties imposed by this section without any additional
fee, compensation, or perquisite other than that paid by Harris
County out of its officers' salary fund.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.227. JONES COUNTY. The county attorney shall represent
the state in all misdemeanor cases before the district court in
Jones County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.235. KING COUNTY. The county attorney shall represent
the state in all misdemeanor cases before the district court in
King County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.238. KNOX COUNTY. The county attorney shall represent
the state in all misdemeanor cases before the district court in
Knox County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.244. LEE COUNTY. The county attorney of Lee County
represents the state in all matters pending before the district
courts in Lee County.
Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.63(a), eff. Sept.
1, 1987. Amended by Acts 1993, 73rd Leg., ch. 762, Sec. 2, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 819, Sec. 1, eff. Sept.
1, 1993.
Sec. 45.261. MATAGORDA COUNTY. (a) It is the primary duty of
the county attorney in Matagorda County to represent the state,
Matagorda County, and the officials of the county in civil
matters pending before any court in which the state, Matagorda
County, or the officials have matters pending.
(b) The county attorney shall handle children's protective
services, protective orders under the Family Code, and
proceedings under Title 2 or 5, Family Code.
(c) At the request of the district attorney, the county attorney
may assist the district attorney in criminal cases in Matagorda
County.
Added by Acts 1995, 74th Leg., ch. 457, Sec. 3, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.33, eff.
Sept. 1, 1997.
Sec. 45.270. MONTGOMERY COUNTY. (a) The county attorney of
Montgomery County, or the county attorney's assistants, shall
represent the state, Montgomery County, and the officials of the
county in all civil matters pending before a court of Montgomery
County or any other court.
(b) The county attorney has the powers, duties, and privileges
in Montgomery County relating to:
(1) civil commitment matters under Subtitle C, Title 7, Health
and Safety Code;
(2) juvenile matters, including proceedings under Title 3,
Family Code;
(3) child protective services; and
(4) protective orders under Title 4, Family Code.
(c) Notwithstanding Subsection (a), the commissioners court in
Montgomery County may retain independent counsel in any civil
matter.
Added by Acts 2005, 79th Leg., Ch.
821, Sec. 1, eff. June 17, 2005.
Sec. 45.280. OLDHAM COUNTY. (a) The county attorney in Oldham
County shall represent the state in all matters pending before
the district court in Oldham County.
(b) The county attorney in Oldham County is entitled to be
compensated by the state in the manner and amount provided by
general law relating to the salary paid to district attorneys by
the state. Oldham County shall pay $28,500 of the county
attorney's total salary, and the state shall pay the remainder of
the salary.
(c) The county attorney in Oldham County is entitled to receive
from the state the amount provided in the General Appropriations
Act for the payment of staff salaries and office expenses in
single-county districts.
(d) If there is no county attorney in Oldham County, the
criminal district attorney of Deaf Smith County shall represent
the state in all matters pending before the district court in
Oldham County 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 1999, 76th Leg., ch. 1570, Sec. 2, eff. Sept. 1,
1999.
Sec. 45.290. RAINS COUNTY. (a) In Rains County, the county
attorney of Rains County shall perform the duties imposed on and
have the powers conferred on district attorneys by general law.
(b) The county attorney of Rains County is entitled to be
compensated by the state in the manner and amount fixed by
general law relating to the salary paid to district attorneys by
the state. Rains County is also entitled to receive from the
state an amount equal to the amount provided in the General
Appropriations Act to district attorneys for the payment of staff
salaries and expenses of the office.
Added by Acts 1999, 76th Leg., ch. 917, Sec. 2, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 174, Sec. 1, eff.
Sept. 1, 2001.
Sec. 45.309. SHACKELFORD COUNTY. The county attorney shall
represent the state in all misdemeanor cases before the district
court in Shackelford County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.315. STEPHENS COUNTY. The county attorney of Stephens
County shall represent the state in all misdemeanor cases before
the district court of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.319. SWISHER COUNTY. The county attorney in Swisher
County shall represent the state in all matters pending before
the district court in Swisher County.
Added by Acts 2009, 81st Leg., R.S., Ch.
787, Sec. 2, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 16(b), eff. September 1, 2009.
Sec. 45.340. WEBB COUNTY. The county attorney handles or
prosecutes all juvenile, child welfare, and mental health cases
in Webb County, the other civil cases in Webb County where the
state is a party, and the other duties imposed by law on the
office of county attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 45.341. WHARTON COUNTY. (a) The primary duty of the
county attorney in Wharton County is to represent the state,
Wharton County, and county officials in civil matters.
(b) The county attorney has the powers and duties relating to
cases involving protective orders under Chapter 71, Family Code,
and cases under Title 5, Family Code, including cases brought for
the protection of children.
(c) At the request of the district attorney, the county attorney
may assist the district attorney in the prosecution of criminal
cases in Wharton County.
(d) The county attorney represents the state in proceedings
under Title 3, Family Code.
(e) The county attorney represents the Wharton County Drainage
District.
Added by Acts 1997, 75th Leg., ch. 477, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 51, Sec. 2, eff. Sept.
1, 2003.