CHAPTER 44. CRIMINAL DISTRICT ATTORNEYS

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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