CHAPTER 45. COUNTY ATTORNEYS

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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