GOVERNMENT CODE
CHAPTER 43. DISTRICT ATTORNEYS
SUBCHAPTER A. GENERAL PROVISIONS
§ 43.002. BOND. (a) Before assuming the duties of the
office, a district attorney must give a bond that:
(1) is payable to the governor;
(2) is in the sum of $5,000;
(3) has two or more good and sufficient sureties;
(4) is approved by the district judge; and
(5) is conditioned that the district attorney will, in
the manner prescribed by law, faithfully pay over all money that he
collects or that comes into his hands for the state or a county.
(b) Each district attorney's bond shall be deposited in the
office of the comptroller of public accounts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.003. FAILURE TO ATTEND COURT. If a district
attorney fails to attend any term of the district court of a county
in the district, the district clerk shall certify that failure to
the comptroller of public accounts. Unless a satisfactory reason
for the failure is shown to the comptroller, the district attorney
may not receive salary for the time the district attorney failed to
attend.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.004. EXPENSES. (a) A district attorney engaged
in the discharge of official duties in a county other than the
district attorney's county of residence is entitled to traveling
and other necessary expenses, as provided by Chapter 660.
(b) A district attorney is entitled to receive from the
state the actual and necessary postage, telegraph, and telephone
expenses incurred in the discharge of official duties.
(c) The expenses shall be paid by the state on a sworn
itemized account showing the expenses.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(105), eff. Sept. 1, 1995.
SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC DISTRICTS
§ 43.101. 1ST JUDICIAL DISTRICT. The voters of Sabine
and San Augustine counties elect a district attorney for the 1st
Judicial District who represents the state in that district court
only in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 739, § 1, eff. Sept. 1, 1997.
§ 43.102. 2ND JUDICIAL DISTRICT. The voters of the 2nd
Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.104. 8TH JUDICIAL DISTRICT. The voters of Delta,
Franklin, and Hopkins counties elect a district attorney for the
8th Judicial District who represents the state in that district
only in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 11(b), eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 917, § 1, eff. Sept. 1, 1999.
§ 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of
Montgomery County elect a district attorney for the 9th Judicial
District who represents the state in that district court only in
that county. The district attorney also acts as district attorney
for the 410th Judicial District in Montgomery County.
(b) The district attorney shall represent the state in
misdemeanor criminal cases pending in the district and inferior
courts of the county.
(c) The district attorney, with the approval of the
Commissioners Court of Montgomery County, may appoint the assistant
district attorneys, investigators, secretaries, and other
employees necessary to carry out the duties of the office of
district attorney.
(d) An investigator appointed by the district attorney is
not required to be a licensed attorney.
(e) The salary of each employee of the district attorney is
fixed by the Commissioners Court of Montgomery County. The
district attorney, assistant district attorneys, and investigators
employed by the district attorney may be allowed the actual and
necessary travel expenses incident to carrying out the duties of
the district attorney, subject to the approval of the district
attorney. This subsection does not apply to the portion of
compensation or travel expenses paid by the state to the district
attorney or his employees.
(f) The salary and expenses of the employees of the district
attorney must be paid by the county at the regular pay period of the
county from the officers' salary fund of the county, the general
fund of the county, or both, at the discretion of the commissioners
court.
(g) The compensation paid by the county to an employee of
the district attorney or set for a position on the staff of the
district attorney may not be less than the compensation paid by the
county to the person or set for the position on June 14, 1973.
(h) The commissioners court may accept gifts and grants from
an individual, partnership, corporation, trust, foundation,
association, or political subdivision to finance adequate and
effective prosecution, crime prevention, or rehabilitation
programs in the county or district approved and administered by the
district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 60, § 1, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 655, § 2.01, eff. Sept. 1, 1987; Acts 1993,
73rd Leg., ch. 565, § 1, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 704, § 5, eff. Jan. 1, 1997; Acts 1999, 76th Leg., ch.
911, § 1, eff. Jan. 1, 2001.
§ 43.106. 12TH JUDICIAL DISTRICT. (a) The voters of
Leon County elect a district attorney for the 12th Judicial
District who represents the state in that district court only in
Leon County.
(b) The district attorney of the 12th Judicial District also
represents the state in all criminal and civil actions in which the
state is interested that arise in the 87th Judicial District in Leon
County.
(c) The district attorney may, with the consent of the
Commissioners Court of Leon County, appoint a deputy district
attorney.
(d) The Commissioners Court of Leon County shall pay the
salary and traveling expenses of the deputy district attorney from
the officers' salary fund. The salary shall be paid in equal monthly
installments and expense claims shall be paid at the end of each
month. The salary is subject to participation fully in the Texas
County and District Retirement System.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 704, § 24, eff. Jan. 1, 1997; Acts
1997, 75th Leg., ch. 226, § 1, eff. Sept. 1, 1997.
§ 43.107. 18TH JUDICIAL DISTRICT. The voters of the
18th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.108. 21ST JUDICIAL DISTRICT. (a) The voters of
Washington and Burleson counties elect a district attorney for the
21st Judicial District who represents the state in that district
court only in those counties.
(b) The district attorney also represents the state and
performs the duties of district attorney before the 335th District
Court in Washington and Burleson counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.50(a), eff. Sept. 1, 1987;
Acts 2003, 78th Leg., ch. 665, § 1, eff. June 20, 2003.
§ 43.110. 23RD JUDICIAL DISTRICT. (a) The voters of
Matagorda County elect a district attorney for the 23rd Judicial
District who represents the state in that district court only in
that county.
(b) The district attorney also represents the state and
performs the duties of district attorney before all the district
courts in Matagorda County.
(c) The commissioners courts of the counties comprising the
district may supplement the salary of the district attorney so that
the total annual salary of the district attorney is not less than
$12,000. The supplemental salary must be paid by each county
proportionately according to the population of each county. The
supplemental salary must be paid from the officers' salary funds of
the counties, if those funds are adequate. If the officers' salary
fund of a county is inadequate, the commissioners court shall
transfer the necessary amount from the general fund of the county to
the officers' salary fund.
(d) The district attorney also handles all:
(1) felony and misdemeanor criminal matters in all of
the courts in Matagorda County; and
(2) juvenile matters under Title 3, Family Code, in
all of the courts in Matagorda County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 457, § 1, eff. Sept. 1, 1995.
§ 43.111. 24TH JUDICIAL DISTRICT. (a) The voters of
DeWitt, Goliad, and Refugio counties elect a district attorney for
the 24th Judicial District who represents the state in that
district court only in those counties.
(b) The district attorney also represents the state in all
cases before the 135th Judicial District Court in DeWitt, Goliad,
and Refugio counties.
(c) The commissioners courts of DeWitt, Goliad, and Refugio
counties may supplement the state salary of the district attorney
in the amount they consider proper. The supplemental compensation
must be paid in equal monthly installments in proportion to the
population of those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.112. 25TH JUDICIAL DISTRICT. The voters of
Gonzales, Guadalupe, and Lavaca counties elect a district attorney
for the 25th Judicial District who represents the state in that
district court only in those counties. In addition to exercising
the duties and authority conferred on district attorneys by general
law, the district attorney represents the state in all criminal
cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1448, § 1, eff. Sept. 1, 1997.
§ 43.113. 26TH JUDICIAL DISTRICT. The voters of the
26th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.114. 27TH JUDICIAL DISTRICT. (a) The voters of
Bell County elect a district attorney for the 27th Judicial
District who represents the state in the district courts having
jurisdiction in that county.
(b) An investigator appointed by the district attorney is
not required to be a licensed attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 4, eff. Sept. 1, 1991.
§ 43.115. 29TH JUDICIAL DISTRICT. (a) The voters of
the 29th Judicial District elect a district attorney.
(b) The commissioners court of a county in the 29th Judicial
District may accept gifts and grants from any political subdivision
to finance adequate and effective prosecution programs within the
county or district. A municipality in the county or district may
allocate or grant money, in amounts approved by the governing body
of the municipality, for the support and maintenance of an
effective prosecution program.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.117. 31ST JUDICIAL DISTRICT. The voters of the
31st Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 91, § 1, eff. Aug. 30, 1993.
§ 43.118. 32ND JUDICIAL DISTRICT. The voters of the
32nd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.119. 33RD JUDICIAL DISTRICT. The voters of the
33rd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.120. 34TH JUDICIAL DISTRICT. (a) The voters of
Culberson, Hudspeth, and El Paso counties elect a district attorney
for the 34th Judicial District.
(b) The district attorney for the 34th Judicial District
also acts as district attorney for the 41st, 65th, 120th, and 171st
judicial districts, the 394th Judicial District in Culberson and
Hudspeth counties, and represents the state in all criminal cases
before every district court having jurisdiction in El Paso County.
(c) The district attorney represents the state in all
criminal cases pending in the inferior courts having jurisdiction
in El Paso County.
(d) The commissioners courts of Culberson and Hudspeth
counties shall each pay to El Paso County $100 a month to be
expended, on sworn claims of the district attorney approved by the
Commissioners Court of El Paso County, for the preparation and
conduct of criminal affairs of the district attorney's office.
(e) For the purpose of conducting his office, the district
attorney may appoint two first assistant district attorneys, or one
first assistant district attorney and one first assistant
administrative district attorney, and the other assistant district
attorneys that are necessary to the proper performance of the
district attorney's duties.
(f) The assistants and other employees of the district
attorney are compensated by the Commissioners Court of El Paso
County. The Commissioners Court of El Paso County must approve the
number of assistants and other employees appointed and the amount
of compensation of those employees.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 493, § 1, eff. Oct. 1, 1993; Acts
1995, 74th Leg., ch. 704, § 21, eff. Sept. 1, 1995.
§ 43.121. 35TH JUDICIAL DISTRICT. (a) The voters of
the 35th Judicial District elect a district attorney.
(b) Repealed by Acts 1999, 76th Leg., ch. 1027, § 1, eff.
Sept. 1, 1999.
(c) Repealed by Acts 1993, 73rd Leg., ch. 819, § 4, eff.
Sept. 1, 1993.
(d) The district attorney also performs the duties of the
county attorney of Brown County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.52(a), eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 892, § 1, eff. Jan. 1, 1989; Acts 1989,
71st Leg., ch. 2, § 16.01(22), eff. Aug. 28, 1989; Acts 1993,
73rd Leg., ch. 819, § 4, eff. Sept. 1, 1993; Acts 1999, 76th
Leg., ch. 1027, § 1, eff. Sept. 1, 1999.
§ 43.122. 36TH JUDICIAL DISTRICT. The voters of Aransas
and San Patricio counties elect a district attorney for the 36th
Judicial District who represents the state in that district court
only in those counties. In addition to exercising the duties and
authority conferred on district attorneys by general law, the
district attorney represents the state in all criminal cases in the
district courts in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.123. 38TH JUDICIAL DISTRICT. The voters of the
38th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.124. 39TH JUDICIAL DISTRICT. The voters of the
39th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.1243. 42ND JUDICIAL DISTRICT. (a) The voters of
Coleman County elect a district attorney for the 42nd Judicial
District who represents the state in that district court only in
Coleman County.
(b) The Coleman County district attorney shall perform all
of the duties in Coleman County required by district attorneys by
general law and shall represent the state in criminal cases pending
in the district court of the county. The district attorney has
control of any case heard on habeas corpus before any civil district
or criminal court of the county.
(c) The district attorney has all of the powers, duties, and
privileges in Coleman County relating to criminal matters for and
on behalf of the state that are conferred on district attorneys in
other counties and districts.
(d) The comptroller of public accounts shall pay directly to
the district attorney of Coleman County a salary equal to the salary
authorized by the General Appropriations Act for a district
attorney. The salary shall be paid in equal monthly installments on
the first day of each month.
(e) The Commissioners Court of Coleman County may
supplement the district attorney's salary in an amount to be set by
the commissioners court.
(f) The district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by district or county attorneys.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 5, eff. Sept. 1,
1991.
§ 43.125. 43RD JUDICIAL DISTRICT.
Text of section effective until September 1, 2005
The voters of the 43rd Judicial District elect a district
attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
For text of section effective September 1, 2005, see § 43.125,
post
§ 43.125. 43RD JUDICIAL DISTRICT.
Text of section effective September 1, 2005
The voters of the 43rd Judicial District elect a district
attorney who represents the state in all cases before the 43rd and
415th district courts.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 2003, 78th Leg., ch. 1306, § 3(c), eff. Sept. 1, 2005.
For text of section effective until September 1, 2005, see §
43.125, ante
§ 43.126. 46TH JUDICIAL DISTRICT. The voters of the
46th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.127. 47TH JUDICIAL DISTRICT. (a) The voters of
Armstrong and Potter counties elect a district attorney for the
47th Judicial District who represents the state in that district
court only in those counties.
(b) The district attorney of the 47th Judicial District also
acts as the district attorney for the 108th Judicial District.
(c) The district attorney also represents the state in all
criminal cases before the district courts of Potter and Armstrong
counties.
(d) The number of assistants and other office personnel
employed by the district attorney and the compensation of the
personnel are subject to the approval of the Commissioners Court of
Potter County.
(e) The Commissioners Court of Potter County may pay the
salaries of the office personnel of the district attorney from the
officers' salary fund, the general fund, any other available fund,
or any combination of those funds.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.128. 49TH JUDICIAL DISTRICT. (a) The voters of
the 49th Judicial District elect a district attorney.
(b) The district attorney represents the state in all
criminal cases in Webb County.
(c) The district attorney also represents the state in the
111th District Court in all criminal cases and in all other matters
in which the state is a party.
(d) Repealed by Acts 1987, 70th Leg., ch. 1045, § 3, eff.
Sept. 1, 1987.
(e) The commissioners court of any county in the district
may provide the salary of any member of the district attorney's
staff and may prescribe as a qualification for retaining a job that
a member of the staff reside in the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 1045, § 3, eff. Sept. 1, 1987.
§ 43.129. 50TH JUDICIAL DISTRICT. The voters of the
50th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.130. 51ST JUDICIAL DISTRICT. (a) The voters of
the 51st Judicial District elect a district attorney who represents
the state in all criminal and habeas corpus cases in that district
court.
(b) The district attorney of the 51st Judicial District may
request the district attorney of the 119th Judicial District to
assist in the trial of a criminal or habeas corpus case in Tom Green
County. The district attorney of the 51st Judicial District has
absolute control and management of those cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.131. 52ND JUDICIAL DISTRICT. The voters of the
52nd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.132. 53RD JUDICIAL DISTRICT. (a) The voters of
the 53rd Judicial District elect a district attorney. In addition
to performing the other duties provided by law for district
attorneys, the district attorney represents the state in all
criminal cases before all the district courts of Travis County.
(b) The Commissioners Court of Travis County may supplement
the salaries paid by the state to the assistant district attorneys
and to the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.53, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 819, § 3, eff. Sept. 1, 1993.
§ 43.133. 63RD JUDICIAL DISTRICT. (a) The voters of
the 63rd Judicial District elect a district attorney.
(b) The district attorney for the 63rd Judicial District
also acts as district attorney for the 83rd Judicial District in
Terrell and Val Verde counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 1337, § 18, eff. Sept. 1, 1999.
§ 43.134. 64TH JUDICIAL DISTRICT. (a) The voters of
Hale and Swisher counties elect a district attorney for the 64th
Judicial District who represents the state in that district court
only in those counties.
(b) The district attorney also represents the state in all
criminal cases before the county court and the justice courts in
Hale County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 198, § 1, eff. May 27, 1987.
§ 43.135. 66TH JUDICIAL DISTRICT. The voters of the
66th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.136. 69TH JUDICIAL DISTRICT. (a) The voters of
the 69th Judicial District elect a district attorney.
(b) Any commissioners court in the district may supplement
the state salary of the district attorney in an amount set by the
commissioners court. In addition, a commissioners court may
compensate the district attorney for the prosecution of
misdemeanors in the manner and amount determined by the
commissioners court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.54(a), eff. Sept. 1, 1987.
§ 43.137. 70TH JUDICIAL DISTRICT. (a) The voters of
the 70th Judicial District elect a district attorney.
(b) The district attorney of the 70th Judicial District
shall also act as district attorney for the 161st Judicial
District.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.138. 76TH JUDICIAL DISTRICT. The voters of Titus
and Camp counties elect a district attorney for the 76th Judicial
District who represents the state in all matters pending before the
district court in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.139. 79TH JUDICIAL DISTRICT. (a) The voters of
the 79th Judicial District elect a district attorney.
(b) The commissioners courts of the counties comprising the
district may supplement the state salary of the district attorney
in the amount of $2,500 a year. The commissioners court of each
county in the district shall pay a proportionate share of the
supplemental salary according to the population of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.140. 81ST JUDICIAL DISTRICT. The voters of the
81st Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.141. 83RD JUDICIAL DISTRICT. (a) The voters of
Brewster, Jeff Davis, Pecos, and Presidio counties elect a district
attorney for the 83rd Judicial District.
(b) The district attorney for the 83rd district also acts as
district attorney for the 394th Judicial District in Brewster, Jeff
Davis, and Presidio counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1995, 74th Leg., ch. 704, § 22, eff. Sept. 1, 1995; Acts
2001, 77th Leg., ch. 797, § 2, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 24, § 2, eff. Sept. 1, 2003.
§ 43.142. 84TH JUDICIAL DISTRICT. (a) The voters of
Hansford and Hutchinson counties elect a district attorney for the
84th Judicial District who represents the state in that district
court only in those counties.
(b) The district attorney may appoint an assistant district
attorney with the approval of the commissioners courts of the
counties comprising the district.
(c) The salary and expenses of the assistant district
attorney shall be paid by the counties comprising the district in
proportion to the population of the counties. The salary shall be
paid in equal monthly installments. Expense claims shall be paid at
the end of each month on the approval of the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.143. 85TH JUDICIAL DISTRICT. (a) The voters of
the 85th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the
Commissioners Court of Brazos County, may appoint the assistant
district attorneys, investigators, stenographers, secretaries,
clerks, and other personnel that he considers necessary to carry
out the duties of the office.
(c) An investigator appointed by the district attorney must
take the constitutional oath of office when appointed.
(d) The Commissioners Court of Brazos County may accept
gifts and grants from any individual, partnership, corporation,
trust, foundation, association, or political subdivision for the
purpose of financing adequate and effective prosecution, crime
prevention, or rehabilitation programs within the county or
district that are approved by the district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.144. 88TH JUDICIAL DISTRICT. The voters of Hardin
County elect a district attorney for the 88th Judicial District.
The district attorney acts as district attorney in Hardin County
only.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 1352, § 2, eff. Sept. 1, 1997.
§ 43.145. 90TH JUDICIAL DISTRICT. The voters of the
90th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.146. 97TH JUDICIAL DISTRICT. (a) The voters of
the 97th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the
commissioners courts of the counties comprising the district, may
appoint assistants, investigators, and office personnel as he
considers necessary.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.147. 100TH JUDICIAL DISTRICT. The voters of the
100th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of
the 105th Judicial District elect a district attorney. The
district attorney has the same powers and duties as other district
attorneys and serves all the district, county, and justice courts
of Nueces County and the district courts of Kleberg and Kenedy
counties.
(b) The district attorney shall attend each term and session
of the district, county, and justice courts of Nueces County and the
district courts of Kleberg and Kenedy counties and shall represent
the state in criminal cases pending in those courts. The district
attorney has control of any case heard on petition of writ of habeas
corpus before any district or inferior court in the district.
(c) The commissioners courts of the counties comprising the
district may supplement the state salary of the district attorney.
The amount of the supplement may not exceed $12,000 a year. The
supplemental salary must be paid proportionately by the
commissioners court of each county according to the population of
the county. The supplemental salary may be paid from the officers'
salary fund of a county. If that fund is inadequate, the
commissioners court may transfer the necessary funds from the
general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 387, § 1, eff. Sept. 1, 1999.
§ 43.149. 106TH JUDICIAL DISTRICT. The voters of the
106th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.150. 109TH JUDICIAL DISTRICT. (a) The voters of
Crane and Winkler counties elect a district attorney for the 109th
Judicial District who represents the state in that district court
only in those counties.
(b) The commissioners courts of the counties comprising the
district may supplement the state salary of the district attorney
in an amount not to exceed $2,000 a year. Each commissioners court
shall pay a proportionate share of the supplemental salary
according to the population of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.151. 110TH JUDICIAL DISTRICT. (a) The voters of
the 110th Judicial District elect a district attorney.
(b) The commissioners court of Briscoe or Dickens County may
supplement the state salary of the district attorney in an amount
set by the commissioners court. The commissioners court may pay the
supplemental salary from the officers' salary fund, the general
fund, any other available fund, or any combination of those funds.
(c) If there is no county attorney in Briscoe, Dickens,
Floyd, or Motley County, the district attorney may perform the
duties of county attorney for the county. The commissioners court
of the county in which the district attorney is performing the
duties of county attorney may compensate the district attorney for
the prosecution of misdemeanors in the county. The commissioners
court shall determine the amount of the compensation and the manner
of its payment.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 936, § 1, eff. June 20, 1987; Acts
1990, 71st Leg., 6th C.S., ch. 18, § 1, eff. June 18, 1990.
§ 43.152. 112TH JUDICIAL DISTRICT. (a) The voters of
the 112th Judicial District elect a district attorney.
(b) The commissioners court of one or more of the counties
comprising the district may supplement the state salary of the
district attorney by an additional salary of $4,800 a year. The
supplemental salary may be paid from the officers' salary funds of
the counties, if adequate. If the officers' salary fund of a county
is inadequate, 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, § 1, eff. Sept. 1, 1985.
§ 43.153. 118TH JUDICIAL DISTRICT. (a) The voters of
the 118th Judicial District elect a district attorney.
(b) The district attorney also represents the state in all
criminal cases before the County Court of Glasscock County.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.154. 119TH JUDICIAL DISTRICT. (a) The voters of
the 119th Judicial District elect a district attorney who
represents the state in all criminal and habeas corpus cases in that
district court.
(b) The district attorney of the 119th Judicial District may
request the district attorney of the 51st Judicial District to
assist in the trial of a criminal or habeas corpus case before the
119th District Court. The district attorney of the 119th Judicial
District has absolute control and management of those cases.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.155. 123RD JUDICIAL DISTRICT. The voters of Shelby
County elect a district attorney for the 123rd Judicial District
who represents the state in that district only in that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 6, eff. Jan. 1, 1993.
§ 43.156. 132ND JUDICIAL DISTRICT. (a) The voters of
the 132nd Judicial District elect a district attorney.
(b) The commissioners court of one or more of the counties
comprising the district may supplement the state salary of the
district attorney. The supplement may not exceed $3,000 a year.
The supplemental salary may be paid from the officers' salary fund
of the county, if adequate. If the officers' salary fund of a
county is inadequate, the commissioners court may transfer the
necessary funds from the general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.157. 142ND JUDICIAL DISTRICT. (a) The voters of
the 142nd Judicial District elect a district attorney.
(b) The district attorney represents the state in criminal
cases in all district and inferior courts other than municipal
courts having jurisdiction in Midland County.
(c) The district attorney has all of the powers, duties, and
privileges conferred by law on district and prosecuting attorneys
relating to:
(1) the prosecution of felony and misdemeanor criminal
cases;
(2) matters directly relating to criminal cases,
including asset and bond forfeitures; and
(3) delinquent children, children in need of
supervision, and protective orders under Chapter 71, Family Code.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 811, § 2, eff. Sept. 1, 1989; Acts
1997, 75th Leg., ch. 465, § 1, eff. Sept. 1, 1997.
§ 43.158. 143RD JUDICIAL DISTRICT. The voters of the
143rd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.159. 145TH JUDICIAL DISTRICT. (a) The voters of
the 145th Judicial District elect a district attorney.
(b) The district attorney, with the approval of the
Commissioners Court of Nacogdoches County, may appoint the
assistant district attorneys, investigators, and stenographers
that are necessary to carry out the duties of the office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.161. 156TH JUDICIAL DISTRICT. The voters of Bee,
Live Oak, and McMullen counties elect a district attorney for the
156th Judicial District who represents the state in that district
court only in those counties. In addition to exercising the duties
and authority conferred on district attorneys by general law, the
district attorney shall also represent the state in all criminal
cases in the district courts in those counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 16, § 1, eff. April 25, 1997; Acts
2003, 78th Leg., ch. 751, § 1, eff. Sept. 1, 2003.
§ 43.162. 159TH JUDICIAL DISTRICT. (a) The voters of
the 159th Judicial District elect a district attorney.
(b) Subject to the approval of the Commissioners Court of
Angelina County, the district attorney may appoint investigators,
court reporters, stenographers, secretaries, and other employees
as he considers adequate and necessary to conduct the affairs of the
office.
(c) An investigator appointed by the district attorney must
take the constitutional oath of office when appointed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.163. 173RD JUDICIAL DISTRICT. (a) The voters of
Henderson County elect a district attorney for the 173rd Judicial
District who represents the state in all cases in the district
courts having jurisdiction in that county.
(b) The district attorney, with the approval of the
Commissioners Court of Henderson County, may appoint assistants,
investigators, and office personnel as he considers necessary.
(c) An investigator appointed by the district attorney must
take the constitutional oath of office when appointed.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.164. 196TH JUDICIAL DISTRICT. The voters of the
196th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.165. 198TH JUDICIAL DISTRICT. (a) The voters of
the 198th Judicial District elect a district attorney who
represents the state in all matters before that district court.
(b) The district attorney of the 198th Judicial District and
the district attorneys of the other judicial districts within that
district shall assist each other in the conduct of their duties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.166. 216TH JUDICIAL DISTRICT. The voters of the
216th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.167. 220TH JUDICIAL DISTRICT. The voters of the
220th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.168. 229TH JUDICIAL DISTRICT. The voters of the
229th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.169. 235TH JUDICIAL DISTRICT. The voters of the
235th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.170. 253RD JUDICIAL DISTRICT. (a) The voters of
the 253rd Judicial District elect a district attorney who
represents the state in all cases before the 75th, 253rd, and 344th
district courts.
(b) The commissioners court of one or more of the counties
comprising the district may supplement the state salary of the
district attorney. The supplemental compensation may not exceed
$5,000 a year. The Commissioners Court of Chambers County shall pay
40 percent of any supplemental compensation, and the Commissioners
Court of Liberty County shall pay 60 percent. The supplemental
compensation must be paid from the officers' salary fund of the
county. If the officers' salary fund of a county is not adequate,
the commissioners court may transfer the necessary amount from the
general fund of the county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.171. 258TH JUDICIAL DISTRICT. (a) The voters of
Trinity County elect a district attorney for the 258th Judicial
District who represents the state in that district court only in
that county.
(b) The district attorney of the 258th Judicial District
also acts as district attorney for the 411th Judicial District in
Trinity County.
Text of subsec. (c) effective until February 1, 2005
(c) An attorney who is employed by the prison prosecution
unit shall perform the duties of the district attorney if there is a
vacancy in the office of district attorney serving the county. The
attorney who is employed by the prison prosecution unit shall
perform the duties of district attorney only until the vacancy in
the county's office of district attorney is filled by the governor
or a district attorney is elected by the voters of the district.
The duties under this subsection are in addition to the duties of
the prison prosecution unit and the attorney employed by the prison
prosecution unit. The prison prosecution unit and the attorney
employed by the prison prosecution unit are not entitled to
additional compensation or reimbursement. This subsection expires
February 1, 2005.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 60, § 2, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 655, § 1.02, 2.02, eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 122, § 1, eff. Jan. 1, 1990; Acts 1995, 74th
Leg., ch. 704, § 6, eff. Jan. 1, 1997; Acts 2003, 78th Leg., ch.
1257, § 1, eff. June 20, 2003.
§ 43.172. 259TH JUDICIAL DISTRICT. The voters of the
259th Judicial District elect a district attorney. In addition to
exercising the duties and authority provided by general law for
district attorneys, the district attorney represents the state in
all felony cases before the 259th District Court in Jones and
Shackelford counties.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.173. 266TH JUDICIAL DISTRICT. The voters of the
266th Judicial District elect a district attorney who represents
the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.174. 271ST JUDICIAL DISTRICT. The voters of the
271st Judicial District elect a district attorney who represents
the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.1745. 278TH JUDICIAL DISTRICT. (a) The voters of
Grimes County elect a district attorney for the 278th Judicial
District who represents the state only in that county.
(b) The district attorney shall attend each term and session
of the district courts and all other courts, except municipal
courts, in Grimes County and, unless otherwise provided by law,
shall exclusively represent the state in all criminal matters in
those courts.
(c) The district attorney has no power, duty, or privilege
relating to family law and juvenile matters, including matters
involving children's protective services, protective orders under
Chapter 71, Family Code, orders under Chapter 159, Family Code,
proceedings under Title 3, Family Code, civil commitment matters
under Subtitle C, Title 7, Health and Safety Code, or a quo warranto
or removal case, except, that if the county attorney fails or
refuses to act in a quo warranto or removal case, the district
attorney has the power, duty, and privilege to bring a removal of
quo warranto action.
(d) The district attorney has no power, duty, or privilege
in any civil matter pending before any court.
(e) The district attorney must be at least 30 years of age,
must have been a practicing attorney in this state for at least five
years, and must have been a resident of Grimes County for at least
three years immediately preceding election or appointment.
(f) The district attorney may not engage in the private
practice of law.
(g) The district attorney may, for the purpose of conducting
the affairs of the office, appoint assistant district attorneys,
investigators, and other necessary staff. The salaries of the
members of the staff of the district attorney's office shall be paid
from the officer's salary fund of the county with the approval of
the commissioners court.
Added by Acts 1995, 74th Leg., ch. 704, § 25, eff. Jan. 1, 1997.
Amended by Acts 1997, 75th Leg., ch. 165, § 7.29, eff. Sept. 1,
1997.
§ 43.175. 286TH JUDICIAL DISTRICT. The voters of the
286th Judicial District elect a district attorney who represents
the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.176. 287TH JUDICIAL DISTRICT. The voters of the
287th Judicial District elect a district attorney who represents
the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.177. 293RD JUDICIAL DISTRICT. (a) The voters of
the 293rd Judicial District elect a district attorney who
represents the state in all cases before that district court.
(b) The commissioners court of one or more of the counties
comprising the district may supplement the state salary of the
district attorney. The commissioners court of each county may set
the amount of supplemental compensation paid by that county.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 286, § 1, eff. June 14, 1989.
§ 43.1775. 329TH JUDICIAL DISTRICT. (a) The voters of
the 329th Judicial District elect a district attorney.
(b) The district attorney represents the state and performs
the duties of prosecutor in all criminal matters before the
district and county courts in Wharton County.
(c) At the request of the county attorney, the district
attorney may assist the county attorney in the prosecution of
juvenile cases under Title 3, Family Code.
Added by Acts 1995, 74th Leg., ch. 457, § 2, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 477, § 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 51, § 1, eff. Sept. 1, 2003.
§ 43.178. 349TH JUDICIAL DISTRICT. (a) The voters of
Houston County elect a district attorney for the 349th Judicial
District who represents the state in all cases before that district
court only in that county.
(b) The district attorney, with the approval of the
Commissioners Court of Houston County, may appoint the necessary
assistants, investigators, and personnel for the office.
(c) The salaries of the staff of the district attorney and
the operating expenses of the office of the district attorney must
be paid from the general fund of the county.
(d) An investigator appointed by the district attorney must
take the constitutional oath of office.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 43.179. 355TH JUDICIAL DISTRICT. The voters of the
355th Judicial District elect a district attorney who represents
the state in all cases before that district court.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.56, eff. Sept. 1, 1987.
§ 43.180. HARRIS COUNTY DISTRICT ATTORNEY. (a) The
voters of Harris County elect a district attorney.
(b) The district attorney shall attend each term and session
of the district courts of Harris County. The district attorney
shall represent the state in criminal cases pending in the district
and inferior courts of the county. The district attorney has
control of any case heard on habeas corpus before any civil district
court or criminal court of the county.
(c) The district attorney has all the powers, duties, and
privileges in Harris County relating to criminal matters for and in
behalf of the state that are conferred on district attorneys in the
various counties and districts.
(d) The allocation formerly made under Section 6(a),
Chapter 465, Acts of the 44th Legislature, 2nd Called Session, 1935
(Article 3912e, Vernon's Texas Civil Statutes), now codified as
Section 154.008, Local Government Code, to the criminal district
attorney of Harris County shall be made and allocated on the same
basis to the district attorney in the General Appropriations Act.
(e) The Commissioners Court of Harris County shall pay the
district attorney a salary of not less than $35,000 a year. The
county salary shall be paid in equal monthly installments.
(f) At the option of the district attorney, the comptroller
of public accounts shall pay directly to the district attorney a
salary equal to the salary authorized by the General Appropriations
Act for a district attorney. The salary shall be paid in equal
monthly installments on the first day of each month. If the
district attorney receives a salary from the state under this
subsection, the amount of the salary shall be deducted from the
amount to be paid to Harris County under Subchapter C, Chapter 41.
The total compensation of the district attorney from all sources
may not be less than the salary of the district attorney paid by the
county in effect on August 29, 1977.
(g) The district attorney may not engage in the private
practice of law whether or not he is compensated for his services.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 149, § 37, eff. Sept. 1, 1987.
§ 43.181. 268TH JUDICIAL DISTRICT. (a) The voters of
the 268th Judicial District elect a district attorney.
(b) The district attorney shall attend each term and session
of the district courts in Fort Bend County and, unless otherwise
provided by law, shall represent the state in all felony and
misdemeanor criminal cases and matters directly relating to
criminal cases in all the courts of the county, including any asset
forfeitures related to criminal activities, and bond forfeiture
proceedings through judgment other than collection of a final
judgment on a bond forfeiture.
(c) The district attorney has the powers, duties, and
privileges in Fort Bend County relating to family law and juvenile
matters, including children's protective services, protective
orders under Chapter 71, Family Code, orders under Chapter 159,
Family Code, and proceedings under Title 3, Family Code.
(d) The district attorney has no power, duty, or privilege
in Fort Bend County relating to a quo warranto or removal from
office proceeding, except that if the county attorney fails or
refuses to act in a removal case, the district attorney has the
power, duty, and privilege to bring a removal from office action or
a quo warranto proceeding.
(e) Except as provided by Subsections (c) and (g), the
district attorney has no power, duty, or privilege to represent
this state, Fort Bend County, or the officials of Fort Bend County
in any civil matter pending before any court.
(f) Except as provided by the Code of Criminal Procedure,
the district attorney has no power, duty, or privilege in Fort Bend
County relating to a civil commitment matter under Subtitle C,
Title 7, Health and Safety Code, for and on behalf of the state.
(g) At the request of the county attorney, the district
attorney may assist the county attorney in civil matters in Fort
Bend County.
(h) The district attorney shall, with the approval of the
commissioners court, appoint the assistant district attorneys and
other assistants necessary to the proper performance of the
district attorney's duties. The commissioners court shall set the
salary of an assistant to the district attorney.
Added by Acts 1989, 71st Leg., ch. 1099, § 1, eff. Jan. 1, 1991.
Amended by Acts 1991, 72nd Leg., ch. 76, § 14, eff. Sept. 1,
1991; Acts 1997, 75th Leg., ch. 165, § 7.30, eff. Sept. 1, 1997.
