CHAPTER 43. DISTRICT ATTORNEYS

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE C. PROSECUTING ATTORNEYS

CHAPTER 43. DISTRICT ATTORNEYS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(105), eff.

Sept. 1, 1995.

SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC DISTRICTS

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 739, Sec. 1, eff. Sept. 1,

1997.

Sec. 43.102. 2ND JUDICIAL DISTRICT. The voters of the 2nd

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 11(b),

eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 917, Sec. 1, eff.

Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 60, Sec. 1, eff. Sept. 1,

1987; Acts 1987, 70th Leg., ch. 655, Sec. 2.01, eff. Sept. 1,

1987; Acts 1993, 73rd Leg., ch. 565, Sec. 1, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 704, Sec. 5, eff. Jan. 1, 1997; Acts

1999, 76th Leg., ch. 911, Sec. 1, eff. Jan. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 704, Sec. 24, eff. Jan. 1,

1997; Acts 1997, 75th Leg., ch. 226, Sec. 1, eff. Sept. 1, 1997.

Sec. 43.107. 18TH JUDICIAL DISTRICT. The voters of the 18th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.50(a), eff.

Sept. 1, 1987; Acts 2003, 78th Leg., ch. 665, Sec. 1, eff. June

20, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 457, Sec. 1, eff. Sept. 1,

1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 1448, Sec. 1, eff. Sept. 1,

1997.

Sec. 43.113. 26TH JUDICIAL DISTRICT. The voters of the 26th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 4, eff.

Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.117. 31ST JUDICIAL DISTRICT. The voters of the 31st

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 91, Sec. 1, eff. Aug. 30,

1993.

Sec. 43.118. 32ND JUDICIAL DISTRICT. The voters of the 32nd

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.119. 33RD JUDICIAL DISTRICT. The voters of Blanco,

Burnet, Llano, and San Saba Counties elect a district attorney

for the 33rd and 424th Judicial Districts.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1342, Sec. 12, eff. September 1, 2007.

Sec. 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 the budgeted prosecution costs,

which may not exceed a total of $90,000 for Culberson and

Hudspeth Counties per fiscal year, for the preparation and

conduct of criminal affairs of the district attorney's office,

including compensation for assistants and other employees of the

district attorney, applicable to their respective county. Each

year the district attorney's office shall:

(1) prepare a budget and financial statement for the upcoming

fiscal year; and

(2) file the budget and financial statement with the

commissioners courts of Hudspeth and Culberson Counties.

(d-1) The budget and financial statement required by Subsection

(d) must contain:

(1) the budgeted prosecution costs for Culberson and Hudspeth

Counties, with the costs for each county listed separately; and

(2) any additional information considered appropriate by the

district attorney or required by the commissioners court of

Culberson or Hudspeth County.

(d-2) Hudspeth and Culberson Counties shall remit one-fourth of

the budgeted prosecution costs applicable to the respective

county to El Paso County not later than the last day of each

fiscal quarter.

(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) El Paso County is responsible for managing the funds

expended by the district attorney for the preparation and conduct

of criminal affairs of the district attorney's office, including

funds to compensate assistants and other employees of the

district attorney. Hudspeth and Culberson Counties shall remit

one-fourth of the budgeted funds to El Paso County not later than

the last day of each fiscal quarter. The Commissioners Court of

El Paso County must approve the number of assistants and other

employees appointed by the district attorney and the amount of

compensation of those employees.

(g) Nothing in this section prevents El Paso County from

entering into an interlocal agreement with Culberson or Hudspeth

County in lieu of budgeting costs as provided by this section or

Section 140.003, Local Government Code. An interlocal agreement

under this subsection may not exceed $90,000 per fiscal year.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 493, Sec. 1, eff. Oct. 1,

1993; Acts 1995, 74th Leg., ch. 704, Sec. 21, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1342, Sec. 13(a), eff. October 1, 2007.

Sec. 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, Sec. 1, eff.

Sept. 1, 1999.

(c) Repealed by Acts 1993, 73rd Leg., ch. 819, Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.52(a), eff.

Sept. 1, 1987; Acts 1987, 70th Leg., ch. 892, Sec. 1, eff. Jan.

1, 1989; Acts 1989, 71st Leg., ch. 2, Sec. 16.01(22), eff. Aug.

28, 1989; Acts 1993, 73rd Leg., ch. 819, Sec. 4, eff. Sept. 1,

1993; Acts 1999, 76th Leg., ch. 1027, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.123. 38TH JUDICIAL DISTRICT. The voters of the 38th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.124. 39TH JUDICIAL DISTRICT. The voters of the 39th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 5, eff.

Sept. 1, 1991.

Sec. 43.125. 43RD JUDICIAL DISTRICT. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2003, 78th Leg., ch. 1306, Sec. 3(c), eff. Sept.

1, 2005.

Sec. 43.126. 46TH JUDICIAL DISTRICT. The voters of the 46th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 1045, Sec. 3, eff. Sept. 1,

1987.

Sec. 43.129. 50TH JUDICIAL DISTRICT. The voters of the 50th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.131. 52ND JUDICIAL DISTRICT. The voters of the 52nd

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.53, eff. Sept.

1, 1987; Acts 1993, 73rd Leg., ch. 819, Sec. 3, eff. Sept. 1,

1993.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 1337, Sec. 18, eff. Sept. 1,

1999.

Sec. 43.134. 64TH JUDICIAL DISTRICT. (a) The voters of Hale

County elect a district attorney for the 64th Judicial District

who represents the state in that district court only in Hale

County.

(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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 198, Sec. 1, eff. May 27,

1987.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

787, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1103, Sec. 16(a), eff. September 1, 2009.

Sec. 43.135. 66TH JUDICIAL DISTRICT. The voters of the 66th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.54(a), eff.

Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.140. 81ST JUDICIAL DISTRICT. The voters of the 81st

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1995, 74th Leg., ch. 704, Sec. 22, eff. Sept. 1,

1995; Acts 2001, 77th Leg., ch. 797, Sec. 2, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 24, Sec. 2, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 1352, Sec. 2, eff. Sept. 1,

1997.

Sec. 43.145. 90TH JUDICIAL DISTRICT. The voters of the 90th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.147. 100TH JUDICIAL DISTRICT. The voters of the 100th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of Nueces

County elect a district attorney for the 105th Judicial District

who has the same powers and duties as other district attorneys

and serves all the district, county, and justice courts of Nueces

County.

(b) The district attorney shall attend each term and session of

the district, county, and justice courts of Nueces County 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 court of Nueces County may supplement the

state salary of the district attorney. The amount of the

supplement may not exceed $12,000 a year. The supplemental

salary may be paid from the officers' salary fund of the 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1999, 76th Leg., ch. 387, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1342, Sec. 14, eff. September 1, 2007.

Sec. 43.149. 106TH JUDICIAL DISTRICT. The voters of the 106th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.150. 109TH JUDICIAL DISTRICT. 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.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

318, Sec. 3, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 936, Sec. 1, eff. June 20,

1987; Acts 1990, 71st Leg., 6th C.S., ch. 18, Sec. 1, eff. June

18, 1990.

Sec. 43.152. 112TH JUDICIAL DISTRICT. The voters of the 112th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

80, Sec. 2, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 6, eff.

Jan. 1, 1993.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 811, Sec. 2, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 465, Sec. 1, eff. Sept. 1, 1997.

Sec. 43.158. 143RD JUDICIAL DISTRICT. The voters of the 143rd

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 16, Sec. 1, eff. April 25,

1997; Acts 2003, 78th Leg., ch. 751, Sec. 1, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.164. 196TH JUDICIAL DISTRICT. The voters of the 196th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.166. 216TH JUDICIAL DISTRICT. The voters of the 216th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.167. 220TH JUDICIAL DISTRICT. The voters of the 220th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.168. 229TH JUDICIAL DISTRICT. The voters of the 229th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.169. 235TH JUDICIAL DISTRICT. The voters of the 235th

Judicial District elect a district attorney.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 43.170. 253RD JUDICIAL DISTRICT. (a) The voters of

Liberty County elect a district attorney for the 253rd Judicial

District who represents the state in that district only in that

county and in all cases before the 75th District Court.

(b) The Commissioners Court of Liberty County may supplement the

state salary of the district attorney. The supplemental

compensation may not exceed $5,000 a year. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

734, Sec. 1, eff. January 1, 2009.

Sec. 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.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 60, Sec. 2, eff. Sept. 1,

1987; Acts 1987, 70th Leg., ch. 655, Sec. 1.02, 2.02, eff. Sept.

1, 1987; Acts 1989, 71st Leg., ch. 122, Sec. 1, eff. Jan. 1,

1990; Acts 1995, 74th Leg., ch. 704, Sec. 6, eff. Jan. 1, 1997;

Acts 2003, 78th Leg., ch. 1257, Sec. 1, eff. June 20, 2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 286, Sec. 1, eff. June 14,

1989.

Sec. 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, Sec. 2, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 477, Sec. 1, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 51, Sec. 1, eff. Sept.

1, 2003.

Sec. 43.1777. 344TH JUDICIAL DISTRICT. (a) The voters of the

344th Judicial District elect a district attorney who represents

the state in cases before the district courts of Chambers County.

(b) The Commissioners Court of Chambers County may supplement

the state salary of the district attorney. The supplemental

compensation may not exceed $5,000 a year.

Added by Acts 2005, 79th Leg., Ch.

734, Sec. 2, eff. January 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.56, eff. Sept.

1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 149, Sec. 37, eff. Sept. 1,

1987.

Sec. 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,

except as provided by Subsection (f-1), protective orders under

Title 4, 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.

(f-1) The district attorney has no power, duty, or privilege in

Fort Bend County relating to a matter involving children's

protective services.

(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, Sec. 1, eff. Jan. 1,

1991. Amended by Acts 1991, 72nd Leg., ch. 76, Sec. 14, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 7.30, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

659, Sec. 1, eff. September 1, 2005.

Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY COUNTIES.

(a) The voters of Kleberg and Kenedy Counties elect a district

attorney. The district attorney has the same powers and duties

as other district attorneys and serves the district courts of

Kleberg and Kenedy Counties.

(b) The district attorney shall attend each term and session of

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1342, Sec. 15, eff. September 1, 2007.

Sec. 43.183. 506TH JUDICIAL DISTRICT. (a) The voters of Grimes

County elect a district attorney for the 506th 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 the time required under Section 141.001, Election Code.

(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, Sec. 25, eff. Jan. 1,

1997. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.29, eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1342, Sec. 9(i), eff. September 1, 2007.

Redesignated from Government Code, Section 43.1745 and amended by

Acts 2007, 80th Leg., R.S., Ch.

1342, Sec. 9(j), eff. September 1, 2008.