Tex. Code Crim. Proc. art. 2A.104 · Subchapter C. ATTORNEYS REPRESENTING STATE
TEMPORARY APPOINTMENT OF ATTORNEY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this article, "attorney representing the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney.
(b) If an attorney representing the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or if there is no attorney representing the state, the judge of the court in which the attorney represents the state may appoint to perform the duties of the attorney's office during the attorney's absence or disqualification:
(1) an attorney representing the state from any county or district; or
(2) an assistant attorney general.
(c) An attorney representing the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified.
(d) Except as otherwise provided by this subsection, the duties of the office appointed under Subsection (b) are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.2A.htm
- Text hash
- sha256 212909b81f40d698e11502df812cf662dc153f1381d31644b4a19b8e180b26fd
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 5 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 2A.104. Each shows the citation as that text prints it.
Code of Criminal Procedure
Government Code
- Tex. Gov't Code § 402.028ASSISTANCE TO PROSECUTING ATTORNEYS.Printed as Article 2A.104, Code of Criminal Procedure
- Tex. Gov't Code § 411.0255DISQUALIFICATION OF PROSECUTING ATTORNEY OR JUDGE; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL REGION.Printed as Article 2A.104, Code of Criminal Procedure
- Tex. Gov't Code § 574.004ASSISTANCE BY ATTORNEY GENERAL.Printed as Article 2A.104, Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.