Tex. Code Crim. Proc. art. 2A.105 · Subchapter C. ATTORNEYS REPRESENTING STATE
GROUNDS FOR DISQUALIFICATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A district attorney may not represent the state in a criminal case in which the attorney has been, before the attorney's election, employed adversely to the state.
(b) A district or county attorney may not:
(1) be of counsel adversely to the state in any case in any court; or
(2) after the attorney ceases to be a district or county attorney, be of counsel adversely to the state in any case in which the attorney has been of counsel for the state.
(c) A judge of a court in which a district or county attorney represents the state shall declare the attorney disqualified for purposes of Article 2A.104 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation.
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 8af8fb1c387954076f2480c39423efb40c11050c9de81512a7fb5ecf6c6995e1
- 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
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Code of Criminal Procedure
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