Tex. Code Crim. Proc. art. 45A.005 · Subchapter A. GENERAL PROVISIONS
PROSECUTING ATTORNEY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A county or district attorney or a deputy county or district attorney shall conduct each prosecution in a justice court.
(b) Except as otherwise provided by law, a district attorney or a deputy district attorney with the consent of the county attorney may prosecute an appeal from a justice court.
(c) A municipal attorney or a deputy municipal attorney shall conduct each prosecution in a municipal court.
(d) The county attorney of the county in which a municipality is located may also represent the state in a prosecution in a municipal court in that municipality. The county attorney is not entitled to receive any fees or other compensation for representing the state in a prosecution described by this subsection.
(e) With the consent of the county attorney, a municipal attorney or a deputy municipal attorney may prosecute an appeal from a municipal court to a county court, county court at law, or appellate court.
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.45A.htm
- Text hash
- sha256 289b0dae6659560eb2c1f282fc6b9c7956b3cd238e07c7f22bee2198ae184edd
- 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 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 45A.005. Each shows the citation as that text prints it.
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