Tex. Gov't Code § 41.015 · Subchapter A. OFFICE OF PROSECUTING ATTORNEY
CALL TO ACTIVE DUTY NOT VACANCY OR ABSENCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "active duty state attorney" means a district attorney, criminal district attorney, or county attorney who is on active duty or being mobilized or deployed for active duty as a member of:
(1) the National Guard;
(2) the armed forces of the United States;
(3) a reserve component of the armed forces of the United States or the National Guard; or
(4) any part of state military forces.
(b) A court shall excuse from appearance or attendance during the term of the court an active duty state attorney who has:
(1) delegated the attorney's responsibilities to:
(A) the attorney's first assistant; or
(B) another state attorney in the attorney's jurisdiction or in a jurisdiction overlapping the attorney's jurisdiction who agrees to accept the delegation of responsibilities; and
(2) notified the presiding judge of the court's administrative judicial region of:
(A) the attorney's military duty, mobilization, or deployment; and
(B) the identity of the attorney to whom responsibilities were delegated under Subdivision (1).
(c) An active duty state attorney who complies with Subsection (b) is not absent from office and has not vacated office.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 425 (S.B. 910), Sec. 1, eff. June 17, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.41.htm
- Text hash
- sha256 8a6d1b8c23ea5ad9ecebf2ff879ea2b1fd187f9afaf8f8310f445cfbd4dffde4
- 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. Gov't Code § 41.015. Each shows the citation as that text prints it.
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.