(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.

Terms Used In Texas Code of Criminal Procedure 2A.104

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(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.


Text of article effective on January 01, 2025

  Previous section
Next section  
 Subchapter C Contents