Texas Code of Criminal Procedure 45.031 – Counsel for State Not Present
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(a) If the state is not represented by counsel when the case is called for trial, the justice or judge may:
(1) postpone the trial to a date certain;
(2) appoint any competent attorney as an attorney pro tem to represent the state, notwithstanding Article 2.07; or
(3) proceed to trial.
(b) An attorney appointed under Subsection (a) is qualified to perform the duties of the office of the attorney representing the state and may be paid a reasonable fee for performing those duties.
Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
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Terms Used In Texas Code of Criminal Procedure 45.031
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.