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Texas Code of Criminal Procedure

§ 45A.005 — PROSECUTING ATTORNEY

CR § 45A.005Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 45A. JUSTICE AND MUNICIPAL COURTS · Art. A. GENERAL PROVISIONS

Statute text

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(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.

Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.

Source: Texas Code of Criminal Procedure § 45A.005 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.