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Texas Constitution art. 5 §21
In force on Jun 26, 2024 · this text took effect (date not stated) · same as today's text
COUNTY ATTORNEYS; DISTRICT ATTORNEYS
A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. District Attorneys shall hold office for a term of four years, and until their successors have qualified.
(Feb. 15, 1876. Amended Nov. 2, 1954.)
History:
Source: the Legislature's file server, seen Feb 17, 2022 to Nov 08, 2026.
Every version on file
- Effective date not stated · seen Feb 2022–Nov 2026
- Effective date not stated · seen Jul 2018–Jan 2020
Attorney General opinions that cite it
- KP-0486 (Jun 26, 2024): Whether, using certain grant funds, a county’s hiring of an administrative assistant to work in a dual role for the county judge and the prosecuting attorney constitutes a conflict of interest
- KP-0265 (Aug 13, 2019): Whether the same individual may serve as city manager and as police chief in a home-rule municipality
- KP-0139 (Oct 04, 2016): The type of bond required for a county attorney who performs the functions of both a county and district attorney
- GA-0714 (Oct 20, 2008): Authority of a county to contract with a private entity for the collection of delinquent fines, fees, and court costs
- GA-0241 (Mar 05, 2004): Whether an attorney appointed county attorney pro tern is disqualified from acting as criminal defense counsel in an adjoining county under Code of Criminal Procedure article 2.08
- GA-0153 (Sep 18, 2003): Whether the Fannin County Commissioners Court may retain counsel to advise it on legal matters without the consent of the county attorney O-7346 ( 1946 ) Overruled by H-61-A (1973)
- JM-0028: Representation of office State Affairs Committees of Public Utility Counsel in P. 0. Box 12068 court Austin, Texas 78711
- JM-0194: Duties of certain officials under article 42.12, Code of Criminal Procedure You have asked the following questions regarding the duties, responsibilities, md limitations of authority of the district attorney (or other state prosecutor), district judge, and probation officer under section 8(a) of article 42.12 of the Code of Criminal Procedure concerni,: the revocation of probation: 1. D~ZS the fact that a probation revocation hearing '7%~ been held to be administrative, rather than crj.minal in nature, change the duties and responsi>tlities of the district attorney, or other state prosecutor,
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.