(a) Whenever an attorney for 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 in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state.
(b) Except as otherwise provided by this subsection, the duties of the appointed office 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.

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Terms Used In Texas Code of Criminal Procedure 2.07

  • 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.

(b-1) An attorney for 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.
(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
(d) In this article, “attorney for the state” means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney.
(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.
(g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. 341), Sec. 4, eff. September 1, 2019.


Text of article effective until January 01, 2025