reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.102. Employment of Assistants and Personnel

Sec. 41.102.  EMPLOYMENT OF ASSISTANTS AND PERSONNEL.  (a)  A prosecuting attorney may employ the assistant prosecuting attorneys, investigators, secretaries, and other office personnel that in the prosecuting attorney's judgment are required for the proper and efficient operation and administration of the office.  The commissioners court may authorize a prosecuting attorney to appoint reserve investigators. The commissioners court may limit the number of reserve investigators that a prosecuting attorney may appoint. A reserve investigator may accept other employment or compensation that does not impair the reserve investigator's independence in the performance of the reserve investigator's duties for the prosecuting attorney.
(b)  A prosecuting attorney may request the assistance of the attorney general, and the attorney general may offer to the prosecuting attorney the assistance of his office, in the prosecution of all manner of criminal cases or in performing any duty imposed by law on the prosecuting attorney.  In requesting or accepting such assistance, a prosecuting attorney may appoint any assistant attorney general as an assistant prosecuting attorney.
(c)  The attorney general may offer to assist a prosecuting attorney in the prosecution of criminal offenses concerning the Texas Juvenile Justice Department.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 785, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 13, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1158 (S.B. 2037), Sec. 1, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 685 (H.B. 480), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 87, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.103. Assistant Prosecuting Attorneys

Sec. 41.103.  ASSISTANT PROSECUTING ATTORNEYS.  (a)  An assistant prosecuting attorney must be licensed to practice law in this state and shall take the constitutional oath of office.
(b)  An assistant prosecuting attorney may perform all duties imposed by law on the prosecuting attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.104. Bond

Sec. 41.104.  BOND.  A prosecuting attorney may require his assistant prosecuting attorneys, investigators, and secretaries to have a bond in the amount that the prosecuting attorney sets.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.105. Removal

Sec. 41.105.  REMOVAL.  All personnel of a prosecuting attorney's office are subject to removal at the will of the prosecuting attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.106. Compensation

Sec. 41.106.  COMPENSATION.  (a)  A prosecuting attorney shall fix the salaries of his assistant prosecuting attorneys, investigators, secretaries, and other office personnel, subject to the approval of the commissioners court of the county or counties composing the district.
(b)  In addition to their salaries, assistant prosecuting attorneys and investigators may be allowed actual and necessary travel expenses incurred in the discharge of their duties, not to exceed the amount fixed by the prosecuting attorney and approved by the commissioners court of the county or counties composing the district.  The county may pay claims for travel expenses from the general fund, the officers' salary fund, or any other available funds of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.107. Equipment and Supplies

Sec. 41.107.  EQUIPMENT AND SUPPLIES.  (a)  The commissioners court of the county or counties composing a district may furnish telephone service, typewriters, office furniture, office space, supplies, and the other items and equipment that are necessary to carry out the official duties of the prosecuting attorney's office and may pay the expenses incident to the operation of the office.
(b)  The commissioners court of the county or counties composing a district may furnish automobiles for the use of the prosecuting attorney's office in conducting the official duties of the office and may provide for the maintenance of the automobiles.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.108. Gifts and Grants

Sec. 41.108.  GIFTS AND GRANTS.  The commissioners court of the county or counties composing a district may accept gifts and grants from any foundation or association for the purpose of financing adequate and effective prosecution programs in the county or district.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.109. Authority of Investigator

Sec. 41.109.  AUTHORITY OF INVESTIGATOR.  (a)  An investigator appointed by a prosecuting attorney has the same authority as the sheriff of the county to make arrests anywhere in the county and to serve anywhere in the state warrants, capiases, subpoenas in criminal cases, and all other processes in civil or criminal cases issued by a district court, county court, or justice court of this state.
(b)  An investigator is under the exclusive authority and direction of the prosecuting attorney and is not under the authority and direction of the sheriff.  The prosecuting attorney is responsible for the official acts of his investigators and has the same remedies against his investigators and their sureties as any person has against a prosecuting attorney and his sureties.
(c)  An investigator may not draw a fee of any character for performing a duty prescribed by this section.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 419 (S.B. 1244), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 925 (H.B. 3210), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.110. Training Related to Family Violence

Sec. 41.110.  TRAINING RELATED TO FAMILY VIOLENCE.  The court of criminal appeals shall adopt rules regarding the training of prosecuting attorneys relating to cases involving a charge that a person committed an act of family violence as defined by Section 71.004, Family Code.
Added by Acts 1995, 74th Leg., ch. 67, Sec. 4, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.001(c), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter B. Staff of Prosecuting Attorney › Section 41.111. Training Related to Prosecuting Attorney's Duty to Disclose Exculpatory and Mitigating Evidence

Sec. 41.111.  TRAINING RELATED TO PROSECUTING ATTORNEY'S DUTY TO DISCLOSE EXCULPATORY AND MITIGATING EVIDENCE.  (a)  Each attorney representing the state in the prosecution of felony and misdemeanor criminal offenses other than Class C misdemeanors shall complete a course of study relating to the duty of a prosecuting attorney to disclose exculpatory and mitigating evidence in a criminal case.
(b)  The court of criminal appeals shall adopt rules relating to the training required by Subsection (a).  In adopting the rules, the court shall consult with a statewide association of prosecuting attorneys in the development, provision, and documentation of the required training.
(c)  The rules must:
(1)  require that each attorney, within 180 days of assuming duties as an attorney representing the state described in Subsection (a), shall receive one hour of instruction relating to the duty of a prosecuting attorney to disclose exculpatory and mitigating evidence in a criminal matter;
(2)  require additional training on a schedule or at a time as determined by the court;
(3)  provide that the required training be specific with respect to a prosecuting attorney's duties regarding the disclosure of exculpatory and mitigating evidence in a criminal case, and must be consistent with case law and the Texas Disciplinary Rules of Professional Conduct; and
(4)  provide for a method of certifying the completion of the training described in Subdivisions (1) and (2).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1280 (H.B. 1847), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter C. Apportionment of State Funds for Prosecution in Certain Counties › Section 41.201. Eligible Counties

Sec. 41.201.  ELIGIBLE COUNTIES.  This subchapter applies only to:
(1)  Harris County;  and
(2)  any other county in which:
(A)  the county officials are compensated on a salary basis;  and
(B)  there is a criminal district attorney or a county attorney performing the duties of a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter C. Apportionment of State Funds for Prosecution in Certain Counties › Section 41.202. Transfer by Comptroller

Sec. 41.202.  TRANSFER BY COMPTROLLER.  (a)  On the first day of September, January, and May of each fiscal year, the comptroller shall deposit the amount provided by this subchapter in the officers' salary fund of each county to which this subchapter applies from the available appropriations made by the legislature for that purpose.
(b)  A county in which the commissioners court is entitled to determine whether county officers are paid on a salary basis may not receive funds under this subchapter until the commissioners court notifies the comptroller of its order providing that the county officers in the county are to be compensated on a salary basis.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter C. Apportionment of State Funds for Prosecution in Certain Counties › Section 41.203. Amount of Transfer

Sec. 41.203.  AMOUNT OF TRANSFER.  (a)  In making the deposits provided by Section 41.202, the comptroller shall apportion the amount appropriated for that purpose among the eligible counties on the basis of the population of each county as provided by this section.
(b)  The annual apportionment for a county may not exceed:
(1)  10 cents per capita for a county with a population of less than 8,500;
(2)  7-1/2 cents per capita for a county with a population of 8,500 or more and not more than 19,000;
(3)  5 cents per capita for a county with a population of more than 19,000 and not more than 75,000;
(4)  4 cents per capita for a county with a population of more than 75,000;  and
(5)  4 cents per capita for Harris County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter C. Apportionment of State Funds for Prosecution in Certain Counties › Section 41.204. Apportionment by Commissioners Court

Sec. 41.204.  APPORTIONMENT BY COMMISSIONERS COURT.  The commissioners court of a county receiving money from the state under this subchapter shall apportion the money to the proper officers' salary fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.251. Definitions

Sec. 41.251.  DEFINITIONS.  In this subchapter:
(1)  "Assistant prosecutor" means an assistant district attorney, an assistant criminal district attorney, or an assistant county attorney.
(2)  "Full-time employee" means an assistant prosecutor who is normally scheduled to work at least 40 hours a week as an assistant prosecutor.
(3)  "Part-time employee" means an assistant prosecutor who is not a full-time employee.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 36 (S.B. 844), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.252. Longevity Pay

Sec. 41.252.  LONGEVITY PAY.  (a)  An assistant prosecutor is entitled to longevity pay if the assistant prosecutor:
(1)  is a full-time employee on the last day of a state fiscal quarter;
(2)  is not on leave without pay on the last day of a state fiscal quarter;  and
(3)  has accrued at least four years of lifetime service credit not later than the last day of the month preceding the last month of a state fiscal quarter.
(b)  The district attorney, criminal district attorney, or county attorney in the county in which the assistant prosecutor is employed shall certify the eligibility of the assistant prosecutor to receive a longevity pay supplement under this subchapter.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 1, eff. Dec. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.253. Amount

Sec. 41.253.  AMOUNT.  (a)  Except as provided by Section 41.255(f), the amount of longevity pay is $20 per month for each year of lifetime service credit.
(b)  The increase is effective beginning with the month following the month in which the fourth year of lifetime service credit is accrued.
(c)  An assistant prosecutor may not receive as longevity pay from the county under this subchapter:
(1)  more than $20 for each year of lifetime service credit, regardless of the number of positions the assistant prosecutor holds or the number of hours the assistant prosecutor works each week;  or
(2)  more than $5,000 annually.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 2, eff. Dec. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.254. Limitations on Law Practice

Sec. 41.254.  LIMITATIONS ON LAW PRACTICE.  (a)  An assistant prosecutor who receives longevity pay under this subchapter may not engage in the private practice of law if, from all funds received, the assistant prosecutor receives a salary that is equal to or more than 80 percent of the salary paid by the state to a district judge.
(b)  An assistant prosecutor who becomes subject to this section may complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the assistant prosecutor serves and that are pending in court before the assistant prosecutor exceeds the salary cap.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.255. Funding

Sec. 41.255.  FUNDING.  (a)  The county shall pay a longevity pay supplement under this subchapter to the extent the county receives funds from the comptroller as provided by Subsection (d).
(b)  The county may not reduce the salary of the assistant prosecutor to offset the longevity pay supplement.
(c)  If an assistant prosecutor performs services for more than one county, the counties shall apportion the longevity pay supplement according to the ratio a county's population bears to the total population of the counties in which the assistant prosecutor performs services.
(d)  Not later than the 15th day after the start of each state fiscal quarter, the county shall certify to the comptroller the total amount of longevity pay supplement due to all assistant prosecutors in the county for the preceding state fiscal quarter.  The comptroller shall issue a warrant to the county for the amount certified.  The comptroller shall issue warrants to the counties not later than the 60th day after the first date of each state fiscal quarter.
(e)  On the receipt of funds from the comptroller as provided by Subsection (d), the county shall pay longevity supplements to eligible assistant prosecutors in the next regularly scheduled salary payment or in a separate payment.
(f)  A county is not required to pay longevity supplements if the county does not receive funds from the comptroller as provided by Subsection (d).  If sufficient funds are not available to meet the requests made by counties for funds for payment of assistant prosecutors qualified for longevity supplements:
(1)  the comptroller shall apportion the available funds to the eligible counties by reducing the amount payable to each county on an equal percentage basis;
(2)  a county is not entitled to receive the balance of the funds at a later date; and
(3)  the longevity pay program under this chapter is suspended to the extent of the insufficiency.
(g)  Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 38.02, eff. September 28, 2011.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 3, eff. Dec. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 38.01, eff. September 28, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 38.02, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.256. Change in Status

Sec. 41.256.  CHANGE IN STATUS.  If an assistant prosecutor ceases being a full-time employee after the first workday of a month but otherwise qualifies for longevity pay, the assistant prosecutor's compensation for that month includes full longevity pay.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter D. Longevity Pay for Assistant Prosecutors › Section 41.257. Accrual of Lifetime Service Credit

Sec. 41.257.  ACCRUAL OF LIFETIME SERVICE CREDIT.  (a)  An assistant prosecutor accrues lifetime service credit for the period in which the assistant prosecutor serves as a full-time, part-time, or temporary assistant prosecutor.
(b)  An assistant prosecutor who is on leave without pay for an entire calendar month does not accrue lifetime service credit for the month.
(c)  An assistant prosecutor who simultaneously holds two or more positions that each accrue lifetime service credit accrues credit for only one of the positions.
(d)  An assistant prosecutor who begins working on the first workday of a month in a position that accrues lifetime service credit is considered to have begun working on the first day of the month.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.301. Definitions

Sec. 41.301.  DEFINITIONS.  In this subchapter:
(1)  "Board of directors" means the board of directors of the unit.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 734 , Sec. 149, eff. September 1, 2015.
(3)  "Department" means the Texas Department of Criminal Justice.
(4)  "Executive board" means the executive board governing the board of directors of the unit.
(5)  "Prosecuting attorney" means a district attorney, a criminal district attorney, or a county attorney representing the state in criminal matters before the district or inferior courts of the county.
(6)  "Unit" means the special prosecution unit.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 149, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.302. General Function of Special Prosecution Unit

Sec. 41.302.  GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT.  The special prosecution unit is an independent unit that cooperates with and supports prosecuting attorneys in prosecuting offenses and delinquent conduct described by Article 104.003(a), Code of Criminal Procedure.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.303. Board of Directors

Sec. 41.303.  BOARD OF DIRECTORS.  (a)  The unit is governed by a board of directors composed of each prosecuting attorney who:
(1)  represents the state in criminal matters before a court in a county in which one or more facilities owned or operated by or under contract with the department or the Texas Juvenile Justice Department are located; and
(2)  has entered into a memorandum of understanding with the unit for the prosecution of offenses and delinquent conduct described by Article 104.003(a), Code of Criminal Procedure.
(b)  A prosecuting attorney described by Subsection (a) shall serve on the board of directors in addition to the other duties of the prosecuting attorney assigned by law.
(c)  The board of directors shall meet annually for the purpose of electing the executive board and approving or amending bylaws governing the unit.
(d)  A majority of the members of the board of directors constitutes a quorum for the transaction of business.  The board of directors must approve any action by a majority vote of the members present.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1348 (S.B. 1285), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 88, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.304. Executive Board

Sec. 41.304.  EXECUTIVE BOARD.  (a)  The board of directors is governed by an executive board composed of 11 members elected by the membership of the board of directors on a majority vote from among that membership, as follows:
(1)  one member of the executive board who represents the state in criminal matters before a court in a county in which one or more facilities owned or operated by or under contract with the Texas Juvenile Justice Department are located shall be elected on a majority vote of the members of the board of directors to serve a term expiring in an even-numbered year;
(2)  an additional four members of the executive board shall be elected on a majority vote of the members of the board of directors to serve terms expiring in even-numbered years;
(3)  one member of the executive board who represents the state in criminal matters before a court in a county in which one or more facilities owned or operated by or under contract with the Texas Juvenile Justice Department are located shall be elected on a majority vote of the members of the board of directors to serve a term expiring in an odd-numbered year; and
(4)  an additional five members of the executive board shall be elected on a majority vote of the members of the board of directors to serve terms expiring in odd-numbered years.
(b)  If a vacancy on the executive board occurs before the end of the vacating member's term, the executive board shall elect a person to serve the remainder of the term.  To be eligible for election under this subsection, a person must meet any qualifications required of the vacating member for service on the executive board.
(c)  The executive board shall conduct the business of the unit.
(d)  A majority of the members of the executive board constitutes a quorum for the transaction of business.  The executive board must approve any action by a majority vote of the members present.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1348 (S.B. 1285), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 89, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.305. Officers

Sec. 41.305.  OFFICERS.  (a)  The members of the board of directors, on a majority vote, shall elect from among the membership of the executive board a presiding officer and an assistant presiding officer.  The presiding officer serves as the presiding officer of the board of directors and the executive board, and the assistant presiding officer serves as the assistant presiding officer of the board of directors and the executive board.
(b)  The presiding officer and the assistant presiding officer serve terms of one year.
(c)  The assistant presiding officer serves as presiding officer of the board of directors and the executive board in the presiding officer's absence or if a vacancy occurs in that office until a new presiding officer is elected as provided by Subsection (d).
(d)  If a vacancy occurs in the office of presiding officer or assistant presiding officer before the end of the vacating officer's term, the executive board shall elect a person to serve the remainder of the term.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1348 (S.B. 1285), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.306. Membership on Board of Directors or Executive Board Not a Civil Office of Emolument

Sec. 41.306.  MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE BOARD NOT A CIVIL OFFICE OF EMOLUMENT.  A position on the board of directors or the executive board may not be construed to be a civil office of emolument for any purpose, including those purposes described in Section 40, Article XVI, Texas Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.307. Reimbursement for Expenses

Sec. 41.307.  REIMBURSEMENT FOR EXPENSES.  A member of the board of directors or executive board is not entitled to compensation for service on the board of directors or executive board, if applicable, but is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a member of the board of directors and the executive board, if applicable, as provided by the General Appropriations Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.308. Chief of Special Prosecution Unit; Additional Employees

Sec. 41.308.  CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL EMPLOYEES.  The executive board, on a majority vote, shall employ a person to serve as chief of the unit and additional persons to accomplish the unit's purposes.  The board of directors may determine the compensation of the unit's employees.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1348 (S.B. 1285), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter E. Special Prosecution Unit › Section 41.309. Election of Counsellor

Sec. 41.309.  ELECTION OF COUNSELLOR.  (a)  The executive board, on a majority vote, shall elect a counsellor.
(b)  To be eligible to serve as a counsellor, a person must:
(1)  be certified in criminal law by the Texas Board of Legal Specialization;
(2)  have at least five years of experience as a lawyer assisting prosecuting attorneys in prosecuting offenses or delinquent conduct committed on state property used for the custody of persons charged with or convicted of offenses or used for the custody of children charged with or adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision; or
(3)  have served for at least five years as a prosecuting attorney or as a judge of a district court, a court of appeals, or the court of criminal appeals.
Added by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 14, eff. June 8, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter F. Payments for Public Integrity Prosecutions › Section 41.351. Definitions

Sec. 41.351.  DEFINITIONS.  In this subchapter:
(1)  "Offense against public administration" means an offense described by Section 411.0252.
(2)  "Prosecuting attorney" means a county attorney, district attorney, or criminal district attorney.
Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 41 - General Provisions › Subchapter F. Payments for Public Integrity Prosecutions › Section 41.352. Payment for Extraordinary Costs of Prosecution

Sec. 41.352.  PAYMENT FOR EXTRAORDINARY COSTS OF PROSECUTION.  The comptroller shall pay from funds appropriated to the comptroller's judiciary section, from appropriations made specifically for enforcement of this section, reasonable amounts incurred by a prosecuting attorney for extraordinary costs of prosecution of an offense against public administration.
Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 42 - State Prosecuting Attorney › Section 42.001. Office; Qualifications

Sec. 42.001.  OFFICE;  QUALIFICATIONS.  (a)  The court of criminal appeals shall appoint a state prosecuting attorney to represent the state in all proceedings before the court.  The state prosecuting attorney may also represent the state in any stage of a criminal case before a state court of appeals if he considers it necessary for the interest of the state.
(b)  A person appointed to the office of state prosecuting attorney must have at least five years' experience as an attorney in the practice of criminal law in this state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 42 - State Prosecuting Attorney › Section 42.002. Oath; Term

Sec. 42.002.  OATH;  TERM.  (a)  The state prosecuting attorney must take the oath required of state officials.
(b)  The state prosecuting attorney serves a two-year term and continues to serve until a successor is appointed and has qualified.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 42 - State Prosecuting Attorney › Section 42.003. Assistant State Prosecuting Attorneys

Sec. 42.003.  ASSISTANT STATE PROSECUTING ATTORNEYS.  The state prosecuting attorney may appoint one or more assistant state prosecuting attorneys.  An assistant state prosecuting attorney has the same duties and serves the same term of office as the state prosecuting attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 42 - State Prosecuting Attorney › Section 42.004. Removal

Sec. 42.004.  REMOVAL.  The court of criminal appeals may remove state prosecuting attorneys from office for good cause.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 42 - State Prosecuting Attorney › Section 42.005. Cooperation With Other Prosecuting Attorneys

Sec. 42.005.  COOPERATION WITH OTHER PROSECUTING ATTORNEYS.  (a)  The state prosecuting attorney may assist a district or a county attorney in representing the state before a court of appeals if requested to do so by the district or county attorney.
(b)  A district or county attorney may assist the state prosecuting attorney in representing the state before the court of criminal appeals.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter A. General Provisions › Section 43.002. Bond; County Risk Management Pool

Sec. 43.002.  BOND; COUNTY RISK MANAGEMENT POOL.  (a)  Before assuming the duties of the office and except as provided by Subsection (c) or (d), a district attorney must give a bond that:
(1)  is payable to the governor;
(2)  is in the sum of $5,000;
(3)  has two or more good and sufficient sureties;
(4)  is approved by the district judge; and
(5)  is conditioned that the district attorney will, in the manner prescribed by law, faithfully pay over all money that he collects or that comes into his hands for the state or a county.
(b)  Except as provided by Subsection (c), each district attorney's bond shall be deposited in the office of the comptroller of public accounts.
(c)  Instead of the bond required under Subsection (a), a district attorney may obtain coverage from a county government risk management pool created under Chapter 119, Local Government Code.  Coverage obtained under the pool must be in the same amount and satisfy the same bond conditions otherwise required by this section.
(d)  A district attorney is not required to execute the bond required under Subsection (a) and may perform the duties of office if the commissioners court of each county in the district by order authorizes the county to self-insure against losses that would have been covered by the bond.  An order adopted by a commissioners court under this subsection shall be kept and recorded by the county clerk.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 439 (S.B. 1243), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 69 (S.B. 265), Sec. 1, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter A. General Provisions › Section 43.003. Failure to Attend Court

Sec. 43.003.  FAILURE TO ATTEND COURT.  (a)  If a district attorney fails to attend any term of the district court of a county in the district, the district clerk shall certify that failure to the comptroller of public accounts.  Unless a satisfactory reason for the failure is shown to the comptroller, the district attorney may not receive salary for the time the district attorney failed to attend.
(b)  Subsection (a) does not apply to a district attorney who complies with Section 41.015.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 425 (S.B. 910), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter A. General Provisions › Section 43.004. Expenses

Sec. 43.004.  EXPENSES.  (a)  A district attorney engaged in the discharge of official duties in a county other than the district attorney's county of residence is entitled to traveling and other necessary expenses, as provided by Chapter 660.
(b)  A district attorney is entitled to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
(c)  The expenses shall be paid by the state on a sworn itemized account showing the expenses.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(105), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.101. 1st Judicial District

Sec. 43.101.  1ST JUDICIAL DISTRICT.  The voters of Sabine and San Augustine counties elect a district attorney for the 1st Judicial District who represents the state in that district court only in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 739, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.102. 2nd Judicial District

Sec. 43.102.  2ND JUDICIAL DISTRICT.  The voters of the 2nd Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.104. 8th Judicial District

Sec. 43.104.  8TH JUDICIAL DISTRICT.  The voters of Delta, Franklin, and Hopkins counties elect a district attorney for the 8th Judicial District who represents the state in that district only in those counties.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 11(b), eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 917, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.105. 9th Judicial District

Sec. 43.105.  9TH JUDICIAL DISTRICT.  (a)  The voters of Montgomery County elect a district attorney for the 9th Judicial District who represents the state in that district court only in that county.  The district attorney also acts as district attorney for the 410th and 457th Judicial Districts.
(b)  The district attorney shall represent the state in misdemeanor criminal cases pending in the district and inferior courts of the county.
(c)  The district attorney, with the approval of the Commissioners Court of Montgomery County, may appoint the assistant district attorneys, investigators, secretaries, and other employees necessary to carry out the duties of the office of district attorney.
(d)  An investigator appointed by the district attorney is not required to be a licensed attorney.
(e)  The salary of each employee of the district attorney is fixed by the Commissioners Court of Montgomery County.  The district attorney, assistant district attorneys, and investigators employed by the district attorney may be allowed the actual and necessary travel expenses incident to carrying out the duties of the district attorney, subject to the approval of the district attorney.  This subsection does not apply to the portion of compensation or travel expenses paid by the state to the district attorney or his employees.
(f)  The salary and expenses of the employees of the district attorney must be paid by the county at the regular pay period of the county from the officers' salary fund of the county, the general fund of the county, or both, at the discretion of the commissioners court.
(g)  The compensation paid by the county to an employee of the district attorney or set for a position on the staff of the district attorney may not be less than the compensation paid by the county to the person or set for the position on June 14, 1973.
(h)  The commissioners court may accept gifts and grants from an individual, partnership, corporation, trust, foundation, association, or political subdivision to finance adequate and effective prosecution, crime prevention, or rehabilitation programs in the county or district approved and administered by the district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 60, Sec. 1, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 655, Sec. 2.01, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 565, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 704, Sec. 5, eff. Jan. 1, 1997;  Acts 1999, 76th Leg., ch. 911, Sec. 1, eff. Jan. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 6.01, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.107. 18th Judicial District

Sec. 43.107.  18TH JUDICIAL DISTRICT.  The voters of the 18th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.108. 21st Judicial District

Sec. 43.108.  21ST JUDICIAL DISTRICT.  (a)  The voters of Washington County elect a district attorney for the 21st Judicial District who represents the state in that district court only in that county.
(b)  The district attorney also represents the state and performs the duties of district attorney before the 335th District Court in Washington County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.50(a), eff. Sept. 1, 1987;  Acts 2003, 78th Leg., ch. 665, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 6.02, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.110. 23rd Judicial District

Sec. 43.110.  23RD JUDICIAL DISTRICT.  (a)  The voters of Matagorda County elect a district attorney for the 23rd Judicial District who represents the state in that district court only in that county.
(b)  The district attorney also represents the state and performs the duties of district attorney before all the district courts in Matagorda County.
(c)  The commissioners courts of the counties comprising the district may supplement the salary of the district attorney so that the total annual salary of the district attorney is not less than $12,000.  The supplemental salary must be paid by each county proportionately according to the population of each county.  The supplemental salary must be paid from the officers' salary funds of the counties, if those funds are adequate.  If the officers' salary fund of a county is inadequate, the commissioners court shall transfer the necessary amount from the general fund of the county to the officers' salary fund.
(d)  The district attorney also handles all:
(1)  felony and misdemeanor criminal matters in all of the courts in Matagorda County;  and
(2)  juvenile matters under Title 3, Family Code, in all of the courts in Matagorda County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 457, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.111. 24th Judicial District

Sec. 43.111.  24TH JUDICIAL DISTRICT.  (a)  The voters of DeWitt, Goliad, and Refugio counties elect a district attorney for the 24th Judicial District who represents the state in that district court only in those counties.
(b)  The district attorney also represents the state in all cases before the 135th Judicial District Court in DeWitt, Goliad, and Refugio counties.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(2), eff. September 1, 2019.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(2), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.113. 26th Judicial District

Sec. 43.113.  26TH JUDICIAL DISTRICT.  The voters of the 26th Judicial District elect a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.114. 27th Judicial District

Sec. 43.114.  27TH JUDICIAL DISTRICT.  (a)  The voters of Bell County elect a district attorney for the 27th Judicial District who represents the state in the district courts having jurisdiction in that county.
(b)  An investigator appointed by the district attorney is not required to be a licensed attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 8, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle C - Prosecuting Attorneys › Chapter 43 - District Attorneys › Subchapter B. Provisions Applicable to Specific Districts › Section 43.115. 29th Judicial District

Sec. 43.115.  29TH JUDICIAL DISTRICT.  (a)  The voters of the 29th Judicial District elect a district attorney.
(b)  The commissioners court of a county in the 29th Judicial District may accept gifts and grants from any political subdivision to finance adequate and effective prosecution programs within the county or district.  A municipality in the county or district may allocate or grant money, in amounts approved by the governing body of the municipality, for the support and maintenance of an effective prosecution program.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.