GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE C. PROSECUTING ATTORNEYS

CHAPTER 42. STATE PROSECUTING ATTORNEY

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.


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.


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.


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.


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.
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