Texas § 45A.005 PROSECUTING ATTORNEY.

Texas Statutes

§ 45A.005 — PROSECUTING ATTORNEY.

Texas § 45A.005

Code CRCode of Criminal Procedure

This text of Texas § 45A.005 (PROSECUTING ATTORNEY.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 45A.005 (2026).

Text

Art. 45A.005. PROSECUTING ATTORNEY.

(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 atto

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Art. 45A.005. PROSECUTING ATTORNEY. (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.