Texas § 45A.158 ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL.

Texas Statutes

§ 45A.158 — ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL.

Texas § 45A.158

Code CRCode of Criminal Procedure

This text of Texas § 45A.158 (ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL.) 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.158 (2026).

Text

Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL.

(a)If an attorney representing the state is not present when the case is called for trial, the justice or judge may:

(1)postpone the trial to a specified date;

(2)temporarily appoint any competent attorney to perform duties as an attorney representing the state, notwithstanding Article 2A.104 ; or

(3)proceed to trial.

(b)An attorney appointed under Subsection (a) is qualified to perform the duties of the office of the attorney representing the state and may be paid a reasonable fee for performing those duties.

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Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL. (a) If an attorney representing the state is not present when the case is called for trial, the justice or judge may:
(1) postpone the trial to a specified date;
(2) temporarily appoint any competent attorney to perform duties as an attorney representing the state, notwithstanding Article 2A.104 ; or
(3) proceed to trial.
(b) An attorney appointed under Subsection (a) is qualified to perform the duties of the office of the attorney representing the state and may be paid a reasonable fee for performing those duties.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504 ), Sec. 1.001, eff. January 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 5.016(a), eff. September 1, 2025.