Texas § 402.028 ASSISTANCE TO PROSECUTING ATTORNEYS.

Texas Statutes

§ 402.028 — ASSISTANCE TO PROSECUTING ATTORNEYS.

Texas § 402.028

Code GVGovernment Code

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Bluebook

Tex. Government Code Code Ann. § 402.028 (2026).

Text

Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS.

(a)At the request of a district attorney, criminal district attorney, or county attorney, the attorney general may provide assistance in the prosecution of all manner of criminal cases, including participation by an assistant attorney general as an assistant prosecutor when so appointed by the district attorney, criminal district attorney, or county attorney.

(b)A district attorney, criminal district attorney, or county attorney may appoint and deputize an assistant attorney general as assistant prosecutor to provide assistance in the prosecution of criminal cases, including the performance of any duty imposed by law on the district attorney, criminal district attorney, or county attorney.

(c)Nothing in this section shall prohibit an as

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Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS. (a) At the request of a district attorney, criminal district attorney, or county attorney, the attorney general may provide assistance in the prosecution of all manner of criminal cases, including participation by an assistant attorney general as an assistant prosecutor when so appointed by the district attorney, criminal district attorney, or county attorney.
(b) A district attorney, criminal district attorney, or county attorney may appoint and deputize an assistant attorney general as assistant prosecutor to provide assistance in the prosecution of criminal cases, including the performance of any duty imposed by law on the district attorney, criminal district attorney, or county attorney.
(c) Nothing in this section shall prohibit an assistant attorney general from performing duties as an attorney representing the state under a temporary appointment described by Article 2A.104 , Code of Criminal Procedure.

Ken Paxton, in His Official Capacity as Attorney General for the State of Texas and the Office of the Attorney General for the State of Texas v. Delia Garza, in Her Official Capacity as Travis County Attorney; John Creuzot, in His Official Capacity as Dallas County Criminal District Attorney; And Brian Middleton, in His Official Capacity as District Attorney of Fort Bend County (268th Judicial District)

(Court of Appeals of Texas, 2025)

Legislative History

Added by Acts 1995, 74th Leg., ch. 785, Sec. 2, eff. Sept. 1, 1995. Amended by: Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504 ), Sec. 2.080, eff. January 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 8.008, eff. September 1, 2025.