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TEXAS STATUTES AND CODES
CHAPTER 42. STATE PROSECUTING ATTORNEY
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.