GOVERNMENT CODE
CHAPTER 42. STATE PROSECUTING ATTORNEY
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 42.004. REMOVAL. The court of criminal appeals may
remove state prosecuting attorneys from office for good cause.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.