GOVERNMENT CODE

CHAPTER 45. COUNTY ATTORNEYS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 45.001.  BOND.  (a)  Each county attorney shall 
execute a bond payable to the governor in the amount of $2,500, with 
at least two good and sufficient sureties to be approved by the 
commissioners court of the county.
	(b)  The bond must be conditioned on the county attorney 
faithfully paying over in the manner prescribed by law all money 
that he collects or receives for any county or the state.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.002.  APPOINTMENT AND OATH OF ASSISTANT.  (a)  The 
qualifications for an assistant county attorney are the same as for 
the county attorney who appoints him.
	(b)  Before beginning any duties, an assistant county 
attorney must take the official oath of office, which must be 
endorsed on his written appointment.
	(c)  The appointment and oath of an assistant county attorney 
shall be recorded and deposited in the county clerk's office.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    

SUBCHAPTER B. PROVISIONS APPLICABLE TO SPECIFIC COUNTIES


	§ 45.112.  BAYLOR COUNTY.  The county attorney shall 
represent the state in all misdemeanor cases before the district 
court in Baylor County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.130.  CALLAHAN COUNTY.  If there is no county 
attorney in Callahan County, the criminal district attorney in 
Taylor County shall represent the state in all matters pending 
before the 42nd District Court in Callahan County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 148, § 2.52(c), eff. Sept. 1, 1987;  
Acts 1991, 72nd Leg., 1st C.S., ch. 8, § 10, eff. Sept. 1, 1991.


	§ 45.142.  COLEMAN COUNTY.  (a)  The county attorney of 
Coleman County may perform all duties required of district and 
county attorneys by general law in all matters pending before the 
district court in Coleman County.
	(b)  If the county attorney of Coleman County performs the 
duties of district attorney before the district courts in Coleman 
County as provided by Subsection (a), the county attorney is 
entitled to receive from the state a salary of $5,000 a year.  The 
county attorney may not receive that salary for a period of time 
during which the county attorney does not perform those duties.  The 
county attorney may not receive that salary unless he certifies to 
the comptroller of public accounts that he is performing the duties 
of district attorney as required and must notify the comptroller 
immediately if he ceases to perform those duties.  The county 
attorney is also entitled to receive funds from the state for the 
payment of staff salaries and other office expenses at the same rate 
as provided in the General Appropriations Act for a district 
attorney in a single-county district for a period during which the 
county attorney performs the duties of district attorney.
	(c)  If there is no county attorney in Coleman County, the 
criminal district attorney in Taylor County shall represent the 
state in all matters pending before the 42nd District Court in 
Coleman County.

Added by Acts 1987, 70th Leg., ch. 148, § 2.52(d), eff. Sept. 1, 
1987.   


	§ 45.145.  COLORADO COUNTY.  (a)  In Colorado County, 
the county attorney of Colorado County shall perform the duties 
imposed on and have the powers conferred on district attorneys by 
general law.
	(b)  The county attorney of Colorado County or the 
Commissioners Court of Colorado County may accept gifts or grants 
from any individual, partnership, corporation, trust, foundation, 
association, or governmental entity for the purpose of financing or 
assisting the operation of the office of county attorney in 
Colorado County.  The county attorney shall account for and report 
to the commissioners court all gifts or grants accepted under this 
subsection.

Added by Acts 1997, 75th Leg., ch. 1448, § 2, eff. Sept. 1, 1997.          


	§ 45.151.  COTTLE COUNTY.  The county attorney shall 
represent the state in all misdemeanor cases before the district 
court in Cottle County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.154.  CROSBY COUNTY.  The county attorney of Crosby 
County, who performs the duties of a district attorney, is entitled 
to be compensated by the state in the manner and amount fixed by 
general law relating to the salary paid to district attorneys by the 
state.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1997, 75th Leg., ch. 378, § 2, eff. Sept. 1, 1997.


	§ 45.171.  EL PASO COUNTY.  (a)  It is the primary duty 
of the county attorney in El Paso County or his assistants to 
represent the state, El Paso County, and the officials of El Paso 
County in all civil matters pending before the courts of El Paso 
County and any other courts in which the state, the county, or the 
officials of the county have matters pending.
	(b)  The county attorney has the powers, duties, and 
privileges relating to the prosecution of misdemeanors that relate 
to health and environmental matters and that relate to the 
prosecution of misdemeanors under Section 32.42, Penal Code.
	(c)  At the request of the district attorney, the county 
attorney may assist the district attorney in criminal cases in El 
Paso County.
	(d)  The county attorney in El Paso County performs the duty 
of collecting and processing checks and similar sight orders as 
provided under Article 102.007, Code of Criminal Procedure, and 
prosecutes misdemeanors where a check or sight order is the 
instrument by which the misdemeanor is committed.

Added by Acts 1993, 73rd Leg., ch. 493, § 2, eff. Oct. 1, 1993.            


	§ 45.175.  FAYETTE COUNTY.  In Fayette County the county 
attorney of Fayette County shall perform the duties imposed on and 
have the powers conferred on district attorneys by general law and 
is entitled to be compensated by the state in the manner and amount 
set by general law relating to the salary paid to district attorneys 
by the state.

Added by Acts 1987, 70th Leg., ch. 148, § 2.62(a), eff. Sept. 1, 
1987.  Amended by Acts 1991, 72nd Leg., ch. 2, § 1, eff. Feb. 28, 
1991.


	§ 45.179.  FORT BEND COUNTY.  (a)  It is the primary duty 
of the county attorney in Fort Bend County to represent the state, 
Fort Bend County, and the officials of the county in all civil 
matters pending before the courts of Fort Bend County and any other 
courts in which the state, Fort Bend County, or the county officials 
have matters pending.
	(b)  The county attorney shall represent the Fort Bend County 
Drainage District and any other county entity created by law.
	(c)  The county attorney has the powers, duties, and 
privileges in Fort Bend County relating to civil commitment matters 
under Subtitle C, Title 7, Health and Safety Code, for and on behalf 
of the state.
	(d)  The county attorney has no power, duty, or privilege in 
Fort Bend County relating to family law and juvenile matters, 
including children's protective services, protective orders under 
Chapter 71, Family Code, orders under Chapter 159, Family Code, and 
proceedings under Title 3, Family Code.
	(e)  The county attorney has no power, duty, or privilege in 
Fort Bend County relating to criminal matters or matters directly 
relating to criminal matters, including any asset forfeiture 
relating to a criminal activity, and bond forfeiture proceedings 
through judgment other than collection of a final judgment on a bond 
forfeiture.
	(f)  Except as provided by Section 43.181(d), the county 
attorney has all the powers, duties, and privileges in Fort Bend 
County relating to quo warranto and removal from office 
proceedings.
	(g)  At the request of the district attorney, the county 
attorney may assist the district attorney in criminal cases in Fort 
Bend County.
	(h)  The county attorney shall, with the approval of the 
commissioners court, appoint the assistant county attorneys and 
other assistants necessary to the proper performance of the county 
attorney's duties.  The commissioners court shall set the salary of 
an assistant to the county attorney.

Added by Acts 1989, 71st Leg., ch. 1099, § 2, eff. Jan. 1, 1991.  
Amended by Acts 1991, 72nd Leg. ch. 76, § 15, eff. Sept. 1, 1991;  
Acts 1997, 75th Leg., ch. 165, § 7.31, eff. Sept. 1, 1997.


	§ 45.191.  GRAYSON COUNTY.  The county attorney and 
assistant county attorneys in Grayson County may not actively 
engage in the private practice of law.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.193.  GRIMES COUNTY.  (a)  The county attorney of 
Grimes County shall represent the state, Grimes County, and the 
officials of the county in all civil matters pending before the 
courts of Grimes County and any other court.
	(b)  The county attorney has the powers, duties, and 
privileges in Grimes County relating to civil commitment matters 
under Subtitle C, Title 7, Health and Safety Code, family law and 
juvenile matters, including children's protective services 
matters, protective orders under Chapter 71, Family Code, orders 
under Chapter 159, Family Code, and proceedings under Title 3, 
Family Code.
	(c)  Except as provided by Section 43.1745, the county 
attorney has all the powers, duties, and privileges in Grimes 
County relating to quo warranto and proceedings for removal from 
office.
	(d)  The county attorney has no power, duty, or privilege in 
Grimes County relating to criminal matters, including asset 
forfeitures under Chapter 59, Code of Criminal Procedure, 
appearance bond forfeitures under Chapter 17, Code of Criminal 
Procedure, and habeas corpus related to criminal matters.

Added by Acts 1995, 74th Leg., ch. 704, § 26, eff. Jan. 1, 1997.  
Amended by Acts 1997, 75th Leg., ch. 165, § 7.32, eff. Sept. 1, 
1997.


	§ 45.201.  HARRIS COUNTY.  It is the primary duty of the 
county attorney in Harris County or his assistants to represent the 
state, Harris County, and the officials of Harris County in all 
civil matters pending before the courts of Harris County and any 
other courts in which the state, the county, or the officials of the 
county have matters pending.  The county attorney shall represent 
the Harris County Flood Control District and perform the other 
duties imposed by this section without any additional fee, 
compensation, or perquisite other than that paid by Harris County 
out of its officers' salary fund.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.227.  JONES COUNTY.  The county attorney shall 
represent the state in all misdemeanor cases before the district 
court in Jones County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.235.  KING COUNTY.  The county attorney shall 
represent the state in all misdemeanor cases before the district 
court in King County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.238.  KNOX COUNTY.  The county attorney shall 
represent the state in all misdemeanor cases before the district 
court in Knox County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.244.  LEE COUNTY.  The county attorney of Lee County 
represents the state in all matters pending before the district 
courts in Lee County.

Added by Acts 1987, 70th Leg., ch. 148, § 2.63(a), eff. Sept. 1, 
1987.  Amended by Acts 1993, 73rd Leg., ch. 762, § 2, eff. Sept. 
1, 1993;  Acts 1993, 73rd Leg., ch. 819, § 1, eff. Sept. 1, 1993.


	§ 45.261.  MATAGORDA COUNTY.  (a)  It is the primary duty 
of the county attorney in Matagorda County to represent the state, 
Matagorda County, and the officials of the county in civil matters 
pending before any court in which the state, Matagorda County, or 
the officials have matters pending.
	(b)  The county attorney shall handle children's protective 
services, protective orders under the Family Code, and proceedings 
under Title 2 or 5, Family Code.
	(c)  At the request of the district attorney, the county 
attorney may assist the district attorney in criminal cases in 
Matagorda County.

Added by Acts 1995, 74th Leg., ch. 457, § 3, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 165, § 7.33, eff. Sept. 1, 
1997.


	§ 45.280.  OLDHAM COUNTY.  (a)  The county attorney in 
Oldham County shall represent the state in all matters pending 
before the district court in Oldham County.
	(b)  The county attorney in Oldham County is entitled to be 
compensated by the state in the manner and amount provided by 
general law relating to the salary paid to district attorneys by the 
state.  Oldham County shall pay $28,500 of the county attorney's 
total salary, and the state shall pay the remainder of the salary.
	(c)  The county attorney in Oldham County is entitled to 
receive from the state the amount provided in the General 
Appropriations Act for the payment of staff salaries and office 
expenses in single-county districts.
	(d)  If there is no county attorney in Oldham County, the 
criminal district attorney of Deaf Smith County shall represent the 
state in all matters pending before the district court in Oldham 
County on appointment by the judge of the district court in Oldham 
County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1999, 76th Leg., ch. 1570, § 2, eff. Sept. 1, 1999.


	§ 45.290.  RAINS COUNTY.  (a)  In Rains County, the 
county attorney of Rains County shall perform the duties imposed on 
and have the powers conferred on district attorneys by general law.
	(b)  The county attorney of Rains County is entitled to be 
compensated by the state in the manner and amount fixed by general 
law relating to the salary paid to district attorneys by the state. 
Rains County is also entitled to receive from the state an amount 
equal to the amount provided in the General Appropriations Act to 
district attorneys for the payment of staff salaries and expenses 
of the office.

Added by Acts 1999, 76th Leg., ch. 917, § 2, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 174, § 1, eff. Sept. 1, 
2001.


	§ 45.309.  SHACKELFORD COUNTY.  The county attorney 
shall represent the state in all misdemeanor cases before the 
district court in Shackelford County.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.315.  STEPHENS COUNTY.  The county attorney of 
Stephens County shall represent the state in all misdemeanor cases 
before the district court of the county.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.340.  WEBB COUNTY.  The county attorney handles or 
prosecutes all juvenile, child welfare, and mental health cases in 
Webb County, the other civil cases in Webb County where the state is 
a party, and the other duties imposed by law on the office of county 
attorney.

Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.                    


	§ 45.341.  WHARTON COUNTY.  (a)  The primary duty of the 
county attorney in Wharton County is to represent the state, 
Wharton County, and county officials in civil matters.
	(b)  The county attorney has the powers and duties relating 
to cases involving protective orders under Chapter 71, Family Code, 
and cases under Title 5, Family Code, including cases brought for 
the protection of children.
	(c)  At the request of the district attorney, the county 
attorney may assist the district attorney in the prosecution of 
criminal cases in Wharton County.
	(d)  The county attorney represents the state in proceedings 
under Title 3, Family Code.
	(e)  The county attorney represents the Wharton County 
Drainage District.    

Added by Acts 1997, 75th Leg., ch. 477, § 2, eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 51, § 2, eff. Sept. 1, 2003.