Texas Government Code Title 2, Chapter 41 - General Provisions

SUBCHAPTER A OFFICE OF PROSECUTING ATTORNEY

• Texas Section 41.001 - Qualifications
  A district or county attorney must be a licensed attorney. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
• Texas Section 41.002 - Notification Of Address
  Each district and county attorney shall notify the comptroller of his post office address as soon as practicable after his election and qualification. Acts 1985,...
• Texas Section 41.003 - Admission By Prosecutor
  An admission made by a district or county attorney in a suit or action to which the state is a party does not prejudice the...
• Texas Section 41.004 - Acceptance Of Reward
  (a) A district or county attorney, either before or after the case is tried and finally determined, may not take from any person a fee,...
• Texas Section 41.005 - Collection Of Money
  (a) Not later than the 30th day after the date on which a district or county attorney receives any money collected for the state or...
• Texas Section 41.006 - Report To Attorney General
  At the times and in the form that the attorney general directs, the district and county attorneys shall report to the attorney general the information...
• Texas Section 41.007 - Opinions To County And Precinct Officials
  A district or county attorney, on request, shall give to a county or precinct official of his district or county a written opinion or written...
• Texas Section 41.008 - Record
  (a) Each district or county attorney shall keep a record of all actions or demands prosecuted or defended by the person as district or county...
• Texas Section 41.009 - Prosecution Of Officers Entrusted With Public Funds
  If a district or county attorney learns that an officer in his district or county who is entrusted with the collection or safekeeping of public...
• Texas Section 41.010 - Appointment Of Initial District Or Criminal District Attorney
  If a new office of district attorney or criminal district attorney is created, the governor shall appoint a person to fill the office until the...
• Texas Section 41.011 - Private Practice In County Or District Office
  A district or county attorney who is not prohibited by law from engaging in the private practice of law may, at the discretion of the...
• Texas Section 41.012 - Liability Insurance
  A county or district attorney may purchase, for himself and for his staff members, liability insurance, or similar coverage from a governmental pool operating under...
• Texas Section 41.013 - Compensation Of Certain Prosecutors
  Except as otherwise provided by law, a district attorney or criminal district attorney is entitled to receive from the state annual compensation equal to at...
• Texas Section 41.014 - Pro Bono Legal Services
  (a) In this section: (1) "Pro bono legal services to the indigent" includes civil legal services rendered without expectation of compensation either directly to the...

SUBCHAPTER B STAFF OF PROSECUTING ATTORNEY

• Texas Section 41.015 - Call To Active Duty Not Vacancy Or Absence
  (a) In this section, "active duty state attorney" means a district attorney, criminal district attorney, or county attorney who is on active duty or being...
• Texas Section 41.101 - Definition
  In this subchapter, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney. Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept....
• Texas Section 41.102 - Employment Of Assistants And Personnel
  (a) A prosecuting attorney may employ the assistant prosecuting attorneys, investigators, secretaries, and other office personnel that in the prosecuting attorney's judgment are required for...
• Texas Section 41.103 - Assistant Prosecuting Attorneys
  (a) An assistant prosecuting attorney must be licensed to practice law in this state and shall take the constitutional oath of office. (b) An assistant...
• Texas Section 41.104 - Bond
  A prosecuting attorney may require his assistant prosecuting attorneys, investigators, and secretaries to have a bond in the amount that the prosecuting attorney sets. Acts...
• Texas Section 41.105 - Removal
  All personnel of a prosecuting attorney's office are subject to removal at the will of the prosecuting attorney. Acts 1985, 69th Leg., ch. 480, Sec....
• Texas Section 41.106 - Compensation
  (a) A prosecuting attorney shall fix the salaries of his assistant prosecuting attorneys, investigators, secretaries, and other office personnel, subject to the approval of the...
• Texas Section 41.107 - Equipment And Supplies
  (a) The commissioners court of the county or counties composing a district may furnish telephone service, typewriters, office furniture, office space, supplies, and the other...
• Texas Section 41.108 - Gifts And Grants
  The commissioners court of the county or counties composing a district may accept gifts and grants from any foundation or association for the purpose of...
• Texas Section 41.109 - Authority Of Investigator
  (a) An investigator appointed by a prosecuting attorney has the same authority as the sheriff of the county to make arrests anywhere in the county...
• Texas Section 41.110 - Training Related To Family Violence
  The court of criminal appeals shall adopt rules regarding the training of prosecuting attorneys relating to cases involving a charge that a person committed an...

SUBCHAPTER C APPORTIONMENT OF STATE FUNDS FOR PROSECUTION IN CERTAIN COUNTIES

• Texas Section 41.111 - Training Related To Prosecuting Attorney's Duty To Disclose Exculpatory And Mitigating Evidence
  (a) Each attorney representing the state in the prosecution of felony and misdemeanor criminal offenses other than Class C misdemeanors shall complete a course of...
• Texas Section 41.201 - Eligible Counties
  This subchapter applies only to: (1) Harris County; and (2) any other county in which: (A) the county officials are compensated on a salary basis;...
• Texas Section 41.202 - Transfer By Comptroller
  (a) On the first day of September, January, and May of each fiscal year, the comptroller shall deposit the amount provided by this subchapter in...
• Texas Section 41.203 - Amount Of Transfer
  (a) In making the deposits provided by Section 41.202, the comptroller shall apportion the amount appropriated for that purpose among the eligible counties on the...

SUBCHAPTER D LONGEVITY PAY FOR ASSISTANT PROSECUTORS

• Texas Section 41.204 - Apportionment By Commissioners Court
  The commissioners court of a county receiving money from the state under this subchapter shall apportion the money to the proper officers' salary fund of...
• Texas Section 41.251 - Definitions
  In this subchapter: (1) "Assistant prosecutor" means an assistant district attorney, an assistant criminal district attorney, or an assistant county attorney. (2) "Full-time employee" means...
• Texas Section 41.252 - Longevity Pay
  (a) An assistant prosecutor is entitled to longevity pay if the assistant prosecutor: (1) is a full-time employee on the last day of a state...
• Texas Section 41.253 - Amount
  (a) Except as provided by Section 41.255(f), the amount of longevity pay is $20 per month for each year of lifetime service credit. (b) The...
• Texas Section 41.254 - Limitations On Law Practice
  (a) An assistant prosecutor who receives longevity pay under this subchapter may not engage in the private practice of law if, from all funds received,...
• Texas Section 41.255 - Funding
  (a) The county shall pay a longevity pay supplement under this subchapter to the extent the county receives funds from the comptroller as provided by...
• Texas Section 41.256 - Change In Status
  If an assistant prosecutor ceases being a full-time employee after the first workday of a month but otherwise qualifies for longevity pay, the assistant prosecutor's...
• Texas Section 41.257 - Accrual Of Lifetime Service Credit
  (a) An assistant prosecutor accrues lifetime service credit for the period in which the assistant prosecutor serves as a full-time, part-time, or temporary assistant prosecutor....

SUBCHAPTER E SPECIAL PROSECUTION UNIT

• Texas Section 41.258 - Assistant Prosecutor Supplement Fund And Fair Defense Account
  (a) The assistant prosecutor supplement fund is created in the state treasury. (b) A court, judge, magistrate, peace officer, or other officer taking a bail...
• Texas Section 41.301 - Definitions
  In this subchapter: (1) "Board of directors" means the board of directors of the unit. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 734...
• Texas Section 41.302 - General Function Of Special Prosecution Unit
  The special prosecution unit is an independent unit that cooperates with and supports prosecuting attorneys in prosecuting offenses and delinquent conduct described by Article 104.003(a),...
• Texas Section 41.303 - Board Of Directors
  (a) The unit is governed by a board of directors composed of each prosecuting attorney who: (1) represents the state in criminal matters before a...
• Texas Section 41.304 - Executive Board
  (a) The board of directors is governed by an executive board composed of 11 members elected by the membership of the board of directors on...
• Texas Section 41.305 - Officers
  (a) The members of the board of directors, on a majority vote, shall elect from among the membership of the executive board a presiding officer...
• Texas Section 41.306 - Membership On Board Of Directors Or Executive Board Not A Civil Office Of Emolument
  A position on the board of directors or the executive board may not be construed to be a civil office of emolument for any purpose,...
• Texas Section 41.307 - Reimbursement For Expenses
  A member of the board of directors or executive board is not entitled to compensation for service on the board of directors or executive board,...
• Texas Section 41.308 - Chief Of Special Prosecution Unit; Additional Employees
  The executive board, on a majority vote, shall employ a person to serve as chief of the unit and additional persons to accomplish the unit's...
• Texas Section 41.309 - Election Of Counsellor
  (a) The executive board, on a majority vote, shall elect a counsellor. (b) To be eligible to serve as a counsellor, a person must: (1)...

SUBCHAPTER F PAYMENTS FOR PUBLIC INTEGRITY PROSECUTIONS

• Texas Section 41.310 - Duties Of Counsellor
  (a) The counsellor elected in accordance with Section 41.309: (1) shall coordinate prosecution issues in and monitor each case involving an offense or delinquent conduct...
• Texas Section 41.351 - Definitions
  In this subchapter: (1) "Offense against public administration" means an offense described by Section 411.0252. (2) "Prosecuting attorney" means a county attorney, district attorney, or...
• Texas Section 41.352 - Payment For Extraordinary Costs Of Prosecution
  The comptroller shall pay from funds appropriated to the comptroller's judiciary section, from appropriations made specifically for enforcement of this section, reasonable amounts incurred by...

Last modified: September 28, 2016