STATE PROSECUTING ATTORNEY

Tex. GOV'T Code ch. 42

in effect

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 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.

Tex. GOV'T Code § 42.004. REMOVAL.

The court of criminal appeals may remove state prosecuting attorneys from office for good cause.

Tex. GOV'T Code § 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.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026