Tex. Code of Crim. Proc. Article 2.08
Disqualified

(a)

District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State.

(b)

A judge of a court in which a district or county attorney represents the State shall declare the district or county attorney disqualified for purposes of Article 2.07 (Attorney Pro Tem) on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney’s authority to prosecute. A disqualification under this subsection applies only to the attorney’s access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 977 (H.B. 1638), Sec. 1, eff. September 1, 2011.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(1), eff. January 1, 2025.

Source: Article 2.08 — Disqualified, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­2.­htm#2.­08 (accessed Jun. 5, 2024).

2.01
Duties of District Attorneys 2.02
Duties of County Attorneys 2.04
Shall Draw Complaints 2.05
When Complaint Is Made 2.06
May Administer Oaths 2.07
Attorney Pro Tem 2.08
Disqualified 2.09
Who Are Magistrates 2.10
Duty of Magistrates 2.11
Examining Court 2.12
Who Are Peace Officers 2.13
Duties and Powers 2.14
May Summon Aid 2.15
Person Refusing to Aid 2.16
Neglecting to Execute Process 2.17
Conservator of the Peace 2.18
Custody of Prisoners 2.19
Report as to Prisoners 2.20
Deputy 2.021
Duties of Attorney General 2.21
Duty of Clerks 2.022
Assistance of Texas Rangers 2.22
Power of Deputy Clerks 2.023
Notification to Texas Department of Criminal Justice 2.23
Report to Attorney General 2.024
Tracking Use of Certain Testimony 2.24
Authenticating Officer 2.25
Reporting Certain Aliens to Federal Government 2.025
Special Duty of District or County Attorney Relating to Child Support 2.26
Digital Signature and Electronic Documents 2.27
Investigation of Certain Reports Alleging Abuse 2.28
Duties Regarding Misused Identity 2.29
Report Required in Connection with Fraudulent Use or Possession of Identifying Information 2.30
Report Concerning Certain Assaultive or Terroristic Offenses 2.31
County Jailers 2.32
Electronic Recording of Custodial Interrogations 2.33
Law Enforcement Policy on Use of Force by Drone 2.34
Use of Neck Restraints During Search or Arrest Prohibited 2.35
Duty to Request and Render Aid 2.101
Magistrate’s Name on Signed Order 2.121
Railroad Peace Officers 2.122
Special Investigators 2.123
Adjunct Police Officers 2.124
Peace Officers from Adjoining States 2.125
Special Rangers of Texas and Southwestern Cattle Raisers Association 2.126
Peace Officers Commissioned by the Alabama-coushatta Tribe of Texas and the Kickapoo Traditional Tribe of Texas 2.127
School Marshals 2.131
Racial Profiling Prohibited 2.132
Law Enforcement Policy on Racial Profiling 2.133
Reports Required for Motor Vehicle Stops 2.134
Compilation and Analysis of Information Collected 2.136
Liability 2.137
Provision of Funding or Equipment 2.138
Rules 2.139
Reports Required for Officer-involved Injuries or Deaths 2.195
Report of Warrant or Capias Information 2.211
Hate Crime Reporting 2.212
Writ of Attachment Reporting 2.251
Duties Related to Immigration Detainer Requests 2.271
Investigation of Certain Reports Alleging Abuse, Neglect, or Exploitation 2.272
Law Enforcement Response to Child Safety Check Alert 2.273
Release of Child by Law Enforcement Officer 2.295
Report Required in Connection with Unauthorized Acquisition or Transfer of Certain Financial Information 2.305
Report Required Concerning Human Trafficking Cases 2.1305
Carrying Weapon on Certain Premises 2.1385
Civil Penalty 2.1386
Eyewitness Identification Protocols 2.1387
Intervention Required for Excessive Force 2.1395
Reports Required for Certain Injuries or Deaths of Peace Officers 2.1396
Video Recordings of Arrests for Intoxication Offenses 2.1397
Duties of Law Enforcement Agency Filing Case 2.1398
Duties of Peace Officer Investigating Stalking, Harassment, or Terroristic Threat 2.13951
Notice of Violation of Reporting Requirements for Certain Injuries or Deaths
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

Art. 2.08’s source at texas​.gov