Tex.
Gov't Code Section 43.004
Expenses
(a)
A district attorney engaged in the discharge of official duties in a county other than the district attorney’s county of residence is entitled to traveling and other necessary expenses, as provided by Chapter 660 (Travel Expenses).(b)
A district attorney is entitled to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.(c)
The expenses shall be paid by the state on a sworn itemized account showing the expenses.(b)
The district attorney shall represent the state in misdemeanor criminal cases pending in the district and inferior courts of the county.(c)
The district attorney, with the approval of the Commissioners Court of Montgomery County, may appoint the assistant district attorneys, investigators, secretaries, and other employees necessary to carry out the duties of the office of district attorney.(d)
An investigator appointed by the district attorney is not required to be a licensed attorney.(e)
The salary of each employee of the district attorney is fixed by the Commissioners Court of Montgomery County. The district attorney, assistant district attorneys, and investigators employed by the district attorney may be allowed the actual and necessary travel expenses incident to carrying out the duties of the district attorney, subject to the approval of the district attorney. This subsection does not apply to the portion of compensation or travel expenses paid by the state to the district attorney or his employees.(f)
The salary and expenses of the employees of the district attorney must be paid by the county at the regular pay period of the county from the officers’ salary fund of the county, the general fund of the county, or both, at the discretion of the commissioners court.(g)
The compensation paid by the county to an employee of the district attorney or set for a position on the staff of the district attorney may not be less than the compensation paid by the county to the person or set for the position on June 14, 1973.(h)
The commissioners court may accept gifts and grants from an individual, partnership, corporation, trust, foundation, association, or political subdivision to finance adequate and effective prosecution, crime prevention, or rehabilitation programs in the county or district approved and administered by the district attorney.(b)
The district attorney also represents the state and performs the duties of district attorney before the 335th District Court in Washington County.(b)
The district attorney also represents the state and performs the duties of district attorney before all the district courts in Matagorda County.(c)
The commissioners courts of the counties comprising the district may supplement the salary of the district attorney so that the total annual salary of the district attorney is not less than $12,000. The supplemental salary must be paid by each county proportionately according to the population of each county. The supplemental salary must be paid from the officers’ salary funds of the counties, if those funds are adequate. If the officers’ salary fund of a county is inadequate, the commissioners court shall transfer the necessary amount from the general fund of the county to the officers’ salary fund.(d)
The district attorney also handles all:(1)
felony and misdemeanor criminal matters in all of the courts in Matagorda County; and(2)
juvenile matters under Title 3, Family Code, in all of the courts in Matagorda County.(b)
The district attorney also represents the state in all cases before the 135th Judicial District Court in DeWitt, Goliad, and Refugio counties.(c)
Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.03(2), eff. September 1, 2019.(b)
An investigator appointed by the district attorney is not required to be a licensed attorney.(b)
The commissioners court of a county in the 29th Judicial District may accept gifts and grants from any political subdivision to finance adequate and effective prosecution programs within the county or district. A municipality in the county or district may allocate or grant money, in amounts approved by the governing body of the municipality, for the support and maintenance of an effective prosecution program.(b)
The district attorney for the 34th Judicial District also acts as district attorney for the 41st, 65th, 120th, and 171st judicial districts, the 394th Judicial District in Culberson and Hudspeth counties, and represents the state in all criminal cases before every district court having jurisdiction in El Paso County.(c)
The district attorney represents the state in all criminal cases pending in the inferior courts having jurisdiction in El Paso County.(d)
The commissioners courts of Culberson and Hudspeth Counties shall each pay to El Paso County the budgeted prosecution costs, which may not exceed a total of $90,000 for Culberson and Hudspeth Counties per fiscal year, for the preparation and conduct of criminal affairs of the district attorney’s office, including compensation for assistants and other employees of the district attorney, applicable to their respective county. Each year the district attorney’s office shall:(1)
prepare a budget and financial statement for the upcoming fiscal year; and(2)
file the budget and financial statement with the commissioners courts of Hudspeth and Culberson Counties.(d-1)
The budget and financial statement required by Subsection (d) must contain:(1)
the budgeted prosecution costs for Culberson and Hudspeth Counties, with the costs for each county listed separately; and(2)
any additional information considered appropriate by the district attorney or required by the commissioners court of Culberson or Hudspeth County.(d-2)
Hudspeth and Culberson Counties shall remit one-fourth of the budgeted prosecution costs applicable to the respective county to El Paso County not later than the last day of each fiscal quarter.(e)
For the purpose of conducting his office, the district attorney may appoint two first assistant district attorneys, or one first assistant district attorney and one first assistant administrative district attorney, and the other assistant district attorneys that are necessary to the proper performance of the district attorney’s duties.(f)
El Paso County is responsible for managing the funds expended by the district attorney for the preparation and conduct of criminal affairs of the district attorney’s office, including funds to compensate assistants and other employees of the district attorney. Hudspeth and Culberson Counties shall remit one-fourth of the budgeted funds to El Paso County not later than the last day of each fiscal quarter. The Commissioners Court of El Paso County must approve the number of assistants and other employees appointed by the district attorney and the amount of compensation of those employees.(g)
Nothing in this section prevents El Paso County from entering into an interlocal agreement with Culberson or Hudspeth County in lieu of budgeting costs as provided by this section or Section 140.003 (Purchasing and Financial Accounting for District Attorneys, Juvenile Boards, and Probation Departments), Local Government Code. An interlocal agreement under this subsection may not exceed $90,000 per fiscal year.(b)
Repealed by Acts 1999, 76th Leg., ch. 1027, Sec. 1, eff. Sept. 1, 1999.(c)
Repealed by Acts 1993, 73rd Leg., ch. 819, Sec. 4, eff. Sept. 1, 1993.(d)
The district attorney also performs the duties of the county attorney of Brown County.(b)
Expired.(b)
The Coleman County district attorney shall perform all of the duties in Coleman County required by district attorneys by general law and shall represent the state in criminal cases pending in the district court of the county. The district attorney has control of any case heard on habeas corpus before any civil district or criminal court of the county.(c)
The district attorney has all of the powers, duties, and privileges in Coleman County relating to criminal matters for and on behalf of the state that are conferred on district attorneys in other counties and districts.(d)
The comptroller of public accounts shall pay directly to the district attorney of Coleman County a salary equal to the salary authorized by the General Appropriations Act for a district attorney. The salary shall be paid in equal monthly installments on the first day of each month.(e)
The Commissioners Court of Coleman County may supplement the district attorney’s salary in an amount to be set by the commissioners court.(f)
The district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by district or county attorneys.(b)
The district attorney of the 47th Judicial District also acts as the district attorney for the 108th Judicial District.(c)
The district attorney also represents the state in all criminal cases before the district courts of Potter and Armstrong counties.(d)
The number of assistants and other office personnel employed by the district attorney and the compensation of the personnel are subject to the approval of the Commissioners Court of Potter County.(e)
The Commissioners Court of Potter County may pay the salaries of the office personnel of the district attorney from the officers’ salary fund, the general fund, any other available fund, or any combination of those funds.(b)
The district attorney represents the state in all criminal cases in Webb County.(c)
The district attorney also represents the state in the 111th District Court in all criminal cases and in all other matters in which the state is a party.(d)
Repealed by Acts 1987, 70th Leg., ch. 1045, Sec. 3, eff. Sept. 1, 1987.(e)
The commissioners court of any county in the district may provide the salary of any member of the district attorney’s staff and may prescribe as a qualification for retaining a job that a member of the staff reside in the county.(b)
The district attorney of the 51st Judicial District may request the district attorney of the 119th Judicial District to assist in the trial of a criminal or habeas corpus case in Tom Green County. The district attorney of the 51st Judicial District has absolute control and management of those cases.(b)
The Commissioners Court of Travis County may supplement the salaries paid by the state to the assistant district attorneys and to the district attorney.(b)
The district attorney for the 63rd Judicial District also acts as district attorney for the 83rd Judicial District in Terrell and Val Verde counties.(b)
The district attorney also represents the state in all criminal cases before the county court and the justice courts in Hale County.(b)
Any commissioners court in the district may supplement the state salary of the district attorney in an amount set by the commissioners court. In addition, a commissioners court may compensate the district attorney for the prosecution of misdemeanors in the manner and amount determined by the commissioners court.(b)
The district attorney of the 70th Judicial District shall also act as district attorney for the 161st Judicial District.(c)
In addition to exercising the duties and authority conferred on district attorneys by general law, the district attorney represents the state in the district and inferior courts in Ector County in all criminal cases, juvenile matters under Title 3, Family Code, and matters involving children’s protective services.(d)
The district attorney has no power, duty, or privilege in any civil matter, other than civil asset forfeiture and civil bond forfeiture matters.(b)
The commissioners courts of the counties comprising the district may supplement the state salary of the district attorney in the amount of $2,500 a year. The commissioners court of each county in the district shall pay a proportionate share of the supplemental salary according to the population of the county.(b)
The district attorney for the 83rd district also acts as district attorney for the 394th Judicial District in Brewster, Jeff Davis, and Presidio counties.(b)
The district attorney may appoint an assistant district attorney with the approval of the commissioners courts of the counties comprising the district.(c)
The salary and expenses of the assistant district attorney shall be paid by the counties comprising the district in proportion to the population of the counties. The salary shall be paid in equal monthly installments. Expense claims shall be paid at the end of each month on the approval of the district attorney.(b)
The district attorney, with the approval of the Commissioners Court of Brazos County, may appoint the assistant district attorneys, investigators, stenographers, secretaries, clerks, and other personnel that he considers necessary to carry out the duties of the office.(c)
An investigator appointed by the district attorney must take the constitutional oath of office when appointed.(d)
The Commissioners Court of Brazos County may accept gifts and grants from any individual, partnership, corporation, trust, foundation, association, or political subdivision for the purpose of financing adequate and effective prosecution, crime prevention, or rehabilitation programs within the county or district that are approved by the district attorney.(b)
The district attorney, with the approval of the commissioners courts of the counties comprising the district, may appoint assistants, investigators, and office personnel as he considers necessary.(b)
The district attorney shall attend each term and session of the district, county, and justice courts of Nueces County and shall represent the state in criminal cases pending in those courts. The district attorney has control of any case heard on petition of writ of habeas corpus before any district or inferior court in the district.(c)
The commissioners court of Nueces County may supplement the state salary of the district attorney. The amount of the supplement may not exceed $12,000 a year. The supplemental salary may be paid from the officers’ salary fund of the county. If that fund is inadequate, the commissioners court may transfer the necessary funds from the general fund of the county.(b)
The commissioners court of Briscoe or Dickens County may supplement the state salary of the district attorney in an amount set by the commissioners court. The commissioners court may pay the supplemental salary from the officers’ salary fund, the general fund, any other available fund, or any combination of those funds.(c)
If there is no county attorney in Briscoe, Dickens, Floyd, or Motley County, the district attorney may perform the duties of county attorney for the county. The commissioners court of the county in which the district attorney is performing the duties of county attorney may compensate the district attorney for the prosecution of misdemeanors in the county. The commissioners court shall determine the amount of the compensation and the manner of its payment.(b)
The district attorney also represents the state in all criminal cases before the County Court of Glasscock County.(b)
The district attorney of the 119th Judicial District may request the district attorney of the 51st Judicial District to assist in the trial of a criminal or habeas corpus case before the 119th District Court. The district attorney of the 119th Judicial District has absolute control and management of those cases.(b)
Repealed by Acts 2015, 84th Leg., R.S., Ch. 1182 , Sec. 2.08(b), eff. September 1, 2015.(b)
The district attorney represents the state in criminal cases in all district and inferior courts other than municipal courts having jurisdiction in Midland County.(c)
The district attorney has all of the powers, duties, and privileges conferred by law on district and prosecuting attorneys relating to:(1)
the prosecution of felony and misdemeanor criminal cases;(2)
matters directly relating to criminal cases, including asset and bond forfeitures; and(3)
delinquent children, children in need of supervision, and protective orders under Chapter 71 (Definitions), Family Code.(b)
The district attorney, with the approval of the Commissioners Court of Nacogdoches County, may appoint the assistant district attorneys, investigators, and stenographers that are necessary to carry out the duties of the office.(b)
Subject to the approval of the Commissioners Court of Angelina County, the district attorney may appoint investigators, court reporters, stenographers, secretaries, and other employees as he considers adequate and necessary to conduct the affairs of the office.(c)
An investigator appointed by the district attorney must take the constitutional oath of office when appointed.(b)
The district attorney, with the approval of the Commissioners Court of Henderson County, may appoint assistants, investigators, and office personnel as he considers necessary.(c)
An investigator appointed by the district attorney must take the constitutional oath of office when appointed.(b)
The district attorney of the 198th Judicial District and the district attorneys of the other judicial districts within that district shall assist each other in the conduct of their duties.(b)
The Commissioners Court of Liberty County may supplement the state salary of the district attorney. The supplemental compensation may not exceed $5,000 a year. The supplemental compensation must be paid from the officers’ salary fund of the county. If the officers’ salary fund of a county is not adequate, the commissioners court may transfer the necessary amount from the general fund of the county.(b)
The district attorney of the 258th Judicial District also acts as district attorney for the 411th Judicial District in Trinity County.(c)
Expired.(b)
The commissioners court of one or more of the counties comprising the district may supplement the state salary of the district attorney. The commissioners court of each county may set the amount of supplemental compensation paid by that county.(b)
The district attorney represents the state and performs the duties of prosecutor in all criminal matters before the district and county courts in Wharton County.(c)
At the request of the county attorney, the district attorney may assist the county attorney in the prosecution of juvenile cases under Title 3, Family Code.(b)
The Commissioners Court of Chambers County may supplement the state salary of the district attorney. The supplemental compensation may not exceed $5,000 a year.(b)
The district attorney, with the approval of the Commissioners Court of Houston County, may appoint the necessary assistants, investigators, and personnel for the office.(c)
The salaries of the staff of the district attorney and the operating expenses of the office of the district attorney must be paid from the general fund of the county.(d)
An investigator appointed by the district attorney must take the constitutional oath of office.
Source:
Section 43.004 — Expenses, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.43.htm#43.004
(accessed Jun. 5, 2024).