Tex.
Gov't Code Section 43.180
Harris County District Attorney
(a)
The voters of Harris County elect a district attorney.(b)
The district attorney shall attend each term and session of the district courts of Harris County. The district attorney shall represent the state in criminal cases pending in the district and inferior courts of the county. The district attorney has control of any case heard on habeas corpus before any civil district court or criminal court of the county.(c)
The district attorney has all the powers, duties, and privileges in Harris County relating to criminal matters for and in behalf of the state that are conferred on district attorneys in the various counties and districts.(d)
The allocation formerly made under Section 6(a), Chapter 465, Acts of the 44th Legislature, 2nd Called Session, 1935 (Article 3912e, Vernon’s Texas Civil Statutes), now codified as Section 154.008 (Legislative Appropriation for Officers Compensated on Salary Basis), Local Government Code, to the criminal district attorney of Harris County shall be made and allocated on the same basis to the district attorney in the General Appropriations Act.(e)
The Commissioners Court of Harris County shall pay the district attorney a salary of not less than $35,000 a year. The county salary shall be paid in equal biweekly installments.(f)
At the option of the district attorney, the comptroller of public accounts shall pay directly to the district attorney 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. If the district attorney receives a salary from the state under this subsection, the amount of the salary shall be deducted from the amount to be paid to Harris County under Subchapter C (Eligible Counties), Chapter 41 (General Provisions). The total compensation of the district attorney from all sources may not be less than the salary of the district attorney paid by the county in effect on August 29, 1977.(g)
The district attorney may not engage in the private practice of law whether or not he is compensated for his services.(b)
The district attorney shall attend each term and session of the district courts in Fort Bend County and, unless otherwise provided by law, shall represent the state in all felony and misdemeanor criminal cases and matters directly relating to criminal cases in all the courts of the county, including any asset forfeitures related to criminal activities, and bond forfeiture proceedings through judgment other than collection of a final judgment on a bond forfeiture.(c)
The district attorney has the powers, duties, and privileges in Fort Bend County relating to family law and juvenile matters, except as provided by Subsection (f-1), protective orders under Title 4, Family Code, orders under Chapter 159 (Uniform Interstate Family Support Act), Family Code, and proceedings under Title 3, Family Code.(d)
The district attorney has no power, duty, or privilege in Fort Bend County relating to a quo warranto or removal from office proceeding, except that if the county attorney fails or refuses to act in a removal case, the district attorney has the power, duty, and privilege to bring a removal from office action or a quo warranto proceeding.(e)
Except as provided by Subsections (c) and (g), the district attorney has no power, duty, or privilege to represent this state, Fort Bend County, or the officials of Fort Bend County in any civil matter pending before any court.(f)
Except as provided by the Code of Criminal Procedure, the district attorney has no power, duty, or privilege in Fort Bend County relating to a civil commitment matter under Subtitle C, Title 7, Health and Safety Code, for and on behalf of the state.(f-1)
The district attorney has no power, duty, or privilege in Fort Bend County relating to a matter involving children’s protective services.(g)
At the request of the county attorney, the district attorney may assist the county attorney in civil matters in Fort Bend County.(h)
The district attorney shall, with the approval of the commissioners court, appoint the assistant district attorneys and other assistants necessary to the proper performance of the district attorney’s duties. The commissioners court shall set the salary of an assistant to the district attorney.(b)
The district attorney of the 369th Judicial District also represents the state in all criminal and civil actions in which the state is interested that arise in the 87th Judicial District in Leon County.(c)
The district attorney may, with the consent of the Commissioners Court of Leon County, appoint a deputy district attorney.(d)
The Commissioners Court of Leon County shall pay the salary and traveling expenses of the deputy district attorney from the officers’ salary fund. The salary shall be paid in equal monthly installments and expense claims shall be paid at the end of each month. The salary is subject to participation fully in the Texas County and District Retirement System.
Source:
Section 43.180 — Harris County District Attorney, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.43.htm#43.180 (accessed Apr. 29, 2024).
