Tex. Code Crim. Proc. art. 11.39
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
If neither the county nor the district attorney be present, the judge may appoint some qualified practicing attorney to represent the State, who shall be paid the same fee allowed district attorneys for like services.
Tex. Code Crim. Proc. § 11.39