Section 2A.104 - [Effective 1/1/2025] Temporary Appointment Of Attorney(a) In this article, "attorney representing the state" means a county attorney with criminal jurisdiction, a district attorney, or a criminal district attorney.(b) If an attorney representing the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or if there is no attorney representing the state, the judge of the court in which the attorney represents the state may appoint to perform the duties of the attorney's office during the attorney's absence or disqualification: (1) an attorney representing the state from any county or district; or(2) an assistant attorney general.(c) An attorney representing the state who is not disqualified to act may request the court to permit the attorney's recusal in a case for good cause, and on approval by the court, the attorney is disqualified.(d) Except as otherwise provided by this subsection, the duties of the office appointed under Subsection (b) are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. This subsection does not prevent a commissioners court of a county from contracting with another commissioners court to pay expenses and reimburse compensation paid by a county to an attorney who is appointed to perform additional duties. (Code Crim. Proc., Art. 2.07.)Tex. Code Crim. Proc. § 2A.104
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 1.001, eff. 1/1/2025.