Tex. Code Crim. Proc. art. 45.031

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 45.031 - [Repealed Effective 1/1/2025] Counsel For State Not Present

(a) If the state is not represented by counsel when the case is called for trial, the justice or judge may:

(1) postpone the trial to a date certain;

(2) appoint any competent attorney as an attorney pro tem to represent the state, notwithstanding Article 2.07; or

(3) proceed to trial.

(b) An attorney appointed under Subsection (a) is qualified to perform the duties of the office of the attorney representing the state and may be paid a reasonable fee for performing those duties.

Tex. Code Crim. Proc. § 45.031

Repealed without reference to the 2023 amendment of this section by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 3.001, eff. 1/1/2025.

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 697,Sec. 1, eff. 9/1/2023, app. only to a trial that begins on or after the effective date of this Act, regardless of whether the alleged offense was committed before, on, or after that date.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon's Ann.C.C.P. art. 45.36 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 29, eff. 9/1/1999 .