Texas Constitution:Article V, Section 21: Difference between revisions

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As adopted in 1876, this section read: "A county attorney, for counties in which there is not a resident criminal district attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and hold his office for the term of two years. In case of vacancy the Commissioners' Court of the county shall have power to appoint a county attorney until the next general election. The county attorneys shall represent the State in all cases in the District and inferior courts in their respective counties, but if any county shall be included in a district in which there shall be a district attorney, the respective duties of district attorneys and county attorneys shall in such counties by regulated by the Legislature. The Legislature may provide for the election of district attorneys in such districts, as may be deemed necessary, and make provision for the compensation of district attorneys, and county attorneys; ''provided'', district attorneys shall receive an annual salary of five hundred dollars to be paid by the State, and such fees commissions and perquisites as may be prescribed by law. County attorneys shall receive as compensation only such fees, commissions and perquisites as may be prescribed by law." It has been amended one time.
As adopted in 1876, this section read: "A county attorney, for counties in which there is not a resident criminal district attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and hold his office for the term of two years. In case of vacancy the Commissioners' Court of the county shall have power to appoint a county attorney until the next general election. The county attorneys shall represent the State in all cases in the District and inferior courts in their respective counties, but if any county shall be included in a district in which there shall be a district attorney, the respective duties of district attorneys and county attorneys shall in such counties by regulated by the Legislature. The Legislature may provide for the election of district attorneys in such districts, as may be deemed necessary, and make provision for the compensation of district attorneys, and county attorneys; ''provided'', district attorneys shall receive an annual salary of five hundred dollars to be paid by the State, and such fees commissions and perquisites as may be prescribed by law. County attorneys shall receive as compensation only such fees, commissions and perquisites as may be prescribed by law." It has been amended once.


Whether the Attorney General (see Article IV, Section [[Texas Constitution:Article IV, Section 22|22]]) or the various county and district attorneys are required to represent the state in certain cases has been the subject of several Supreme Court and Court of Criminal Appeals decisions.
Whether the Attorney General (see Article IV, Section [[Texas Constitution:Article IV, Section 22|22]]) or the various county and district attorneys are required to represent the state in certain cases has been the subject of several Supreme Court and Court of Criminal Appeals decisions.