Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties.
It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
Acts , 59th Leg. Amended by Acts , 67th Leg. The county attorney shall attend the terms of court in his county below the grade of district court, and shall represent the State in all criminal cases under examination or prosecution in said county; and in the absence of the district attorney he shall represent the State alone and, when requested, shall aid the district attorney in the prosecution of any case in behalf of the State in the district court.
He shall represent the State in cases he has prosecuted which are appealed. Text of article effective until January 01, Art. The attorney general may offer to a county or district attorney the assistance of the attorney general's office in the prosecution of an offense described by Article On request of a county or district attorney, the attorney general shall assist in the prosecution of an offense described by Article For purposes of this article, assistance includes investigative, technical, and litigation assistance of the attorney general's office.
Added by Acts , 80th Leg. Acts , 85th Leg. Text of article effective on January 01, Art. Added by Acts , 81st Leg. Text of article as added by Acts , 85th Leg.
Added by Acts , 85th Leg. If a district or county attorney receives money from a person who is required by a court order to pay child support through a local registry or the Title IV-D agency and the money is presented to the attorney as payment for the court-ordered child support, the attorney shall transfer the money to the local registry or Title IV-D agency designated as the place of payment in the child support order.
Added by Acts , 76th Leg. Amended by Acts , 60th Leg. Upon complaint being made before a district or county attorney that an offense has been committed in his district or county, he shall reduce the complaint to writing and cause the same to be signed and sworn to by the complainant, and it shall be duly attested by said attorney.
If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case.
If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county. For the purpose mentioned in the two preceding Articles, district and county attorneys are authorized to administer oaths.
Nothing herein shall 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 for the state who is appointed to perform additional duties. He shall receive compensation in the same amount and manner as an attorney appointed to represent an indigent person.
A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation. Acts , 82nd Leg. Each of the following officers is a magistrate within the meaning of this Code: May 15, ; Acts , 71st Leg. June 9, ; Acts , 73rd Leg.
June 18, ; Acts , 76th Leg. Acts , 79th Leg. Acts , 80th Leg. Acts , 81st Leg. It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
The following are peace officers: May 17, ; Acts , 63rd Leg. May 24, ; Acts , 65th Leg. Amended by Acts , 68th Leg. May 17, ; Acts , 68th Leg. June 19, ; Acts , 68th Leg. June 14, ; Acts , 71st Leg. June 16, ; Acts , 72nd Leg. June 11, ; Acts , 72nd Leg. May 30, ; Acts , 74th Leg. May 29, ; Acts , 76th Leg. June 20, ; Acts , 78th Leg. Reenacted and amended by Acts , 79th Leg.
Acts , 83rd Leg. Acts , 84th Leg. Termination of employment with a railroad company, or the revocation of a railroad peace officer license, shall constitute an automatic revocation of a certificate of authority to act as a railroad peace officer. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a railroad peace officer. All expenses incurred by the granting or revocation of a certificate of authority to act as a railroad peace officer shall be paid by the employing railroad company.
Added by Acts , 69th Leg. Section or d is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state. In this subsection, "national park or national recreation area" means a national park or national recreation area included in the National Park System as defined by 16 U.
In this subsection, "National Forest System" has the meaning assigned by 16 U. Section a or investigating a threat against a person described by 18 U. Section a has the powers of arrest, search, and seizure as to: Amended by Acts , 71st Leg.
June 14, ; Acts , 73rd Leg. June 19, ; Subsec. June 17, ; Subsec. May 26, ; Subsec. May 24, ; Subsec. June 18, ; Subsec. May 24, ; added by Acts , 76th Leg. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. This subsection shall not be construed to act as a limitation on the liability of a municipality or county for the acts or omissions of a person serving as an adjunct police officer.
Added by Acts , 70th Leg. A the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or B the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and 2 to the extent necessary to: A maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or B regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported.
A peace officer described by this subsection may also as part of the officer's powers in this state enforce the ordinances of a Texas municipality described by this subsection but only after the governing body of the municipality authorizes that enforcement by majority vote at an open meeting.
Added by Acts , 74th Leg. Amended by Acts , 76th Leg. Termination of employment with the association, or the revocation of a special ranger license, shall constitute an automatic revocation of a certificate of authority to act as a special ranger. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a special ranger.
All expenses incurred by the granting or revocation of a certificate of authority to act as a special ranger shall be paid by the association.
Added by Acts , 79th Leg. The bond may be sued on from time to time in the name of the person injured until the whole amount is recovered.
Added by Acts , 82nd Leg. A the board of trustees of a school district or the governing body of an open-enrollment charter school under Section Added by Acts , 83rd Leg. To effect this purpose, the officer shall use all lawful means. Text of subsection as added by Acts , 85th Leg.
A a hotel, motel, or other place of lodging; B a restaurant or other place where food is offered for sale to the public; C a retail business or other commercial establishment or an office building to which the general public is invited; D a sports venue; and E any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.
A peace officer may not engage in racial profiling. Added by Acts , 77th Leg. A the race or ethnicity of the individual detained; B whether a search was conducted and, if so, whether the individual detained consented to the search; C whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; D whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.
A the Texas Commission on Law Enforcement; and B the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection b must include standards for reviewing video and audio documentation.
This subsection does not affect the collection of information as required by a policy under Subsection b 6. A the person's gender; and B the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; 2 the initial reason for the stop; 3 whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; 4 whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; 5 the reason for the search, including whether: A any contraband or other evidence was in plain view; B any probable cause or reasonable suspicion existed to perform the search; or C the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; 6 whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; 7 the street address or approximate location of the stop; 8 whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and 9 whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.
Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency.