Attorney Representing State Not Present For Trial

Art. 45A.158. ATTORNEY REPRESENTING STATE NOT PRESENT FOR TRIAL. (a) If an attorney representing the state is not present when the case is called for trial, the justice or judge may: (1) postpone the trial to a specified date; (2) temporarily appoint any competent attorney to perform duties as an attorney representing the state, notwithstanding Article 2A.104; 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. Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 5.016(a), eff. September 1, 2025.