Text of article effective on January 01, 2025
Art. 2A.105.  GROUNDS FOR DISQUALIFICATION.  (a)  A district attorney may not represent the state in a criminal case in which the attorney has been, before the attorney's election, employed adversely to the state.
(b)  A district or county attorney may not:
(1)  be of counsel adversely to the state in any case in any court; or
(2)  after the attorney ceases to be a district or county attorney, be of counsel adversely to the state in any case in which the attorney has been of counsel for the state.
(c)  A judge of a court in which a district or county attorney represents the state shall declare the attorney disqualified for purposes of Article 2A.104 on a showing that the attorney is the subject of a criminal investigation by a law enforcement agency if that investigation is based on credible evidence of criminal misconduct for an offense that is within the attorney's authority to prosecute.  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.
Added by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 1.001, eff. January 1, 2025.