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Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided December 4, 1981Published

1Opinion of the Court

Mr. Andy Shuval Executive Director Texas Prosecutors Coordinating Council 1414 Colorado Austin, Texas 78711

Re: Appointment of prosecutor pro tempore

Dear Mr. Shuval:

You have informed us that House Bill No. 649, passed in the last legislative session, contains language that raises questions regarding the manner and means by which a temporary prosecutor is appointed in certain situations where the elected prosecutor is unable to serve. Section 3 of House Bill No. 649 amends article 332d, V.T.C.S., by adding section 10A which provides in part:(a) A prosecuting attorney pro tempore shall be…

2Cases cited7 opinions

  1. Phagan v. State Ex Rel. EyssenCourt of Appeals of Texas · 1974
  2. Oliphint v. ChristyTexas Supreme Court · 1957
  3. Allen v. Texas Department of Public SafetyCourt of Appeals of Texas · 1966
  4. Green v. County Attorney of Anderson CountyCourt of Appeals of Texas · 1979
  5. Freeman v. Terrell, ComptrollerTexas Supreme Court · 1926

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