Tex. Government Code § 402.103
This is the official text of Tex. Government Code § 402.103, part of Texas’s Government Code — covers the structure and operation of Texas state and local government.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 402.103. PROSECUTION.
Official statutory text
(a) Notwithstanding any other law, the attorney general has jurisdiction to prosecute and shall represent the state in the prosecution of a criminal offense described by Section 402.101 if:
(1) a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general;
(2) 180 days have elapsed from the date the report was submitted; and
(3) the local prosecuting attorney has not taken prosecutorial action to prosecute the offense.
(b) If the prosecution of a criminal offense described by Section 402.101 is pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall file with the court in which the prosecution is pending a notice of appearance to represent the state and provide to the local prosecuting attorney a copy of the notice.
(c) If the prosecution of a criminal offense described by Section 402.101 is not pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall notify the local prosecuting attorney of the attorney general's intent to represent the state in the prosecution of the offense under Subsection (a).
(d) A local prosecuting attorney may file a motion in the court in which the prosecution of a criminal offense described by Section 402.101 is pending objecting to the attorney general's representation of the state in the prosecution of the offense. The court shall hold a hearing on the motion filed under this subsection not later than the 30th day after the date the motion is filed. In response to a motion filed under this subsection, the court shall:
(1) make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense; and
(2) if the court finds the local prosecuting attorney has not taken prosecutorial action to prosecute the offense, issue an order stating the attorney general shall represent the state in the prosecution of the offense.
(1) a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general;
(2) 180 days have elapsed from the date the report was submitted; and
(3) the local prosecuting attorney has not taken prosecutorial action to prosecute the offense.
(b) If the prosecution of a criminal offense described by Section 402.101 is pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall file with the court in which the prosecution is pending a notice of appearance to represent the state and provide to the local prosecuting attorney a copy of the notice.
(c) If the prosecution of a criminal offense described by Section 402.101 is not pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall notify the local prosecuting attorney of the attorney general's intent to represent the state in the prosecution of the offense under Subsection (a).
(d) A local prosecuting attorney may file a motion in the court in which the prosecution of a criminal offense described by Section 402.101 is pending objecting to the attorney general's representation of the state in the prosecution of the offense. The court shall hold a hearing on the motion filed under this subsection not later than the 30th day after the date the motion is filed. In response to a motion filed under this subsection, the court shall:
(1) make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense; and
(2) if the court finds the local prosecuting attorney has not taken prosecutorial action to prosecute the offense, issue an order stating the attorney general shall represent the state in the prosecution of the offense.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.