the primary duty of prosecuting attorney's.... not to convict, but to see that justice is done.

CODE OF CRIMINAL PROCEDURE

CHAPTER 2. GENERAL DUTIES OF OFFICERS


 Art. 2.01. [25] [30] [31] DUTIES OF DISTRICT
ATTORNEYS.  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.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Art. 2.03. [27] [33] [34] NEGLECT OF DUTY.  (a) It shall be
the duty of the attorney representing the State to present by
information to the court having jurisdiction, any officer for
neglect or failure of any duty enjoined upon such officer, when such
neglect or failure can be presented by information, whenever it
shall come to the knowledge of said attorney that there has been a
neglect or failure of duty upon the part of said officer;  and he
shall bring to the notice of the grand jury any act of violation of
law or neglect or failure of duty upon the part of any officer, when
such violation, neglect or failure is not presented by information,
and whenever the same may come to his knowledge.
 (b)  It is the duty of the trial court, the attorney
representing the accused, the attorney representing the state and
all peace officers to so conduct themselves as to insure a fair
trial for both the state and the defendant, not impair the
presumption of innocence, and at the same time afford the public the
benefits of a free press.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. 
Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug.
28, 1967.


 Art. 2.04. [28] [34] [35] SHALL DRAW COMPLAINTS.  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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.            


 Art. 2.05. [29] [35] [36] WHEN COMPLAINT IS MADE.  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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.            


 Art. 2.06. [30] [36] [37] MAY ADMINISTER OATHS.  For the
purpose mentioned in the two preceding Articles, district and
county attorneys are authorized to administer oaths.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.            


 Art. 2.07. [31] [38] [39] ATTORNEY PRO TEM.  (a) Whenever an
attorney for the state is disqualified to act in any case or
proceeding, is absent from the county or district, or is otherwise
unable to perform the duties of his office, or in any instance where
there is no attorney for the state, the judge of the court in which
he represents the state may appoint any competent attorney to
perform the duties of the office during the absence or
disqualification of the attorney for the state.
 (b)  Except as otherwise provided by this subsection, if the
appointed attorney is also an attorney for the state, the duties of
the appointed office are additional duties of his present office,
and he is not entitled to additional compensation.  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.
 (b-1)  An attorney for the state who is not disqualified to
act may request the court to permit him to recuse himself in a case
for good cause and upon approval by the court is disqualified.
 (c)  If the appointed attorney is not an attorney for the
state, he is qualified to perform the duties of the office for the
period of absence or disqualification of the attorney for the state
on filing an oath with the clerk of the court.  He shall receive
compensation in the same amount and manner as an attorney appointed
to represent an indigent person.
 (d)  In this article, "attorney for the state" means a county
attorney, a district attorney, or a criminal district attorney.
 (e)  In Subsections (b) and (c) of this article, "attorney
for the state" includes an assistant attorney general.
 (f)  In Subsection (a) of this article, "competent attorney"
includes an assistant attorney general.
 (g)  An attorney appointed under Subsection (a) of this
article to perform the duties of the office of an attorney for the
state in a justice or municipal court may be paid a reasonable fee
for performing those duties.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. 
Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 4, eff. Aug.
28, 1967;  Acts 1973, 63rd Leg., p. 356, ch. 154, Sec. 1, eff. May
23, 1973;  Acts 1987, 70th Leg., ch. 918, Sec. 1, eff. Aug. 31, 1987; 
Acts 1995, 74th Leg., ch. 785, Sec. 1, eff. Sept. 1, 1995;  Acts
1999, 76th Leg., ch. 1545, Sec. 1, eff. Sept. 1, 1999.


 Art. 2.08. [32] [40] [41] DISQUALIFIED.  District and county
attorneys shall not be of counsel adversely to the State in any
case, in any court, nor shall they, after they cease to be such
officers, be of counsel adversely to the State in any case in which
they have been of counsel for the State.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.            


 Art. 2.09. WHO ARE MAGISTRATES.  Each of the following
officers is a magistrate within the meaning of this Code:  The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates appointed by the judges of the district courts of
Lubbock County, Nolan County, or Webb County, the magistrates
appointed by the judges of the criminal district courts of Dallas
County or Tarrant County, the masters appointed by the judges of the
district courts and the county courts at law that give preference to
criminal cases in Jefferson County, the magistrates appointed by
the judges of the district courts and the statutory county courts of
Brazos County or Williamson County, the magistrates appointed by
the judges of the district courts and statutory county courts that
give preference to criminal cases in Travis County, the county
judges, the judges of the county courts at law, judges of the county
criminal courts, the judges of statutory probate courts, the
associate judges appointed by the judges of the statutory probate
courts under Subchapter G, Chapter 54, Government Code, the
justices of the peace, and the mayors and recorders and the judges
of the municipal courts of incorporated cities or towns.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966. 
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 100, eff.
Sept. 1, 1981;  Acts 1983, 68th Leg., p. 883, ch. 204, Sec. 1, eff.
Aug. 29, 1983;  Acts 1989, 71st Leg., ch. 25, Sec. 2, eff. Aug. 28,
1989;  Acts 1989, 71st Leg., ch. 79, Sec. 1, eff. May 15, 1989;  Acts
1989, 71st Leg., ch. 916, Sec. 1, eff. Sept. 1, 1989;  Acts 1989,
71st Leg., ch. 1068, Sec. 2, eff. Aug. 28, 1989;  Acts 1991, 72nd
Leg., ch. 16, Sec. 4.01, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg.,
ch. 224, Sec. 2, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 413,
Sec. 1, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 468, Sec. 1,
eff. June 9, 1993;  Acts 1993, 73rd Leg., ch. 577, Sec. 2, eff. Aug.
30, 1993;  Acts 1999, 76th Leg., ch. 586, Sec. 2, eff. June 18, 1999; 
Acts 1999, 76th Leg., ch. 1503, Sec. 2, eff. Sept. 1, 1999;  Acts
2003, 78th Leg., ch. 979, Sec. 1, eff. Sept. 1, 2003;  Acts 2003,
78th Leg., ch. 1066, Sec. 9, eff. Sept. 1, 2003.

Amended by Acts 2005, 79th Leg., ch. 109, Sec. 2, eff. May 20, 2005; 
Acts 2005, 79th Leg., ch. 767, Sec. 2, eff. Sept. 1, 2005;  Acts
2005, 79th Leg., ch. 1331, Sec. 1, eff. Sept. 1, 2005.


 Art. 2.10. [34] [42] [43] DUTY OF MAGISTRATES.  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.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.            


 Art. 2.11. [35] [62] [63] EXAMINING COURT.  When the
magistrate sits for the purpose of inquiring into a criminal
accusation against any person, this is called an examining court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722, eff. Jan. 1, 1966.            


 Art. 2.12. WHO ARE PEACE OFFICERS.  The following are peace
officers:       
 (1)  sheriffs, their deputies, and those reserve deputies
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
 (2)  constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
 (3)  marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;
 (4)  rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;
 (5)  investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
 (6)  law enforcement agents of the Texas Alcoholic Beverage
Commission;     
 (7)  each member of an arson investigating unit commissioned
by a city, a county, or the state;
 (8)  officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;
 (9)  officers commissioned by the General Services
Commission;              
 (10)  law enforcement officers commissioned by the Parks and
Wildlife Commission;
 (11)  airport police officers commissioned by a city with a
population of more than 1.18 million that operates an airport that
serves commercial air carriers;
 (12)  airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
 (13)  municipal park and recreational patrolmen and security
officers;      
 (14)  security officers and investigators commissioned as
peace officers by the comptroller;
 (15)  officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
 (16)  officers commissioned by a board of trustees under
Chapter 54, Transportation Code;
 (17)  investigators commissioned by the Texas State Board of
Medical Examiners;
 (18)  officers commissioned by the board of managers of the
Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
 (19)  county park rangers commissioned under Subchapter E,
Chapter 351, Local Government Code;
 (20)  investigators employed by the Texas Racing Commission;                  
 (21)  officers commissioned under Chapter 554, Occupations
Code;            
 (22)  officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
 (23)  investigators commissioned by the attorney general
under Section 402.009, Government Code;
 (24)  security officers and investigators commissioned as
peace officers under Chapter 466, Government Code;
 (25)  an officer employed by the Texas