According to Article 5 Section 21 of the Texas Constitution & Chapter 20 of the Code of Criminal Procedure says, "a "city attorney" is not a public officer; He is not granted "state prosecutorial power" & there should be no confusion, as for even the legislature CAN NOT delegate them the power, for it's a NON delegable power." Then why is the "city attorney" doing this in our municipal court?

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    Doing what in you municipal court?
    – Dale M
    Mar 2, 2023 at 8:01

1 Answer 1


The authorities cited mean that the city attorney can't prosecute cases arising under state criminal laws.

Cases in municipal court are prosecuted under municipal ordinances rather than state criminal laws, in the name of the city, rather than the People of the State of Texas. Therefore, a city attorney may prosecute ordinance violations in municipal court.

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