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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.20

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law.


As a criminal defense attorney in Texas, it is crucial to understand the nuances of the state's criminal code. One particular law that is relevant to our practice is Art. 2.20, which pertains to the duties of a deputy.



Under this law, any duty that is imposed upon a sheriff by the Texas Criminal Code can be lawfully performed by their deputy. This means that a deputy has the same authority and power as the sheriff when it comes to executing their duties under the law.


Furthermore, in the absence of a sheriff in a county, the duties of that office with regards to all proceedings under the criminal law will fall upon the officer who is authorized to discharge the duties of the sheriff in the event of a vacancy in the office. This ensures that the law enforcement function of the county remains uninterrupted in the absence of a sheriff.


As a criminal defense attorney, it is essential to understand the hierarchy of law enforcement in a county. If there is no sheriff, then the duties of the office fall upon the designated officer who has the power to execute them. This is important to know because it ensures that the proper authority is being followed when it comes to criminal proceedings.


Art. 2.20. DEPUTY.


Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to discharge the duties of sheriff, in case of vacancy in the office.


Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


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