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

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

texas rules-of-court municipal-bylaws