reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter HH. Brazoria County Criminal Magistrates › Section 54.1854. Judicial Immunity

Sec. 54.1854.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2009, 81st Leg., R.S., Ch. 646 (H.B. 1750), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter HH. Brazoria County Criminal Magistrates › Section 54.1855. Witnesses

Sec. 54.1855.  WITNESSES.  (a)  A witness who is sworn and who appears before a magistrate is subject to the penalties for perjury and aggravated perjury provided by law.
(b)  A referring court may fine or imprison a witness or other court participant for failure to appear after being summoned, refusal to answer questions, or other acts of direct contempt before a magistrate.
Added by Acts 2009, 81st Leg., R.S., Ch. 646 (H.B. 1750), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter JJ. Magistrates in Certain Counties › Section 54.1951. Application of Subchapter

Sec. 54.1951.  APPLICATION OF SUBCHAPTER.  This subchapter applies to a constitutional county court in a county that:
(1)  has a population of more than 820,000; and
(2)  is contiguous to a county with a population of at least four million.
Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 38, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter JJ. Magistrates in Certain Counties › Section 54.1952. Appointment

Sec. 54.1952.  APPOINTMENT.  (a)  The county judge may appoint one or more part-time or full-time magistrates to hear a matter alleging a violation of Section 25.093, Education Code, or alleging truant conduct under Section 65.003(a), Family Code, referred to the magistrate by a court having jurisdiction over the matter.
(b)  An appointment under Subsection (a) is subject to the approval of the commissioners court.
(c)  A magistrate serves at the pleasure of the county judge.
Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 33, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter JJ. Magistrates in Certain Counties › Section 54.1953. Qualifications

Sec. 54.1953.  QUALIFICATIONS.  A magistrate must:
(1)  be a citizen of this state;
(2)  have resided in the county for at least six months before the date of the appointment; and
(3)  have:
(A)  served as a justice of the peace for at least four years before the date of appointment; or
(B)  been licensed to practice law in this state for at least four years before the date of appointment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter JJ. Magistrates in Certain Counties › Section 54.1954. Compensation

Sec. 54.1954.  COMPENSATION.  A magistrate is entitled to the compensation set by the commissioners court.  The compensation shall be paid from the general fund of the county.
Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter JJ. Magistrates in Certain Counties › Section 54.1956. Not Guilty Plea Entered or Denial of Alleged Conduct

Sec. 54.1956.  NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED CONDUCT.  (a)  On entry of a not guilty plea for a violation of Section 25.093, Education Code, the magistrate shall refer the case back to the referring court for all further pretrial proceedings and a full trial on the merits before the court or a jury.
(b)  On denial by a child of truant conduct, as defined by Section 65.003(a), Family Code, the magistrate shall refer the case to the appropriate truancy court for adjudication.
Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 35, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter JJ. Magistrates in Certain Counties › Section 54.1957. Papers Transmitted to Judge

Sec. 54.1957.  PAPERS TRANSMITTED TO JUDGE.  (a)  At the conclusion of a hearing, the magistrate shall transmit to the judge any papers relating to the case, including:
(1)  the magistrate's findings and recommendations;
(2)  a statement that notice of the findings and recommendations and of the right to a hearing before the judge has been given to all parties; and
(3)  all other documents requested by the referring judge.
(b)  Unless the judge adopts, modifies, or rejects the magistrate's findings or recommendations not later than the fifth working day after the date the judge receives the findings or recommendations, a magistrate's finding or recommendation is final for appeal purposes.
(c)  The judge shall send written notice of any modification or rejection of the magistrate's findings or recommendations to each party to the case and the attorney representing the state not later than the fifth day after the date of the modification or rejection.
Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2001. Authorization; Appointment; Elimination

Sec. 54.2001.  AUTHORIZATION; APPOINTMENT; ELIMINATION.  (a)  The Commissioners Court of Guadalupe County may authorize the judges of the district and statutory county courts in Guadalupe County to appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter.
(b)  The judges of the district and statutory county courts in Guadalupe County by majority vote may appoint magistrates as authorized by the Commissioners Court of Guadalupe County.
(c)  An order appointing a magistrate must be signed by the local presiding judge of the district courts serving Guadalupe County, and the order must state:
(1)  the magistrate's name; and
(2)  the date the magistrate's employment is to begin.
(d)  An authorized magistrate's position may be eliminated on a majority vote of the Commissioners Court of Guadalupe County.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.003, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2002. Qualifications; Oath of Office

Sec. 54.2002.  QUALIFICATIONS; OATH OF OFFICE.  (a)  To be eligible for appointment as a magistrate, a person must:
(1)  be a citizen of the United States;
(2)  have resided in Guadalupe County for at least the two years preceding the person's appointment; and
(3)  be at least 30 years of age.
(b)  A magistrate appointed under Section 54.2001 must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2003. Compensation

Sec. 54.2003.  COMPENSATION.  (a)  A magistrate is entitled to the salary determined by the Commissioners Court of Guadalupe County.
(b)  A full-time magistrate's salary may not be less than that of a justice of the peace of Guadalupe County as established by the  annual budget of Guadalupe County.
(c)  A part-time magistrate's salary is equal to the per-hour salary of a justice of the peace.  The per-hour salary is determined by dividing the annual salary by a 2,000 work-hour year.  The local administrative judge of the district courts serving Guadalupe County shall approve the number of hours for which a part-time magistrate is to be paid.
(d)  The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2004. Judicial Immunity

Sec. 54.2004.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2005. Termination of Employment

Sec. 54.2005.  TERMINATION OF EMPLOYMENT.  (a)  A magistrate may be terminated by a majority vote of all the judges of the district and statutory county courts of Guadalupe County.
(b)  To terminate a magistrate's employment, the local administrative judge of the district courts serving Guadalupe County must sign a written order of termination.  The order must state:
(1)  the magistrate's name; and
(2)  the final date of the magistrate's employment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2006. Jurisdiction; Responsibility; Powers

Sec. 54.2006.  JURISDICTION; RESPONSIBILITY; POWERS.  (a)  The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a magistrate, as applicable.
(b)  To the extent authorized by this subchapter and the standing orders, a magistrate has jurisdiction to exercise the authority granted by the judges of the district or statutory county courts.
(c)  A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
(d)  A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(e)  A magistrate is authorized to:
(1)  set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2)  conduct examining trials;
(3)  determine whether a defendant is indigent and appoint counsel for an indigent defendant;
(4)  issue search and arrest warrants;
(5)  issue emergency protective orders;
(6)  order emergency mental commitments; and
(7)  conduct initial juvenile detention hearings if approved by the Guadalupe County Juvenile Board.
(f)  With the express authorization of a justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty.
(g)  A magistrate may:
(1)  issue notices of the setting of a case for a hearing;
(2)  conduct hearings;
(3)  compel production of evidence;
(4)  hear evidence;
(5)  issue summons for the appearance of witnesses;
(6)  swear witnesses for hearings;
(7)  regulate proceedings in a hearing; and
(8)  perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate's jurisdiction and authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter KK. Magistrates in Guadalupe County › Section 54.2007. Personnel, Equipment, and Office Space

Sec. 54.2007.  PERSONNEL, EQUIPMENT, AND OFFICE SPACE.  The Commissioners Court of Guadalupe County shall provide:
(1)  personnel for the legal or clerical functions necessary to perform the magistrate's duties authorized by this chapter; and
(2)  sufficient equipment and office space for the magistrate and personnel to perform the magistrate's essential functions.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2201. Authorization; Appointment; Termination; Elimination

Sec. 54.2201.  AUTHORIZATION; APPOINTMENT; TERMINATION; ELIMINATION.  (a)  The Commissioners Court of Collin County by majority vote may appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter.
(b)  An order appointing a magistrate must be signed by the county judge of Collin County, and the order must state:
(1)  the magistrate's name; and
(2)  the date the magistrate's employment begins.
(c)  A magistrate may be terminated by a majority vote of the Commissioners Court of Collin County.
(d)  An authorized magistrate's position may be eliminated on a majority vote of the Commissioners Court of Collin County.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2202. Qualifications; Oath of Office

Sec. 54.2202.  QUALIFICATIONS; OATH OF OFFICE.  (a)  To be eligible for appointment as a magistrate, a person must:
(1)  be a citizen of the United States;
(2)  have resided in Collin County for at least the four years preceding the person's appointment; and
(3)  have been licensed to practice law in this state for at least four years.
(b)  A magistrate appointed under Section 54.2201 must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2203. Compensation

Sec. 54.2203.  COMPENSATION.  A magistrate is entitled to the compensation set by the Commissioners Court of Collin County.  The compensation shall be paid from the general fund of the county.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2204. Judicial Immunity

Sec. 54.2204.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2206. Order of Referral

Sec. 54.2206.  ORDER OF REFERRAL.  (a)  To refer one or more cases to a magistrate, a judge or justice of the peace must issue an order of referral specifying the magistrate's duties.
(b)  An order of referral may:
(1)  limit the powers of the magistrate and direct the magistrate to report only on specific issues, perform particular acts, or receive and report on evidence only;
(2)  set the time and place for the hearing;
(3)  prescribe a closing date for the hearing;
(4)  provide a date for filing the magistrate's findings;
(5)  designate proceedings for more than one case over which the magistrate shall preside;
(6)  direct the magistrate to call the court's docket; and
(7)  set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2207. Powers

Sec. 54.2207.  POWERS.  (a)  Except as limited by an order of referral, a magistrate to whom a case is referred may:
(1)  conduct hearings;
(2)  hear evidence;
(3)  compel production of relevant evidence in civil or criminal matters;
(4)  rule on disputes regarding civil discovery;
(5)  rule on admissibility of evidence;
(6)  issue summons for the appearance of witnesses;
(7)  examine witnesses;
(8)  swear witnesses for hearings;
(9)  make findings of fact on evidence;
(10)  formulate conclusions of law;
(11)  rule on a pretrial motion;
(12)  recommend the rulings, orders, or judgment to be made in a case;
(13)  regulate proceedings in a hearing;
(14)  accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses;
(15)  select a jury;
(16)  accept a negotiated plea on a probation revocation;
(17)  conduct a contested probation revocation hearing;
(18)  sign a dismissal in a misdemeanor case;
(19)  enter an order of dismissal or non-suit on agreement of the parties in a civil case;
(20)  in any case referred under Section 54.2205(a)(1), accept a negotiated plea of guilty or no contest and:
(A)  enter a finding of guilt and impose or suspend the sentence; or
(B)  defer adjudication of guilt;
(21)  conduct initial juvenile detention hearings if approved by the juvenile board of Collin County; and
(22)  perform any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
(b)  A magistrate may sign a motion to dismiss submitted by an attorney representing the state on cases referred to the magistrate, or on dockets called by the magistrate, and may consider unadjudicated cases at sentencing under Section 12.45, Penal Code.
(c)  Except as provided by Sections 54.2205(e) and (f), a magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2208. Forfeitures

Sec. 54.2208.  FORFEITURES.  Bail bonds and personal bonds may be forfeited by the magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with:
(1)  the district clerk if associated with a felony case;
(2)  the county clerk if associated with a Class A or Class B misdemeanor case; or
(3)  the same justice court clerk associated with the Class C misdemeanor case in which the bond was originally filed.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2209. Costs

Sec. 54.2209.  COSTS.  (a)  When the district clerk is the clerk under this subchapter, the district clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the district courts.
(b)  When the county clerk is the clerk under this subchapter, the county clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the county courts.
(c)  When a justice clerk is the clerk under this subchapter, the justice clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the justice courts.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2210. Clerk

Sec. 54.2210.  CLERK.  (a)  The district clerk serves as clerk of the magistrate court, except that:
(1)  after a Class A or Class B misdemeanor is filed in the county court at law and assigned to the magistrate court, the county clerk serves as clerk for that misdemeanor case; and
(2)  after a Class C misdemeanor is filed in a justice court and assigned to the magistrate court, the originating justice court clerk serves as clerk for that misdemeanor case.
(b)  The district clerk shall establish a docket and keep the minutes for the cases filed in or transferred to the magistrate court.  The district clerk shall perform any other duties that local administrative rules require in connection with the implementation of this subchapter.  The local administrative judge shall ensure that the duties required under this subsection are performed.  To facilitate the duties associated with serving as the clerk of the magistrate court, the district clerk and the deputies of the district clerk may serve as deputy justice clerks and deputy county clerks at the discretion of the district clerk.
(c)  The clerk of the case shall include as part of the record on appeal a copy of the order and local administrative rule under which a magistrate court acted.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2211. Court Reporter

Sec. 54.2211.  COURT REPORTER.  At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2212. Witness

Sec. 54.2212.  WITNESS.  (a)  A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law.
(b)  A referring court may issue attachment against and may fine or imprison a witness whose failure to appear after being summoned or whose refusal to answer questions has been certified to the court.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2213. Papers Transmitted to Judge

Sec. 54.2213.  PAPERS TRANSMITTED TO JUDGE.  At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2214. Costs of Magistrate

Sec. 54.2214.  COSTS OF MAGISTRATE.  The court shall determine if the nonprevailing party is able to defray the costs of the magistrate.  If the court determines the nonprevailing party is able to pay those costs, the court shall assess the magistrate's costs against the nonprevailing party.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2215. Judicial Action

Sec. 54.2215.  JUDICIAL ACTION.  (a)  A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate.
(b)  If the court does not modify, correct, reject, reverse, or recommit an action of the magistrate, the action becomes the decree of the court.
(c)  At the conclusion of each term during which the services of a magistrate are used, the referring court shall enter a decree on the minutes adopting the actions of the magistrate of which the court approves.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter MM. Magistrates in Collin County › Section 54.2216. Magistrate as Associate Judge

Sec. 54.2216.  MAGISTRATE AS ASSOCIATE JUDGE.  A magistrate appointed under this subchapter may act as a civil associate judge under Subchapter B, Chapter 54A.  To the extent of any conflict with this subchapter, a magistrate acting as an associate judge shall comply with provisions regarding the appointment, termination, referral of cases, powers, duties, and immunities of associate judges under Subchapter B, Chapter 54A.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.04, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2301. Authorization; Appointment; Elimination

Sec. 54.2301.  AUTHORIZATION; APPOINTMENT; ELIMINATION.  (a)  The Commissioners Court of Kerr County may authorize the judges of the district and statutory county courts in Kerr County to appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter.
(b)  The judges of the district and statutory county courts in Kerr County by a unanimous vote may appoint magistrates as authorized by the Commissioners Court of Kerr County.
(c)  An order appointing a magistrate must be signed by the local presiding judge of the district courts serving Kerr County, and the order must state:
(1)  the magistrate's name; and
(2)  the date the magistrate's employment is to begin.
(d)  An authorized magistrate's position may be eliminated on a majority vote of the Commissioners Court of Kerr County.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2302. Qualifications; Oath of Office

Sec. 54.2302.  QUALIFICATIONS; OATH OF OFFICE.  (a)  To be eligible for appointment as a magistrate, a person must:
(1)  be a citizen of the United States;
(2)  have resided in Kerr County for at least the two years preceding the person's appointment; and
(3)  be at least 30 years of age.
(b)  A magistrate appointed under Section 54.2301 must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2303. Compensation

Sec. 54.2303.  COMPENSATION.  (a)  A magistrate is entitled to the salary determined by the Commissioners Court of Kerr County.
(b)  A full-time magistrate's salary may not be less than that of a justice of the peace of Kerr County as established by the annual budget of Kerr County.
(c)  A part-time magistrate's salary is equal to the per-hour salary of a justice of the peace.  The per-hour salary is determined by dividing the annual salary by a 2,000 work-hour year.  The local administrative judge of the district courts serving Kerr County shall approve the number of hours for which a part-time magistrate is to be paid.
(d)  The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2304. Judicial Immunity

Sec. 54.2304.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2305. Termination of Employment

Sec. 54.2305.  TERMINATION OF EMPLOYMENT.  (a)  A magistrate may be terminated by a majority vote of all the judges of the district and statutory county courts of Kerr County.
(b)  To terminate a magistrate's employment, the local administrative judge of the district courts serving Kerr County must sign a written order of termination.  The order must state:
(1)  the magistrate's name; and
(2)  the final date of the magistrate's employment.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2306. Jurisdiction; Responsibility; Powers

Sec. 54.2306.  JURISDICTION; RESPONSIBILITY; POWERS.  (a)  The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a magistrate, as applicable.
(b)  To the extent authorized by this subchapter and the standing orders, a magistrate has jurisdiction to exercise the authority granted by the judges of the district or statutory county courts.
(c)  A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
(d)  A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(e)  A magistrate is authorized to:
(1)  set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2)  conduct examining trials;
(3)  determine whether a defendant is indigent and appoint counsel for an indigent defendant;
(4)  issue search and arrest warrants;
(5)  issue emergency protective orders;
(6)  order emergency mental commitments; and
(7)  conduct initial juvenile detention hearings if approved by the Kerr County Juvenile Board.
(f)  With the express authorization of a justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty.
(g)  A magistrate may:
(1)  issue notices of the setting of a case for a hearing;
(2)  conduct hearings;
(3)  compel production of evidence;
(4)  hear evidence;
(5)  issue summons for the appearance of witnesses;
(6)  swear witnesses for hearings;
(7)  regulate proceedings in a hearing; and
(8)  perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate's jurisdiction and authority.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter NN. Magistrates in Kerr County › Section 54.2307. Personnel, Equipment, and Office Space

Sec. 54.2307.  PERSONNEL, EQUIPMENT, AND OFFICE SPACE.  The Commissioners Court of Kerr County shall provide:
(1)  personnel for the legal or clerical functions necessary to perform the magistrate's duties authorized by this chapter; and
(2)  sufficient equipment and office space for the magistrate and personnel to perform the magistrate's essential functions.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.05, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2401. Authorization; Appointment; Elimination

Sec. 54.2401.  AUTHORIZATION; APPOINTMENT; ELIMINATION.  (a)  The Commissioners Court of Fort Bend County may authorize the judges of the district and statutory county courts in Fort Bend County to appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter.
(b)  The judges of the district and statutory county courts in Fort Bend County by a unanimous vote may appoint magistrates as authorized by the Commissioners Court of Fort Bend County.
(c)  An order appointing a magistrate must be signed by the local administrative judge and must state:
(1)  the magistrate's name; and
(2)  the date the magistrate's employment is to begin.
(d)  An authorized magistrate's position may be eliminated on a majority vote of the Commissioners Court of Fort Bend County.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2402. Qualifications; Oath of Office

Sec. 54.2402.  QUALIFICATIONS; OATH OF OFFICE.  (a)  To be eligible for appointment as a magistrate, a person must:
(1)  be a citizen of the United States;
(2)  have resided in Fort Bend County for at least the four years preceding the person's appointment; and
(3)  have been licensed to practice law in this state for at least four years.
(b)  A magistrate appointed under Section 54.2401 must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2403. Compensation

Sec. 54.2403.  COMPENSATION.  A magistrate is entitled to the compensation set by the Commissioners Court of Fort Bend County.  The compensation shall be paid from the general fund of the county.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2404. Judicial Immunity

Sec. 54.2404.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2406. Order of Referral

Sec. 54.2406.  ORDER OF REFERRAL.  (a)  To refer one or more cases to a magistrate, a judge or justice of the peace must issue an order of referral specifying the magistrate's duties.
(b)  An order of referral may:
(1)  limit the powers of the magistrate and direct the magistrate to report only on specific issues, perform particular acts, or receive and report on evidence only;
(2)  set the time and place for the hearing;
(3)  prescribe a closing date for the hearing;
(4)  provide a date for filing the magistrate's findings;
(5)  designate proceedings for more than one case over which the magistrate shall preside;
(6)  direct the magistrate to call the court's docket; and
(7)  set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2407. Powers

Sec. 54.2407.  POWERS.  (a)  Except as limited by an order of referral, a magistrate to whom a case is referred may:
(1)  conduct hearings;
(2)  hear evidence;
(3)  compel production of relevant evidence in civil or criminal matters;
(4)  rule on disputes regarding civil discovery;
(5)  rule on admissibility of evidence;
(6)  issue summons for the appearance of witnesses;
(7)  examine witnesses;
(8)  swear witnesses for hearings;
(9)  make findings of fact on evidence;
(10)  formulate conclusions of law;
(11)  rule on a pretrial motion;
(12)  recommend the rulings, orders, or judgment to be made in a case;
(13)  regulate proceedings in a hearing;
(14)  accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses;
(15)  select a jury;
(16)  accept a negotiated plea on a probation revocation;
(17)  conduct a contested probation revocation hearing;
(18)  sign a dismissal in a misdemeanor case;
(19)  enter an order of dismissal or nonsuit on agreement of the parties in a civil case;
(20)  in any case referred under Section 54.2405(a)(1), accept a negotiated plea of guilty or no contest and:
(A)  enter a finding of guilt and impose or suspend the sentence; or
(B)  defer adjudication of guilt;
(21)  conduct initial juvenile detention hearings if approved by the juvenile board of Fort Bend County; and
(22)  perform any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
(b)  A magistrate may sign a motion to dismiss submitted by an attorney representing the state on cases referred to the magistrate, or on dockets called by the magistrate, and may consider unadjudicated cases at sentencing under Section 12.45, Penal Code.
(c)  Except as provided by Sections 54.2405(e) and (f), a magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2408. Forfeitures

Sec. 54.2408.  FORFEITURES.  Bail bonds and personal bonds may be forfeited by the magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, and those forfeitures shall be filed with:
(1)  the district clerk if associated with a felony case;
(2)  the county clerk if associated with a Class A or Class B misdemeanor case; or
(3)  the same justice court clerk associated with the Class C misdemeanor case in which the bond was originally filed.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2409. Costs

Sec. 54.2409.  COSTS.  (a)  When the district clerk is the clerk under this subchapter, the district clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the district courts.
(b)  When the county clerk is the clerk under this subchapter, the county clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the county courts.
(c)  When a justice clerk is the clerk under this subchapter, the justice clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the justice courts.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2410. Clerk

Sec. 54.2410.  CLERK.  (a)  The district clerk serves as clerk of the magistrate court, except that:
(1)  after a Class A or Class B misdemeanor is filed in the county court at law and assigned to the magistrate court, the county clerk serves as clerk for that misdemeanor case; and
(2)  after a Class C misdemeanor is filed in a justice court and assigned to the magistrate court, the originating justice court clerk serves as clerk for that misdemeanor case.
(b)  The district clerk shall establish a docket and keep the minutes for the cases filed in or transferred to the magistrate court.  The district clerk shall perform any other duties that local administrative rules require in connection with the implementation of this subchapter.  The local administrative judge shall ensure that the duties required under this subsection are performed.  To facilitate the duties associated with serving as the clerk of the magistrate court, the district clerk and the deputies of the district clerk may serve as deputy justice clerks and deputy county clerks at the discretion of the district clerk.
(c)  The clerk of the case shall include as part of the record on appeal a copy of the order and local administrative rule under which a magistrate court acted.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2411. Court Reporter

Sec. 54.2411.  COURT REPORTER.  At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2412. Witness

Sec. 54.2412.  WITNESS.  (a)  A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law.
(b)  A referring court may issue attachment against and may fine or imprison a witness whose failure to appear after being summoned or whose refusal to answer questions has been certified to the court.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2413. Papers Transmitted to Judge

Sec. 54.2413.  PAPERS TRANSMITTED TO JUDGE.  At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2414. Costs of Magistrate

Sec. 54.2414.  COSTS OF MAGISTRATE.  The court shall determine if the nonprevailing party is able to defray the costs of the magistrate.  If the court determines the nonprevailing party is able to pay those costs, the court shall assess the magistrate's costs against the nonprevailing party.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter OO. Magistrates in Fort Bend County › Section 54.2415. Judicial Action

Sec. 54.2415.  JUDICIAL ACTION.  (a)  A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate.
(b)  If the court does not modify, correct, reject, reverse, or recommit an action of the magistrate, the action becomes the decree of the court.
(c)  At the conclusion of each term during which the services of a magistrate are used, the referring court shall enter a decree on the minutes adopting the actions of the magistrate of which the court approves.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.