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 H. Criminal Law Magistrates in Tarrant County › Section 54.658. Powers

Sec. 54.658.  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;
(4)  rule on admissibility of evidence;
(5)  issue summons for the appearance of witnesses;
(6)  examine witnesses;
(7)  swear witnesses for hearings;
(8)  make findings of fact on evidence;
(9)  formulate conclusions of law;
(10)  rule on a pretrial motion;
(11)  recommend the rulings, orders, or judgment to be made in a case;
(12)  regulate proceedings in a hearing;
(13)  accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses;
(14)  select a jury;
(15)  accept a negotiated plea on a probation revocation;
(16)  conduct a contested probation revocation hearing;
(17)  sign a dismissal in a misdemeanor case;
(18)  in any case referred under Section 54.656(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; and
(19)  do 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)  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 does not have authority under Article 18.01(c), Code of Criminal Procedure, to issue a subsequent search warrant under Article 18.02(a)(10), Code of Criminal Procedure.
Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 910, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 66 (S.B. 483), Sec. 2, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 1045 (H.B. 1904), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.001, 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 H. Criminal Law Magistrates in Tarrant County › Section 54.6585. Clerk

Sec. 54.6585.  CLERK.  (a)  The district clerk serves as clerk of the cases referred to a magistrate under this subchapter, except:
(1)  the county clerk serves as clerk for a Class A or Class B misdemeanor case filed in a county criminal court and referred to a magistrate; and
(2)  the originating justice court clerk serves as clerk for a Class C misdemeanor case filed in a justice court and referred to a magistrate.
(b)  The district clerk shall establish a docket and keep the minutes for the cases referred to a magistrate under this subchapter.  To facilitate the duties associated with serving as the clerk for the cases referred to a magistrate, the district clerk and deputy district clerks may serve as deputy county clerks and deputy justice clerks at the discretion of the district clerk.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.009, 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 H. Criminal Law Magistrates in Tarrant County › Section 54.659. Court Reporter

Sec. 54.659.  COURT REPORTER.  At the request of a party in a felony case, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter H. Criminal Law Magistrates in Tarrant County › Section 54.660. Witness

Sec. 54.660.  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 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter H. Criminal Law Magistrates in Tarrant County › Section 54.661. Papers Transmitted to Judge

Sec. 54.661.  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 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter H. Criminal Law Magistrates in Tarrant County › Section 54.662. Judicial Action

Sec. 54.662.  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 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.731. Short Title

Sec. 54.731.  SHORT TITLE.  This subchapter may be cited as the El Paso Criminal Law Magistrates Act.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.732. Creation

Sec. 54.732.  CREATION.  The El Paso Criminal Law Magistrate Court is a court having the jurisdiction provided by this subchapter over offenses allegedly committed in El Paso County.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(a), 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 J. El Paso Criminal Law Magistrate Court › Section 54.734. Term of Court

Sec. 54.734.  TERM OF COURT.  The criminal law magistrate court has two terms of court beginning on the first Mondays in January and July.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.735. Powers and Duties

Sec. 54.735.  POWERS AND DUTIES.  (a)  The criminal law magistrate court or a judge of the criminal law magistrate court may issue writs of injunction and all other writs necessary for the enforcement of the jurisdiction of the court and may issue misdemeanor writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court or of any other court of inferior jurisdiction in the county.  The court and the judge may punish for contempt as provided by law for district courts.  A judge of the criminal law magistrate court has all other powers, duties, immunities, and privileges provided by law for:
(1)  justices of the peace when acting in a Class C misdemeanor case;
(2)  county court judges when acting in a Class A or Class B misdemeanor case; and
(3)  district court judges when acting in a felony case.
(b)  A judge of the criminal law magistrate court may hold an indigency hearing and a capias pro fine hearing.  When acting as the judge who issued the capias pro fine, a judge of the criminal law magistrate court may make all findings of fact and conclusions of law required of the judge who issued the capias pro fine.  In conducting a hearing under this subsection, the judge of the criminal law magistrate court is empowered to make all findings of fact and conclusions of law and to issue all orders necessary to properly dispose of the capias pro fine or indigency hearing in accordance with the provisions of the Code of Criminal Procedure applicable to a misdemeanor or felony case of the same type and level.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(c), 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 J. El Paso Criminal Law Magistrate Court › Section 54.736. Council of Judges

Sec. 54.736.  COUNCIL OF JUDGES.  (a)  The El Paso Council of Judges is composed of the judges of the district courts of El Paso County and the judges of the county courts at law of El Paso County.
(b)  The council of judges shall ensure that the criminal law magistrate court gives preference to magistrate duties, as those duties apply to the county jail inmate population first and then to newly detained individuals, until the commissioners court provides funds for more than one judge to sit on the criminal law magistrate court.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(d), 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 J. El Paso Criminal Law Magistrate Court › Section 54.737. Administrative Rules

Sec. 54.737.  ADMINISTRATIVE RULES.  (a)  The El Paso Council of Judges by majority vote shall include in the local rules of administration adopted as provided by Subchapter D, Chapter 74, rules for the administration of the criminal law magistrate court.
(b)  The rules may provide for:
(1)  assignment and hearing of all criminal cases subject to the jurisdictional limitations of the criminal law magistrate court;
(2)  designation of a particular judge of the criminal law magistrate court to be responsible for certain matters;
(3)  fair and equitable division of caseloads of criminal cases of the judges of the council of judges and the criminal law magistrate court;
(4)  limitations on the assignment of cases to the criminal law magistrate court;
(5)  limitations on the powers of a judge of the criminal law magistrate court in regard to the exercise of jurisdiction when presiding for an assigning court;
(6)  setting hours, days, and places for holding court by a judge of the criminal law magistrate court; and
(7)  any other matter necessary to carry out this subchapter or to improve the administration and management of the court system and its auxiliary services.
(c)  The rules must provide that a criminal law magistrate judge may only release a defendant under Article 17.031, Code of Criminal Procedure, under guidelines established by the council of judges.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(e), 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 J. El Paso Criminal Law Magistrate Court › Section 54.738. Transfer and Assignment of Cases

Sec. 54.738.  TRANSFER AND ASSIGNMENT OF CASES.  (a)  Except as provided by Subsection (b) or local administrative rules, the local administrative judge or a judge of the criminal law magistrate court may transfer between courts a case that is pending in the court of any magistrate in the criminal law magistrate court's jurisdiction if the case is:
(1)  an unindicted felony case;
(2)  a Class A or Class B misdemeanor case if an information has not been filed; or
(3)  a Class C misdemeanor case.
(b)  A case may not be transferred from or to the magistrate docket of a judge on the El Paso Council of Judges without the consent of the judge of the court to which it is transferred.
(c)  Except as provided by Subsection (d) or local administrative rules, the local administrative judge may assign a judge on the council of judges, a judge of the criminal law magistrate court, a retired judge, or any other magistrate to act as presiding judge in a case that is pending in the court of any magistrate in the criminal law magistrate court's jurisdiction if the case is:
(1)  an unindicted felony case;
(2)  a Class A or Class B misdemeanor case if an information has not been filed; or
(3)  a Class C misdemeanor case.
(d)  A case may not be assigned to a judge on the council of judges without the assigned judge's consent.
(e)  This section applies only to the district courts, county courts at law, justice courts, and municipal courts in the county.
(f)  The local administrative judge may delegate or the local administrative rules may provide for the delegation of the power to transfer or assign cases to any other judge on the council of judges.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(f), 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 J. El Paso Criminal Law Magistrate Court › Section 54.739. Order of Assignment

Sec. 54.739.  ORDER OF ASSIGNMENT.  (a)  Cases may be assigned by local administrative rules, by a blanket written order, or on a case-by-case basis.  Each district court and county court at law may use any of the methods to assign cases to the criminal law magistrate court.
(b)  The local administrative rules, a blanket order of assignment, or a specific order of assignment may limit the powers of a criminal law magistrate court or a judge of that court.
(c)  Unless limited as provided by Subsection (b), the criminal law magistrate court and a judge of that court may perform all acts and take all measures necessary and proper to exercise the jurisdiction granted in this subchapter in relation to a case assigned under this subchapter.
(d)  A case assigned under this subchapter to the criminal law magistrate court from a district court, a county court at law, or a justice court remains on the docket of the assigning court and in the assigning court's jurisdiction.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(g), 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 J. El Paso Criminal Law Magistrate Court › Section 54.740. Effect of Transfer

Sec. 54.740.  EFFECT OF TRANSFER.  When a case is transferred from one court to another as provided by this subchapter, all processes, writs, bonds, recognizances, or other obligations issued from the transferring court are returnable to the court to which the case is transferred as if originally issued by that court.  The obligees in all bonds and recognizances taken in a case that is transferred and all witnesses summoned to appear in a court from which a case is transferred are required to appear before the court to which the case is transferred as if the processes or obligations were originally issued by the court to which the transfer is made.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.741. Forfeitures

Sec. 54.741.  FORFEITURES.  Bail bonds and personal bonds may be forfeited by the criminal law 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 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(h), 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 J. El Paso Criminal Law Magistrate Court › Section 54.742. Costs

Sec. 54.742.  COSTS.  (a)  When the district clerk is the clerk under this subchapter, the district clerk shall charge the same court costs for cases filed, transferred to, or assigned to the criminal law 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 criminal law 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 criminal law magistrate court that are charged in the justice courts.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(i), 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 J. El Paso Criminal Law Magistrate Court › Section 54.743. Objection to Judge

Sec. 54.743.  OBJECTION TO JUDGE.  (a)  If after indictment, the defendant or the state files a timely objection to the assignment of a first-degree felony to the criminal law magistrate court, the judge is disqualified to hear the case.
(b)  If after indictment the defendant or the state files a timely objection to a particular judge on the criminal law magistrate court hearing a first-degree felony assigned to that court, that judge is disqualified to hear the case.
(c)  An objection under this section must be filed before the first hearing or trial, including pretrial hearings, in which the assigned judge is to preside.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.744. Judges on El Paso Council of Judges

Sec. 54.744.  JUDGES ON EL PASO COUNCIL OF JUDGES.  Unless the local rules of administration provide otherwise, the judges on the El Paso Council of Judges and the judges on the criminal law magistrate court may sit and act for any magistrate in El Paso County on any unindicted felony or Class A or B misdemeanor case if an information has not been filed or any Class C misdemeanor case filed in a justice court.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(j), 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 J. El Paso Criminal Law Magistrate Court › Section 54.745. Pretrial Diversion

Sec. 54.745.  PRETRIAL DIVERSION.  (a)  As a condition for a defendant to enter any pretrial diversion program, including a behavioral modification program, a health care program, a specialty court program, or the functional equivalent that may be operated in El Paso County by El Paso County, Emergence Health Network, the City of El Paso, the West Texas Regional Adult Probation Department, a community partner approved by the council of judges, or a county or district attorney of El Paso County, a defendant must file in the court in which the charges are pending a sworn waiver of speedy trial motion requesting the court to approve without a hearing defendant's waiver of his speedy trial rights under the constitution and other law.  If the court approves the waiver, the defendant is eligible for consideration for acceptance into a pretrial diversion program or equivalent program.
(b)  Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346), Sec. 4.40(9), eff. January 1, 2020.
(c)  Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346), Sec. 4.40(9), eff. January 1, 2020.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(k), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(9), eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.746. Jurisdiction of Judges on El Paso Council of Judges

Sec. 54.746.  JURISDICTION OF JUDGES ON EL PASO COUNCIL OF JUDGES.  (a)  In addition to jurisdiction conferred by other law, each district court and county court at law in El Paso County has the same jurisdiction given to the criminal law magistrate court by this subchapter.
(b)  A misdemeanor information may not be filed in a district court under the grant of jurisdiction in Subsection (a).
(c)  A felony indictment or information may not be filed in a county court at law under the grant of jurisdiction in Subsection (a).
(d)  A judge of a county court at law in El Paso County shall exercise jurisdiction granted by Subsection (a) over felony indictments and felony informations and justice court cases only as a judge presiding for the court in which the felony or Class C misdemeanor is pending and only if the El Paso Council of Judges has so provided in the local administrative rules by a unanimous vote.  The exercise of this jurisdiction outside El Paso County is as provided by Chapter 74 and other law.
(e)  A judge of a district court in El Paso County shall exercise jurisdiction granted by Subsection (a) over misdemeanor information and justice court cases only as a judge presiding for the court in which the misdemeanor is pending and only if the council of judges has so provided in the local administrative rules by a unanimous vote.  The exercise of this jurisdiction outside El Paso County is as provided by the Court Administration Act (Chapter 74) and other law.
(f)  This subchapter does not grant jurisdiction over misdemeanors involving official misconduct to any court, and all those cases remain in the original jurisdiction of the district courts as provided by law.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(l), 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 J. El Paso Criminal Law Magistrate Court › Section 54.747. Judge

Sec. 54.747.  JUDGE.  (a)  The criminal law magistrate court is presided over by one or more judges appointed by a two-thirds vote of all the district court and county court at law judges.  A criminal law magistrate court judge serves for a one-year term beginning on the date of appointment.
(b)  To be eligible for appointment as a judge of the criminal law magistrate court, a person must meet all the requirements and qualifications to serve as a district court judge.
(c)  If there is more than one criminal law magistrate court judge, the council of judges may appoint one of the judges to be the presiding criminal law magistrate court judge.
(d)  The order appointing a judge of the criminal law magistrate court must be signed by two-thirds of the judges on the El Paso Council of Judges and shall be entered in the minutes of each district court and county court at law.  The order must state the judge's name, state bar identification number, and the date the appointment takes effect.
(e)  The council of judges may withdraw a judge's appointment to the criminal law magistrate court by a majority vote of all the judges on the council of judges.  The order must be signed by the local administrative judge and shall be entered in the minutes of each district court and county court at law.  The order must state the judge's name, state bar identification number, and the date the order of withdrawal takes effect.
(f)  Any judge on the council of judges may withdraw that judge's consent for a judge or judges of the criminal law magistrate court to act for that judge under this subchapter.  The order withdrawing consent to act must state the name of the judge who may not act, the judge's state bar identification number, and the date the withdrawal of consent takes effect.
(g)  A judge of the criminal law magistrate court is entitled to the salary determined by the commissioners court.  The salary may not be less than the salary authorized to be paid to a family law master appointed for El Paso County.
(h)  Except as provided for in Subsection (i), the council of judges may only appoint the number of judges for which the commissioners court by order provides compensation in the county budget.
(i)  The council of judges may appoint any number of judges who agree to serve on the criminal law magistrate court as part-time or as full-time judges without compensation.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.748. Oath of Office

Sec. 54.748.  OATH OF OFFICE.  The judges of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.749. Judicial Immunity

Sec. 54.749.  JUDICIAL IMMUNITY.  The judges of the criminal law magistrate court and the judges of the county courts at law have the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.750. Exchange of Benches

Sec. 54.750.  EXCHANGE OF BENCHES.  (a)  The judges of the criminal law magistrate court may exchange benches and may sit and act for each other in any proceeding pending in the criminal law magistrate court.
(b)  Except as provided by Subsection (c), the judges of the criminal law magistrate court may exchange benches and may sit and act for each other in any proceeding assigned to them under this subchapter if a felony or misdemeanor indictment has been filed or a felony or misdemeanor information has been filed.
(c)  Any court that assigns an indicted case or a case in which an information has been filed under this subchapter to the criminal law magistrate court may provide in the assignment order or the local administrative rules may provide that only the judge who is named in the assignment order may act on the case and that another judge of the criminal law magistrate court may not exchange benches with or sit for the judge named in the assignment order or local administrative rules.
(d)  When conducting a capias pro fine hearing for any court, the criminal law magistrate court acts in the same capacity and with the same authority as the judge who issued the capias pro fine.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(m), 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 J. El Paso Criminal Law Magistrate Court › Section 54.751. Special Judge

Sec. 54.751.  SPECIAL JUDGE.  (a)  If a full-time compensated judge of the criminal law magistrate court is absent or is from any cause disabled or disqualified from presiding, a special judge may be appointed in the manner provided by this subchapter for the appointment of a judge of the criminal law magistrate court.
(b)  A special judge shall take the oath of office that is required by law for the regular judge and has all the power and jurisdiction of the court and of the regular judge for whom he is sitting.  A special judge may sign orders, judgments, decrees, or other process of any kind as "Judge Presiding" when acting for the regular judge.
(c)  A special judge is entitled to receive for the services actually performed the same amount of compensation that the regular judge is entitled to receive for the services.  The compensation shall be paid out of county funds.  None of the amount paid to a special judge for sitting for the regular judge may be deducted or paid out of the salary of the regular judge.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.753. Clerk

Sec. 54.753.  CLERK.  (a)  The district clerk serves as clerk of the criminal law magistrate court, except that:
(1)  after a Class A or Class B misdemeanor information is filed in the county court at law and assigned to the criminal law 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 criminal law 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 criminal law 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 criminal law 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 criminal law magistrate court acted.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(n), 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 J. El Paso Criminal Law Magistrate Court › Section 54.754. Sheriff

Sec. 54.754.  SHERIFF.  (a)  The county sheriff, either in person or by deputy, shall attend the criminal law magistrate court as required by a judge of that court.
(b)  Unless the local administrative rules provide otherwise, the county sheriff, either in person or by deputy, shall attend court proceedings heard by El Paso family law masters as required by a family law master.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.755. Court Reporter

Sec. 54.755.  COURT REPORTER.  Each judge of the criminal law magistrate court shall appoint an official shorthand reporter to serve that judge.  Those official shorthand reporters must be well skilled in their profession.  Such a reporter is a sworn officer of the court who holds office at the pleasure of the court.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.756. Family Law Master

Sec. 54.756.  FAMILY LAW MASTER.  (a)  An El Paso family law master may be appointed as a judge of the criminal law magistrate court and continue as a family law master.
(b)  A family law master may not be appointed as a judge of the criminal law magistrate court unless the family law master agrees to the appointment.
(c)  A family law master appointed to serve as a judge of the criminal law magistrate court is not entitled to receive additional compensation for serving as a judge of that court unless the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.757. Judge of Criminal Law Magistrate Court

Sec. 54.757.  JUDGE OF CRIMINAL LAW MAGISTRATE COURT.  (a)  A judge of the criminal law magistrate court may be appointed as a family law master and continue as a judge of the criminal law magistrate court.
(b)  A judge of the criminal law magistrate court may not be appointed as a family law master unless the judge agrees to the appointment.
(c)  A judge of the criminal law magistrate court appointed to serve as a family law master is not entitled to receive additional compensation for serving as a family law master unless the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.758. Magistrates May Be Appointed

Sec. 54.758.  MAGISTRATES MAY BE APPOINTED.  (a)  Any magistrate in El Paso County may be appointed as a judge of the criminal law magistrate court or as a family law master, or both, and continue as a judge or justice of another court.
(b)  A magistrate may not be appointed under Subsection (a) unless the magistrate agrees to the appointment.
(c)  A magistrate appointed under Subsection (a) is not entitled to receive additional compensation unless the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.759. Location of Court

Sec. 54.759.  LOCATION OF COURT.  (a)  The criminal law magistrate court may be held at one or more locations provided by the local administrative rules or ordered by the local administrative judge.
(b)  A defendant may be brought before the court in person or by means of an electronic broadcast system through which an image of the defendant is presented to the court.  For purposes of this subsection, "electronic broadcast system" means a two-way electronic communication of image and sound between the defendant and the court.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1182 (S.B. 1139), Sec. 6.01(o), 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 J. El Paso Criminal Law Magistrate Court › Section 54.760. Court Seal

Sec. 54.760.  COURT SEAL.  The seal of the criminal law magistrate court shall be the same as that provided by law for county courts, except that the seal must contain the words "El Paso Criminal Law Magistrate Court." The seal shall be judicially noticed.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.761. Inactive Court

Sec. 54.761.  INACTIVE COURT.  (a)  If in the opinion of a majority of the judges of the El Paso Council of Judges the criminal law magistrate court should not continue in active operation after it is created, then by an order or orders signed by the local administrative judge all pending cases on the active docket of the criminal law magistrate court shall be transferred to the court or courts of other magistrates that have potential jurisdiction over the cases transferred.
(b)  The local administrative judge shall select the courts to which the cases are transferred under Subsection (a).
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.762. Jurisdiction Not Diminished

Sec. 54.762.  JURISDICTION NOT DIMINISHED.  This subchapter does not diminish the jurisdiction granted by the constitution and laws of this state to any court named in this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter J. El Paso Criminal Law Magistrate Court › Section 54.763. Transfer Under Code of Criminal Procedure

Sec. 54.763.  TRANSFER UNDER CODE OF CRIMINAL PROCEDURE.  This subchapter does not prevent a district court from transferring misdemeanor indictments to an inferior court as provided by Chapter 21, Code of Criminal Procedure, notwithstanding the grant of misdemeanor jurisdiction to the district courts by this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.32(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.801. Appointment

Sec. 54.801.  APPOINTMENT.  (a)  A majority of the judges of the courts that are designated as juvenile courts in Harris County may determine that one or more full-time or part-time masters are needed to serve those courts.
(b)  The judges shall issue an order reflecting that determination and specifying the number of masters needed.
(c)  Subject to the determination of need and the approval of the commissioners court of Harris County, each judge may appoint one or more masters to serve the judge's court.
(d)  Judges may act together to appoint a master to serve their courts.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.802. Qualifications

Sec. 54.802.  QUALIFICATIONS.  A master must:
(1)  be a citizen and resident of this state; and
(2)  have been licensed to practice law in this state for at least four years.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.803. Order of Appointment

Sec. 54.803.  ORDER OF APPOINTMENT.  The order appointing a master must be entered in the minutes of each court making the order and state:
(1)  the master's name and state bar identification number;
(2)  the name of each court the master will serve; and
(3)  the date the master's service is to begin.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.804. Compensation

Sec. 54.804.  COMPENSATION.  The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.805. Judicial Immunity

Sec. 54.805.  JUDICIAL IMMUNITY.  A master appointed under this subchapter has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.806. Termination of Employment

Sec. 54.806.  TERMINATION OF EMPLOYMENT.  (a)  A master who serves a single court serves at the will of the judge of that court.
(b)  The employment of a master who serves two courts may be terminated by either of the judges of those courts.
(c)  The employment of a master who serves more than two courts may be terminated by a majority of the judges of those courts.
(d)  To terminate a master's employment, the appropriate judges must sign a written order of termination.  The order must state:
(1)  the master's name and state bar identification number;
(2)  each court ordering termination; and
(3)  the date the master's employment ends.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.807. Withdrawal of Appointment for a Particular Court

Sec. 54.807.  WITHDRAWAL OF APPOINTMENT FOR A PARTICULAR COURT.  The judge of a court for which a master has been appointed may withdraw the master's appointment to that court by written order.  The order must state:
(1)  the master's name and state bar identification number;
(2)  the name of the court ordering the withdrawal; and
(3)  the date the master's services end as to that court.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.808. Cases That May Be Referred

Sec. 54.808.  CASES THAT MAY BE REFERRED.  A judge may refer to a master any civil case or portion of a civil case brought:
(1)  under Title 1, 2, 3, 4, or 5, Family Code;  or
(2)  in connection with Rule 308a, Texas Rules of Civil Procedure.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.35, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.809. Method of Referral

Sec. 54.809.  METHOD OF REFERRAL.  A case may be referred as prescribed by published local rules or by written orders.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.810. Powers

Sec. 54.810.  POWERS.  (a)  An order of referral may limit the use or power of a master.
(b)  Unless limited by published local rule, by written order, or by an order of referral, a master may perform all acts and take all measures necessary and proper to perform the tasks assigned in a referral.
(c)  A master may administer oaths.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter K. Juvenile Court Masters in Harris County › Section 54.811. Effect on Temporary Restraining Order

Sec. 54.811.  EFFECT ON TEMPORARY RESTRAINING ORDER.  (a)  The referral of a case or a portion of a case to a master does not affect a party's right to have a court grant or extend a temporary restraining order and does not prevent the expiration of a temporary restraining order.
(b)  Until a judge signs an order concerning the findings and recommendations of a master, the findings and recommendations do not affect an existing temporary restraining order or the expiration or extension of that order.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 8.33(a), eff. Aug. 28, 1989.