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 OO. Magistrates in Fort Bend County › Section 54.2416. Magistrate as Associate Judge

Sec. 54.2416.  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. 5.06, 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 PP. Brazoria County Criminal Law Magistrate Court › Section 54.2501. Creation

Sec. 54.2501.  CREATION.  The Brazoria County Criminal Law Magistrate Court is a court with the jurisdiction provided by this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2502. Appointment

Sec. 54.2502.  APPOINTMENT.  (a) On recommendation from the local administrative judge, the commissioners court of Brazoria County may appoint one or more full- or part-time judges to preside over the criminal law magistrate court for the term determined by the commissioners court.  The local administrative judge shall appoint one or more full- or part-time judges to preside over the criminal law magistrate court if the commissioners court is prohibited by law from appointing a judge.
(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)  A judge of the criminal law magistrate court is entitled to the salary set by the commissioners court.  The salary may not be less than the annual base salary paid to a district judge under Section 659.012(a)(1) and must include compensation for services performed on behalf of Brazoria County.
(d)  A judge appointed under this section serves at the pleasure of the commissioners court or the local administrative judge, as applicable.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.004, 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 PP. Brazoria County Criminal Law Magistrate Court › Section 54.2503. Jurisdiction

Sec. 54.2503.  JURISDICTION.  (a) Except as provided by this subsection, the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of this state for county courts at law.  The criminal law magistrate court does not have jurisdiction to:
(1)  hear a trial of a misdemeanor offense, other than a Class C misdemeanor, on the merits if a jury trial is demanded; or
(2)  hear a trial of a misdemeanor, other than a Class C misdemeanor, on the merits if a defendant pleads not guilty.
Text of subsection effective until January 01, 2025
(b)  The criminal law magistrate court has the jurisdiction provided by the constitution and laws of this state for magistrates. A judge of the criminal law magistrate court is a magistrate as that term is defined by Article 2.09, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
(b)  The criminal law magistrate court has the jurisdiction provided by the constitution and laws of this state for magistrates.  A judge of the criminal law magistrate court is a magistrate as defined by Article 2A.151, Code of Criminal Procedure.
(c)  Except as provided by this subsection, the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of this state for a district court.  The criminal law magistrate court does not have jurisdiction to:
(1)  hear a trial of a felony offense on the merits if a jury trial is demanded;
(2)  hear a trial of a felony offense on the merits if a defendant pleads not guilty;
(3)  sentence in a felony case unless the judge in whose court the case is pending assigned the case to the criminal law magistrate court for a guilty plea and sentence; or
(4)  hear any part of a capital murder case after indictment.
(d)  A criminal law magistrate court may not issue writs of habeas corpus in felony cases but may hear and grant relief on a writ of habeas corpus issued by a district court and assigned by the district court to the criminal law magistrate court.
(e)  A felony or misdemeanor indictment or information may not be filed in or transferred to the criminal law magistrate court.
(f)  A judge of the criminal law magistrate court shall exercise jurisdiction granted by this subchapter over felony and misdemeanor indictments and informations only as judge presiding for the court in which the indictment or information is pending and under the limitations set out in the assignment order by the assigning court or as provided by local administrative rules.
(g)  The criminal law magistrate court has concurrent criminal jurisdiction with the justice courts located in Brazoria County.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.068, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2504. Powers and Duties

Sec. 54.2504.  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 at law 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.
(c)  A judge of the magistrate court may accept a plea of guilty or nolo contendere from a defendant charged with a misdemeanor or felony offense.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2505. Transfer and Assignment of Cases

Sec. 54.2505.  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 district court judge, county court at law judge, or justice of the peace 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 of the criminal law magistrate court 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 district court judge, county court at law judge, or justice of the peace without the assigned judge's consent.
(e)  This section applies only to the district courts, county courts at law, and justice courts in the county.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2506. Proceeding That May Be Referred

Sec. 54.2506.  PROCEEDING THAT MAY BE REFERRED.  A district judge, county court at law judge, or justice of the peace may refer to a judge of the criminal law magistrate court any criminal case or matter relating to a criminal case for any proceeding other than presiding over a criminal trial on the merits, whether or not the trial is before a jury.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2507. Oath of Office

Sec. 54.2507.  OATH OF OFFICE.  A judge of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2508. Judicial Immunity

Sec. 54.2508.  JUDICIAL IMMUNITY.  A judge of the criminal law magistrate court has the same judicial immunity as a district judge.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2509. Clerk

Sec. 54.2509.  CLERK.  The clerk of a district court or county court at law that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2510. Sheriff

Sec. 54.2510.  SHERIFF.  The county sheriff, either in person or by deputy, shall attend the criminal law magistrate court as required by the judge of that court.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter PP. Brazoria County Criminal Law Magistrate Court › Section 54.2511. Witnesses

Sec. 54.2511.  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 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2601. Appointment

Sec. 54.2601.  APPOINTMENT.  (a)  The judges of the district courts of Tom Green County, with the consent and approval of the commissioners court of Tom Green County, shall jointly appoint the number of magistrates set by the commissioners court to perform the duties authorized by this subchapter.
(b)  Each magistrate's appointment must be made with the approval of at least two-thirds of all the judges described in Subsection (a).
(c)  If the number of magistrates is less than the number of district judges, each magistrate shall serve equally in the courts of those judges.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2602. Qualifications

Sec. 54.2602.  QUALIFICATIONS.  To be eligible for appointment as a magistrate, a person must:
(1)  be a resident of this state; and
(2)  have been licensed to practice law in this state for at least four years.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2603. Compensation

Sec. 54.2603.  COMPENSATION.  (a)  A full-time magistrate is entitled to the salary determined by the commissioners court of Tom Green County.  The salary may not be less than an amount equal to the salary, supplements, and allowances paid to a justice of the peace of Tom Green County as set by the annual budget of Tom Green County.
(b)  A magistrate's salary is paid from the county fund available for payment of officers' salaries.
(c)  The salary of a part-time magistrate is equal to the per-hour salary of a full-time magistrate.  The per-hour salary is determined by dividing the annual salary by a 2,080 work-hour year.  The judges of the courts trying criminal cases in Tom Green County shall approve the number of hours for which a part-time magistrate is to be paid.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2604. Judicial Immunity

Sec. 54.2604.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2605. Termination of Services

Sec. 54.2605.  TERMINATION OF SERVICES.  (a)  A magistrate who serves a single court serves at the will of the judge.
(b)  The services of a magistrate who serves more than one court may be terminated by a majority vote of all the judges whom the magistrate serves.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2607. Order of Referral

Sec. 54.2607.  ORDER OF REFERRAL.  (a)  To refer one or more cases to a magistrate, a judge 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 only receive and report on evidence;
(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)  provide the general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2608. Powers

Sec. 54.2608.  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 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 guilty and impose or suspend the sentence; or
(B)  defer adjudication of guilty; and
(19)  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 adjudicated cases at sentencing under Section 12.45, Penal Code.
(c)  A magistrate has all the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2609. Court Reporter

Sec. 54.2609.  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 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2610. Witness

Sec. 54.2610.  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 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2611. Papers Transmitted to Judge

Sec. 54.2611.  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 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2612. Judicial Action

Sec. 54.2612.  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 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2613. Magistrate

Sec. 54.2613.  MAGISTRATE.  (a) If a magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another magistrate to serve for the absent magistrate.
(b)  A magistrate serving for another magistrate under this section has the powers and shall perform the duties of the magistrate for whom the magistrate is serving.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter QQ. Criminal Law Magistrates in Tom Green County › Section 54.2614. Clerk

Sec. 54.2614.  CLERK.  The clerk of a district court that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter RR. Grayson County Criminal Magistrates › Section 54.2701. Authorization; Appointment; Elimination

Sec. 54.2701.  AUTHORIZATION;  APPOINTMENT;  ELIMINATION.  (a)  The Commissioners Court of Grayson County may authorize the judges of the district and statutory county courts in Grayson 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 Grayson County by a unanimous vote may appoint magistrates as authorized by the Commissioners Court of Grayson County.
(c)  An order appointing a magistrate must be signed by the local presiding judge of the district courts serving Grayson 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 Grayson County.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 RR. Grayson County Criminal Magistrates › Section 54.2702. Qualifications; Oath of Office

Sec. 54.2702.  QUALIFICATIONS;  OATH OF OFFICE.  (a)  To be eligible for appointment as a magistrate, a person must be a resident of this state and:
(1)  have served as a justice of the peace or municipal court judge for at least four years before the date of appointment; or
(2)  have been licensed to practice law in this state for at least four years before the date of appointment.
(b)  A magistrate appointed under Section 54.2701 must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 RR. Grayson County Criminal Magistrates › Section 54.2703. Compensation

Sec. 54.2703.  COMPENSATION.  A magistrate is entitled to the salary determined by the Commissioners Court of Grayson County.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 RR. Grayson County Criminal Magistrates › Section 54.2704. Jurisdiction

Sec. 54.2704.  JURISDICTION.  A magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Grayson County.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 RR. Grayson County Criminal Magistrates › Section 54.2705. Powers and Duties

Sec. 54.2705.  POWERS AND DUTIES.  (a)  The Commissioners Court of Grayson County shall establish the powers and duties of a magistrate appointed under this subchapter.  Except as otherwise provided by the commissioners court, a magistrate has the powers of a magistrate under the Code of Criminal Procedure and other laws of this state and may administer an oath for any purpose.
(b)  A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(c)  The commissioners court may designate one or more magistrates to hold regular hearings to:
(1)  give admonishments;
(2)  set and review bail and conditions of release;
(3)  appoint legal counsel; and
(4)  determine other routine matters relating to preindictment or pending cases within those courts' jurisdiction.
(d)  In the hearings described by Subsection (c), a magistrate shall give preference to the case of an individual held in county jail.
(e)  A magistrate may inquire into a defendant's intended plea to the charge and set the case for an appropriate hearing before a judge or master.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 RR. Grayson County Criminal Magistrates › Section 54.2706. Judicial Immunity

Sec. 54.2706.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 RR. Grayson County Criminal Magistrates › Section 54.2707. Witnesses

Sec. 54.2707.  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 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2801. Creation

Sec. 54.2801.  CREATION.  The Denton County Criminal Law Magistrate Court is a court with the jurisdiction provided by this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2802. Appointment; Oversight

Sec. 54.2802.  APPOINTMENT; OVERSIGHT.  (a)  The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County shall appoint one or more judges to preside over the criminal law magistrate court.  An appointed judge must:
(1)  serve Denton County as a district court judge, a criminal statutory county court judge, an associate judge of a court with criminal jurisdiction, a magistrate, including a jail magistrate, a judge of a municipal court of record, or a justice of the peace;
(2)  be a licensed attorney in good standing with the State Bar of Texas;
(3)  be authorized to access criminal history records under state and federal law;
(4)  have completed training necessary to serve as a magistrate in Denton County, as determined by the district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County; and
(5)  meet the qualifications under Section 54.2807.
(b)  The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County shall:
(1)  designate to oversee the criminal law magistrate court either:
(A)  one district court judge and one criminal statutory county court judge; or
(B)  a criminal law magistrate court associate judge appointed under Section 54.2805; and
(2)  supervise the magistrate court to ensure the magistrates appointed give preference to duties under Chapters 14, 15, 16, 17, and 18, Code of Criminal Procedure.
(c)  The magistrates of the criminal law magistrate court shall comply with the standing orders and directives regarding criminal cases of the district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County, including a presiding criminal judge of Denton County.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2803. Jurisdiction

Sec. 54.2803.  JURISDICTION.  (a)  Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided for magistrates by the constitution and laws of this state in all criminal cases:
(1)  alleging an offense other than an offense punishable only as a Class C misdemeanor;
(2)  for which a magistrate or judge has determined there is probable cause to believe the defendant committed the crime alleged;
(3)  in which the defendant has been released or is confined in the Denton County jail; and
(4)  in which either:
(A)  the defendant has not yet been charged by information or indictment; or
(B)  the judge presiding over the case has specifically authorized the criminal law magistrate to take certain actions.
(b)  The criminal law magistrate court and the criminal law magistrate court associate judge do not have jurisdiction to:
(1)  hear a trial on the merits of an offense, except as provided by Section 54.2811(c); or
(2)  take any action not specifically authorized by an order of referral from the judge presiding in a criminal case in which the defendant has been charged by information or indictment.
(c)  The magisterial duties in a criminal case shall be transferred to the criminal law magistrate court:
(1)  on request of a presiding judge in a criminal case for which the defendant has been charged by information or indictment; or
(2)  after a defendant has been transferred to the custody of the Denton County jail or released from custody on bond in Denton County.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2804. Powers and Duties

Sec. 54.2804.  POWERS AND DUTIES.  The criminal law magistrate court may:
(1)  determine probable cause for purposes of an arrest or search;
(2)  issue an order of commitment, a warrant of arrest, or an order of protection;
(3)  perform the duty of a magistrate under Chapters 14, 15, 16, 17, and 18, Code of Criminal Procedure;
(4)  reduce or modify a bond, find a bond ordered by another judge or magistrate to be insufficient, or require conditions of a bond;
(5)  hear any motion filed in a case over which the court has jurisdiction;
(6)  administer oaths; and
(7)  perform an action on a proceeding referred to the magistrate under Section 54.2811.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2805. Criminal Law Magistrate Court Associate Judge

Sec. 54.2805.  CRIMINAL LAW MAGISTRATE COURT ASSOCIATE JUDGE.  The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County may, with the approval of the Commissioners Court of Denton County and two-thirds of the district court and criminal statutory county court judges, appoint a district or criminal statutory county court judge qualified under Section 54.2807 as the criminal law magistrate court associate judge to:
(1)  serve the district and criminal county courts of Denton County;
(2)  oversee the criminal law magistrate court; and
(3)  recommend for appointment full-time and part-time jail magistrates.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2807. Qualifications

Sec. 54.2807.  QUALIFICATIONS.  To be eligible for appointment as the criminal law magistrate court associate judge, a jail magistrate, or another magistrate in the criminal law magistrate court, a person must:
(1)  have been a resident of Denton County for at least two years preceding the person's appointment; and
(2)  have been licensed to practice law in this state for at least four years.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2808. Compensation

Sec. 54.2808.  COMPENSATION.  A criminal law magistrate court associate judge, a jail magistrate, and each other magistrate in the criminal law magistrate court shall be paid a total annual salary set by the Commissioners Court of Denton County.  The salary shall be paid in a manner and from a fund determined by the commissioners court.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2809. Judicial Immunity

Sec. 54.2809.  JUDICIAL IMMUNITY.  A criminal law magistrate court associate judge, a jail magistrate, and each other magistrate in the criminal law magistrate court has the same judicial immunity as a district judge.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2810. Termination of Services

Sec. 54.2810.  TERMINATION OF SERVICES.  (a)  Except as provided by Subsection (b), a criminal law magistrate court associate judge, a jail magistrate, and each other magistrate in the criminal law magistrate court may be terminated by a two-thirds vote of the district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County.
(b)  A part-time jail magistrate serves solely at the discretion of a criminal law magistrate court associate judge appointed under Section 54.2805 or of the district court judge and criminal statutory county court judge designated to oversee the criminal law magistrate court under Section 54.2802(b).
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2812. Order of Referral

Sec. 54.2812.  ORDER OF REFERRAL.  (a)  To refer one or more cases to the criminal law magistrate court or the criminal law magistrate court associate judge, a judge must issue a written order of referral that specifies the magistrate court's duties.
(b)  An order of referral may:
(1)  limit the powers of the magistrate court 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 or authority of the magistrate applicable to any case referred.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2813. Forfeitures

Sec. 54.2813.  FORFEITURES.  Bail bonds and personal bonds may be forfeited by the criminal law magistrate court or the criminal law magistrate court associate judge 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 justice court clerk associated with the Class C misdemeanor case in which the bond was originally filed.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2814. Papers Transmitted to Judge

Sec. 54.2814.  PAPERS TRANSMITTED TO JUDGE.  At the conclusion of the proceedings, a magistrate or the criminal law magistrate court associate judge 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 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2815. Judicial Action

Sec. 54.2815.  JUDICIAL ACTION.  (a)  A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate or the criminal law magistrate court associate judge.
(b)  If the referring court does not modify, correct, reject, reverse, or recommit an action of the magistrate or the criminal law magistrate court associate judge, the action becomes the decree of the referring court.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2816. Exchange of Benches

Sec. 54.2816.  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)  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 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2817. Court Reporter

Sec. 54.2817.  COURT REPORTER.  At the request of a party in a criminal case, the criminal law magistrate court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2818. Witness

Sec. 54.2818.  WITNESS.  (a)  A witness who appears before the criminal law magistrate court 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 referring court.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2819. Clerk

Sec. 54.2819.  CLERK.  (a)  The district clerk serves as clerk of the criminal law magistrate court, except that 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.
(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 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 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, 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 SS. Denton County Criminal Law Magistrate Court › Section 54.2820. Costs

Sec. 54.2820.  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 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 magistrate court that are charged in the county courts.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54A - Associate Judges › Subchapter A. Criminal Associate Judges › Section 54A.001. Applicability

Sec. 54A.001.  APPLICABILITY.  This subchapter applies to a district court or a statutory county court that hears criminal cases.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.01, eff. January 1, 2012.