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 K. Juvenile Court Masters in Harris County › Section 54.812. Jury

Sec. 54.812.  JURY.  (a)  Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the case back to the referring court for a full hearing according to the usual rules applicable to the case.
(b)  A jury demand does not affect the authority of a master to handle pretrial matters referred to the master.
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 54.813. Court Reporter

Sec. 54.813.  COURT REPORTER.  (a)  A court reporter must be provided during a hearing conducted by a master.
(b)  Notwithstanding Subsection (a), a referring judge may require a reporter at any hearing.
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 54.814. Failure to Comply With Summons or Order

Sec. 54.814.  FAILURE TO COMPLY WITH SUMMONS OR ORDER.  If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify that failure in writing to the referring court for appropriate action.
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 54.815. Witnesses

Sec. 54.815.  WITNESSES.  (a)  A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code.
(b)  A witness referred to the court under Section 54.814 is subject to the same penalties and orders that may be imposed on a witness appearing in a hearing before the 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 54.816. Return to Referring Court; Findings

Sec. 54.816.  RETURN TO REFERRING COURT;  FINDINGS.  After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the master.
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 54.817. Court Action on Report

Sec. 54.817.  COURT ACTION ON REPORT.  (a)  After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for further information, as the court determines to be proper and necessary in each case.
(b)  If a judgment has been recommended, the court may approve the recommendation and hear more evidence before making its judgment.
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 54.818. Decree or Judgment

Sec. 54.818.  DECREE OR JUDGMENT.  The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the 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 54.819. Masters in Chancery

Sec. 54.819.  MASTERS IN CHANCERY.  This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure.
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 54.820. Referees

Sec. 54.820.  REFEREES.  (a)  A master appointed under this subchapter may serve as a referee as provided by Subsection (g) of Section 51.04 and Section 54.10, Family Code.
(b)  A referee appointed under Subsection (g) of Section 51.04, Family Code, may be appointed to serve as a master under this subchapter.
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 L. Criminal Law Hearing Officers in Certain Counties › Section 54.851. Application

Sec. 54.851.  APPLICATION.  This subchapter applies only to counties with a population of 3.3 million or more.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 18, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.852. Appointment

Sec. 54.852.  APPOINTMENT.  (a)  A board composed of three judges of the district courts of Harris County trying criminal cases, three judges of the county criminal courts at law, and three justices of the peace in Harris County may appoint criminal law hearing officers, with the consent and approval of the commissioners court, to perform the duties authorized by this subchapter.  A quorum is two-thirds of the members of the board.
(b)  The board shall ensure that the criminal law hearing officers appointed under this subchapter are representative of the race, sex, national origin, and ethnicity of the population of Harris County.
(c)  A criminal law hearing officer serves a one-year term and continues to serve until a successor is appointed.
(d)  A criminal law hearing officer appointed under this subchapter may be terminated at any time in the same manner as appointed.
(e)  A criminal law hearing officer may not engage in the private practice of law or serve as a mediator or arbitrator or otherwise participate as a neutral party in any alternate dispute resolution proceeding, with or without compensation.
(f)  A criminal law hearing officer is subject to proceedings under Article V, Section 1-a, of the Texas Constitution.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.853. Qualifications

Sec. 54.853.  QUALIFICATIONS.  To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must:
(1)  be a resident of this state and the county;
(2)  have been licensed to practice law in this state for at least four years;
(3)  not have been defeated for reelection to a judicial office;
(4)  not have been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court;  and
(5)  not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided in Section 33.022 and before the final disposition of the proceedings.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.854. Compensation

Sec. 54.854.  COMPENSATION.  (a)  Each criminal law hearing officer is entitled to a salary in the amount set by the commissioners court.
(b)  The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A.
(c)  The salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.855. Oath

Sec. 54.855.  OATH.  A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.856. Criminal Jurisdiction

Sec. 54.856.  CRIMINAL JURISDICTION.
(a)  A criminal law hearing officer appointed under this subchapter has limited concurrent jurisdiction over criminal cases filed in the district courts and county criminal courts at law of the county and concurrent jurisdiction over criminal cases filed in the justice courts of the county.  In criminal cases filed in the district courts and county criminal courts at law, the jurisdiction of the criminal law hearing officer is limited to:
(1)  determining probable cause for further detention of any person detained on a criminal complaint, information, or indictment filed in the district courts or county criminal courts at law;
(2)  committing the defendant to jail, discharging the defendant from custody, or admitting the defendant to bail, as the law and facts of the case require;
(3)  issuing search warrants and arrest warrants as provided by law for magistrates; and
(4)   enforcing judgments and orders of the county criminal courts at law in criminal cases.
(b)  This section does not limit or impair the jurisdiction of the court in which the complaint, information, or indictment is filed to review or alter the decision of the criminal law hearing officer.
(c)  In a felony or misdemeanor case punishable by incarceration in the county jail, a criminal law hearing officer may not dismiss the case, enter a judgment of acquittal or guilt, or pronounce sentence.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 1206, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 811 (S.B. 1404), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.857. Mental Health Jurisdiction

Sec. 54.857.  MENTAL HEALTH JURISDICTION.  The judges appointing a criminal law hearing officer may authorize the criminal law hearing officer to serve the statutory probate courts of Harris County as necessary to hear emergency mental health matters under Chapter 573, Health and Safety Code.  A criminal law hearing officer has concurrent limited jurisdiction with the statutory probate courts of the county to hear emergency mental health matters under Chapter 573, Health and Safety Code.  This section does not impair the jurisdiction of the statutory probate courts to review or alter the decision of the criminal law hearing officer.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.858. Duties and Powers

Sec. 54.858.  DUTIES AND POWERS.  (a)  A criminal law hearing officer shall inform the person arrested, in clear language, of the accusation against the person and of any affidavit filed with the accusation.  A criminal law hearing officer shall inform the person arrested of the person's right to retain counsel, to remain silent, to have an attorney present during any interview with a peace officer or an attorney representing the state, to terminate the interview at any time, and to request the appointment of counsel if the person is indigent and cannot afford counsel.  The criminal law hearing officer shall also inform the person arrested that the person is not required to make a statement and that any statement made by the person may be used against the person.  The criminal law hearing officer must allow the person arrested reasonable time and opportunity to consult counsel and shall admit the person arrested to bail if allowed by law.  In addition to the powers and duties specified by this section, a criminal law hearing officer has all other powers and duties of a magistrate specified by the Code of Criminal Procedure and other laws of this state.
(b)  A criminal law hearing officer may determine the amount of bail and grant bail pursuant to Chapter 17, Code of Criminal Procedure, and as otherwise provided by law.
(c)  A criminal law hearing officer may issue a magistrate's order for emergency apprehension and detention under Chapter 573, Health and Safety Code, if the criminal law hearing officer makes each finding required by Section 573.012(b), Health and Safety Code.
(d)  The criminal law hearing officer shall be available, within 24 hours of a defendant's arrest, to determine probable cause for further detention, administer warnings, inform the accused of the pending charges, and determine all matters pertaining to bail.  Criminal law hearing officers shall be available to review and issue search warrants and arrest warrants as provided by law.
(e)  A criminal law hearing officer may dispose of criminal cases filed in the justice court as provided by law and collect fines and enforce the judgments and orders of the justice courts in criminal cases.
(f)  A criminal law hearing officer may enforce judgments and orders of the county criminal courts at law in criminal cases.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 1206, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 811 (S.B. 1404), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.859. Judicial Immunity

Sec. 54.859.  JUDICIAL IMMUNITY.  A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.860. Sheriff

Sec. 54.860.  SHERIFF.  On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing officer.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter L. Criminal Law Hearing Officers in Certain Counties › Section 54.861. Clerk

Sec. 54.861.  CLERK.  The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district court or county criminal court.  A person designated to serve as clerk of a justice court shall perform the statutory duties necessary for cases filed in a justice court.
Added by Acts 1993, 73rd Leg., ch. 224, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter M. Magistrates in Lubbock County › Section 54.871. Appointment

Sec. 54.871.  APPOINTMENT.  (a)  The judges of the district courts of Lubbock County, with the consent and approval of the Commissioners Court of Lubbock 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 unanimous approval 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 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.872. Qualifications

Sec. 54.872.  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 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.873. Compensation

Sec. 54.873.  COMPENSATION.  (a)  A magistrate is entitled to the salary determined by the Commissioners Court of Lubbock County.
(b)  The salary may not be less than the salary authorized to be paid to an associate judge for Title IV-D cases appointed under Subchapter B, Chapter 201, Family Code.
(c)  The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 602, Sec. 2, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 1258, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter M. Magistrates in Lubbock County › Section 54.874. Judicial Immunity

Sec. 54.874.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.875. Termination of Services

Sec. 54.875.  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 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.876. Proceeding That May Be Referred

Sec. 54.876.  PROCEEDING THAT MAY BE REFERRED.  (a)  A district judge or a county court at law judge may refer to a magistrate any criminal case for proceedings involving:
(1)  a negotiated plea of guilty before the court;
(2)  a bond forfeiture;
(3)  a pretrial motion;
(4)  a postconviction writ of habeas corpus;
(5)  an examining trial;  and
(6)  any other matter the judge considers necessary and proper.
(b)  A magistrate may accept a plea of guilty for a misdemeanor or felony.
(c)  A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
(d)  A judge of a court designated a juvenile court may refer to a magistrate any proceeding over which a juvenile court has exclusive original jurisdiction under Title 3, Family Code, including any matter ancillary to the proceeding.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 602, Sec. 3, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter M. Magistrates in Lubbock County › Section 54.877. Order of Referral

Sec. 54.877.  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, do particular acts, or receive and report on evidence only;
(2)  set the time and place for the hearing;
(3)  prescribe a closing date for the hearing;
(4)  provide a date for filing the magistrate's findings;
(5)  designate proceedings for more than one case over which the magistrate shall preside;
(6)  direct the magistrate to call the court's docket; and
(7)  set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.878. Powers

Sec. 54.878.  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 for a misdemeanor or felony or a plea of true from a defendant or juvenile, regardless of the classification of the offense charged or the conduct alleged;  and
(14)  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 not enter a ruling on any issue of law or fact if that ruling could result in dismissal or require dismissal of a pending criminal prosecution, but the magistrate may make findings, conclusions, and recommendations on those issues.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 602, Sec. 4, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter M. Magistrates in Lubbock County › Section 54.879. Court Reporter

Sec. 54.879.  COURT REPORTER.  At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.880. Witness

Sec. 54.880.  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 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.881. Papers Transmitted to Judge

Sec. 54.881.  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 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.882. Judicial Action

Sec. 54.882.  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 1989, 71st Leg., ch. 25, Sec. 1, 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 M. Magistrates in Lubbock County › Section 54.884. Magistrates

Sec. 54.884.   MAGISTRATES.  (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 he is serving.
Added by Acts 1989, 71st Leg., ch. 25, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 602, Sec. 5, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter M. Magistrates in Lubbock County › Section 54.885. Clerk

Sec. 54.885.  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 1999, 76th Leg., ch. 602, Sec. 6, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter N. Criminal Law Magistrates in Bexar County › Section 54.901. Appointment

Sec. 54.901.  APPOINTMENT.  (a)  The judges of the district courts of Bexar County that give preference to criminal cases, with the consent and approval of the Commissioners Court of Bexar 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 a majority of the judges described in Subsection (a).
(c)  If the number of magistrates is less than the number of the appointing judges, each magistrate shall serve equally in the courts of those judges.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.902. Qualifications

Sec. 54.902.  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 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.903. Compensation

Sec. 54.903.  COMPENSATION.  (a)  A magistrate is entitled to the salary determined by the Commissioners Court of Bexar County.
(b)  The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.904. Judicial Immunity

Sec. 54.904.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.905. Termination of Services

Sec. 54.905.  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 the appointing judges.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.906. Proceeding That May Be Referred

Sec. 54.906.  PROCEEDING THAT MAY BE REFERRED.  (a)  A judge may refer to a magistrate any criminal case for proceedings involving:
(1)  a bond forfeiture;
(2)  a pretrial motion;
(3)  a postconviction writ of habeas corpus;
(4)  an examining trial;
(5)  the issuance of search warrants, including a search warrant under Article 18.02(a)(10), Code of Criminal Procedure, notwithstanding Article 18.01(c), Code of Criminal Procedure;
(6)  the setting of bonds;
(7)  the arraignment of defendants; and
(8)  any other matter the judge considers necessary and proper, including a plea of guilty or nolo contendere from a defendant charged with:
(A)  a felony offense;
(B)  a misdemeanor offense when charged with both a misdemeanor offense and a felony offense; or
(C)  a misdemeanor offense.
(b)  A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
(c)  Subsection (a)(5) does not apply to the issuance of a subsequent search warrant under Article 18.02(a)(10), Code of Criminal Procedure.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 909 (H.B. 1722), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 126 (H.B. 994), Sec. 1, eff. May 27, 2011.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.002, 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 N. Criminal Law Magistrates in Bexar County › Section 54.907. Order of Referral

Sec. 54.907.  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.  The judge may issue a written order of referral or may read the order of referral into the minutes of the court.
(b)  An order of referral may:
(1)  limit the powers of the magistrate and direct the magistrate to report only on specific issues, do particular acts, or receive and report on evidence only;
(2)  set the time and place for the hearing;
(3)  prescribe a closing date for the hearing;
(4)  provide a date for filing the magistrate's findings;
(5)  designate proceedings for more than one case over which the magistrate shall preside;
(6)  direct the magistrate to call the court's docket;  and
(7)  set forth general powers and limitations of authority of the magistrate applicable to any case referred.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 59, Sec. 1, eff. May 10, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter N. Criminal Law Magistrates in Bexar County › Section 54.908. Powers

Sec. 54.908.  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 or nolo contendere from a defendant charged with:
(A)  a felony offense;
(B)  a misdemeanor offense when charged with both a misdemeanor offense and a felony offense; or
(C)  a misdemeanor offense;
(14)  notwithstanding Article 18.01(c), Code of Criminal Procedure, issue a search warrant under Article 18.02(a)(10), Code of Criminal Procedure; and
(15)  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 does not have authority under Subsection (a)(14) to issue a subsequent search warrant under Article 18.02(a)(10), Code of Criminal Procedure.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 680, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 909 (H.B. 1722), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 126 (H.B. 994), Sec. 2, eff. May 27, 2011.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.003, 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 N. Criminal Law Magistrates in Bexar County › Section 54.909. Court Reporter

Sec. 54.909.  COURT REPORTER.  At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate.
Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.910. Witness

Sec. 54.910.  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 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.911. Papers Transmitted to Judge

Sec. 54.911.  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 1989, 71st Leg., ch. 1068, Sec. 1, 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 N. Criminal Law Magistrates in Bexar County › Section 54.912. Judicial Action

Sec. 54.912.  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 1989, 71st Leg., ch. 1068, Sec. 1, 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 Q. Criminal Law Magistrates in Travis County › Section 54.970. Application

Sec. 54.970.  APPLICATION.  This subchapter applies to the district courts and the county courts at law that give preference to criminal cases in Travis County.
Added by Acts 2003, 78th Leg., ch. 979, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.971. Appointment

Sec. 54.971.  APPOINTMENT.  (a)  The Commissioners Court of Travis County shall set the number of magistrates needed to perform the duties authorized by this subchapter.
(b)  The judges of the district courts subject to this subchapter shall, with the consent and approval of the Commissioners Court of Travis County, jointly appoint the magistrates that will assist the district courts.  Each magistrate's appointment under this subsection must be made with the unanimous approval of the judges of the district courts subject to this subchapter.
(c)  Except as provided by Subsection (e), if the number of magistrates is less than the number of the appointing judges, each magistrate shall serve equally in the courts of those judges.
(d)  The judges of the county courts at law subject to this subchapter shall, with the consent and approval of the Commissioners Court of Travis County, jointly appoint the magistrates that will assist the county courts at law.  Each magistrate's appointment under this subsection must be made with the unanimous approval of the judges of the county courts at law subject to this subchapter.
(e)  In addition to the requirements of Subsection (b) or (d), a magistrate appointed to assist only one court must be approved by the judge of that court.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.972. Qualifications

Sec. 54.972.  QUALIFICATIONS.  A magistrate must:
(1)  be a resident of this state and of Travis County;  and
(2)  have been licensed to practice law in this state for at least four years.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.973. Compensation

Sec. 54.973.  COMPENSATION.  (a)  A magistrate is entitled to the salary determined by the Commissioners Court of Travis County.
(b)  The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A, Chapter 201, Family Code, unless a lesser salary is recommended by the judges described by Section 54.971 and approved by the commissioners court.
(c)  The magistrate's salary is paid from the county fund available for payment of officers' salaries.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1999, 76th Leg., ch. 861, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.974. Judicial Immunity

Sec. 54.974.  JUDICIAL IMMUNITY.  A magistrate has the same judicial immunity as a district judge or a judge of a county court at law, as applicable.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.975. Termination of Services

Sec. 54.975.  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 the appointing judges.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.976. Proceedings That May Be Referred

Sec. 54.976.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving:
(1)  a negotiated plea of guilty or no contest and sentencing;
(2)  a pretrial motion;
(3)  an examining trial;
(4)  a writ of habeas corpus;
(5)  a bond forfeiture suit;
(6)  issuance of search warrants;
(7)  setting, setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;
(8)  arraignment of defendants;
(9)  a motion to increase or decrease a bond;
(10)  a motion to revoke community supervision or to proceed to an adjudication;
(11)  an issue of competency or a civil commitment under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or without a jury;
(12)  a motion to modify community supervision;
(13)  specialty court proceedings, including drug court proceedings, veterans treatment court proceedings, and driving while intoxicated court proceedings;
(14)  an expunction or a petition for nondisclosure;
(15)  an occupational driver's license;
(16)  a waiver of extradition;
(17)  the issuance of subpoenas and orders requiring the production of medical records, including records relating to mental health or substance abuse treatment; and
(18)  any other matter the judge considers necessary and proper.
(b)  A magistrate may select a jury.  A magistrate may not preside over a contested criminal trial on the merits, regardless of whether the trial is before a jury.
(c)  A judge may refer to a magistrate any proceeding involving an application for a protective order under Title 4, Family Code, or Section 17.292, Code of Criminal Procedure.
(d)  A judge may refer to a magistrate proceedings involving a grand jury, including issuance of grand jury subpoenas, receipt of grand jury reports on behalf of a district judge, the granting of a grand jury request to recess, motions to compel testimony, and discharge of a grand jury at the end of a term.  A magistrate may not impanel a grand jury.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 413, Sec. 3, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 9, 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 Q. Criminal Law Magistrates in Travis County › Section 54.977. Order of Referral

Sec. 54.977.  ORDER OF REFERRAL.  (a)  To refer one or more cases or matters 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 specific issues, do particular acts, or receive and report on evidence only;
(2)  set the time and place for the hearing;
(3)  prescribe a closing date for the hearing;
(4)  provide a date for filing the magistrate's findings;
(5)  designate proceedings for more than one case over which the magistrate shall preside;
(6)  direct the magistrate to call the court's docket;  and
(7)  set forth general powers and limitations of authority of the magistrate applicable to any case referred.
(c)  A judge may issue a general order of referral authorizing the magistrate to act on certain types of matters without requiring an order for each referral.  Items that may be in the general order of referral include:
(1)  waivers of extradition;
(2)  search warrants;
(3)  bench warrants;
(4)  grand jury subpoenas;
(5)  subpoenas and orders requiring the production of medical records, including records relating to mental health and substance abuse treatment; and
(6)  records and other matters relating to the grand jury.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle D - Judicial Personnel and Officials › Chapter 54 - Masters; Magistrates; Referees; Associate Judges › Subchapter Q. Criminal Law Magistrates in Travis County › Section 54.979. Record of Proceedings

Sec. 54.979.  RECORD OF PROCEEDINGS.  At the request of a party the court shall provide that the proceedings before the magistrate be recorded.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.