Tex.
Gov't Code Section 54.2405
Proceeding that May Be Referred
(a)
The judge of a district court or county court at law or a justice of the peace may refer to a magistrate any case or matter relating to a case for proceedings involving:(1)
a negotiated plea of guilty or no contest and sentencing before the court;(2)
a bond forfeiture, remittitur, and related proceedings;(3)
a pretrial motion;(4)
a writ of habeas corpus;(5)
an examining trial;(6)
an occupational driver’s license;(7)
a petition for an order of expunction under Chapter 55 (Expunction of Criminal Records), Code of Criminal Procedure;(8)
an asset forfeiture hearing as provided by Chapter 59 (Forfeiture of Contraband), Code of Criminal Procedure;(9)
a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas);(10)
a motion to modify or revoke community supervision or to proceed with an adjudication of guilt;(11)
setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;(12)
specialty court proceedings;(13)
a waiver of extradition;(14)
selection of a jury; and(15)
any other matter the judge or justice of the peace considers necessary and proper.(a)
The judge of a district court or county court at law or a justice of the peace may refer to a magistrate any case or matter relating to a case for proceedings involving:(1)
a negotiated plea of guilty or no contest and sentencing before the court;(2)
a bond forfeiture, remittitur, and related proceedings;(3)
a pretrial motion;(4)
a writ of habeas corpus;(5)
an examining trial;(6)
an occupational driver’s license;(7)
a petition for an order of expunction under Chapter 55A (Expunction of Criminal Records), Code of Criminal Procedure;(8)
an asset forfeiture hearing as provided by Chapter 59 (Forfeiture of Contraband), Code of Criminal Procedure;(9)
a petition for an order of nondisclosure of criminal history record information or an order of nondisclosure of criminal history record information that does not require a petition provided by Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas);(10)
a motion to modify or revoke community supervision or to proceed with an adjudication of guilt;(11)
setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds;(12)
specialty court proceedings;(13)
a waiver of extradition;(14)
selection of a jury; and(15)
any other matter the judge or justice of the peace considers necessary and proper.(b)
A judge may refer to a magistrate a civil case arising out of Chapter 59 (Forfeiture of Contraband), Code of Criminal Procedure, for any purpose authorized by that chapter, including issuing orders, accepting agreed judgments, enforcing judgments, and presiding over a case on the merits if a party has not requested a jury trial.(c)
A magistrate may accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses.(d)
If the magistrate is acting as an associate judge under Section 54.2416 (Magistrate as Associate Judge), the magistrate may hear any case referred under Section 54A.106 (Cases that May Be Referred).(e)
A magistrate may not preside over a criminal trial on the merits, regardless of whether the trial is before a jury.(f)
A magistrate may not hear any jury trial on the merits.
Source:
Section 54.2405 — Proceeding that May Be Referred, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.54.htm#54.2405 (accessed Jun. 5, 2024).
