Tex. Gov't Code Section 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 (Bail), 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 (Emergency Detention), Health and Safety Code, if the criminal law hearing officer makes each finding required by Section 573.012 (Issuance of Warrant)(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.

Source: Section 54.858 — Duties and Powers, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­54.­htm#54.­858 (accessed Jun. 5, 2024).

54.101
Appointment 54.102
Jurisdiction 54.103
Powers and Duties 54.104
Judicial Immunity 54.105
Training 54.106
Failure to Comply with Summons or Order 54.107
Witnesses 54.301
Appointment 54.302
Qualifications 54.303
Compensation 54.304
Judicial Immunity 54.305
Termination of Services 54.306
Proceeding that May Be Referred 54.307
Order of Referral 54.308
Powers 54.309
Court Reporter 54.310
Witness 54.311
Papers Transmitted to Judge 54.312
Judicial Action 54.651
Appointment 54.652
Qualifications 54.653
Compensation 54.654
Judicial Immunity 54.655
Termination of Services 54.656
Proceeding that May Be Referred 54.657
Order of Referral 54.658
Powers 54.659
Court Reporter 54.660
Witness 54.661
Papers Transmitted to Judge 54.662
Judicial Action 54.731
Short Title 54.732
Creation 54.733
Jurisdiction 54.734
Term of Court 54.735
Powers and Duties 54.736
Council of Judges 54.737
Administrative Rules 54.738
Transfer and Assignment of Cases 54.739
Order of Assignment 54.740
Effect of Transfer 54.741
Forfeitures 54.742
Costs 54.743
Objection to Judge 54.744
Judges on El Paso Council of Judges 54.745
Pretrial Diversion 54.746
Jurisdiction of Judges on El Paso Council of Judges 54.747
Judge 54.748
Oath of Office 54.749
Judicial Immunity 54.750
Exchange of Benches 54.751
Special Judge 54.753
Clerk 54.754
Sheriff 54.755
Court Reporter 54.756
Family Law Master 54.757
Judge of Criminal Law Magistrate Court 54.758
Magistrates May Be Appointed 54.759
Location of Court 54.760
Court Seal 54.761
Inactive Court 54.762
Jurisdiction Not Diminished 54.763
Transfer Under Code of Criminal Procedure 54.801
Appointment 54.802
Qualifications 54.803
Order of Appointment 54.804
Compensation 54.805
Judicial Immunity 54.806
Termination of Employment 54.807
Withdrawal of Appointment for a Particular Court 54.808
Cases that May Be Referred 54.809
Method of Referral 54.810
Powers 54.811
Effect on Temporary Restraining Order 54.812
Jury 54.813
Court Reporter 54.814
Failure to Comply with Summons or Order 54.815
Witnesses 54.816
Return to Referring Court 54.817
Court Action on Report 54.818
Decree or Judgment 54.819
Masters in Chancery 54.820
Referees 54.851
Application 54.852
Appointment 54.853
Qualifications 54.854
Compensation 54.855
Oath 54.856
Criminal Jurisdiction 54.857
Mental Health Jurisdiction 54.858
Duties and Powers 54.859
Judicial Immunity 54.860
Sheriff 54.861
Clerk 54.871
Appointment 54.872
Qualifications 54.873
Compensation 54.874
Judicial Immunity 54.875
Termination of Services 54.876
Proceeding that May Be Referred 54.877
Order of Referral 54.878
Powers 54.879
Court Reporter 54.880
Witness 54.881
Papers Transmitted to Judge 54.882
Judicial Action 54.884
Magistrates 54.885
Clerk 54.901
Appointment 54.902
Qualifications 54.903
Compensation 54.904
Judicial Immunity 54.905
Termination of Services 54.906
Proceeding that May Be Referred 54.907
Order of Referral 54.908
Powers 54.909
Court Reporter 54.910
Witness 54.911
Papers Transmitted to Judge 54.912
Judicial Action 54.970
Application 54.971
Appointment 54.972
Qualifications 54.973
Compensation 54.974
Judicial Immunity 54.975
Termination of Services 54.976
Proceedings that May Be Referred 54.977
Order of Referral 54.978
Powers 54.979
Record of Proceedings 54.980
Witness 54.981
Papers Transmitted to the Judge 54.982
Judicial Action 54.984
Criminal Law Magistrates 54.991
Appointment 54.992
Qualifications 54.993
Compensation 54.994
Judicial Immunity 54.995
Order of Referral 54.996
Powers 54.997
Return to Referring Court 54.998
Judicial Action 54.1171
Application of Subchapter 54.1172
Appointment 54.1173
Qualifications 54.1174
Compensation 54.1175
Powers 54.1176
Papers Transmitted to Judge 54.1177
Judicial Immunity 54.1231
Authorization 54.1232
Qualifications 54.1233
Compensation 54.1234
Judicial Immunity 54.1235
Termination of Employment 54.1236
Jurisdiction 54.1237
Personnel, Equipment, and Office Space 54.1351
Application of Subchapter 54.1352
Appointment 54.1353
Qualifications 54.1354
Compensation 54.1355
Oath 54.1356
Criminal Jurisdiction 54.1357
Mental Health Jurisdiction 54.1358
Duties and Powers 54.1359
Judicial Immunity 54.1360
Sheriff 54.1361
Clerk 54.1362
Proceedings that May Be Referred 54.1501
Appointment 54.1502
Jurisdiction 54.1503
Powers and Duties 54.1504
Judicial Immunity 54.1505
Witnesses 54.1801
Definition 54.1802
Applicability of Subchapter 54.1803
Appointment 54.1804
Qualifications 54.1805
Compensation 54.1806
Judicial Immunity 54.1807
Proceedings that May Be Referred 54.1808
Order of Referral 54.1809
Powers 54.1851
Appointment 54.1852
Jurisdiction 54.1853
Powers and Duties 54.1854
Judicial Immunity 54.1855
Witnesses 54.1951
Application of Subchapter 54.1952
Appointment 54.1953
Qualifications 54.1954
Compensation 54.1955
Powers 54.1956
Not Guilty Plea Entered or Denial of Alleged Conduct 54.1957
Papers Transmitted to Judge 54.2001
Authorization 54.2002
Qualifications 54.2003
Compensation 54.2004
Judicial Immunity 54.2005
Termination of Employment 54.2006
Jurisdiction 54.2007
Personnel, Equipment, and Office Space 54.2201
Authorization 54.2202
Qualifications 54.2203
Compensation 54.2204
Judicial Immunity 54.2205
Proceeding that May Be Referred 54.2206
Order of Referral 54.2207
Powers 54.2208
Forfeitures 54.2209
Costs 54.2210
Clerk 54.2211
Court Reporter 54.2212
Witness 54.2213
Papers Transmitted to Judge 54.2214
Costs of Magistrate 54.2215
Judicial Action 54.2216
Magistrate as Associate Judge 54.2301
Authorization 54.2302
Qualifications 54.2303
Compensation 54.2304
Judicial Immunity 54.2305
Termination of Employment 54.2306
Jurisdiction 54.2307
Personnel, Equipment, and Office Space 54.2401
Authorization 54.2402
Qualifications 54.2403
Compensation 54.2404
Judicial Immunity 54.2405
Proceeding that May Be Referred 54.2406
Order of Referral 54.2407
Powers 54.2408
Forfeitures 54.2409
Costs 54.2410
Clerk 54.2411
Court Reporter 54.2412
Witness 54.2413
Papers Transmitted to Judge 54.2414
Costs of Magistrate 54.2415
Judicial Action 54.2416
Magistrate as Associate Judge 54.2501
Creation 54.2502
Appointment 54.2503
Jurisdiction 54.2504
Powers and Duties 54.2505
Transfer and Assignment of Cases 54.2506
Proceeding that May Be Referred 54.2507
Oath of Office 54.2508
Judicial Immunity 54.2509
Clerk 54.2510
Sheriff 54.2511
Witnesses 54.2601
Appointment 54.2602
Qualifications 54.2603
Compensation 54.2604
Judicial Immunity 54.2605
Termination of Services 54.2606
Proceeding that May Be Referred 54.2607
Order of Referral 54.2608
Powers 54.2609
Court Reporter 54.2610
Witness 54.2611
Papers Transmitted to Judge 54.2612
Judicial Action 54.2613
Magistrate 54.2614
Clerk 54.2701
Authorization 54.2702
Qualifications 54.2703
Compensation 54.2704
Jurisdiction 54.2705
Powers and Duties 54.2706
Judicial Immunity 54.2707
Witnesses 54.2801
Creation 54.2802
Appointment 54.2803
Jurisdiction 54.2804
Powers and Duties 54.2805
Criminal Law Magistrate Court Associate Judge 54.2806
Jail Magistrate 54.2807
Qualifications 54.2808
Compensation 54.2809
Judicial Immunity 54.2810
Termination of Services 54.2811
Proceeding that May Be Referred 54.2812
Order of Referral 54.2813
Forfeitures 54.2814
Papers Transmitted to Judge 54.2815
Judicial Action 54.2816
Exchange of Benches 54.2817
Court Reporter 54.2818
Witness 54.2819
Clerk 54.2820
Costs 54.6585
Clerk
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 54.858’s source at texas​.gov