Tex. Gov't Code § 54.658

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 54.658 - Powers

(a) Except as limited by an order of referral, a magistrate to whom a case is referred may:

(1) conduct hearings;

(2) hear evidence;

(3) compel production of relevant evidence;

(4) rule on admissibility of evidence;

(5) issue summons for the appearance of witnesses;

(6) examine witnesses;

(7) swear witnesses for hearings;

(8) make findings of fact on evidence;

(9) formulate conclusions of law;

(10) rule on a pretrial motion;

(11) recommend the rulings, orders, or judgment to be made in a case;

(12) regulate proceedings in a hearing;

(13) accept a plea of guilty from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses;

(14) select a jury;

(15) accept a negotiated plea on a probation revocation;

(16) conduct a contested probation revocation hearing;

(17) sign a dismissal in a misdemeanor case;

(18) in any case referred under Section 54.656(a)(1), accept a negotiated plea of guilty or no contest and:

(A) enter a finding of guilt and impose or suspend the sentence; or

(B) defer adjudication of guilt; and

(19) do any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.

(b) A magistrate may sign a motion to dismiss submitted by an attorney representing the state on cases referred to the magistrate, or on dockets called by the magistrate, and may consider unadjudicated cases at sentencing under Section 12.45, Penal Code.

(c) A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.

(d) A magistrate does not have authority under Article 18.01(c), Code of Criminal Procedure, to issue a subsequent search warrant under Article 18.02(a)(10), Code of Criminal Procedure.

Tex. Gov't. Code § 54.658

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 467,Sec. 8.001, eff. 9/1/2019.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1045,Sec. 3, eff. 9/1/2017.

Amended By Acts 2011, 82nd Leg., R.S., Ch. 66, Sec. 2, eff. 9/1/2011.

Amended by Acts 2003, 78th Leg., ch. 910, Sec. 3, eff. 9/1/2003.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. 8/31/1987.