A referred magistrate may conduct hearings, handle evidence, manage proceedings, accept certain pleas, sign some dismissals, and take other necessary steps, unless limited by the referral order.
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.