A magistrate appointed under this subchapter may perform specified hearing and case-management powers, unless limited by a county judge’s order, but may not rule on certain issues that could lead to dismissal in specified education or truancy matters.
Sec. 54.1955. POWERS. (a) Except as limited by an order of the county judge, a magistrate appointed under this subchapter may: (1) conduct hearings; (2) hear evidence; (3) issue summons for the appearance of witnesses; (4) examine witnesses; (5) swear witnesses for hearings; (6) recommend rulings or orders or a judgment in a case; (7) regulate proceedings in a hearing; (8) accept a plea of guilty or nolo contendere in a case alleging a violation of Section 25.093, Education Code, and assess a fine or court costs or order community service in satisfaction of a fine or costs in accordance with Article 45A.254, Code of Criminal Procedure; (9) for a violation of Section 25.093, Education Code, enter an order suspending a sentence or deferring a final disposition that includes at least one of the requirements listed in Subchapter G, Chapter 45A, Code of Criminal Procedure; (10) for an uncontested adjudication of truant conduct under Section 65.003, Family Code, accept a plea to the petition or a stipulation of evidence, and take any other action authorized under Chapter 65, Family Code; and (11) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the referral order, including the entry of an order that includes at least one of the remedial options in Section 65.103, Family Code. (b) With respect to an issue of law or fact the ruling on which could result in the dismissal of a prosecution under Section 25.093, Education Code, or a case of truant conduct under Section 65.003, Family Code, a magistrate may not rule on the issue but may make findings, conclusions, and recommendations on the issue. Added by Acts 2011, 82nd Leg., R.S., Ch. 995 (H.B. 2132), Sec. 1, eff. June 17, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 34, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.065, eff. January 1, 2025.