Judges may refer listed criminal and Chapter 59 civil matters to a magistrate, and magistrates may accept guilty pleas and select juries, but may not preside over criminal trials on the merits or hear jury trials on the merits of bond forfeiture.
Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving: (1) a negotiated plea of guilty or nolo contendere 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, Code of Criminal Procedure; (8) an asset forfeiture hearing as provided by Chapter 59, 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, Chapter 411; (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; and (14) any other matter the referring judge considers necessary and proper. (b) A judge may refer to a magistrate a civil case arising out of Chapter 59, 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) A magistrate may select a jury. A magistrate may not preside over a criminal trial on the merits, whether or not the trial is before a jury. (e) A magistrate may not hear a jury trial on the merits of a bond forfeiture. Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31, 1987. Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 910, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 66 (S.B. 483), Sec. 1, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 17, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 1045 (H.B. 1904), Sec. 2, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.070, eff. January 1, 2025. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.008, eff. September 1, 2023.