A magistrate may perform several hearing, evidence, and warrant-related powers in referred criminal matters, but cannot issue rulings that would dismiss a pending prosecution or issue a subsequent search warrant under one stated provision.
Sec. 54.978. POWERS. (a) Except as limited by an order of referral, a magistrate to whom a case or matter related to a criminal 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 pretrial motions; (11) recommend the rulings, orders, or judgment to be made in a case; (12) regulate proceedings in a hearing; (13) in any case referred under Section 54.976(a)(1): (A) accept a negotiated plea of guilty; (B) enter a finding of guilt and impose or suspend sentence; or (C) defer adjudication of guilty; (14) notwithstanding Article 18.01(c), Code of Criminal Procedure, issue a search warrant under Article 18.02(a)(10), Code of Criminal Procedure; (15) notwithstanding Article 18.01(h), Code of Criminal Procedure, issue a search warrant under Article 18.02(a)(12), Code of Criminal Procedure; and (16) 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 not enter a ruling on any issue of law or fact if that ruling could result in dismissal or require dismissal of a pending criminal prosecution, but the magistrate may make findings, conclusions, and recommendations on those issues. 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 Subsection (a)(14) to issue a subsequent search warrant under Article 18.02(a)(10), Code of Criminal Procedure. (e) In this subsection, "ESN reader," "pen register," and "trap and trace device" have the meanings assigned by Article 18B.001, Code of Criminal Procedure, and "mobile tracking device" has the meaning assigned by Article 18B.201, Code of Criminal Procedure. A magistrate may: (1) notwithstanding Article 18B.051 or 18B.052, Code of Criminal Procedure, issue an order under Subchapter C, Chapter 18B, Code of Criminal Procedure, for the installation and use of: (A) a pen register; (B) an ESN reader; (C) a trap and trace device; or (D) equipment that combines the function of a pen register and a trap and trace device; (2) issue an order to obtain access to stored communications under Article 18B.352, Code of Criminal Procedure; and (3) notwithstanding Article 18B.203(a), Code of Criminal Procedure, issue an order for the installation and use of a mobile tracking device under Subchapter E, Chapter 18B, Code of Criminal Procedure. Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856), Sec. 3, eff. June 17, 2011. Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.08, eff. January 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.004, eff. September 1, 2019.