A judge may refer certain criminal and protective-order matters to a magistrate, but a magistrate may not preside over a contested criminal trial or impanel a grand jury.
Sec. 54.976. PROCEEDINGS 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 no contest and sentencing; (2) a pretrial motion; (3) an examining trial; (4) a writ of habeas corpus; (5) a bond forfeiture suit; (6) issuance of search warrants; (7) setting, setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds; (8) arraignment of defendants; (9) a motion to increase or decrease a bond; (10) a motion to revoke community supervision or to proceed to an adjudication; (11) an issue of competency or a civil commitment under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or without a jury; (12) a motion to modify community supervision; (13) specialty court proceedings, including drug court proceedings, veterans treatment court proceedings, and driving while intoxicated court proceedings; (14) an expunction or a petition for nondisclosure; (15) an occupational driver's license; (16) a waiver of extradition; (17) the issuance of subpoenas and orders requiring the production of medical records, including records relating to mental health or substance abuse treatment; and (18) any other matter the judge considers necessary and proper. (b) A magistrate may select a jury. A magistrate may not preside over a contested criminal trial on the merits, regardless of whether the trial is before a jury. (c) A judge may refer to a magistrate any proceeding involving an application for a protective order under Title 4, Family Code, or Section 17.292, Code of Criminal Procedure. (d) A judge may refer to a magistrate proceedings involving a grand jury, including issuance of grand jury subpoenas, receipt of grand jury reports on behalf of a district judge, the granting of a grand jury request to recess, motions to compel testimony, and discharge of a grand jury at the end of a term. A magistrate may not impanel a grand jury. Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 1993, 73rd Leg., ch. 413, Sec. 3, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856), Sec. 1, eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 9, eff. September 1, 2015.