Certain judges may refer specified matters to a magistrate, and a magistrate may accept guilty pleas, but may not preside over criminal trials on the merits or hear jury trials on the merits.
Sec. 54.2405. PROCEEDING THAT MAY BE REFERRED. (a) The judge of a district court or county court at law or a justice of the peace may refer to a magistrate any case or matter relating to a case for proceedings involving: (1) a negotiated plea of guilty or no contest 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; (14) selection of a jury; and (15) any other matter the judge or justice of the peace 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) If the magistrate is acting as an associate judge under Section 54.2416, the magistrate may hear any case referred under Section 54A.106. (e) A magistrate may not preside over a criminal trial on the merits, regardless of whether the trial is before a jury. (f) A magistrate may not hear any jury trial on the merits. Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019. Amended by: Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.067, eff. January 1, 2025.