Texas § GV.54.2205 - PROCEEDING THAT MAY BE REFERRED

§ GV.54.2205. PROCEEDING THAT MAY BE REFERRED

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 54.2216 , 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. 5.04, eff. September 1, 2019. Amended by: Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504 ), Sec. 2.066, eff. January 1, 2025.