Texas Government Code 54.2205 – Proceeding That May Be Referred
Text of subsection effective until January 01, 2025
(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 55, 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.
Text of subsection effective on January 01, 2025
Terms Used In Texas Government Code 54.2205
- Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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 § 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.