Texas Government Code 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.
Terms Used In Texas Government Code 54.976
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- 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.
- 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.
- Recess: A temporary interruption of the legislative business.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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.
(c) A judge may refer to a magistrate any proceeding involving an application for a protective order under Title 4, Family Code, or § 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.