CHAPTER 54. MASTERS; MAGISTRATES; REFEREES; ASSOCIATE JUDGES

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GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE D. JUDICIAL PERSONNEL AND OFFICIALS

CHAPTER 54. MASTERS; MAGISTRATES; REFEREES; ASSOCIATE JUDGES

SUBCHAPTER A. MAGISTRATES IN MONTGOMERY COUNTY

Sec. 54.001. APPOINTMENT. (a) The judges of the district

courts and statutory county courts in Montgomery County, with the

consent and approval of the Commissioners Court of Montgomery

County, may jointly appoint one or more magistrates to perform

the duties authorized by this subchapter.

(b) Each magistrate's appointment must be made with the approval

of a majority of the judges described in Subsection (a).

terminated at any time in the same manner as appointed.

Added by Acts 2005, 79th Leg., Ch.

663, Sec. 1, eff. September 1, 2005.

Renumbered from Government Code, Section 54.1351 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(24), eff. September 1, 2007.

Sec. 54.002. QUALIFICATIONS; OATH OF OFFICE. (a) To be

eligible for appointment as a magistrate, a person must:

(1) be a resident of Montgomery County, Texas; and

(2) be licensed to practice law in this state for at least four

years.

(b) A magistrate appointed under this subchapter must take the

constitutional oath of office required of appointed officers of

this state.

Added by Acts 2005, 79th Leg., Ch.

663, Sec. 1, eff. September 1, 2005.

Renumbered from Government Code, Section 54.1352 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(24), eff. September 1, 2007.

Sec. 54.003. COMPENSATION. (a) A magistrate is entitled to the

salary determined by the Commissioners Court of Montgomery

County.

(b) The magistrate's salary is to be paid from the county fund

available for the payment of officers' salaries.

Added by Acts 2005, 79th Leg., Ch.

663, Sec. 1, eff. September 1, 2005.

Renumbered from Government Code, Section 54.1353 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(24), eff. September 1, 2007.

Sec. 54.004. JUDICIAL IMMUNITY. A magistrate has the same

judicial immunity as a district judge.

Added by Acts 2005, 79th Leg., Ch.

663, Sec. 1, eff. September 1, 2005.

Renumbered from Government Code, Section 54.1354 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(24), eff. September 1, 2007.

Sec. 54.005. JURISDICTION; RESPONSIBILITY. The judges of the

district and statutory county courts of Montgomery County by

majority vote shall adopt standing orders establishing the duties

of a magistrate.

Added by Acts 2005, 79th Leg., Ch.

663, Sec. 1, eff. September 1, 2005.

Renumbered from Government Code, Section 54.1355 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(24), eff. September 1, 2007.

Sec. 54.006. POWERS. Subject to the standing orders of the

judges of the district and statutory county courts of Montgomery

County, the magistrate has all the powers of a magistrate under

the laws of this state and may:

(1) set, adjust, and revoke bonds before the filing of an

information or the return of an indictment;

(2) conduct examining trials;

(3) determine whether a defendant is indigent and appoint

counsel for indigent defendants;

(4) issue search and arrest warrants;

(5) issue emergency protective orders;

(6) order emergency mental commitments;

(7) conduct juvenile detention hearings if approved by the

Juvenile Board of Montgomery County; and

(8) administer an oath for any purpose.

Added by Acts 2005, 79th Leg., Ch.

663, Sec. 1, eff. September 1, 2005.

Renumbered from Government Code, Section 54.1356 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(24), eff. September 1, 2007.

SUBCHAPTER B. MAGISTRATES IN NOLAN COUNTY

Sec. 54.101. AUTHORIZATION; APPOINTMENT; ELIMINATION. (a) The

Commissioners Court of Nolan County may authorize the judge of

the district court to appoint one or more part-time or full-time

magistrates to perform the duties authorized by this subchapter

in Nolan County.

(b) The judge may appoint magistrates as authorized by the

Commissioners Court of Nolan County.

(d) An authorized magistrate's position may be eliminated on a

majority vote of the Commissioners Court of Nolan County.

Added by Acts 2005, 79th Leg., Ch.

109, Sec. 1, eff. May 20, 2005.

Renumbered from Government Code, Section 54.1701 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(25), eff. September 1, 2007.

Sec. 54.102. QUALIFICATIONS. To be eligible for appointment as

a magistrate, a person must:

(1) be a citizen of the United States;

(2) have resided in Nolan County for at least the two years

preceding the person's appointment; and

(3) have been licensed to practice law in this state for at

least four years preceding the date of appointment.

Added by Acts 2005, 79th Leg., Ch.

109, Sec. 1, eff. May 20, 2005.

Renumbered from Government Code, Section 54.1702 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(25), eff. September 1, 2007.

Sec. 54.103. COMPENSATION. A magistrate is entitled to the

salary determined by the Commissioners Court of Nolan County.

The magistrate's salary is paid from the county fund available

for payment of officers' salaries.

Added by Acts 2005, 79th Leg., Ch.

109, Sec. 1, eff. May 20, 2005.

Renumbered from Government Code, Section 54.1703 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(25), eff. September 1, 2007.

Sec. 54.104. JUDICIAL IMMUNITY. A magistrate has the same

judicial immunity as a district judge.

Added by Acts 2005, 79th Leg., Ch.

109, Sec. 1, eff. May 20, 2005.

Renumbered from Government Code, Section 54.1704 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(25), eff. September 1, 2007.

Sec. 54.105. JURISDICTION; RESPONSIBILITY; POWERS. (a) To the

extent authorized by this subchapter, a magistrate has

jurisdiction to exercise the authority granted by the judge of

the district court.

(b) A magistrate has all of the powers of a magistrate under the

laws of this state and may administer an oath for any purpose.

of a magistrate under Article 15.17, Code of Criminal Procedure.

(d) A magistrate is authorized to:

(1) set, adjust, and revoke bonds before the filing of an

information or the return of an indictment;

(2) conduct examining trials;

(3) determine whether a defendant is indigent and appoint

counsel for an indigent defendant;

(4) issue search and arrest warrants; and

(5) conduct juvenile detention hearings as authorized by Section

51.04(f), Family Code.

(e) A magistrate may:

(1) issue notices of the setting of a case for a hearing;

(2) conduct hearings;

(3) compel production of evidence;

(4) hear evidence;

(5) issue summons for the appearance of witnesses;

(6) swear witnesses for hearings;

(7) regulate proceedings in a hearing; and

(8) perform any act and take any measure necessary and proper

for the efficient performance of the duties required by the

magistrate's jurisdiction and authority.

Added by Acts 2005, 79th Leg., Ch.

109, Sec. 1, eff. May 20, 2005.

Renumbered from Government Code, Section 54.1705 by Acts 2007,

80th Leg., R.S., Ch.

921, Sec. 17.001(25), eff. September 1, 2007.

SUBCHAPTER C. CRIMINAL LAW MASTERS IN JEFFERSON COUNTY

Sec. 54.201. APPLICATION. This subchapter applies to the

district courts and to the county courts at law that give

preference to criminal cases in Jefferson County.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.202. APPOINTMENT AND COMPENSATION. (a) The judge of a

court subject to this subchapter may appoint one or more masters

to perform the duties authorized by this subchapter.

(b) To qualify for appointment as a master, a person must be

licensed to practice law in Texas.

agrees to serve as a master.

(d) A person appointed to serve as master is entitled to be paid

an amount set by the court that may not exceed the amount paid

for indigent trial representation pursuant to Article 26.05, Code

of Criminal Procedure. The commissioners court shall pay the

salary from funds appropriated by the commissioners court for

indigent criminal representation.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1993, 73rd Leg., ch. 468, Sec. 2, eff. June 9,

1993.

Sec. 54.203. REFERRAL OF CASE. (a) To refer a case to a

master, the judge must issue a written order of referral that

specifies the master's duties in the case.

(b) A judge may refer to a master any proceeding in a criminal

case relating to:

(1) a negotiated plea of guilty or nolo contendere;

(2) a bond forfeiture;

(3) a pretrial motion;

(4) a postconviction writ of habeas corpus;

(5) an examining trial; or

(6) any other matter that the judge considers proper.

merits.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.204. POWERS. A master to whom a case is referred may:

(1) conduct hearings;

(2) hear evidence;

(3) compel production of relevant evidence;

(4) rule on the admissibility of evidence;

(5) issue summons for the appearance of witnesses;

(6) examine witnesses;

(7) swear witnesses for hearings;

(8) make findings of fact on evidence;

(9) formulate conclusions of law;

(10) rule on pretrial motions;

(11) recommend a ruling, order, or judgment to be made in a

case;

(12) regulate any proceeding in a hearing; and

(13) take any action necessary and proper for the efficient

performance of duties required by the order of referral.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.205. PAPERS TRANSMITTED TO JUDGE. At the conclusion of

a proceeding, the master shall transmit to the referring court

any papers relating to the case, including the master's findings,

conclusions, orders, and recommendations, and a statement as to

any other actions taken.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.206. JUDICIAL ACTION. (a) The referring court may

modify, correct, reject, reverse, or recommit for further

proceedings any action taken by a master.

(b) If the referring court does not take any action, the actions

of the master are adopted by the referring court and become the

decree in the case.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.207. RESTRICTION ON PRACTICE OF LAW. A person appointed

as a master under this subchapter may not practice law before the

court for which the person served as master for two years after

the date the master's services end.

Added by Acts 1993, 73rd Leg., ch. 468, Sec. 3, eff. June 9,

1993.

SUBCHAPTER D. CRIMINAL LAW MAGISTRATES IN DALLAS COUNTY

Sec. 54.301. APPOINTMENT. (a) Each judge of a district court

of Dallas County that gives preference to criminal cases, each

judge of a criminal district court of Dallas County, and each

judge of a county criminal court of Dallas County, with the

consent and approval of the Commissioners Court of Dallas County,

may appoint a magistrate to perform the duties authorized by this

subchapter.

(b) Judges may authorize one or more magistrates to share

service with more than one court.

appointment must be made with the unanimous approval of all the

judges under whom the magistrate serves.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 215, Sec. 1, eff. May 23,

1997.

Sec. 54.302. QUALIFICATIONS. To be eligible for appointment as

a magistrate, a person must:

(1) be a resident of this state; and

(2) have been licensed to practice law in this state for at

least four years.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.303. COMPENSATION. (a) A magistrate is entitled to the

salary determined by the Commissioners Court of Dallas County.

(b) The salary may not be less than the salary authorized to be

paid to a master for family law cases appointed under Subchapter

available for payment of officers' salaries.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.304. JUDICIAL IMMUNITY. A magistrate has the same

judicial immunity as a district judge.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.305. TERMINATION OF SERVICES. (a) A magistrate who

serves a single court serves at the will of the judge.

(b) The services of a magistrate who serves more than one court

may be terminated by a majority vote of all the judges whom the

magistrate serves.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.306. PROCEEDING THAT MAY BE REFERRED. (a) A judge may

refer to a magistrate any matter arising out of a criminal case

involving:

(1) a negotiated plea of guilty or nolo contendere before the

court;

(2) a bond forfeiture;

(3) a pretrial motion;

(4) a postconviction writ of habeas corpus;

(5) an examining trial;

(6) an occupational driver's license;

(7) an appeal of an administrative driver's license revocation

hearing; and

(8) any other matter the judge considers necessary and proper.

(b) The magistrate may not preside over a trial on the merits,

whether or not the trial is before a jury.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 215, Sec. 2, eff. May 23,

1997; Acts 1999, 76th Leg., ch. 811, Sec. 1, eff. Sept. 1, 1999.

Sec. 54.307. ORDER OF REFERRAL. (a) To refer one or more cases

to a magistrate, a judge must issue an order of referral

specifying the magistrate's duties.

(b) An order of referral may:

(1) limit the powers of the magistrate and direct the magistrate

to report only on specific issues, do particular acts, or receive

and report on evidence only;

(2) set the time and place for the hearing;

(3) prescribe a closing date for the hearing;

(4) provide a date for filing the magistrate's findings;

(5) designate proceedings for more than one case over which the

magistrate shall preside;

(6) direct the magistrate to call the court's docket; and

(7) set forth general powers and limitations of authority of the

magistrate applicable to any case referred.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.308. POWERS. (a) Except as limited by an order of

referral, a magistrate to whom a case is referred may:

(1) conduct hearings;

(2) hear evidence;

(3) compel production of relevant evidence;

(4) rule on admissibility of evidence;

(5) issue summons for the appearance of witnesses;

(6) examine witnesses;

(7) swear witnesses for hearings;

(8) make findings of fact on evidence;

(9) formulate conclusions of law;

(10) rule on a pretrial motion;

(11) recommend the rulings, orders, or judgment to be made in a

case;

(12) regulate proceedings in a hearing; and

(13) do any act and take any measure necessary and proper for

the efficient performance of the duties required by the order of

referral.

(b) A magistrate may not enter a ruling on any issue of law or

fact if that ruling could result in dismissal or require

dismissal of a pending criminal prosecution, but the magistrate

may make findings, conclusions, and recommendations on those

issues.

is appointed by a district court judge and to whom a case is

referred may accept a plea of guilty or nolo contendere in a

misdemeanor case for a county criminal court. The magistrate

shall forward any fee or fine collected for the misdemeanor

offense to the county clerk.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 522, Sec. 1, eff. June 17,

1987; Acts 1997, 75th Leg., ch. 215, Sec. 3, eff. May 23, 1997.

Sec. 54.309. COURT REPORTER. At the request of a party in a

felony case, the court shall provide a court reporter to record

the proceedings before the magistrate.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1997, 75th Leg., ch. 215, Sec. 4, eff. May 23,

1997.

Sec. 54.310. WITNESS. (a) A witness who appears before a

magistrate and is sworn is subject to the penalties for perjury

provided by law.

(b) A referring court may issue attachment against and may fine

or imprison a witness whose failure to appear after being

summoned or whose refusal to answer questions has been certified

to the court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.311. PAPERS TRANSMITTED TO JUDGE. At the conclusion of

the proceedings, a magistrate shall transmit to the referring

court any papers relating to the case, including the magistrate's

findings, conclusions, orders, recommendations, or other action

taken.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.312. JUDICIAL ACTION. (a) A referring court may

modify, correct, reject, reverse, or recommit for further

information any action taken by the magistrate.

(b) If the court does not modify, correct, reject, reverse, or

recommit an action of the magistrate, the action becomes the

decree of the court.

a magistrate are used, the referring court shall enter a decree

on the minutes adopting the actions of the magistrate of which

the court approves.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.313. COSTS OF MAGISTRATE. The court shall determine if

the nonprevailing party is able to defray the costs of the

magistrate. If the court determines that the nonprevailing party

is able to pay those costs, the court shall tax the magistrate's

fees as costs against the nonprevailing party.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER E. JUVENILE COURT REFEREES IN WICHITA COUNTY

Sec. 54.401. APPOINTMENT. Each judge of a district court or

each court designated a juvenile court of Wichita County may

appoint a referee in a civil case as provided by this subchapter.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.402. QUALIFICATIONS. A referee must be:

(1) a citizen of this state; and

(2) licensed to practice law in this state.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.403. COMPENSATION. (a) Any compensation given to a

referee shall be found and taxed in the manner provided by law

for taxing other costs in a civil case.

(b) The judge shall determine if the parties to the litigation

are able to defray the costs of the referee's compensation and

shall tax the compensation against the parties if the judge

determines that they are able to pay those costs. If the costs of

the referee's compensation are not taxed against the parties, the

commissioners court shall determine the compensation and pay it

out of the county jury fund.

the litigation owns real property in this state or is otherwise

able to defray the costs.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.404. CASES THAT MAY BE REFERRED BY DISTRICT COURT. A

judge of a district court may refer to a referee any civil case

involving a motion:

(1) of contempt for failure or refusal:

(A) to pay child support, temporary support, or separate

maintenance; or

(B) to comply with a court order concerning visitation with

children growing out of a separate maintenance or divorce action;

(2) for a change in child custody;

(3) for revision of child support payments; or

(4) for revision of visitation privileges.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.405. CASES THAT MAY BE REFERRED BY JUVENILE COURT. A

judge of a court designated a juvenile court may refer to a

referee any civil case involving:

(1) a child alleged to be dependent, neglected, or delinquent;

(2) any other matter over which the juvenile court has exclusive

jurisdiction.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.406. ORDER OF REFERRAL. An order referring a case to a

referee may:

(1) specify or limit the powers of the referee and direct the

referee to report only on particular issues, do particular acts,

or receive and report on evidence only;

(2) set the time and place for beginning and closing a hearing;

and

(3) set a date for filing a report.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.407. POWERS. Except as limited or specified by an order

referring a case, a referee may:

(1) hear evidence;

(2) make findings of fact on evidence;

(3) formulate conclusions of law;

(4) recommend judgment to be entered in a case;

(5) require production of evidence on any matter embraced by the

order;

(6) rule on admissibility of evidence;

(7) issue summons for the appearance of witnesses;

(8) swear witnesses for hearings;

(9) examine witnesses;

(10) regulate any proceeding in a hearing before the referee;

and

(11) do any act and take any measure necessary and proper for

the efficient performance of the referee's duties under the

order.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.408. NOTICE OF HEARING. Before a referee holds a

hearing, each party shall be given notice of the time and place

of the hearing as provided by law.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.409. WITNESS. (a) A witness who appears before a

referee and is sworn is subject to the penalties for perjury

provided by law.

(b) The referring court may issue attachment against and may

fine or imprison a witness whose failure to appear after being

summoned or whose refusal to answer questions has been certified

to the court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.410. PAPERS TRANSMITTED TO JUDGE. At the conclusion of

a hearing, a referee shall transmit to the referring judge any

papers relating to the case, including the referee's findings and

a statement that notice of the findings and of the right to a

hearing before the judge has been given to any principal and to

the parent, guardian, or custodian of any principal who is a

minor.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.411. JUDICIAL ACTION ON REFEREE'S REPORT. (a) A

referring court may adopt, modify, correct, reject, reverse, or

recommit for further information a referee's report.

(b) If the referee recommends a judgment, the court may approve

the recommendation and hear further evidence before rendering a

judgment.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.412. HEARING BEFORE JUDGE. (a) After receiving notice

of the referee's findings, any principal, minor, or the parent,

guardian, or custodian of a minor is entitled to a hearing before

the judge of the referring court.

(b) Notice of the right to a hearing before the judge may be

given at the hearing before the referee or otherwise as the

referring court directs.

court not later than the third day after the date notice of the

referee's findings is received by the principal, minor, parent,

guardian, or custodian.

(d) The court may allow the hearing at any time.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.413. DECREE OF COURT. If a hearing before a judge is

not requested, or the right to a hearing is waived, the findings

and recommendations of the referee become the decree of the court

when adopted by an order of the judge.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 54.414. JURY TRIAL DEMANDED. If a jury trial is demanded

in a proceeding, the referee shall refer the case back to the

referring court for a full hearing before the court and jury. The

hearing is subject to the usual rules of the court.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER F. ASSOCIATE JUDGES IN DALLAS COUNTY

Sec. 54.501. APPLICATION OF SUBCHAPTER. This subchapter applies

to the judges of the:

(1) 14th, 44th, 68th, 95th, 101st, 116th, 134th, 160th, 162nd,

191st, 192nd, 193rd, and 298th district courts; and

(2) any district courts in Dallas County that are required by

law to give preference to civil cases.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987.

Sec. 54.502. APPOINTMENT OF ASSOCIATE JUDGES. (a) The judges

may by majority vote appoint one or more full-time associate

judges for any civil matters.

(b) Each appointment is subject to the approval of the

commissioners court.

majority vote of the judges.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 2, eff.

Sept. 1, 2003.

Sec. 54.503. QUALIFICATIONS. An associate judge must:

(1) be a citizen of this state;

(2) be at least 25 years of age; and

(3) have practiced law in this state for at least four years

preceding the date of appointment and maintain a license to

practice law in this state during the term of appointment.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.504. COMPENSATION. An associate judge is entitled to

the compensation set by the commissioners court. The compensation

shall be paid from the general fund of the county.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 4, eff.

Sept. 1, 2003.

Sec. 54.505. JUDICIAL IMMUNITY. An associate judge has the same

judicial immunity as a district judge.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 5, eff.

Sept. 1, 2003.

Sec. 54.506. MATTERS THAT MAY BE REFERRED. A judge may refer

any civil case or portion of a civil case to an associate judge

for resolution.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 6, eff.

Sept. 1, 2003.

Sec. 54.5061. TRIAL ON THE MERITS. An associate judge may

conduct a trial on the merits on the agreement of all parties and

the consent of the referring court.

Added by Acts 2003, 78th Leg., ch. 318, Sec. 7, eff. Sept. 1,

2003.

Sec. 54.507. METHODS OF REFERRAL. A case may be referred to an

associate judge by an order of referral in a specific case or by

an omnibus order.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 8, eff.

Sept. 1, 2003.

Sec. 54.508. POWERS. Except as limited by an order of referral,

the associate judge may:

(1) conduct hearings;

(2) hear evidence;

(3) compel production of relevant evidence, including books,

papers, vouchers, documents, and other writings;

(4) rule on admissibility of evidence;

(5) issue summons for the appearance of witnesses;

(6) examine witnesses;

(7) swear witnesses for hearings;

(8) regulate proceedings in a hearing; and

(9) do any act and take any measure necessary and proper for the

efficient performance of the duties required by the order of

referral.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 9, eff.

Sept. 1, 2003.

Sec. 54.509. RECORD OF EVIDENCE. (a) A court reporter may be

provided during a hearing held by an associate judge appointed

under this subchapter. A court reporter is required to be

provided when the associate judge presides over a jury trial.

(b) A party, the associate judge, or the referring court may

provide for a reporter during the hearing if one is not otherwise

provided.

reporter by any other means approved by the associate judge.

(d) The referring court or associate judge may assess the

expense of preserving the record under Subsection (c) as costs.

(e) On appeal of the associate judge's report or proposed order,

the referring court may consider testimony or other evidence in

the record if the record is taken by a court reporter.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 10, eff.

Sept. 1, 2003.

Sec. 54.510. NOTICE OF DECISION; APPEAL. (a) After hearing a

matter, an associate judge shall notify each attorney

participating in the hearing of the associate judge's decision.

An associate judge's decision has the same force and effect as an

order of the referring court unless a party appeals the decision

as provided by Subsection (b).

(b) To appeal an associate judge's decision, other than the

issuance of a temporary restraining order or temporary

injunction, a party must file an appeal in the referring court

not later than the third day after the date the party receives

notice of the decision under Subsection (a).

is effective immediately and expires on the 15th day after the

date of issuance unless, after a hearing, the order is modified

or extended by the associate judge or a district judge.

(d) A temporary injunction issued by an associate judge is

effective immediately and continues during the pendency of a

trial unless, after a hearing, the order is modified by a

district judge.

(e) A matter appealed to the referring court shall be tried de

novo and shall be limited to only those matters specified in the

appeal. Except on leave of court, a party may not submit on

appeal any additional evidence or pleadings.

Added by Acts 1987, 70th Leg., ch. 148, Sec. 2.76(a), eff. Sept.

1, 1987. Amended by Acts 2003, 78th Leg., ch. 318, Sec. 11, eff.

Sept. 1, 2003.

SUBCHAPTER G. STATUTORY PROBATE COURT ASSOCIATE JUDGES

Sec. 54.601. DEFINITION. In this subchapter, "statutory probate

court" has the meaning assigned by Section 3, Texas Probate Code.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999.

Sec. 54.603. APPOINTMENT. (a) After obtaining the approval of

the commissioners court, the judge of a statutory probate court

by order may appoint a person to act as associate judge for the

statutory probate court.

(b) The commissioners court may authorize the appointment of an

associate judge for each court or may authorize one or more

associate judges to share service with two or more courts, if

more than one statutory probate court exists in a county.

associate judge's appointment must be made with the unanimous

approval of all the judges under whom the associate judge serves.

(d) An associate judge must meet the qualifications to serve as

a judge of the court to which the associate judge is appointed.

(e) An associate judge appointed under this subchapter may serve

as an associate judge appointed under Section 574.0085, Health

and Safety Code.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

334, Sec. 1, eff. September 1, 2009.

Sec. 54.604. TERMINATION OF ASSOCIATE JUDGE. (a) An associate

judge who serves a single court serves at the will of the judge

of that court.

(b) The employment of an associate judge who serves more than

two courts may only be terminated by a majority vote of all the

judges of the courts that the associate judge serves.

may be terminated by either of the judges of the courts that the

associate judge serves.

(d) The appointment of the associate judge terminates if:

(1) the associate judge becomes a candidate for election to

public office; or

(2) the commissioners court does not appropriate funds in the

county's budget to pay the salary of the associate judge.

(e) If an associate judge serves a single court and the

appointing judge vacates the judge's office, the associate

judge's employment continues, subject to Subsections (d) and (h),

unless the successor appointed or elected judge terminates that

employment.

(f) If an associate judge serves two courts and one of the

appointing judges vacates the judge's office, the associate

judge's employment continues, subject to Subsections (d) and (h),

unless the successor appointed or elected judge terminates that

employment or the judge of the other court served by the

associate judge terminates that employment as provided by

Subsection (c).

(g) If an associate judge serves more than two courts and an

appointing judge vacates the judge's office, the associate

judge's employment continues, subject to Subsections (d) and (h),

unless:

(1) if no successor judge has been elected or appointed, the

majority of the judges of the other courts the associate judge

serves vote to terminate that employment; or

(2) if a successor judge has been elected or appointed, the

majority of the judges of the courts the associate judge serves,

including the successor judge, vote to terminate that employment

as provided by Subsection (b).

(h) Notwithstanding the powers of an associate judge provided by

Section 54.610, an associate judge whose employment continues as

provided by Subsection (e), (f), or (g) after the judge of a

court served by the associate judge vacates the judge's office

may perform administrative functions with respect to that court,

but may not perform any judicial function, including any power

prescribed by Section 54.610, with respect to that court until a

successor judge is appointed or elected.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 4, eff. September 1, 2009.

Sec. 54.605. COMPENSATION. (a) An associate judge is entitled

to the compensation set by the appointing judge and approved by

the commissioners court. The salary of the associate judge may

not exceed the salary of the appointing judge.

(b) Except as provided by Subsection (c), the compensation of

the associate judge shall be paid by the county from the county

general fund. The compensation must be paid in the same manner

that the appointing judge's salary is paid.

in the county and subject to the approval of the county

commissioners court, the county may pay all or part of the

compensation of the associate judge from the excess contributions

remitted to the county under Section 25.00212 and deposited in

the contributions fund created under Section 25.00213.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

400, Sec. 2, eff. June 15, 2007.

Sec. 54.606. OATH. An associate judge must take the

constitutional oath of office required of appointed officers of

this state.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.607. MAGISTRATE. An associate judge appointed under

this subchapter is a magistrate.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.608. CASES THAT MAY BE REFERRED. (a) Except as

provided by this section, a judge of a court may refer to an

associate judge any aspect of a suit over which the probate court

has jurisdiction, including any matter ancillary to the suit.

(b) Unless a party files a written objection to the associate

judge hearing a trial on the merits, the judge may refer the

trial to the associate judge. A trial on the merits is any final

adjudication from which an appeal may be taken to a court of

appeals.

a trial on the merits or presiding at a jury trial not later than

the 10th day after the date the party receives notice that the

associate judge will hear the trial. If an objection is filed,

the referring court shall hear the trial on the merits or preside

at a jury trial.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.609. ORDER OF REFERRAL. (a) In referring a case to an

associate judge, the judge of the referring court shall render:

(1) an individual order of referral; or

(2) a general order of referral specifying the class and type of

cases to be heard by the associate judge.

(b) The order of referral may limit the power or duties of an

associate judge.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.610. POWERS OF ASSOCIATE JUDGE. (a) Except as limited

by an order of referral, an associate judge may:

(1) conduct a hearing;

(2) hear evidence;

(3) compel production of relevant evidence;

(4) rule on the admissibility of evidence;

(5) issue a summons for the appearance of witnesses;

(6) examine a witness;

(7) swear a witness for a hearing;

(8) make findings of fact on evidence;

(9) formulate conclusions of law;

(10) recommend an order to be rendered in a case;

(11) regulate all proceedings in a hearing before the associate

judge;

(12) take action as necessary and proper for the efficient

performance of the associate judge's duties;

(13) order the attachment of a witness or party who fails to

obey a subpoena;

(14) order the detention of a witness or party found guilty of

contempt, pending approval by the referring court as provided by

Section 54.616;

(15) without prejudice to the right to a de novo hearing under

Section 54.618, render and sign:

(A) a final order agreed to in writing as to both form and

substance by all parties;

(B) a final default order;

(D) a final order in a case in which a party files an unrevoked

waiver made in accordance with Rule 119, Texas Rules of Civil

Procedure, that waives notice to the party of the final hearing

or waives the party's appearance at the final hearing;

(E) an order specifying that the court clerk shall issue:

(i) letters testamentary or of administration; or

(ii) letters of guardianship; or

(F) an order for inpatient or outpatient mental health, mental

retardation, or chemical dependency services; and

(16) sign a final order that includes a waiver of the right to a

de novo hearing in accordance with Section 54.618.

(b) An associate judge may, in the interest of justice, refer a

case back to the referring court regardless of whether a timely

objection to the associate judge hearing the trial on the merits

or presiding at a jury trial has been made by any party.

and signed by an associate judge constitutes an order of the

referring court. The judge of the referring court shall sign the

order not later than the 30th day after the date the associate

judge signs the order.

(d) An answer filed by or on behalf of a party who previously

filed a waiver described in Subsection (a)(15)(D) revokes that

waiver.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 5, eff. September 1, 2009.

Sec. 54.611. ATTENDANCE OF BAILIFF. A bailiff shall attend a

hearing conducted by an associate judge if directed to attend by

the referring court.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.612. COURT REPORTER. (a) A court reporter may be

provided during a hearing held by an associate judge appointed

under this subchapter unless required by other law. A court

reporter is required to be provided when the associate judge

presides over a jury trial.

(b) A party, the associate judge, or the referring court may

provide for a reporter during the hearing, if one is not

otherwise provided.

court reporter or on agreement of the parties, the record may be

preserved by any means approved by the referring court.

(d) The referring court or associate judge may impose on a party

the expense of preserving the record as a court cost.

(e) On a request for a de novo hearing, the referring court may

consider testimony or other evidence in the record, if the record

is taken by a court reporter, in addition to witnesses or other

matters presented under Section 54.618.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 6, eff. September 1, 2009.

Sec. 54.613. WITNESS. (a) A witness appearing before an

associate judge is subject to the penalties for perjury provided

by law.

(b) A referring court may fine or imprison a witness who:

(1) fails to appear before an associate judge after being

summoned; or

(2) improperly refuses to answer a question if the refusal has

been certified to the court by the associate judge.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.614. REPORT. (a) The associate judge's report may

contain the associate judge's findings, conclusions, or

recommendations. The associate judge shall prepare a written

report in the form directed by the referring court, including in

the form of:

(1) a notation on the referring court's docket sheet; or

(2) a proposed order.

(b) After a hearing, the associate judge shall provide the

parties participating in the hearing notice of the substance of

the associate judge's report, including any proposed order.

(1) in open court, by an oral statement or a copy of the

associate judge's written report;

(2) by certified mail, return receipt requested; or

(3) by facsimile transmission.

(d) There is a rebuttable presumption that notice is received on

the date stated on:

(1) the signed return receipt, if notice was provided by

certified mail; or

(2) the confirmation page produced by the facsimile machine, if

notice was provided by facsimile transmission.

(e) After a hearing conducted by an associate judge, the

associate judge shall send the associate judge's signed and dated

report, including any proposed order, and all other papers

relating to the case to the referring court.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 3, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 7, eff. September 1, 2009.

Sec. 54.615. NOTICE OF RIGHT TO DE NOVO HEARING BEFORE REFERRING

COURT. (a) An associate judge shall give all parties notice of

the right to a de novo hearing before the referring court.

(b) The notice may be given:

(1) by oral statement in open court;

(2) by posting inside or outside the courtroom of the referring

court; or

(3) as otherwise directed by the referring court.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 4, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 9, eff. September 1, 2009.

Sec. 54.616. ORDER OF COURT. (a) Pending a de novo hearing

before the referring court, a proposed order or judgment of the

associate judge has the force and effect, and is enforceable as,

an order or judgment of the referring court, except for an order

providing for the appointment of a receiver.

(b) Except as provided by Section 54.610(c), if a request for a

de novo hearing before the referring court is not timely filed or

the right to a de novo hearing before the referring court is

waived, the proposed order or judgment of the associate judge

becomes the order or judgment of the referring court at the time

the judge of the referring court signs the proposed order or

judgment.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 5, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 10, eff. September 1, 2009.

Sec. 54.617. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED ORDER

OR JUDGMENT. (a) Unless a party files a written request for a

de novo hearing before the referring court, the referring court

may:

(1) adopt, modify, or reject the associate judge's proposed

order or judgment;

(2) hear further evidence; or

(3) recommit the matter to the associate judge for further

proceedings.

(b) The judge of the referring court shall sign a proposed order

or judgment the court adopts as provided by Subsection (a)(1) not

later than the 30th day after the date the associate judge signed

the order or judgment.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 5, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 11, eff. September 1, 2009.

Sec. 54.618. DE NOVO HEARING BEFORE REFERRING COURT. (a) A

party may request a de novo hearing before the referring court by

filing with the clerk of the referring court a written request

not later than the seventh working day after the date the party

receives notice of the substance of the associate judge's report

as provided by Section 54.614.

(b) A request for a de novo hearing under this section must

specify the issues that will be presented to the referring court.

parties may present witnesses on the issues specified in the

request for hearing. The referring court may also consider the

record from the hearing before the associate judge, including the

charge to and verdict returned by a jury, if the record was taken

by a court reporter.

(d) Notice of a request for a de novo hearing before the

referring court must be given to the opposing attorney in the

manner provided by Rule 21a, Texas Rules of Civil Procedure.

(e) If a request for a de novo hearing before the referring

court is filed by a party, any other party may file a request for

a de novo hearing before the referring court not later than the

seventh day after the date of filing of the initial request.

(f) The referring court, after notice to the parties, shall hold

a de novo hearing not later than the 30th day after the date on

which the initial request for a de novo hearing was filed with

the clerk of the referring court, unless all of the parties agree

to a later date.

(g) Before the start of a hearing conducted by an associate

judge, the parties may waive the right of a de novo hearing

before the referring court. The waiver may be in writing or on

the record.

(h) The denial of relief to a party after a de novo hearing

under this section or a party's waiver of the right to a de novo

hearing before the referring court does not affect the right of a

party to file a motion for new trial, motion for judgment

notwithstanding the verdict, or other post-trial motion.

(i) A party may not demand a second jury in a de novo hearing

before the referring court if the associate judge's proposed

order or judgment resulted from a jury trial.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 6, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 12, eff. September 1, 2009.

Sec. 54.619. APPELLATE REVIEW. (a) A party's failure to

request a de novo hearing before the referring court or a party's

waiver of the right to request a de novo hearing before the

referring court does not deprive the party of the right to appeal

to or request other relief from a court of appeals or the supreme

court.

(b) Except as provided by Subsection (c), the date the judge of

a referring court signs an order or judgment is the controlling

date for the purposes of appeal to or request for other relief

from a court of appeals or the supreme court.

signed by an associate judge is the controlling date for the

purpose of an appeal to, or a request for other relief relating

to the order from, a court of appeals or the supreme court.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 7, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1206, Sec. 13, eff. September 1, 2009.

Sec. 54.620. IMMUNITY. An associate judge appointed under this

subchapter has the judicial immunity of a probate judge. All

existing immunity granted an associate judge by law, express or

implied, continues in full force and effect.

Added by Acts 1999, 76th Leg., ch. 1503, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1066, Sec. 8, eff.

Sept. 1, 2003.

SUBCHAPTER H. CRIMINAL LAW MAGISTRATES IN TARRANT COUNTY

Sec. 54.651. APPOINTMENT. (a) The judges of the district

courts of Tarrant County that give preference to criminal cases,

the judges of the criminal district courts of Tarrant County, and

the judges of the county criminal courts of Tarrant County, with

the consent and approval of the Commissioners Court of Tarrant

County, shall jointly appoint the number of magistrates set by

the commissioners court to perform the duties authorized by this

subchapter.

(b) Each magistrate's appointment must be made with the approval

of at least two-thirds of all the judges described in Subsection

(a).

judges described in Subsection (a), each magistrate shall serve

equally in the courts of those judges.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987. Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 1, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 910, Sec. 1, eff. Sept.

1, 2003.

Sec. 54.652. QUALIFICATIONS. To be eligible for appointment as

a magistrate, a person must:

(1) be a resident of this state; and

(2) have been licensed to practice law in this state for at

least four years.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.653. COMPENSATION. (a) A magistrate is entitled to the

salary determined by the Commissioners Court of Tarrant County.

(b) The salary may not be less than the salary authorized to be

paid to a master for family law cases appointed under Subchapter

available for payment of officers' salaries.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.654. JUDICIAL IMMUNITY. A magistrate has the same

judicial immunity as a district judge.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.655. TERMINATION OF SERVICES. (a) A magistrate who

serves a single court serves at the will of the judge.

(b) The services of a magistrate who serves more than one court

may be terminated by a majority vote of all the judges whom the

magistrate serves.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.656. PROCEEDING THAT MAY BE REFERRED. (a) A judge may

refer to a magistrate any criminal case for proceedings

involving:

(1) a negotiated plea of guilty before the court;

(2) a bond forfeiture;

(3) a pretrial motion;

(4) a postconviction writ of habeas corpus;

(5) an examining trial;

(6) an occupational driver's license; and

(7) any other matter the judge considers necessary and proper.

(b) A magistrate may accept a plea of guilty from a defendant

charged with misdemeanor, felony, or both misdemeanor and felony

offenses.

over a trial on the merits, whether or not the trial is before a

jury.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987. Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 2, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 910, Sec. 2, eff. Sept.

1, 2003.

Sec. 54.657. ORDER OF REFERRAL. (a) To refer one or more cases

to a magistrate, a judge must issue an order of referral

specifying the magistrate's duties.

(b) An order of referral may:

(1) limit the powers of the magistrate and direct the magistrate

to report only on specific issues, do particular acts, or receive

and report on evidence only;

(2) set the time and place for the hearing;

(3) prescribe a closing date for the hearing;

(4) provide a date for filing the magistrate's findings;

(5) designate proceedings for more than one case over which the

magistrate shall preside;

(6) direct the magistrate to call the court's docket; and

(7) set forth general powers and limitations of authority of the

magistrate applicable to any case referred.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.658. POWERS. (a) Except as limited by an order of

referral, a magistrate to whom a case is referred may:

(1) conduct hearings;

(2) hear evidence;

(3) compel production of relevant evidence;

(4) rule on admissibility of evidence;

(5) issue summons for the appearance of witnesses;

(6) examine witnesses;

(7) swear witnesses for hearings;

(8) make findings of fact on evidence;

(9) formulate conclusions of law;

(10) rule on a pretrial motion;

(11) recommend the rulings, orders, or judgment to be made in a

case;

(12) regulate proceedings in a hearing;

(13) accept a plea of guilty from a defendant charged with

misdemeanor, felony, or both misdemeanor and felony offenses;

(14) select a jury; and

(15) do any act and take any measure necessary and proper for

the efficient performance of the duties required by the order of

referral.

(b) A magistrate may not enter a ruling on any issue of law or

fact if that ruling could result in dismissal or require

dismissal of a pending criminal prosecution, but the magistrate

may make findings, conclusions, and recommendations on those

issues.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987. Amended by Acts 2003, 78th Leg., ch. 910, Sec. 3, eff.

Sept. 1, 2003.

Sec. 54.659. COURT REPORTER. At the request of a party in a

felony case, the court shall provide a court reporter to record

the proceedings before the magistrate.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987. Amended by Acts 1997, 75th Leg., ch. 1147, Sec. 3, eff.

Sept. 1, 1997.

Sec. 54.660. WITNESS. (a) A witness who appears before a

magistrate and is sworn is subject to the penalties for perjury

provided by law.

(b) A referring court may issue attachment against and may fine

or imprison a witness whose failure to appear after being

summoned or whose refusal to answer questions has been certified

to the court.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.661. PAPERS TRANSMITTED TO JUDGE. At the conclusion of

the proceedings, a magistrate shall transmit to the referring

court any papers relating to the case, including the magistrate's

findings, conclusions, orders, recommendations, or other action

taken.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.662. JUDICIAL ACTION. (a) A referring court may

modify, correct, reject, reverse, or recommit for further

information any action taken by the magistrate.

(b) If the court does not modify, correct, reject, reverse, or

recommit an action of the magistrate, the action becomes the

decree of the court.

a magistrate are used, the referring court shall enter a decree

on the minutes adopting the actions of the magistrate of which

the court approves.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

Sec. 54.663. COSTS OF MAGISTRATE. The court shall determine if

the nonprevailing party is able to defray the costs of the

magistrate. If the court determines that the nonprevailing party

is able to pay those costs, the court shall tax the magistrate's

fees as costs against the nonprevailing party.

Added by Acts 1987, 70th Leg., ch. 81, Sec. 1, eff. Aug. 31,

1987.

SUBCHAPTER I. JUVENILE LAW MASTERS IN HARRIS COUNTY

Sec. 54.681. APPOINTMENT. (a) A majority of the judges of the

courts that are designated as juvenile courts in Harris County

may determine that one or more full-time or part-time masters are

needed to serve those courts.

(b) The judges shall issue an order reflecting that

determination and specifying the number of masters needed.

commissioners court of Harris County, each judge may appoint one

or more masters to serve the judge's court.

(d) Judges may act together to appoint a master to serve their

courts.

Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.03, eff. Aug. 31,

1987. Renumbered from Sec. 54.501 by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01(24), eff. Aug. 28, 1989.

Sec. 54.682. QUALIFICATIONS. A master must:

(1) be a citizen and resident of this state; and

(2) have been licensed to practice law in this state for at

least four years.

Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.03, eff. Aug. 31,

1987. Renumbered from Sec. 54.502 by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01(24), eff. Aug. 28, 1989.

Sec. 54.683. ORDER OF APPOINTMENT. The order appointing a

master must be entered in the minutes of each court making the

order and state:

(1) the master's name and state bar identification number;

(2) the name of each court the master will serve; and

(3) the date the master's service is to begin.

Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.03, eff. Aug. 31,

1987. Renumbered from Sec. 54.503 by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01(24), eff. Aug. 28, 1989.

Sec. 54.684. COMPENSATION. The commissioners court shall set

the compensation for masters and determine the total amount the

county will pay as compensation for masters.

Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.03, eff. Aug. 31,

1987. Renumbered from Sec. 54.504 by Acts 1989, 71st Leg., ch. 2,

Sec. 16.01(24), eff. Aug. 28, 1989.

Sec. 54.685. JUDICIAL IMMUNITY. A master appointed under this

Act has the same judicial immunity as a district judge.

Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.03, eff. Aug. 31,

1987. Renumbered from Sec. 54.505 by A

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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