Goto previous pageGoto next page
pg. 343

Texas Laws | Government Code
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH

(d) The judges of the county courts at law subject to this subchapter shall, with the consent and approval of the Commissioners Court of Travis County, jointly appoint the magistrates that will assist the county courts at law. Each magistrate's appointment under this subsection must be made with the unanimous approval of the judges of the county courts at law subject to this subchapter. (13043)

(e) In addition to the requirements of Subsection (b) or (d), a magistrate appointed to assist only one court must be approved by the judge of that court. (13044)

Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003. (13045)

Sec. 54.972. QUALIFICATIONS. (13046)(Text)

A magistrate must: (13047)

(1) be a resident of this state and of Travis County; and (13048)

(2) have been licensed to practice law in this state for at least four years. (13049)

Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. (13050)

Sec. 54.973. COMPENSATION. (13051)(Text)

(a) A magistrate is entitled to the salary determined by the Commissioners Court of Travis County. (13052)

(b) The salary may not be less than the salary authorized to be paid to a master for family law cases appointed under Subchapter A, Chapter 201, Family Code, unless a lesser salary is recommended by the judges described by Section 54.971 and approved by the commissioners court. (13053)

(c) The magistrate's salary is paid from the county fund available for payment of officers' salaries. (13054)

Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 1999, 76th Leg., ch. 861, Sec. 1, eff. Sept. 1, 1999. (13055)

Sec. 54.974. JUDICIAL IMMUNITY. (13056)(Text)

A magistrate has the same judicial immunity as a district judge or a judge of a county court at law, as applicable. (13057)

Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003. (13058)

Sec. 54.975. TERMINATION OF SERVICES. (13059)(Text)

(a) A magistrate who serves a single court serves at the will of the judge. (13060)

(b) The services of a magistrate who serves more than one court may be terminated by a majority vote of the appointing judges. (13061)

Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. (13062)

Sec. 54.976. PROCEEDINGS THAT MAY BE REFERRED. (13063)(Text)

(a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving: (13064)

(1) a negotiated plea of guilty or no contest and sentencing; (13065)

(2) a pretrial motion; (13066)

(3) an examining trial; (13067)

(4) a writ of habeas corpus; (13068)

(5) a bond forfeiture suit; (13069)

(6) issuance of search warrants; (13070)

(7) setting, setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds; (13071)

(8) arraignment of defendants; (13072)

(9) a motion to increase or decrease a bond; (13073)

(10) a motion to revoke community supervision or to proceed to an adjudication; (13074)

(11) an issue of competency or a civil commitment under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or without a jury; (13075)

(12) a motion to modify community supervision; (13076)

(13) specialty court proceedings, including drug court proceedings, veterans treatment court proceedings, and driving while intoxicated court proceedings; (13077)

(14) an expunction or a petition for nondisclosure; (13078)

(15) an occupational driver's license; (13079)

(16) a waiver of extradition; (13080)

(17) the issuance of subpoenas and orders requiring the production of medical records, including records relating to mental health or substance abuse treatment; and (13081)

(18) any other matter the judge considers necessary and proper. (13082)

(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. (13083)

(c) A judge may refer to a magistrate any proceeding involving an application for a protective order under Title 4, Family Code, or Section 17.292, Code of Criminal Procedure. (13084)

(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. (13085)

Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 1993, 73rd Leg., ch. 413, Sec. 3, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003. (13086)

Amended by: (13087)

Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856), Sec. 1, eff. June 17, 2011. (13088)

Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 9, eff. September 1, 2015. (13089)

Sec. 54.977. ORDER OF REFERRAL. (13090)(Text)

(a) To refer one or more cases or matters to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. (13091)

Goto previous page343Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.