Sec. 54.878. 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 for a misdemeanor or felony or a plea of true from a defendant or juvenile, regardless of the classification of the offense charged or the conduct alleged; and
(14) 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 1989, 71st Leg., ch. 25, Sec. 1, eff. Aug. 28, 1989. Amended by Acts 1999, 76th Leg., ch. 602, Sec. 4, eff. June 18, 1999.
Structure Texas Statutes
Subtitle D - Judicial Personnel and Officials
Chapter 54 - Masters; Magistrates; Referees; Associate Judges
Subchapter M. Magistrates in Lubbock County
Section 54.872. Qualifications
Section 54.874. Judicial Immunity
Section 54.875. Termination of Services
Section 54.876. Proceeding That May Be Referred
Section 54.877. Order of Referral
Section 54.879. Court Reporter
Section 54.881. Papers Transmitted to Judge