Sec. 54.977. ORDER OF REFERRAL. (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.
(b) An order of referral may:
(1) limit the powers of the magistrate and direct the magistrate to report only 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.
(c) A judge may issue a general order of referral authorizing the magistrate to act on certain types of matters without requiring an order for each referral. Items that may be in the general order of referral include:
(1) waivers of extradition;
(2) search warrants;
(3) bench warrants;
(4) grand jury subpoenas;
(5) subpoenas and orders requiring the production of medical records, including records relating to mental health and substance abuse treatment; and
(6) records and other matters relating to the grand jury.
Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856), Sec. 2, eff. June 17, 2011.
Structure Texas Statutes
Subtitle D - Judicial Personnel and Officials
Chapter 54 - Masters; Magistrates; Referees; Associate Judges
Subchapter Q. Criminal Law Magistrates in Travis County
Section 54.972. Qualifications
Section 54.974. Judicial Immunity
Section 54.975. Termination of Services
Section 54.976. Proceedings That May Be Referred
Section 54.977. Order of Referral
Section 54.979. Record of Proceedings
Section 54.981. Papers Transmitted to the Judge