CHAPTER 54. MASTERS; MAGISTRATES; REFEREES; ASSOCIATE JUDGES
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).
(c) A magistrate appointed under this subchapter may be
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.
(c) A magistrate serves at the will of the judge.
(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.
(c) A magistrate shall give preference to performing the duties
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.
(c) Appointment as a master is not valid unless the appointee
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.
(c) A judge may not refer to a master any case for trial on the
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.
(c) If a magistrate serves more than one court, the magistrate's
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
A.
(c) The magistrate's salary is paid from the county fund
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.
(c) Except as limited by an order of referral, a magistrate who
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.
(c) At the conclusion of each term during which the services of
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.
(c) Costs may not be taxed against the county if any party to
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;
or
(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.
(c) A request for a hearing must be filed with the referring
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.
(c) An associate judge's services may be terminated by a
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.
(c) The record may be preserved in the absence of a court
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).
(c) A temporary restraining order issued by an associate judge
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.
(c) If an associate judge serves more than one court, the
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.
(c) The employment of an associate judge who serves two courts
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.
(c) On the recommendation of the statutory probate court judges
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.
(c) A party must file an objection to an associate judge hearing
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;
(C) a temporary 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.
(c) An order described by Subsection (a)(15) that is rendered
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.
(c) Except as provided by Subsection (a), in the absence of a
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.
(c) Notice may be given to the parties:
(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.
(c) In the de novo hearing before the referring court, the
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.
(c) The date an order described by Section 54.610(a)(15) is
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).
(c) If the number of magistrates is less than the number of
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
A.
(c) The magistrate's salary is paid from the county fund
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.
(c) A magistrate may select a jury. A magistrate may not preside
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.
(c) At the conclusion of each term during which the services of
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.
(c) Subject to the determination of need and the approval of the
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