GOVERNMENT CODE
CHAPTER 54. MASTERS; MAGISTRATES; REFEREES; ASSOCIATE JUDGES
SUBCHAPTER C. CRIMINAL LAW MASTERS IN JEFFERSON COUNTY
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 468, § 2, eff. June 9, 1993.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 3, eff. June 9, 1993.
SUBCHAPTER D. CRIMINAL LAW MAGISTRATES IN DALLAS COUNTY
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 215, § 1, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 54.304. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 215, § 2, eff. May 23, 1997; Acts
1999, 76th Leg., ch. 811, § 1, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 522, § 1, eff. June 17, 1987; Acts
1997, 75th Leg., ch. 215, § 3, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1997, 75th Leg., ch. 215, § 4, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
SUBCHAPTER E. JUVENILE COURT REFEREES IN WICHITA COUNTY
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
SUBCHAPTER F. ASSOCIATE JUDGES IN DALLAS COUNTY
§ 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, § 2.76(a), eff. Sept. 1,
1987.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 2, eff. Sept.
1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 3, eff. Sept.
1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 4, eff. Sept.
1, 2003.
§ 54.505. JUDICIAL IMMUNITY. An associate judge has the
same judicial immunity as a district judge.
Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 5, eff. Sept.
1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 6, eff. Sept.
1, 2003.
§ 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, § 7, eff. Sept. 1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 8, eff. Sept.
1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 9, eff. Sept.
1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 10, eff. Sept.
1, 2003.
§ 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, § 2.76(a), eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg., ch. 318, § 11, eff. Sept.
1, 2003.
SUBCHAPTER G. STATUTORY PROBATE COURT ASSOCIATE JUDGES
§ 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, § 1, eff. Sept. 1, 1999.
§ 54.602. APPLICATION. This subchapter does not apply
to the statutory probate courts of:
(1) Dallas County; or
(2) Harris County, except Probate Court No. 1.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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 a master appointed under Section 574.0085, Health and
Safety Code.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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 appointing judge vacates the judge's office;
(2) the associate judge becomes a candidate for
election to public office; or
(3) the commissioners court does not appropriate funds
in the county's budget to pay the salary of the associate judge.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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) The compensation of the associate judge shall be paid by
the county from the county general fund in the same manner that the
appointing judge's salary is paid.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 54.607. MAGISTRATE. An associate judge appointed
under this subchapter is a magistrate.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 54.610. POWERS OF ASSOCIATE JUDGE. 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; and
(12) take action as necessary and proper for the
efficient performance of the associate judge's duties.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 54.612. COURT REPORTER. (a) A court reporter is not
required during a hearing held by an associate judge appointed
under this subchapter unless required by other law.
(b) A party, the associate judge, or the referring court may
provide for a reporter during the hearing.
(c) The record of a hearing before an associate judge 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.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 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. The form may be
a notation on the referring court's docket sheet.
(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.
(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; or
(2) by certified mail, return receipt requested.
(d) The associate judge shall certify the date of mailing of
notice by certified mail. Notice is considered given on the third
day after the date of mailing.
(e) After a hearing conducted by an associate judge, the
associate judge shall send the associate judge's signed and dated
report and all other papers relating to the case to the referring
court.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 3, eff. Sept. 1,
2003.
§ 54.615. NOTICE OF RIGHT TO APPEAL. (a) An associate
judge shall give all parties notice of the right of appeal to the
judge of 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 4, eff. Sept. 1,
2003.
§ 54.616. ORDER OF COURT. (a) Pending appeal of the
associate judge's report to the referring court, the decisions and
recommendations of the associate judge's report have the force and
effect, and are enforceable as, an order of the referring court,
except for orders providing for incarceration or for the
appointment of a receiver.
(b) If an appeal to the referring court is not filed or the
right to an appeal to the referring court is waived, the findings
and recommendations of the associate judge become the order of the
referring court at the time the judge of the referring court signs
an order conforming to the associate judge's report.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 5, eff. Sept. 1,
2003.
§ 54.617. JUDICIAL ACTION ON ASSOCIATE JUDGE'S
REPORT. Unless a party files a written notice of appeal, the
referring court may:
(1) adopt, modify, or reject the associate judge's
report;
(2) hear further evidence; or
(3) recommit the matter to the associate judge for
further proceedings.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 5, eff. Sept. 1,
2003.
§ 54.618. APPEAL TO REFERRING COURT. (a) A party may
appeal an associate judge's report by filing notice of appeal not
later than the third day after the date the party receives notice of
the substance of the associate judge's report as provided by
Section 54.614.
(b) An appeal to the referring court must be made in writing
and specify the findings and conclusions of the associate judge to
which the party objects. The appeal is limited to the findings and
conclusions specified in the written appeal.
(c) The parties may present witnesses on appeal to the
referring court as in a hearing de novo on the issues raised in the
appeal.
(d) Notice of an appeal to the referring court must be given
to the opposing attorney in the manner provided by Rule 21a, Texas
Rules of Civil Procedure.
(e) If an appeal to the referring court is filed by a party,
any other party may file an appeal to the referring court not later
than the seventh day after the date of filing of the initial appeal.
(f) The referring court, after notice to the parties, shall
hold a hearing on all appeals not later than the 30th day after the
date on which the initial appeal was filed with 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 appeal to the referring
court. The waiver may be in writing or on the record.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 6, eff. Sept. 1,
2003.
§ 54.619. APPELLATE REVIEW. (a) Failure to appeal to
the referring court, by waiver or otherwise, the approval by the
referring court of an associate judge's report does not deprive a
party of the right to appeal to or request other relief from a court
of appeals or the supreme court.
(b) 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.
Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 7, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1066, § 8, eff. Sept. 1,
2003.
SUBCHAPTER H. CRIMINAL LAW MAGISTRATES IN TARRANT COUNTY
§ 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, § 1, eff. Aug. 31, 1987.
Amended by Acts 1997, 75th Leg., ch. 1147, § 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 910, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
§ 54.654. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
Amended by Acts 1997, 75th Leg., ch. 1147, § 2, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 910, § 2, eff. Sept. 1, 2003.
§ 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, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
Amended by Acts 2003, 78th Leg., ch. 910, § 3, eff. Sept. 1,
2003.
§ 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, § 1, eff. Aug. 31, 1987.
Amended by Acts 1997, 75th Leg., ch. 1147, § 3, eff. Sept. 1,
1997.
§ 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, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
§ 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, § 1, eff. Aug. 31, 1987.
SUBCHAPTER I. JUVENILE LAW MASTERS IN HARRIS COUNTY
§ 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, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.501 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 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, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.502 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 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, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.503 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 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, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.504 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 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, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.505 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.686. TERMINATION OF EMPLOYMENT. (a) A master who
serves a single court serves at the will of the judge of that court.
(b) The employment of a master who serves two courts may be
terminated by either of the judges of those courts.
(c) The employment of a master who serves more than two
courts may be terminated by a majority of the judges of those
courts.
(d) To terminate a master's employment, the appropriate
judges must sign a written order of termination. The order must
state:
(1) the master's name and state bar identification
number;
(2) each court ordering termination; and
(3) the date the master's employment ends.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.506 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.687. WITHDRAWAL OF APPOINTMENT FOR A PARTICULAR
COURT. The judge of a court for which a master has been appointed
may withdraw the master's appointment to that court by written
order. The order must state:
(1) the master's name and state bar identification
number;
(2) the name of the court ordering the withdrawal; and
(3) the date the master's services end as to that
court.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.507 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.688. CASES THAT MAY BE REFERRED. A judge may refer
to a master any civil case or portion of a civil case brought:
(1) under Title 1, 2, 3, 4, or 5, Family Code; or
(2) in connection with Rule 308a, Texas Rules of Civil
Procedure.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.508 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989. Amended by Acts 1997, 75th
Leg., ch. 165, § 7.34, eff. Sept. 1, 1997.
§ 54.689. METHOD OF REFERRAL. A case may be referred as
prescribed by published local rules or by written orders.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.509 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.690. POWERS. (a) An order of referral may limit
the use or power of a master.
(b) Unless limited by published local rule, by written
order, or by an order of referral, a master may perform all acts and
take all measures necessary and proper to perform the tasks
assigned in a referral.
(c) A master may administer oaths.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.510 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.691. EFFECT ON TEMPORARY RESTRAINING
ORDER. (a) The referral of a case or a portion of a case to a
master does not affect a party's right to have a court grant or
extend a temporary restraining order and does not prevent the
expiration of a temporary restraining order.
(b) Until a judge signs an order concerning the findings and
recommendations of a master, the findings and recommendations do
not affect an existing temporary restraining order or the
expiration or extension of that order.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.511 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.692. JURY. (a) Except as provided by Subsection
(b), if a jury trial is demanded in a case referred to a master, the
master shall refer the case back to the referring court for a full
hearing according to the usual rules applicable to the case.
(b) A jury demand does not affect the authority of a master
to handle pretrial matters referred to the master.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.512 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.693. COURT REPORTER. (a) A court reporter need
not be provided during a hearing conducted by a master.
(b) Notwithstanding Subsection (a), a referring judge may
require a reporter at any hearing.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.513 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.694. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If
an attorney, party, witness, or any other person fails to comply
with a summons or order, the master may certify in writing that
failure to the referring court for appropriate action.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.514 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.695. WITNESSES. (a) A witness appearing before a
master is subject to the penalties of perjury as provided by Chapter
37, Penal Code.
(b) A witness referred to the court under Section 54.514 is
subject to the same penalties and orders that may be imposed on a
witness appearing in a hearing before the court.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.515, by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.696. RETURN TO REFERRING COURT; FINDINGS. After a
hearing is concluded, the master shall send to the referring judge
all papers relating to the case and the written findings of the
master.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.516 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.697. COURT ACTION ON REPORT. (a) After the court
receives the master's report, the court may adopt, modify, correct,
reject, or reverse the master's report or may recommit it for
further information, as the court determines to be proper and
necessary in each case.
(b) If a judgment has been recommended, the court may
approve the recommendation and hear more evidence before making its
judgment.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.517 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.698. DECREE OR JUDGMENT. The finding and
recommendations become the decree or judgment of the court when
adopted and approved by an order of the judge.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.518 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.699. MASTERS IN CHANCERY. This subchapter does not
prohibit a court from appointing a master in chancery as provided by
Rule 171, Texas Rules of Civil Procedure.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.519 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
§ 54.700. REFEREES. (a) A master appointed under this
subchapter may serve as a referee as provided by Sections 51.04(g)
and 54.10, Family Code.
(b) A referee appointed under Section 51.04(g), Family
Code, may be appointed to serve as a master under this Act.
Added by Acts 1987, 70th Leg., ch. 674, § 3.03, eff. Aug. 31,
1987. Renumbered from § 54.520 by Acts 1989, 71st Leg., ch. 2,
§ 16.01(24), eff. Aug. 28, 1989.
SUBCHAPTER J. EL PASO CRIMINAL LAW MAGISTRATE COURT
§ 54.731. SHORT TITLE. This subchapter may be cited as
the El Paso Criminal Law Magistrates Act.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.732. CREATION. The El Paso Criminal Law Magistrate
Court is a court having the jurisdiction provided by this
subchapter over offenses allegedly committed in El Paso County
except for that portion of the county in the corporate limits of
Vinton, Texas.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.733. JURISDICTION. (a) Except as provided by
Subsection (b), the criminal law magistrate court has the criminal
jurisdiction provided by the constitution and laws of this state
for county courts.
(b) The criminal law magistrate court does not have
jurisdiction to:
(1) hear a trial of a misdemeanor offense, other than a
Class C misdemeanor, on the merits if a jury trial is demanded; or
(2) hear a trial of a misdemeanor, other than a Class C
misdemeanor, on the merits if a defendant pleads not guilty.
(c) The criminal law magistrate court has the jurisdiction
provided by the constitution and laws of this state for
magistrates. A judge of the criminal law magistrate court is a
magistrate as that term is defined by Section 2.09, Code of Criminal
Procedure.
(d) Except as provided by Subsection (e), the criminal law
magistrate court has the criminal jurisdiction provided by the
constitution and laws of the state for a district court.
(e) The criminal law magistrate court does not have
jurisdiction to:
(1) hear a trial of a felony offense on the merits if a
jury trial is demanded;
(2) hear a trial of a felony offense on the merits if a
defendant pleads not guilty;
(3) sentence in a felony case unless the judge in whose
court the case is pending assigned the case to the criminal law
magistrate court for a guilty plea and sentence; or
(4) hear any part of a capital murder case after
indictment.
(f) A criminal law magistrate court may not issue writs of
habeas corpus in felony cases but may hear and grant relief on a
writ of habeas corpus that is issued by a district court and that is
assigned by the district court to the criminal law magistrate
court.
(g) A felony or misdemeanor indictment may not be filed in
or transferred to the criminal law magistrate court.
(h) A felony or misdemeanor information may not be filed in
or transferred to the criminal law magistrate court.
(i) A judge of the criminal law magistrate court shall
exercise jurisdiction granted by this subchapter over felony and
misdemeanor indictments and informations only as judge presiding
for the court in which the indictment or information is pending and
under the limitations set out in the assignment order by the
assigning court or as provided by local administrative rules.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.734. TERM OF COURT. The criminal law magistrate
court has two terms of court beginning on the first Mondays in
January and July.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.735. POWERS AND DUTIES. The criminal law
magistrate court or a judge of the criminal law magistrate court may
issue writs of injunction and all other writs necessary for the
enforcement of the jurisdiction of the court and may issue
misdemeanor writs of habeas corpus in cases in which the offense
charged is within the jurisdiction of the court or of any other
court of inferior jurisdiction in the county. The court and the
judge may punish for contempt as provided by law for district
courts. A judge of the criminal law magistrate court has all other
powers, duties, immunities, and privileges provided by law for
county court judges when acting in a misdemeanor case and for
district court judges when acting in a felony case.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.736. COUNCIL OF JUDGES. (a) The El Paso Council
of Judges is composed of the judges of the district courts of El
Paso County and the judges of the county courts at law of El Paso
County.
(b) The council of judges shall ensure that the criminal law
magistrate court gives preference to magistrate duties, as those
duties apply to the county jail inmate population, until the
commissioners court provides funds for more than one judge to sit on
the criminal law magistrate court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.737. ADMINISTRATIVE RULES. (a) The El Paso
Council of Judges by majority vote shall include in the local rules
of administration adopted as provided by Subchapter D, Chapter 74,
rules for the administration of the criminal law magistrate court.
(b) The rules may provide for:
(1) assignment and hearing of all criminal cases
subject to the jurisdictional limitations of the criminal law
magistrate court;
(2) designation of a particular judge of the criminal
law magistrate court to be responsible for certain matters;
(3) fair and equitable division of caseloads of
criminal cases of the judges of the council of judges and the
criminal law magistrate court;
(4) limitations on the assignment of cases to the
criminal law magistrate court;
(5) limitations on the powers of a judge of the
criminal law magistrate court in regard to the exercise of
jurisdiction when presiding for an assigning court;
(6) setting hours, days, and places for holding court
by a judge of the criminal law magistrate court; and
(7) any other matter necessary to carry out this
subchapter or to improve the administration and management of the
court system and its auxiliary services.
(c) The rules must provide that:
(1) a criminal law magistrate judge may not, on a
regular basis, hold court or perform magistrate duties after 7 p.m.
or before 7 a.m.; and
(2) a criminal law magistrate judge may only release a
defendant under Article 17.031, Code of Criminal Procedure, under
guidelines established by the council of judges.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.738. TRANSFER AND ASSIGNMENT OF
CASES. (a) Except as provided by Subsection (b) or local
administrative rules, the local administrative judge or a judge of
the criminal law magistrate court may transfer between courts any
unindicted felony case, Class A misdemeanor case, or Class B
misdemeanor case if an information has not been filed and if the
case is pending in the court of any magistrate in the criminal law
magistrate court's jurisdiction.
(b) A case may not be transferred from or to the magistrate
docket of a judge on the El Paso Council of Judges without the
consent of the judge of the court to which it is transferred.
(c) Except as provided by Subsection (d) or local
administrative rules, the local administrative judge may assign a
judge on the council of judges, a judge of the criminal law
magistrate court, or any other magistrate to act as presiding judge
in any unindicted felony case, Class A misdemeanor case, or Class B
misdemeanor case if an information has not been filed and if the
case is pending in the court of any magistrate in the criminal law
magistrate court's jurisdiction.
(d) A case may not be assigned to a judge on the council of
judges without the assigned judge's consent.
(e) This section applies only to the district courts, county
courts at law, justice courts, and municipal courts in the county.
(f) The local administrative judge may delegate or the local
administrative rules may provide for the delegation of the power to
transfer or assign cases to any other judge on the council of
judges.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.739. ORDER OF ASSIGNMENT. (a) Cases may be
assigned by local administrative rules, by a blanket written order,
or on a case-by-case basis. Each district court and county court at
law may use any of the methods to assign cases to the criminal law
magistrate court.
(b) The local administrative rules, a blanket order of
assignment, or a specific order of assignment may limit the powers
of a criminal law magistrate court or a judge of that court.
(c) Unless limited as provided by Subsection (b), the
criminal law magistrate court and a judge of that court may perform
all acts and take all measures necessary and proper to exercise the
jurisdiction granted in this subchapter in relation to a case
assigned under this subchapter.
(d) A case assigned under this subchapter to the criminal
law magistrate court from a district court or a county court at law
remains on the docket of the assigning court and in the assigning
court's jurisdiction.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.740. EFFECT OF TRANSFER. When a case is
transferred from one court to another as provided by this
subchapter, all processes, writs, bonds, recognizances, or other
obligations issued from the transferring court are returnable to
the court to which the case is transferred as if originally issued
by that court. The obligees in all bonds and recognizances taken in
a case that is transferred and all witnesses summoned to appear in a
court from which a case is transferred are required to appear before
the court to which the case is transferred as if the processes or
obligations were originally issued by the court to which the
transfer is made.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.741. FORFEITURES. Bail bonds and personal bonds
may be forfeited by the criminal law magistrate court in the manner
provided by Chapter 22, Code of Criminal Procedure, and those
forfeitures shall be filed with the district clerk, except in cases
in which the county clerk is the clerk under this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.742. COSTS. (a) When the district clerk is the
clerk under this subchapter, the district clerk shall charge the
same court costs for cases filed, transferred to, or assigned to the
criminal law magistrate court that are charged in the district
courts.
(b) When the county clerk is the clerk under this
subchapter, the county clerk shall charge the same court costs for
cases filed in, transferred to, or assigned to the criminal law
magistrate court that are charged in the county courts.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.743. OBJECTION TO JUDGE. (a) If after
indictment, the defendant or the state files a timely objection to
the assignment of a first-degree felony to the criminal law
magistrate court, the judge is disqualified to hear the case.
(b) If after indictment the defendant or the state files a
timely objection to a particular judge on the criminal law
magistrate court hearing a first-degree felony assigned to that
court, that judge is disqualified to hear the case.
(c) An objection under this section must be filed before the
first hearing or trial, including pretrial hearings, in which the
assigned judge is to preside.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.744. JUDGES ON EL PASO COUNCIL OF JUDGES. Unless
the local rules of administration provide otherwise, the judges on
the El Paso Council of Judges and the judges on the criminal law
magistrate court may sit and act for any magistrate in El Paso
County on any unindicted felony or Class A or B misdemeanor case if
an information has not been filed.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.745. PRETRIAL DIVERSION. (a) As a condition for a
defendant to enter any pretrial diversion program or the functional
equivalent that may be operated in El Paso County by the West Texas
Regional Adult Probation Department or a county or district
attorney of El Paso County, a defendant must file in the court in
which the charges are pending a sworn waiver of speedy trial motion
requesting the court to approve without a hearing defendant's
waiver of his speedy trial rights under the constitution and other
law. If the court approves the waiver, the defendant is eligible
for consideration for acceptance into a pretrial diversion program
or equivalent program.
(b) At the time the motion to waive speedy trial rights
required by Subsection (a) is filed, the court clerk shall collect a
$100 filing fee unless the court for good cause waives the fee or
any part of the fee under guidelines that may be set by the local
administrative rules. The filing fee is nonrefundable.
(c) The fees collected by the court clerk under Subsection
(b) shall be deposited in the general fund of the county treasury as
provided by Chapter 113, Local Government Code.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.746. JURISDICTION OF JUDGES ON EL PASO COUNCIL OF
JUDGES. (a) In addition to jurisdiction conferred by other law,
each district court and county court at law in El Paso County has
the same jurisdiction given to the criminal law magistrate court by
this subchapter.
(b) A misdemeanor information may not be filed in a district
court under the grant of jurisdiction in Subsection (a).
(c) A felony indictment or information may not be filed in a
county court at law under the grant of jurisdiction in Subsection
(a).
(d) A judge of a county court at law in El Paso County shall
exercise jurisdiction granted by Subsection (a) over felony
indictments and felony information only as a judge presiding for
the court in which the felony is pending and only if the El Paso
Council of Judges has so provided in the local administrative rules
by a unanimous vote. The exercise of this jurisdiction outside El
Paso County is as provided by Chapter 74 and other law.
(e) A judge of a district court in El Paso County shall
exercise jurisdiction granted by Subsection (a) over misdemeanor
information only as a judge presiding for the court in which the
misdemeanor is pending and only if the council of judges has so
provided in the local administrative rules by a unanimous vote. The
exercise of this jurisdiction outside El Paso County is as provided
by the Court Administration Act (Chapter 74) and other law.
(f) This subchapter does not grant jurisdiction over
misdemeanors involving official misconduct to any court, and all
those cases remain in the original jurisdiction of the district
courts as provided by law.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.747. JUDGE. (a) The criminal law magistrate
court is presided over by one or more judges appointed by a
two-thirds vote of all the district court and county court at law
judges. A criminal law magistrate court judge serves for a one-year
term beginning on the date of appointment.
(b) To be eligible for appointment as a judge of the
criminal law magistrate court, a person must meet all the
requirements and qualifications to serve as a district court judge.
(c) If there is more than one criminal law magistrate court
judge, the council of judges may appoint one of the judges to be the
presiding criminal law magistrate court judge.
(d) The order appointing a judge of the criminal law
magistrate court must be signed by two-thirds of the judges on the
El Paso Council of Judges and shall be entered in the minutes of
each district court and county court at law. The order must state
the judge's name, state bar identification number, and the date the
appointment takes effect.
(e) The council of judges may withdraw a judge's appointment
to the criminal law magistrate court by a majority vote of all the
judges on the council of judges. The order must be signed by the
local administrative judge and shall be entered in the minutes of
each district court and county court at law. The order must state
the judge's name, state bar identification number, and the date the
order of withdrawal takes effect.
(f) Any judge on the council of judges may withdraw that
judge's consent for a judge or judges of the criminal law magistrate
court to act for that judge under this subchapter. The order
withdrawing consent to act must state the name of the judge who may
not act, the judge's state bar identification number, and the date
the withdrawal of consent takes effect.
(g) A judge of the criminal law magistrate court is entitled
to the salary determined by the commissioners court. The salary may
not be less than the salary authorized to be paid to a family law
master appointed for El Paso County.
(h) Except as provided for in Subsection (i), the council of
judges may only appoint the number of judges for which the
commissioners court by order provides compensation in the county
budget.
(i) The council of judges may appoint any number of judges
who agree to serve on the criminal law magistrate court as part-time
or as full-time judges without compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.748. OATH OF OFFICE. The judges of the criminal
law magistrate court must take the constitutional oath of office
prescribed for appointed officers.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.749. JUDICIAL IMMUNITY. The judges of the criminal
law magistrate court and the judges of the county courts at law have
the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.750. EXCHANGE OF BENCHES. (a) The judges of the
criminal law magistrate court may exchange benches and may sit and
act for each other in any proceeding pending in the criminal law
magistrate court.
(b) Except as provided by Subsection (c), the judges of the
criminal law magistrate court may exchange benches and may sit and
act for each other in any proceeding assigned to them under this
subchapter if a felony or misdemeanor indictment has been filed or a
felony or misdemeanor information has been filed.
(c) Any court that assigns an indicted case or a case in
which an information has been filed under this subchapter to the
criminal law magistrate court may provide in the assignment order
or the local administrative rules may provide that only the judge
who is named in the assignment order may act on the case and that
another judge of the criminal law magistrate court may not exchange
benches with or sit for the judge named in the assignment order or
local administrative rules.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.751. SPECIAL JUDGE. (a) If a full-time
compensated judge of the criminal law magistrate court is absent or
is from any cause disabled or disqualified from presiding, a
special judge may be appointed in the manner provided by this
subchapter for the appointment of a judge of the criminal law
magistrate court.
(b) A special judge shall take the oath of office that is
required by law for the regular judge and has all the power and
jurisdiction of the court and of the regular judge for whom he is
sitting. A special judge may sign orders, judgments, decrees, or
other process of any kind as "Judge Presiding" when acting for the
regular judge.
(c) A special judge is entitled to receive for the services
actually performed the same amount of compensation that the regular
judge is entitled to receive for the services. The compensation
shall be paid out of county funds. None of the amount paid to a
special judge for sitting for the regular judge may be deducted or
paid out of the salary of the regular judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.753. CLERK. (a) The district clerk serves as
clerk of the criminal law magistrate court, except that after a
misdemeanor information is filed in the county court at law and
assigned to the criminal law magistrate court, the county clerk
serves as clerk for that misdemeanor case.
(b) The district clerk shall establish a docket and keep the
minutes for the cases filed in or transferred to the criminal law
magistrate court. The district clerk shall perform any other
duties that local administrative rules require in connection with
the implementation of this subchapter. The local administrative
judge shall ensure that the duties required under this subsection
are performed.
(c) The clerk of the case shall include as part of the record
on appeal a copy of the order and local administrative rule under
which a criminal law magistrate court acted.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.754. SHERIFF. (a) The county sheriff, either in
person or by deputy, shall attend the criminal law magistrate court
as required by a judge of that court.
(b) Unless the local administrative rules provide
otherwise, the county sheriff, either in person or by deputy, shall
attend court proceedings heard by El Paso family law masters as
required by a family law master.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.755. COURT REPORTER. Each judge of the criminal
law magistrate court shall appoint an official shorthand reporter
to serve that judge. Those official shorthand reporters must be
well skilled in their profession. Such a reporter is a sworn
officer of the court who holds office at the pleasure of the court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.756. FAMILY LAW MASTER. (a) An El Paso family law
master may be appointed as a judge of the criminal law magistrate
court and continue as a family law master.
(b) A family law master may not be appointed as a judge of
the criminal law magistrate court unless the family law master
agrees to the appointment.
(c) A family law master appointed to serve as a judge of the
criminal law magistrate court is not entitled to receive additional
compensation for serving as a judge of that court unless the
commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.757. JUDGE OF CRIMINAL LAW MAGISTRATE
COURT. (a) A judge of the criminal law magistrate court may be
appointed as a family law master and continue as a judge of the
criminal law magistrate court.
(b) A judge of the criminal law magistrate court may not be
appointed as a family law master unless the judge agrees to the
appointment.
(c) A judge of the criminal law magistrate court appointed
to serve as a family law master is not entitled to receive
additional compensation for serving as a family law master unless
the commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.758. MAGISTRATES MAY BE APPOINTED. (a) Any
magistrate in El Paso County may be appointed as a judge of the
criminal law magistrate court or as a family law master, or both,
and continue as a judge or justice of another court.
(b) A magistrate may not be appointed under Subsection (a)
unless the magistrate agrees to the appointment.
(c) A magistrate appointed under Subsection (a) is not
entitled to receive additional compensation unless the
commissioners court provides additional compensation.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.759. LOCATION OF COURT. The criminal law
magistrate court may be held at the location that is provided by the
local administrative rules or ordered by the local administrative
judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.760. COURT SEAL. The seal of the criminal law
magistrate court shall be the same as that provided by law for
county courts, except that the seal must contain the words "El Paso
Criminal Law Magistrate Court." The seal shall be judicially
noticed.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.761. INACTIVE COURT. (a) If in the opinion of a
majority of the judges of the El Paso Council of Judges the criminal
law magistrate court should not continue in active operation after
it is created, then by an order or orders signed by the local
administrative judge all pending cases on the active docket of the
criminal law magistrate court shall be transferred to the court or
courts of other magistrates that have potential jurisdiction over
the cases transferred.
(b) The local administrative judge shall select the courts
to which the cases are transferred under Subsection (a).
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.762. JURISDICTION NOT DIMINISHED. This subchapter
does not diminish the jurisdiction granted by the constitution and
laws of this state to any court named in this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
§ 54.763. TRANSFER UNDER CODE OF CRIMINAL
PROCEDURE. This subchapter does not prevent a district court from
transferring misdemeanor indictments to an inferior court as
provided by Chapter 21, Code of Criminal Procedure, notwithstanding
the grant of misdemeanor jurisdiction to the district courts by
this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. 28,
1989.
SUBCHAPTER K. JUVENILE COURT MASTERS IN HARRIS COUNTY
§ 54.801. 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 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.802. 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 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.803. 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 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.804. 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 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.805. JUDICIAL IMMUNITY. A master appointed under
this subchapter has the same judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.806. TERMINATION OF EMPLOYMENT. (a) A master who
serves a single court serves at the will of the judge of that court.
(b) The employment of a master who serves two courts may be
terminated by either of the judges of those courts.
(c) The employment of a master who serves more than two
courts may be terminated by a majority of the judges of those
courts.
(d) To terminate a master's employment, the appropriate
judges must sign a written order of termination. The order must
state:
(1) the master's name and state bar identification
number;
(2) each court ordering termination; and
(3) the date the master's employment ends.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.807. WITHDRAWAL OF APPOINTMENT FOR A PARTICULAR
COURT. The judge of a court for which a master has been appointed
may withdraw the master's appointment to that court by written
order. The order must state:
(1) the master's name and state bar identification
number;
(2) the name of the court ordering the withdrawal; and
(3) the date the master's services end as to that
court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.808. CASES THAT MAY BE REFERRED. A judge may refer
to a master any civil case or portion of a civil case brought:
(1) under Title 1, 2, 3, 4, or 5, Family Code; or
(2) in connection with Rule 308a, Texas Rules of Civil
Procedure.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989. Amended by Acts 1997, 75th Leg., ch. 165, § 7.35, eff.
Sept. 1, 1997.
§ 54.809. METHOD OF REFERRAL. A case may be referred as
prescribed by published local rules or by written orders.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.810. POWERS. (a) An order of referral may limit
the use or power of a master.
(b) Unless limited by published local rule, by written
order, or by an order of referral, a master may perform all acts and
take all measures necessary and proper to perform the tasks
assigned in a referral.
(c) A master may administer oaths.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.811. EFFECT ON TEMPORARY RESTRAINING
ORDER. (a) The referral of a case or a portion of a case to a
master does not affect a party's right to have a court grant or
extend a temporary restraining order and does not prevent the
expiration of a temporary restraining order.
(b) Until a judge signs an order concerning the findings and
recommendations of a master, the findings and recommendations do
not affect an existing temporary restraining order or the
expiration or extension of that order.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.812. JURY. (a) Except as provided by Subsection
(b), if a jury trial is demanded in a case referred to a master, the
master shall refer the case back to the referring court for a full
hearing according to the usual rules applicable to the case.
(b) A jury demand does not affect the authority of a master
to handle pretrial matters referred to the master.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.813. COURT REPORTER. (a) A court reporter must be
provided during a hearing conducted by a master.
(b) Notwithstanding Subsection (a), a referring judge may
require a reporter at any hearing.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.814. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If
an attorney, party, witness, or any other person fails to comply
with a summons or order, the master may certify that failure in
writing to the referring court for appropriate action.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.815. WITNESSES. (a) A witness appearing before a
master is subject to the penalties of perjury as provided by Chapter
37, Penal Code.
(b) A witness referred to the court under Section 54.814 is
subject to the same penalties and orders that may be imposed on a
witness appearing in a hearing before the court.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.816. RETURN TO REFERRING COURT; FINDINGS. After a
hearing is concluded, the master shall send to the referring judge
all papers relating to the case and the written findings of the
master.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.817. COURT ACTION ON REPORT. (a) After the court
receives the master's report, the court may adopt, modify, correct,
reject, or reverse the master's report or may recommit it for
further information, as the court determines to be proper and
necessary in each case.
(b) If a judgment has been recommended, the court may
approve the recommendation and hear more evidence before making its
judgment.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.818. DECREE OR JUDGMENT. The finding and
recommendations become the decree or judgment of the court when
adopted and approved by an order of the judge.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.819. MASTERS IN CHANCERY. This subchapter does not
prohibit a court from appointing a master in chancery as provided by
Rule 171, Texas Rules of Civil Procedure.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
§ 54.820. REFEREES. (a) A master appointed under this
subchapter may serve as a referee as provided by Subsection (g) of
Section 51.04 and Section 54.10, Family Code.
(b) A referee appointed under Subsection (g) of Section
51.04, Family Code, may be appointed to serve as a master under this
subchapter.
Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), eff. Aug. 28,
1989.
SUBCHAPTER L. CRIMINAL LAW HEARING OFFICERS IN CERTAIN COUNTIES
§ 54.851. APPLICATION. This subchapter applies only to
counties with a population of 3.3 million or more.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
Amended by Acts 2001, 77th Leg., ch. 669, § 18, eff. Sept. 1,
2001.
§ 54.852. APPOINTMENT. (a) A board composed of three
judges of the district courts of Harris County trying criminal
cases, three judges of the county criminal courts at law, and three
justices of the peace in Harris County may appoint criminal law
hearing officers, with the consent and approval of the
commissioners court, to perform the duties authorized by this
subchapter. A quorum is two-thirds of the members of the board.
(b) The board shall ensure that the criminal law hearing
officers appointed under this subchapter are representative of the
race, sex, national origin, and ethnicity of the population of
Harris County.
(c) A criminal law hearing officer serves a one-year term
and continues to serve until a successor is appointed.
(d) A criminal law hearing officer appointed under this
subchapter may be terminated at any time in the same manner as
appointed.
(e) A criminal law hearing officer may not engage in the
private practice of law or serve as a mediator or arbitrator or
otherwise participate as a neutral party in any alternate dispute
resolution proceeding, with or without compensation.
(f) A criminal law hearing officer is subject to proceedings
under Article V, Section 1-a, of the Texas Constitution.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.853. QUALIFICATIONS. To be eligible for
appointment as a criminal law hearing officer under this
subchapter, a person must:
(1) be a resident of this state and the county;
(2) have been licensed to practice law in this state
for at least four years;
(3) not have been defeated for reelection to a
judicial office;
(4) not have been removed from office by impeachment,
by the supreme court, by the governor on address to the legislature,
by a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the judge's
court; and
(5) not have resigned from office after having
received notice that formal proceedings by the State Commission on
Judicial Conduct had been instituted as provided in Section 33.022
and before the final disposition of the proceedings.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.854. COMPENSATION. (a) Each criminal law hearing
officer is entitled to a salary in the amount set by the
commissioners court.
(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 salary is paid from the county fund available for
payment of officers' salaries.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.855. OATH. A criminal law hearing officer must
take the constitutional oath of office required of appointed
officers of this state.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.856. CRIMINAL JURISDICTION. (a) A criminal law
hearing officer appointed under this subchapter has limited
concurrent jurisdiction over criminal cases filed in the district
courts, county criminal courts at law, and justice courts of the
county. The jurisdiction of the criminal law hearing officer is
limited to:
(1) determining probable cause for further detention
of any person detained on a criminal complaint, information, or
indictment filed in the district courts, county criminal courts at
law, or justice courts of the county;
(2) committing the defendant to jail, discharging the
defendant from custody, or admitting the defendant to bail, as the
law and facts of the case require;
(3) issuing search warrants and arrest warrants as
provided by law for magistrates;
(4) as to criminal cases filed in justice courts,
disposing of cases as provided by law, other than by trial, and
collecting fines and enforcing judgments and orders of the justice
courts in criminal cases; and
(5) enforcing judgments and orders of the county
criminal courts at law in criminal cases.
(b) This section does not limit or impair the jurisdiction
of the court in which the complaint, information, or indictment is
filed to review or alter the decision of the criminal law hearing
officer.
(c) In a felony or misdemeanor case punishable by
incarceration in the county jail, a criminal law hearing officer
may not dismiss the case, enter a judgment of acquittal or guilt, or
pronounce sentence.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
Amended by Acts 2001, 77th Leg., ch. 1206, § 1, eff. Sept. 1,
2001.
§ 54.857. MENTAL HEALTH JURISDICTION. The judges
appointing a criminal law hearing officer may authorize the
criminal law hearing officer to serve the statutory probate courts
of Harris County as necessary to hear emergency mental health
matters under Chapter 573, Health and Safety Code. A criminal law
hearing officer has concurrent limited jurisdiction with the
statutory probate courts of the county to hear emergency mental
health matters under Chapter 573, Health and Safety Code. This
section does not impair the jurisdiction of the statutory probate
courts to review or alter the decision of the criminal law hearing
officer.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.858. DUTIES AND POWERS. (a) A criminal law
hearing officer shall inform the person arrested, in clear
language, of the accusation against the person and of any affidavit
filed with the accusation. A criminal law hearing officer shall
inform the person arrested of the person's right to retain counsel,
to remain silent, to have an attorney present during any interview
with a peace officer or an attorney representing the state, to
terminate the interview at any time, and to request the appointment
of counsel if the person is indigent and cannot afford counsel. The
criminal law hearing officer shall also inform the person arrested
that the person is not required to make a statement and that any
statement made by the person may be used against the person. The
criminal law hearing officer must allow the person arrested
reasonable time and opportunity to consult counsel and shall admit
the person arrested to bail if allowed by law.
(b) A criminal law hearing officer may determine the amount
of bail and grant bail pursuant to Chapter 17, Code of Criminal
Procedure, and as otherwise provided by law.
(c) A criminal law hearing officer may issue a magistrate's
order for emergency apprehension and detention under Chapter 573,
Health and Safety Code, if the criminal law hearing officer makes
each finding required by Section 573.012(b), Health and Safety
Code.
(d) The criminal law hearing officer shall be available,
within 24 hours of a defendant's arrest, to determine probable
cause for further detention, administer warnings, inform the
accused of the pending charges, and determine all matters
pertaining to bail. Criminal law hearing officers shall be
available to review and issue search warrants and arrest warrants
as provided by law.
(e) A criminal law hearing officer may dispose of criminal
cases filed in the justice court as provided by law, other than by
trial, and collect fines and enforce the judgments and orders of the
justice courts in criminal cases.
(f) A criminal law hearing officer may enforce judgments and
orders of the county criminal courts at law in criminal cases.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
Amended by Acts 2001, 77th Leg., ch. 1206, § 2, eff. Sept. 1,
2001.
§ 54.859. JUDICIAL IMMUNITY. A criminal law hearing
officer has the same judicial immunity as a district judge,
statutory county court judge, and justice of the peace.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.860. SHERIFF. On request of a criminal law hearing
officer appointed under this subchapter, the sheriff, in person or
by deputy, shall assist the criminal law hearing officer.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
§ 54.861. CLERK. The district clerk shall perform the
statutory duties necessary for the criminal law hearing officers
appointed under this subchapter in cases filed in a district court
or county criminal court. A person designated to serve as clerk of
a justice court shall perform the statutory duties necessary for
cases filed in a justice court.
Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. Aug. 30, 1993.
SUBCHAPTER M. MAGISTRATES IN LUBBOCK COUNTY
§ 54.871. APPOINTMENT. (a) The judges of the district
courts of Lubbock County, with the consent and approval of the
Commissioners Court of Lubbock 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
unanimous approval of all the judges described in Subsection (a).
(c) If the number of magistrates is less than the number of
district judges, each magistrate shall serve equally in the courts
of those judges.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.872. 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 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
§ 54.873. COMPENSATION. (a) A magistrate is entitled
to the salary determined by the Commissioners Court of Lubbock
County.
(b) The salary may not be less than the salary authorized to
be paid to an associate judge for Title IV-D cases appointed under
Subchapter B, Chapter 201, Family Code.
(c) The magistrate's salary is paid from the county fund
available for payment of officers' salaries.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
Amended by Acts 1999, 76th Leg., ch. 602, § 2, eff. June 18,
1999; Acts 2003, 78th Leg., ch. 1258, § 26, eff. Sept. 1, 2003.
§ 54.874. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989.
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