Proceedings That May Be Referred

Sec. 54A.006. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to an associate judge any matter arising out of a criminal case involving: (1) a negotiated plea of guilty or no contest before the court; (2) a bond forfeiture; (3) a pretrial motion; (4) a 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; (8) a civil commitment matter under Subtitle C, Title 7, Health and Safety Code; (9) setting, adjusting, or revoking bond; (10) the issuance of search warrants, including a search warrant under Article 18.02(a)(10), Code of Criminal Procedure, notwithstanding Article 18.01(c), Code of Criminal Procedure; and (11) any other matter the judge considers necessary and proper. (b) An associate judge may accept an agreed plea of guilty or no contest from a defendant charged with misdemeanor, felony, or both misdemeanor and felony offenses and may assess punishment if a plea agreement is announced on the record between the defendant and the state. (c) An associate judge has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose. (d) An associate judge may select a jury. Except as provided in Subsection (b), an associate judge may not preside over a trial on the merits, whether or not the trial is before a jury. Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.01, eff. January 1, 2012. Amended by: Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 8.005, eff. September 1, 2019.