Title GV, Government Code

Sec. 54.2409. COSTS. (a) When the district clerk is the clerk under this subchapter, the district clerk shall charge the same court costs for cases filed in, transferred to, or assigned to the magistrate court that are charged in the district courts. (b) When the county clerk is …

Sec. 54.2410. CLERK. (a) The district clerk serves as clerk of the magistrate court, except that: (1) after a Class A or Class B misdemeanor is filed in the county court at law and assigned to the magistrate court, the county clerk serves as clerk for that misdemeanor case; and (…

Sec. 54.2411. COURT REPORTER. At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate. Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.06, eff. September 1, 2019.

Sec. 54.2412. 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 r…

Sec. 54.2413. 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 201…

Sec. 54.2414. COSTS OF MAGISTRATE. The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines the nonprevailing party is able to pay those costs, the court shall assess the magistrate's costs against the nonprevaili…

Sec. 54.2415. 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 becom…

Sec. 54.2416. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate appointed under this subchapter may act as a civil associate judge under Subchapter B, Chapter 54A. To the extent of any conflict with this subchapter, a magistrate acting as an associate judge shall comply with provisions…

Sec. 54.2501. CREATION. The Brazoria County Criminal Law Magistrate Court is a court with the jurisdiction provided by this subchapter. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.

Sec. 54.2502. APPOINTMENT. (a) On recommendation from the local administrative judge, the commissioners court of Brazoria County may appoint one or more full- or part-time judges to preside over the criminal law magistrate court for the term determined by the commissioners court.…

Sec. 54.2503. JURISDICTION. (a) Except as provided by this subsection, the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of this state for county courts at law. The criminal law magistrate court does not have jurisdiction to: (1…

Sec. 54.2504. POWERS AND DUTIES. (a) 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…

Sec. 54.2505. 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 a case that is pending in the court of any magistrate…

Sec. 54.2506. PROCEEDING THAT MAY BE REFERRED. A district judge, county court at law judge, or justice of the peace may refer to a judge of the criminal law magistrate court any criminal case or matter relating to a criminal case for any proceeding other than presiding over a cri…

Sec. 54.2507. OATH OF OFFICE. A judge of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.

Sec. 54.2508. JUDICIAL IMMUNITY. A judge of the criminal law magistrate court has the same judicial immunity as a district judge. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.

Sec. 54.2509. CLERK. The clerk of a district court or county court at law that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter. Added by Acts 2021, 87th L…

Sec. 54.2510. SHERIFF. The county sheriff, either in person or by deputy, shall attend the criminal law magistrate court as required by the judge of that court. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.03, eff. September 1, 2021.

Sec. 54.2511. WITNESSES. (a) A witness who is sworn and who appears before a magistrate is subject to the penalties for perjury and aggravated perjury provided by law. (b) A referring court may fine or imprison a witness or other court participant for failure to appear after bein…

Sec. 54.2601. APPOINTMENT. (a) The judges of the district courts of Tom Green County, with the consent and approval of the commissioners court of Tom Green County, shall jointly appoint the number of magistrates set by the commissioners court to perform the duties authorized by t…

Sec. 54.2603. COMPENSATION. (a) A full-time magistrate is entitled to the salary determined by the commissioners court of Tom Green County. The salary may not be less than an amount equal to the salary, supplements, and allowances paid to a justice of the peace of Tom Green Count…

Sec. 54.2604. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.

Sec. 54.2605. 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 2021…

Sec. 54.2606. PROCEEDING THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving: (1) a negotiated plea of guilty or no contest and sentencing before the court; (2) a bond forfeiture, remittitur…

Sec. 54.2607. 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 i…

Sec. 54.2608. 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 wi…

Sec. 54.2609. 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 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 5.04, eff. September 1, 2021.

Sec. 54.2610. 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 r…

Sec. 54.2611. 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 202…

Sec. 54.2612. 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 becom…

Sec. 54.2613. MAGISTRATE. (a) If a magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another magistrate to serve for the absent magistrate. (b) A magistrate serving for another magistrate under this section has the p…

Sec. 54.2614. CLERK. The clerk of a district court that refers a proceeding to a magistrate under this subchapter shall perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter. Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B…

Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION. (a) The Commissioners Court of Grayson County may authorize the judges of the district and statutory county courts in Grayson County to appoint one or more part-time or full-time magistrates to perform the duties authorized b…

Sec. 54.2702. OATH OF OFFICE. (a) Repealed by Acts 2025, 89th Leg., R.S., Ch. 305 (S.B. 664), Sec. 16(11), eff. September 1, 2025. (b) A magistrate appointed under Section 54.2701 must take the constitutional oath of office required of appointed officers of this state. Added by A…

Sec. 54.2703. COMPENSATION. A magistrate is entitled to the salary determined by the Commissioners Court of Grayson County. Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, eff. September 1, 2023.

Sec. 54.2704. JURISDICTION. A magistrate has concurrent criminal jurisdiction with the judges of the justice of the peace courts of Grayson County. Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, eff. September 1, 2023.

Sec. 54.2705. POWERS AND DUTIES. (a) The Commissioners Court of Grayson County shall establish the powers and duties of a magistrate appointed under this subchapter. Except as otherwise provided by the commissioners court, a magistrate has the powers of a magistrate under the Cod…

Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge. Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.005, eff. September 1, 2023.

Sec. 54.2707. WITNESSES. (a) A witness who is sworn and who appears before a magistrate is subject to the penalties for perjury and aggravated perjury provided by law. (b) A referring court may fine or imprison a witness or other court participant for failure to appear after bein…

Sec. 54.2801. CREATION. The Denton County Criminal Law Magistrate Court is a court with the jurisdiction provided by this subchapter. Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 4.006, eff. September 1, 2023.

Sec. 54.2802. APPOINTMENT; OVERSIGHT. (a) The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County shall appoint one or more judges to preside over the criminal law magistrate court. An appointed judge mu…

Sec. 54.2803. JURISDICTION. (a) Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided for magistrates by the constitution and laws of this state in all criminal cases: (1) alleging an offense other than an offense punishabl…

Sec. 54.2804. POWERS AND DUTIES. The criminal law magistrate court may: (1) determine probable cause for purposes of an arrest or search; (2) issue an order of commitment, a warrant of arrest, or an order of protection; (3) perform the duty of a magistrate under Chapters 14, 15, …

Sec. 54.2805. CRIMINAL LAW MAGISTRATE COURT ASSOCIATE JUDGE. The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County may, with the approval of the Commissioners Court of Denton County and two-thirds of t…

Sec. 54.2806. JAIL MAGISTRATE. (a) The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County may, with the approval of the Commissioners Court of Denton County, appoint by joint standing order one or more …

Sec. 54.2807. QUALIFICATIONS. To be eligible for appointment as the criminal law magistrate court associate judge, a jail magistrate, or another magistrate in the criminal law magistrate court, a person must have been a resident of Denton County for at least two years preceding t…