Sec. 54.2006. JURISDICTION; RESPONSIBILITY; POWERS. (a) The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a magistrate, as applicable.
(b) To the extent authorized by this subchapter and the standing orders, a magistrate has jurisdiction to exercise the authority granted by the judges of the district or statutory county courts.
(c) A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose.
(d) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure.
(e) A magistrate is authorized to:
(1) set, adjust, and revoke bonds before the filing of an information or the return of an indictment;
(2) conduct examining trials;
(3) determine whether a defendant is indigent and appoint counsel for an indigent defendant;
(4) issue search and arrest warrants;
(5) issue emergency protective orders;
(6) order emergency mental commitments; and
(7) conduct initial juvenile detention hearings if approved by the Guadalupe County Juvenile Board.
(f) With the express authorization of a justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty.
(g) A magistrate may:
(1) issue notices of the setting of a case for a hearing;
(2) conduct hearings;
(3) compel production of evidence;
(4) hear evidence;
(5) issue summons for the appearance of witnesses;
(6) swear witnesses for hearings;
(7) regulate proceedings in a hearing; and
(8) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate's jurisdiction and authority.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1059 (H.B. 3153), Sec. 3.01, eff. September 1, 2013.
Section: Previous 54.1854 54.1855 54.1951 54.1952 54.1953 54.1954 54.1955 54.1956 54.1957 54.2001 54.2002 54.2003 54.2004 54.2005 54.2006Last modified: September 28, 2016