Sec. 54.908. POWERS    


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  • (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 or nolo contendere from a defendant charged with:

    (A) a felony offense;

    (B) a misdemeanor offense when charged with both a misdemeanor offense and a felony offense; or

    (C) a misdemeanor offense;

    (14) notwithstanding Article 18.01(c), Code of Criminal Procedure, issue a search warrant under Article 18.02(10), Code of Criminal Procedure; 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 does not have authority under Subsection (a)(14) to issue a subsequent search warrant under Article 18.02(10), Code of Criminal Procedure.

Added by Acts 1989, 71st Leg., ch. 1068, Sec. 1, eff. Aug. 28, 1989. Amended by Acts 2001, 77th Leg., ch. 680, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 909 , Sec. 2, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 126 , Sec. 2, eff. May 27, 2011.