Tex. Fam. Code § 54.10 · Chapter 54. JUDICIAL PROCEEDINGS
HEARINGS BEFORE REFEREE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (e), a hearing under Section 54.03, 54.04, or 54.05, including a jury trial, a hearing under Chapter 55, including a jury trial, or a hearing under the Interstate Compact for Juveniles (Chapter 60) may be held by a referee appointed in accordance with Section 51.04(g) or an associate judge appointed under Chapter 54A, Government Code, provided:
(1) the parties have been informed by the referee or associate judge that they are entitled to have the hearing before the juvenile court judge; and
(2) after each party is given an opportunity to object, no party objects to holding the hearing before the referee or associate judge.
(b) The determination under Section 53.02(f) whether to release a child may be made by a referee appointed in accordance with Section 51.04(g) if:
(1) the child has been informed by the referee that the child is entitled to have the determination made by the juvenile court judge or a substitute judge authorized by Section 51.04(f); or
(2) the child and the attorney for the child have in accordance with Section 51.09 waived the right to have the determination made by the juvenile court judge or a substitute judge.
(c) If a child objects to a referee making the determination under Section 53.02(f), the juvenile court judge or a substitute judge authorized by Section 51.04(f) shall make the determination.
(d) At the conclusion of the hearing or immediately after making the determination, the referee shall transmit written findings and recommendations to the juvenile court judge. The juvenile court judge shall adopt, modify, or reject the referee's recommendations not later than the next working day after the day that the judge receives the recommendations. Failure to act within that time results in release of the child by operation of law and a recommendation that the child be released operates to secure the child's immediate release subject to the power of the juvenile court judge to modify or reject that recommendation.
(e) Except as provided by Subsection (f), the hearings provided by Sections 54.03, 54.04, and 54.05 may not be held before a referee if the grand jury has approved of the petition and the child is subject to a determinate sentence.
(f) When the state and a child who is subject to a determinate sentence agree to the disposition of the case, wholly or partly, a referee or associate judge may hold a hearing for the purpose of allowing the child to enter a plea or stipulation of evidence. After the hearing under this subsection, the referee or associate judge shall transmit the referee's or associate judge's written findings and recommendations regarding the plea or stipulation of evidence to the juvenile court judge for consideration. The juvenile court judge may accept or reject the plea or stipulation of evidence in accordance with Section 54.03(j).
Notes and commentary — not statutory text
History
Added by Acts 1975, 64th Leg., p. 2157, ch. 693, Sec. 19, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 1830, ch. 743, Sec. 2, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 385, Sec. 12, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 74, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1086, Sec. 13, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 232, Sec. 5, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1007 (H.B. 706), Sec. 2.03.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 6.08, eff. January 1, 2012.
Acts 2017, 85th Leg., R.S., Ch. 981 (H.B. 678), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.54.htm
- Text hash
- sha256 efc07ec9aca24f5a39ff742e185ceb8c4647933deb63701cd8b81f3031c8d193
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code § 51.04JURISDICTION.Printed as Section 51.04(f) | Section 51.04(g)
- Tex. Fam. Code § 51.09WAIVER OF RIGHTS.Printed as Section 51.09
- Tex. Fam. Code § 53.02RELEASE FROM DETENTION.Printed as Section 53.02(f)
- Tex. Fam. Code § 54.03ADJUDICATION HEARING.Printed as Section 54.03(j) | Section 54.03, 54.04, or 54.05 | Sections 54.03, 54.04, and 54.05
- Tex. Fam. Code § 54.04DISPOSITION HEARING.Printed as Section 54.03, 54.04, or 54.05 | Sections 54.03, 54.04, and 54.05
- Tex. Fam. Code § 54.05HEARING TO MODIFY DISPOSITION.Printed as Section 54.03, 54.04, or 54.05 | Sections 54.03, 54.04, and 54.05
- Tex. Fam. Code ch. 55PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITYPrinted as Chapter 55
- Tex. Fam. Code ch. 60UNIFORM INTERSTATE COMPACT ON JUVENILESPrinted as Chapter 60
Cited by 3 provisions
Provisions in this library whose text cites Tex. Fam. Code § 54.10. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.