Texas 2025 - 89th Regular

Texas Senate Bill SB251

Filed
11/12/24  
Out of Senate Committee
3/19/25  
Voted on by Senate
4/1/25  
Out of House Committee
5/21/25  
Voted on by House
5/28/25  
Governor Action
6/20/25  

Caption

Relating to the creation of criminal law magistrates for Bell County.

Impact

The introduction of SB251 will significantly alter the landscape of criminal justice in Bell County by adding a new layer of authority and potentially expediting the handling of criminal cases. The bill stipulates qualifications for magistrates, which includes prior experience as justices of the peace or municipal court judges, or being licensed attorneys in good standing. This creates a structured approach for magistrates' roles and responsibilities, aligning them more closely with existing judicial processes within the state.

Summary

Senate Bill 251 is focused on the establishment of criminal law magistrates in Bell County, Texas. Designed to enhance the judicial process concerning criminal matters, the bill allows the Bell County Commissioners Court to appoint magistrates with jurisdiction over criminal cases. These magistrates will handle procedures such as setting bail, conducting preliminary hearings, and managing other routine matters within the criminal court system. This intent is to streamline the judicial process and alleviate the workload on existing judges in the county.

Sentiment

Overall, the sentiment surrounding SB251 appears to be positive among lawmakers, reflecting a bipartisan agreement on the necessity for increased judicial efficiency. With a unanimous vote of 31-0 in the Senate and 140-0 in the House, the bill received broad support, suggesting that legislators recognize the operational benefits of introducing magistrates. However, stakeholders may have diverse views depending on their perspectives regarding the expansion of magistrate roles within the judicial system.

Contention

Despite its unanimous support, possible points of contention could arise from concerns about the magistrates' authority and how it interacts with existing judicial positions. Additionally, observers may worry about the funding and resources required to implement this new structure effectively. Issues related to judicial independence and the potential for overreach by the Commissioners Court in defining the magistrates' roles and powers could also prompt debate as the bill is enacted.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 54. Masters; Magistrates; Referees; Associate Judges
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3716

Identical Relating to the creation of criminal law magistrates for Bell County.

Previously Filed As

TX HB464

Relating to the creation of criminal law magistrates for Grayson County.

TX HB3386

Relating to the criminal district courts, statutory county courts, and criminal law magistrates in Tarrant County.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB3388

Relating to court administration for cases referred to criminal law magistrates in Tarrant County.

TX HB4703

Relating to the operation and administration of and practice in and grants provided by courts in the judicial branch of state government.

TX SB1318

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX SB1462

Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB1308

Relating to the establishment of a constable's department civil service system in certain counties; creating a criminal offense.

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