Texas 2025 - 89th Regular

Texas House Bill HB3716

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The introduction of magistrates is expected to enhance the efficiency of the criminal process by enabling quicker hearings and resolutions for preindictment and pending cases. By conferring concurrent jurisdiction with justices of the peace, the bill aims to alleviate the workload of existing judicial officers and reduce delays in the legal process, which has been a significant concern in many jurisdictions.

Summary

House Bill 3716 proposes the establishment of criminal law magistrates specifically for Bell County. This bill will allow the Commissioners Court of Bell County to appoint magistrates with jurisdiction over criminal matters, which aids in streamlining the local justice system. The magistrates will have the authority to perform essential judicial duties such as setting bail and conditions for release, which is crucial for maintaining the flow of cases within the court system.

Contention

Some points of contention may arise regarding the qualifications and the scope of the powers granted to these magistrates. The bill stipulates that magistrates must either be former justices or licensed attorneys in Texas. Concerns may be raised about the potential for inconsistency in the application of justice depending on the qualifications of different magistrates, as well as about the commissioners' authority in establishing such positions. Additionally, the impact on existing judicial roles and potential overlaps in duties could lead to debates about judicial efficiency and local governance.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

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

Companion Bills

TX SB251

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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