Texas 2011 - 82nd Regular

Texas Senate Bill SB1131

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

Caption

Relating to the creation of magistrates in certain counties.

Impact

If enacted, SB1131 will directly amend the Government Code to establish these magistrates' powers, including conducting hearings, examining witnesses, and making recommendations to presiding judges. The legislation is intended to expedite legal proceedings related to educational violations, such as the failure to attend school and excessive absences. By allowing magistrates to handle these specific cases, the bill could alleviate pressure on the traditional court system, leading to faster resolutions for individuals accused of such violations.

Summary

SB1131 aims to establish the position of magistrates in specific Texas counties that meet certain population criteria. Specifically, it applies to counties with populations exceeding 585,000 and located near counties with populations of four million or more. The bill allows county judges to appoint magistrates responsible for handling cases related to specific violations under the Education Code, thereby streamlining certain judicial processes within these counties. This change is aimed at improving the efficiency of the judicial system and addressing case backlogs by delegating specific functions to appointed magistrates.

Sentiment

The sentiment surrounding SB1131 appears to be generally supportive among those who advocate for judicial efficiency and improvements to the educational justice system. Proponents argue that the ability to appoint magistrates will enhance the capacity of courts to respond to educational violations, promoting accountability while allowing judges to focus on more serious matters. Conversely, there may be concerns regarding the appropriateness of delegating judicial functions and the qualifications required for magistrates, which could spark debate among legal professionals and agencies involved in education and law enforcement.

Contention

Notable points of contention stem from the qualifications required for magistrates and the oversight of their proceedings. Critics could argue that the criteria for selection may not ensure sufficient legal expertise or experience, which could adversely affect the quality of justice administered. Additionally, there may be concerns about the potential for expanding the judicial system's reach into educational matters and how such changes will intersect with existing laws governing youth and education, particularly given the sensitive nature of dealing with minors in legal disputes.

Companion Bills

TX HB2132

Identical Relating to the creation of magistrates in certain counties.

Previously Filed As

TX HB464

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

TX HB1308

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

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 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 HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

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 HB3386

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

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

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.

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