H.B. No. 1722
AN ACT
relating to the proceedings that may be referred to and the powers
of a criminal law magistrate in Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.906, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A judge may refer to a magistrate any criminal case for
proceedings involving:
(1) a bond forfeiture;
(2) a pretrial motion;
(3) a postconviction writ of habeas corpus;
(4) an examining trial;
(5) the issuance of search warrants, including a
search warrant under Article 18.02(10), Code of Criminal Procedure,
notwithstanding Article 18.01(c), Code of Criminal Procedure;
(6) the setting of bonds;
(7) the arraignment of defendants; and
(8) any other matter the judge considers necessary and
proper, including a negotiated plea of guilty before the court.
(c) Subsection (a)(5) does not apply to the issuance of a
subsequent search warrant under Article 18.02(10), Code of Criminal
Procedure.
SECTION 2. Section 54.908, Government Code, is amended to
read as follows:
Sec. 54.908. POWERS. (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 for a misdemeanor from a
defendant charged with both misdemeanor and felony offenses; [and]
(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.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1722 was passed by the House on April
15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1722 on May 25, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1722 on May 31, 2009, by the following vote: Yeas 140,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1722 was passed by the Senate, with
amendments, on May 22, 2009, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1722 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor