81R4408 KCR-D
By: Kolkhorst H.B. No. 2034
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of certain search warrants by certain
municipal courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.01(h) and (i), Code of Criminal
Procedure, are amended to read as follows:
(h) Except as provided by Subsection (i) [of this article],
a warrant under Subdivision (12), Article 18.02, [of this code] may
only be issued by:
(1) a judge of a municipal court [of record] who is an
attorney licensed by the state;
(2) a judge of a county court who is an attorney
licensed by the state; or
(3) a judge of a statutory county court, district
court, the court of criminal appeals, or the supreme court.
(i) In a county that does not have a judge of a municipal
court [of record] who is an attorney licensed by the state, a county
court judge who is an attorney licensed by the state, or a statutory
county court judge, any magistrate may issue a search warrant under
Subdivision (10) or [Subdivision] (12), [of] Article 18.02 [of this
code]. This subsection is not applicable to a subsequent search
warrant under Subdivision (10), [of] Article 18.02 [of this code].
SECTION 2. The change in law made by this Act applies only
to a warrant issued on or after the effective date of this Act. A
warrant issued before the effective date of this Act is covered by
the law in effect when the warrant was issued, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.