Texas 2009 - 81st Regular

Texas House Bill HB3554 Compare Versions

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1	1	H.B. No. 3554
2	2
3	3
4	4	AN ACT
5	5	relating to the appointment of an associate judge to serve a
6	6	district court in Brazoria County.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 54, Government Code, is amended by
9	9	adding Subchapter II to read as follows:
10	10	SUBCHAPTER II. ASSOCIATE JUDGES IN BRAZORIA COUNTY
11	11	Sec. 54.1901. APPLICATION. This subchapter applies to a
12	12	district court in Brazoria County.
13	13	Sec. 54.1902. APPOINTMENT. The judge of a district court
14	14	subject to this subchapter may appoint one or more associate judges
15	15	to perform the duties authorized by this subchapter, Subchapter GG,
16	16	and Chapter 201, Family Code.
17	17	Sec. 54.1903. POWERS. An associate judge appointed under
18	18	this chapter has the powers provided by this subchapter, Subchapter
19	19	GG, and Chapter 201, Family Code.
20	20	Sec. 54.1904. PROCEEDINGS THAT MAY BE REFERRED. (a) A
21	21	judge of a court may refer to an associate judge:
22	22	(1) any civil case authorized under Section 201.005,
23	23	Family Code, or Title 3, Family Code;
24	24	(2) any criminal case for proceedings involving:
25	25	(A) a negotiated plea of guilty before the court;
26	26	(B) a bond forfeiture;
27	27	(C) a pretrial motion;
28	28	(D) a postconviction writ of habeas corpus;
29	29	(E) an examining trial; and
30	30	(F) any other matter the judge considers
31	31	necessary and proper; and
32	32	(3) any drug court proceeding authorized under
33	33	Subchapter GG.
34	34	(b) An associate judge may not preside over a criminal trial
35	35	on the merits, whether or not the trial is before a jury.
36	36	Sec. 54.1905. JUDICIAL IMMUNITY. An associate judge
37	37	appointed under this subchapter has the same judicial immunity as a
38	38	district judge.
39	39	SECTION 2. Article 2.09, Code of Criminal Procedure, is
40	40	amended to read as follows:
41	41	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
42	42	officers is a magistrate within the meaning of this Code: The
43	43	justices of the Supreme Court, the judges of the Court of Criminal
44	44	Appeals, the justices of the Courts of Appeals, the judges of the
45	45	District Court, the magistrates appointed by the judges of the
46	46	district courts of Bexar County, Dallas County, or Tarrant County
47	47	that give preference to criminal cases, the criminal law hearing
48	48	officers for Harris County appointed under Subchapter L, Chapter
49	49	54, Government Code, the criminal law hearing officers for Cameron
50	50	County appointed under Subchapter BB, Chapter 54, Government Code,
51	51	the magistrates appointed by the judges of the district courts of
52	52	Lubbock County, Nolan County, or Webb County, the magistrates
53	53	appointed by the judges of the criminal district courts of Dallas
54	54	County or Tarrant County, the masters appointed by the judges of the
55	55	district courts and the county courts at law that give preference to
56	56	criminal cases in Jefferson County, the magistrates appointed by
57	57	the judges of the district courts and the statutory county courts of
58	58	Brazos County, Nueces County, or Williamson County, the magistrates
59	59	appointed by the judges of the district courts and statutory county
60	60	courts that give preference to criminal cases in Travis County, the
61	61	county judges, the judges of the county courts at law, judges of the
62	62	county criminal courts, the judges of statutory probate courts, the
63	63	associate judges appointed by the judges of the statutory probate
64	64	courts under Subchapter G, Chapter 54, Government Code, the
65	65	associate judges appointed by the judge of a district court under
66	66	Subchapter II, Chapter 54, Government Code, the justices of the
67	67	peace, and the mayors and recorders and the judges of the municipal
68	68	courts of incorporated cities or towns.
69	69	SECTION 3. This Act takes effect immediately if it receives
70	70	a vote of two-thirds of all the members elected to each house, as
71	71	provided by Section 39, Article III, Texas Constitution. If this
72	72	Act does not receive the vote necessary for immediate effect, this
73	73	Act takes effect September 1, 2009.
74	74	______________________________ ______________________________
75	75	President of the Senate Speaker of the House
76	76	I certify that H.B. No. 3554 was passed by the House on May 5,
77	77	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
78	78	voting.
79	79	______________________________
80	80	Chief Clerk of the House
81	81	I certify that H.B. No. 3554 was passed by the Senate on May
82	82	22, 2009, by the following vote: Yeas 30, Nays 0.
83	83	______________________________
84	84	Secretary of the Senate
85	85	APPROVED: _____________________
86	86	Date
87	87	_____________________
88	88	Governor