Texas 2011 - 82nd Regular

Texas House Bill HB2132 Compare Versions

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1	1	By: Reynolds (Senate Sponsor - Hegar) H.B. No. 2132
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	April 28, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 18, 2011, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 18, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of magistrates in certain counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 54, Government Code, is amended by
13	13	adding Subchapter JJ to read as follows:
14	14	SUBCHAPTER JJ. MAGISTRATES IN CERTAIN COUNTIES
15	15	Sec. 54.1951. APPLICATION OF SUBCHAPTER. This subchapter
16	16	applies to a constitutional county court in a county that:
17	17	(1) has a population of more than 585,000; and
18	18	(2) is contiguous to a county with a population of at
19	19	least four million.
20	20	Sec. 54.1952. APPOINTMENT. (a) The county judge may
21	21	appoint one or more part-time or full-time magistrates to hear a
22	22	matter alleging a violation of Section 25.093 or 25.094, Education
23	23	Code, referred to the magistrate by a court having jurisdiction
24	24	over the matter.
25	25	(b) An appointment under Subsection (a) is subject to the
26	26	approval of the commissioners court.
27	27	(c) A magistrate serves at the pleasure of the county judge.
28	28	Sec. 54.1953. QUALIFICATIONS. A magistrate must:
29	29	(1) be a citizen of this state;
30	30	(2) have resided in the county for at least six months
31	31	before the date of the appointment; and
32	32	(3) have:
33	33	(A) served as a justice of the peace for at least
34	34	four years before the date of appointment; or
35	35	(B) been licensed to practice law in this state
36	36	for at least four years before the date of appointment.
37	37	Sec. 54.1954. COMPENSATION. A magistrate is entitled to
38	38	the compensation set by the commissioners court. The compensation
39	39	shall be paid from the general fund of the county.
40	40	Sec. 54.1955. POWERS. (a) Except as limited by an order of
41	41	the county judge, a magistrate appointed under this subchapter may:
42	42	(1) conduct hearings;
43	43	(2) hear evidence;
44	44	(3) issue summons for the appearance of witnesses;
45	45	(4) examine witnesses;
46	46	(5) swear witnesses for hearings;
47	47	(6) recommend rulings or orders or a judgment in a
48	48	case;
49	49	(7) regulate proceedings in a hearing;
50	50	(8) accept a plea of guilty or nolo contendere in a
51	51	case alleging a violation of Section 25.093 or 25.094, Education
52	52	Code, and assess a fine or court costs or order community service in
53	53	satisfaction of a fine or costs in accordance with Article 45.049,
54	54	Code of Criminal Procedure;
55	55	(9) enter an order suspending a sentence or deferring
56	56	a final disposition that includes at least one of the requirements
57	57	listed in Article 45.051, Code of Criminal Procedure;
58	58	(10) perform any act and take any measure necessary
59	59	and proper for the efficient performance of the duties required by
60	60	the referral order, including the entry of an order that includes at
61	61	least one of the requirements in Article 45.054, Code of Criminal
62	62	Procedure; and
63	63	(11) if the magistrate finds that a child as defined by
64	64	Article 45.058, Code of Criminal Procedure, has violated an order
65	65	under Article 45.054, Code of Criminal Procedure, proceed as
66	66	authorized by Article 45.050, Code of Criminal Procedure.
67	67	(b) With respect to an issue of law or fact the ruling on
68	68	which could result in the dismissal of a prosecution under Section
69	69	25.093 or 25.094, Education Code, a magistrate may not rule on the
70	70	issue but may make findings, conclusions, and recommendations on
71	71	the issue.
72	72	Sec. 54.1956. NOT GUILTY PLEA ENTERED. On entry of a not
73	73	guilty plea the magistrate shall refer the case back to the
74	74	referring court for all further pretrial proceedings and a full
75	75	trial on the merits before the court or a jury.
76	76	Sec. 54.1957. PAPERS TRANSMITTED TO JUDGE. (a) At the
77	77	conclusion of a hearing, the magistrate shall transmit to the judge
78	78	any papers relating to the case, including:
79	79	(1) the magistrate's findings and recommendations;
80	80	(2) a statement that notice of the findings and
81	81	recommendations and of the right to a hearing before the judge has
82	82	been given to all parties; and
83	83	(3) all other documents requested by the referring
84	84	judge.
85	85	(b) Unless the judge adopts, modifies, or rejects the
86	86	magistrate's findings or recommendations not later than the fifth
87	87	working day after the date the judge receives the findings or
88	88	recommendations, a magistrate's finding or recommendation is final
89	89	for appeal purposes.
90	90	(c) The judge shall send written notice of any modification
91	91	or rejection of the magistrate's findings or recommendations to
92	92	each party to the case and the attorney representing the state not
93	93	later than the fifth day after the date of the modification or
94	94	rejection.
95	95	SECTION 2. Article 2.09, Code of Criminal Procedure, is
96	96	amended to read as follows:
97	97	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
98	98	officers is a magistrate within the meaning of this Code: The
99	99	justices of the Supreme Court, the judges of the Court of Criminal
100	100	Appeals, the justices of the Courts of Appeals, the judges of the
101	101	District Court, the magistrates appointed by the judges of the
102	102	district courts of Bexar County, Dallas County, or Tarrant County
103	103	that give preference to criminal cases, the criminal law hearing
104	104	officers for Harris County appointed under Subchapter L, Chapter
105	105	54, Government Code, the criminal law hearing officers for Cameron
106	106	County appointed under Subchapter BB, Chapter 54, Government Code,
107	107	the magistrates appointed by the judges of the district courts of
108	108	Lubbock County, Nolan County, or Webb County, the magistrates
109	109	appointed by the judges of the criminal district courts of Dallas
110	110	County or Tarrant County, the masters appointed by the judges of the
111	111	district courts and the county courts at law that give preference to
112	112	criminal cases in Jefferson County, the magistrates appointed by
113	113	the judges of the district courts and the statutory county courts of
114	114	Brazos County, Nueces County, or Williamson County, the magistrates
115	115	appointed by the judges of the district courts and statutory county
116	116	courts that give preference to criminal cases in Travis County, the
117	117	criminal magistrates appointed by the Brazoria County
118	118	Commissioners Court, the county judges, the judges of the county
119	119	courts at law, judges of the county criminal courts, the judges of
120	120	statutory probate courts, the associate judges appointed by the
121	121	judges of the statutory probate courts under Subchapter G, Chapter
122	122	54, Government Code, the associate judges appointed by the judge of
123	123	a district court under Subchapter II, Chapter 54, Government Code,
124	124	the magistrates appointed under Subchapter JJ, Chapter 54,
125	125	Government Code, the justices of the peace, and the mayors and
126	126	recorders and the judges of the municipal courts of incorporated
127	127	cities or towns.
128	128	SECTION 3. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2011.
133	133	* * * * *