82R7896 PMO-F
By: Hegar S.B. No. 1131
A BILL TO BE ENTITLED
AN ACT
relating to the creation of magistrates in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter JJ to read as follows:
SUBCHAPTER JJ. MAGISTRATES IN CERTAIN COUNTIES
Sec. 54.1951. APPLICATION OF SUBCHAPTER. This subchapter
applies to a constitutional county court in a county that:
(1) has a population of more than 585,000; and
(2) is contiguous to a county with a population of at
least four million.
Sec. 54.1952. APPOINTMENT. (a) The county judge may
appoint one or more part-time or full-time magistrates to hear a
matter alleging a violation of Section 25.093 or 25.094, Education
Code, referred to the magistrate by a court having jurisdiction
over the matter.
(b) An appointment under Subsection (a) is subject to the
approval of the commissioners court.
(c) A magistrate serves at the pleasure of the county judge.
Sec. 54.1953. QUALIFICATIONS. A magistrate must:
(1) be a citizen of this state;
(2) have resided in the county for at least six months
before the date of the appointment; and
(3) have:
(A) served as a justice of the peace for at least
four years before the date of appointment; or
(B) been licensed to practice law in this state
for at least four years before the date of appointment.
Sec. 54.1954. COMPENSATION. A magistrate is entitled to
the compensation set by the commissioners court. The compensation
shall be paid from the general fund of the county.
Sec. 54.1955. POWERS. (a) Except as limited by an order of
the county judge, a magistrate appointed under this subchapter may:
(1) conduct hearings;
(2) hear evidence;
(3) issue summons for the appearance of witnesses;
(4) examine witnesses;
(5) swear witnesses for hearings;
(6) recommend rulings or orders or a judgment in a
case;
(7) regulate proceedings in a hearing;
(8) accept a plea of guilty or nolo contendere in a
case alleging a violation of Section 25.093 or 25.094, Education
Code, and assess a fine or court costs or order community service in
satisfaction of a fine or costs in accordance with Article 45.049,
Code of Criminal Procedure;
(9) enter an order suspending a sentence or deferring
a final disposition that includes at least one of the requirements
listed in Article 45.051, Code of Criminal Procedure;
(10) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the referral order, including the entry of an order that includes at
least one of the requirements in Article 45.054, Code of Criminal
Procedure; and
(11) if the magistrate finds that a child as defined by
Article 45.058, Code of Criminal Procedure, has violated an order
under Article 45.054, Code of Criminal Procedure, proceed as
authorized by Article 45.050, Code of Criminal Procedure.
(b) With respect to an issue of law or fact the ruling on
which could result in the dismissal of a prosecution under Section
25.093 or 25.094, Education Code, a magistrate may not rule on the
issue but may make findings, conclusions, and recommendations on
the issue.
Sec. 54.1956. NOT GUILTY PLEA ENTERED. On entry of a not
guilty plea the magistrate shall refer the case back to the
referring court for all further pretrial proceedings and a full
trial on the merits before the court or a jury.
Sec. 54.1957. PAPERS TRANSMITTED TO JUDGE. (a) At the
conclusion of a hearing, the magistrate shall transmit to the judge
any papers relating to the case, including:
(1) the magistrate's findings and recommendations;
(2) a statement that notice of the findings and
recommendations and of the right to a hearing before the judge has
been given to all parties; and
(3) all other documents requested by the referring
judge.
(b) Unless the judge adopts, modifies, or rejects the
magistrate's findings or recommendations not later than the fifth
working day after the date the judge receives the findings or
recommendations, a magistrate's finding or recommendation is final
for appeal purposes.
(c) The judge shall send written notice of any modification
or rejection of the magistrate's findings or recommendations to
each party to the case and the attorney representing the state not
later than the fifth day after the date of the modification or
rejection.
SECTION 2. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, or Tarrant County
that give preference to criminal cases, the criminal law hearing
officers for Harris County appointed under Subchapter L, Chapter
54, Government Code, the criminal law hearing officers for Cameron
County appointed under Subchapter BB, Chapter 54, Government Code,
the magistrates appointed by the judges of the district courts of
Lubbock County, Nolan County, or Webb County, the magistrates
appointed by the judges of the criminal district courts of Dallas
County or Tarrant County, the masters appointed by the judges of the
district courts and the county courts at law that give preference to
criminal cases in Jefferson County, the magistrates appointed by
the judges of the district courts and the statutory county courts of
Brazos County, Nueces County, or Williamson County, the magistrates
appointed by the judges of the district courts and statutory county
courts that give preference to criminal cases in Travis County, the
criminal magistrates appointed by the Brazoria County
Commissioners Court, the county judges, the judges of the county
courts at law, judges of the county criminal courts, the judges of
statutory probate courts, the associate judges appointed by the
judges of the statutory probate courts under Subchapter G, Chapter
54, Government Code, the associate judges appointed by the judge of
a district court under Subchapter II, Chapter 54, Government Code,
the magistrates appointed under Subchapter JJ, Chapter 54,
Government Code, the justices of the peace, and the mayors and
recorders and the judges of the municipal courts of incorporated
cities or towns.
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, 2011.