84R9180 YDB-D
By: Faircloth H.B. No. 2180
A BILL TO BE ENTITLED
AN ACT
relating to the creation of criminal law magistrates for Galveston
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter LL to read as follows:
SUBCHAPTER LL. GALVESTON COUNTY CRIMINAL MAGISTRATES
Sec. 54.2051. APPOINTMENT. (a) The Commissioners Court of
Galveston County may select magistrates to serve the courts of
Galveston County having jurisdiction in criminal matters.
(b) The commissioners court shall establish the minimum
qualifications, salary, benefits, and other compensation of each
magistrate position and shall determine whether the position is
full-time or part-time. The qualifications must require the
magistrate to have served as a justice of the peace or be an
attorney licensed in this state.
(c) A magistrate appointed under this section serves at the
pleasure of the commissioners court.
Sec. 54.2052. JURISDICTION. A magistrate has concurrent
criminal jurisdiction with the judges of the justice of the peace
courts of Galveston County.
Sec. 54.2053. POWERS AND DUTIES. (a) The Commissioners
Court of Galveston County shall establish the powers and duties of a
magistrate appointed under this subchapter. Except as otherwise
provided by the commissioners court, a magistrate has the powers of
a magistrate under the Code of Criminal Procedure and other laws of
this state and may administer an oath for any purpose.
(b) A magistrate shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(c) The commissioners court may designate one or more
magistrates to hold regular hearings to:
(1) give admonishments;
(2) set and review bail and conditions of release;
(3) appoint legal counsel; and
(4) determine other routine matters relating to
preindictment or pending cases within those courts' jurisdiction.
(d) In the hearings provided under Subsection (c), a
magistrate shall give preference to the case of an individual held
in county jail.
(e) A magistrate may inquire into a defendant's intended
plea to the charge and set the case for an appropriate hearing
before a judge or master.
Sec. 54.2054. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.2055. WITNESSES. (a) A witness who is sworn and
who appears before a magistrate is subject to the penalties for
perjury and aggravated perjury provided by law.
(b) A referring court may fine or imprison a witness or
other court participant for failure to appear after being summoned,
refusal to answer questions, or other acts of direct contempt
before a magistrate.
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 or associate judges 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 associate judges
appointed by the judges of the district courts and the county courts
at law that give preference to criminal cases in Jefferson County,
the associate judges 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 criminal
magistrates appointed by the Burnet County Commissioners Court, the
criminal magistrates appointed by the Galveston 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 Chapter 54A,
Government Code, the associate judges appointed by the judge of a
district court under Chapter 54A, Government Code, the magistrates
appointed under Subchapter JJ, Chapter 54, Government Code, as
added by H.B. No. 2132, Acts of the 82nd Legislature, Regular
Session, 2011, 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, 2015.