Texas 2015 - 84th Regular

Texas House Bill HB2768 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9968 YDB/SRS-D
2	2	By: Smithee H.B. No. 2768
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation and administration of and practice in
8	8	courts in the judicial branch of state government and the
9	9	composition of certain juvenile boards.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. DISTRICT COURTS AND DISTRICT ATTORNEYS
12	12	SECTION 1.01. Section 24.154(b), Government Code, is
13	13	amended to read as follows:
14	14	(b) The terms of the 52nd District Court begin on the first
15	15	Mondays in January and July [June].
16	16	SECTION 1.02. (a) Effective January 1, 2017, Subchapter C,
17	17	Chapter 24, Government Code, is amended by adding Section 24.584 to
18	18	read as follows:
19	19	Sec. 24.584. 440TH JUDICIAL DISTRICT (CORYELL COUNTY). The
20	20	440th Judicial District is composed of Coryell County.
21	21	(b) The 440th Judicial District is created January 1, 2017.
22	22	(c) Subchapter D, Chapter 74, Government Code, is amended by
23	23	adding Section 74.0971 to read as follows:
24	24	Sec. 74.0971. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR
25	25	CORYELL COUNTY. Notwithstanding Section 74.091(b), the local
26	26	administrative district judge for Coryell County is selected on the
27	27	basis of seniority from the district judges of the 52nd Judicial
28	28	District and the 440th Judicial District.
29	29	SECTION 1.03. (a) Subchapter C, Chapter 24, Government
30	30	Code, is amended by adding Section 24.590 to read as follows:
31	31	Sec. 24.590. 446TH JUDICIAL DISTRICT (ECTOR COUNTY). The
32	32	446th Judicial District is composed of Ector County.
33	33	(b) The 446th Judicial District is created September 1,
34	34	2015.
35	35	SECTION 1.04. (a) Subchapter D, Chapter 24, Government
36	36	Code, is amended by adding Section 24.641 to read as follows:
37	37	Sec. 24.641. 507TH JUDICIAL DISTRICT (HARRIS COUNTY). The
38	38	507th Judicial District is composed of Harris County.
39	39	(b) The 507th Judicial District is created September 1,
40	40	2015.
41	41	SECTION 1.05. (a) Subchapter D, Chapter 24, Government
42	42	Code, is amended by adding Sections 24.642 and 24.643 to read as
43	43	follows:
44	44	Sec. 24.642. 469TH JUDICIAL DISTRICT (COLLIN COUNTY). The
45	45	469th Judicial District is composed of Collin County.
46	46	Sec. 24.643. 470TH JUDICIAL DISTRICT (COLLIN COUNTY). The
47	47	470th Judicial District is composed of Collin County.
48	48	(b) The 469th and 470th Judicial Districts are created
49	49	September 1, 2015.
50	50	SECTION 1.06. (a) Section 46.002, Government Code, is
51	51	amended to read as follows:
52	52	Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
53	53	applies to the state prosecuting attorney, all county prosecutors,
54	54	and the following state prosecutors:
55	55	(1) the district attorneys for Kenedy and Kleberg
56	56	Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 25th,
57	57	26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
58	58	42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
59	59	66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
60	60	97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
61	61	123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
62	62	198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
63	63	268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
64	64	452nd, and 506th judicial districts;
65	65	(2) the criminal district attorneys for the counties
66	66	of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
67	67	Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
68	68	Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
69	69	Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro,
70	70	Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith,
71	71	Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
72	72	Waller, Wichita, Wood, and Yoakum; and
73	73	(3) the county attorneys performing the duties of
74	74	district attorneys in the counties of Andrews, Callahan, Cameron,
75	75	Castro, Colorado, Crosby, Ellis, Falls, Freestone, Gonzales,
76	76	Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam,
77	77	Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson,
78	78	Rusk, Swisher, Terry, Webb, and Willacy.
79	79	(b) Section 43.156(b), Government Code, is repealed.
80	80	ARTICLE 2. STATUTORY COUNTY COURTS
81	81	SECTION 2.01. (a) Section 25.0331(a), Government Code, is
82	82	amended to read as follows:
83	83	(a) Cameron County has the following statutory county
84	84	courts:
85	85	(1) County Court at Law No. 1 of Cameron County;
86	86	(2) County Court at Law No. 2 of Cameron County; [and]
87	87	(3) County Court at Law No. 3 of Cameron County;
88	88	(4) County Court at Law No. 4 of Cameron County; and
89	89	(5) County Court at Law No. 5 of Cameron County.
90	90	(b) Section 25.0332, Government Code, is amended by adding
91	91	Subsection (b) to read as follows:
92	92	(b) The County Court at Law No. 4 of Cameron County shall
93	93	give preference to probate, guardianship, and mental health
94	94	matters.
95	95	(c) The County Court at Law No. 4 of Cameron County is
96	96	created on January 1, 2016.
97	97	(d) The County Court at Law No. 5 of Cameron County is
98	98	created on January 1, 2018.
99	99	SECTION 2.02. Section 25.2223(a), Government Code, is
100	100	amended to read as follows:
101	101	(a) A county criminal court in Tarrant County has
102	102	jurisdiction over all criminal matters and causes, original and
103	103	appellate, prescribed by law for county courts, but does not have
104	104	original civil jurisdiction. The County Criminal Courts Nos. 5 and
105	105	10 of Tarrant County also have concurrent jurisdiction within the
106	106	county of all appeals [from criminal convictions] under the laws of
107	107	this state and the municipal ordinances of the municipalities
108	108	located in Tarrant County that are appealed from the justice courts
109	109	and municipal courts in the county. The County Criminal Courts Nos.
110	110	5, 7, 8, 9, and 10 of Tarrant County also have concurrent
111	111	jurisdiction with the district court in felony cases to conduct
112	112	arraignments, conduct pretrial hearings, and accept guilty pleas.
113	113	ARTICLE 3. MAGISTRATES, CERTAIN JUVENILE BOARDS, AND CRIMINAL LAW
114	114	HEARING OFFICERS
115	115	SECTION 3.01. (a) Section 54.1356(a), Government Code, is
116	116	amended to read as follows:
117	117	(a) A criminal law hearing officer appointed under this
118	118	subchapter has limited concurrent jurisdiction over criminal cases
119	119	filed in the district courts, statutory county courts, and justice
120	120	courts of the county. The jurisdiction of the criminal law hearing
121	121	officer is limited to:
122	122	(1) determining probable cause for further detention
123	123	of any person detained on a criminal complaint, information, or
124	124	indictment filed in the district courts, statutory county courts,
125	125	or justice courts of the county;
126	126	(2) committing the defendant to jail, discharging the
127	127	defendant from custody, or admitting the defendant to bail, as the
128	128	law and facts of the case require;
129	129	(3) issuing search warrants and arrest warrants as
130	130	provided by law for magistrates;
131	131	(4) as to criminal cases filed in justice courts,
132	132	disposing of cases as provided by law, other than by trial, and
133	133	collecting fines and enforcing judgments and orders of the justice
134	134	courts in criminal cases;
135	135	(5) hearing, considering, and ruling on writs of
136	136	habeas corpus filed under Article 17.151, Code of Criminal
137	137	Procedure; [and]
138	138	(6) on motion of the district attorney:
139	139	(A) dismissing a criminal case when the arresting
140	140	agency has not timely filed the offense report with the district
141	141	attorney; and
142	142	(B) reducing the amount of bond on prisoners held
143	143	at the county jail whose cases have not been filed in a district
144	144	court or a statutory county court; and
145	145	(7) presiding over an extradition proceeding under
146	146	Article 51.13, Code of Criminal Procedure.
147	147	(b) Section 54.1358, Government Code, is amended by adding
148	148	Subsections (f) and (g) to read as follows:
149	149	(f) In accordance with Article 26.13, Code of Criminal
150	150	Procedure, a criminal law hearing officer may accept a plea of
151	151	guilty or nolo contendere.
152	152	(g) A criminal law hearing officer may determine whether a
153	153	defendant is indigent and appoint counsel for an indigent
154	154	defendant.
155	155	(c) Subchapter BB, Chapter 54, Government Code, is amended
156	156	by adding Section 54.1362 to read as follows:
157	157	Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district
158	158	judge or a county court at law judge may refer to a criminal law
159	159	hearing officer any criminal case for proceedings involving:
160	160	(1) a bond forfeiture;
161	161	(2) the arraignment of defendants;
162	162	(3) the determination of whether a defendant is
163	163	indigent and the appointment of counsel for an indigent defendant;
164	164	and
165	165	(4) a negotiated plea of guilty or nolo contendere
166	166	before the court, in accordance with Article 26.13, Code of
167	167	Criminal Procedure.
168	168	SECTION 3.02. (a) Chapter 54, Government Code, is amended
169	169	by adding Subchapter LL to read as follows:
170	170	SUBCHAPTER LL. GALVESTON COUNTY CRIMINAL MAGISTRATES
171	171	Sec. 54.2051. APPOINTMENT. (a) The Commissioners Court of
172	172	Galveston County may select magistrates to serve the courts of
173	173	Galveston County having jurisdiction in criminal matters.
174	174	(b) The commissioners court shall establish the minimum
175	175	qualifications, salary, benefits, and other compensation of each
176	176	magistrate position and shall determine whether the position is
177	177	full-time or part-time. The qualifications must require the
178	178	magistrate to have served as a justice of the peace or be an
179	179	attorney licensed in this state.
180	180	(c) A magistrate appointed under this section serves at the
181	181	pleasure of the commissioners court.
182	182	Sec. 54.2052. JURISDICTION. A magistrate has concurrent
183	183	criminal jurisdiction with the judges of the justice of the peace
184	184	courts of Galveston County.
185	185	Sec. 54.2053. POWERS AND DUTIES. (a) The Commissioners
186	186	Court of Galveston County shall establish the powers and duties of a
187	187	magistrate appointed under this subchapter. Except as otherwise
188	188	provided by the commissioners court, a magistrate has the powers of
189	189	a magistrate under the Code of Criminal Procedure and other laws of
190	190	this state and may administer an oath for any purpose.
191	191	(b) A magistrate shall give preference to performing the
192	192	duties of a magistrate under Article 15.17, Code of Criminal
193	193	Procedure.
194	194	(c) The commissioners court may designate one or more
195	195	magistrates to hold regular hearings to:
196	196	(1) give admonishments;
197	197	(2) set and review bail and conditions of release;
198	198	(3) appoint legal counsel; and
199	199	(4) determine other routine matters relating to
200	200	preindictment or pending cases within those courts' jurisdiction.
201	201	(d) In the hearings provided under Subsection (c), a
202	202	magistrate shall give preference to the case of an individual held
203	203	in county jail.
204	204	(e) A magistrate may inquire into a defendant's intended
205	205	plea to the charge and set the case for an appropriate hearing
206	206	before a judge or master.
207	207	Sec. 54.2054. JUDICIAL IMMUNITY. A magistrate has the same
208	208	judicial immunity as a district judge.
209	209	Sec. 54.2055. WITNESSES. (a) A witness who is sworn and
210	210	who appears before a magistrate is subject to the penalties for
211	211	perjury and aggravated perjury provided by law.
212	212	(b) A referring court may fine or imprison a witness or
213	213	other court participant for failure to appear after being summoned,
214	214	refusal to answer questions, or other acts of direct contempt
215	215	before a magistrate.
216	216	(b) Article 2.09, Code of Criminal Procedure, is amended to
217	217	read as follows:
218	218	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
219	219	officers is a magistrate within the meaning of this Code: The
220	220	justices of the Supreme Court, the judges of the Court of Criminal
221	221	Appeals, the justices of the Courts of Appeals, the judges of the
222	222	District Court, the magistrates appointed by the judges of the
223	223	district courts of Bexar County, Dallas County, or Tarrant County
224	224	that give preference to criminal cases, the criminal law hearing
225	225	officers for Harris County appointed under Subchapter L, Chapter
226	226	54, Government Code, the criminal law hearing officers for Cameron
227	227	County appointed under Subchapter BB, Chapter 54, Government Code,
228	228	the magistrates or associate judges appointed by the judges of the
229	229	district courts of Lubbock County, Nolan County, or Webb County,
230	230	the magistrates appointed by the judges of the criminal district
231	231	courts of Dallas County or Tarrant County, the associate judges
232	232	appointed by the judges of the district courts and the county courts
233	233	at law that give preference to criminal cases in Jefferson County,
234	234	the associate judges appointed by the judges of the district courts
235	235	and the statutory county courts of Brazos County, Nueces County, or
236	236	Williamson County, the magistrates appointed by the judges of the
237	237	district courts and statutory county courts that give preference to
238	238	criminal cases in Travis County, the criminal magistrates appointed
239	239	by the Brazoria County Commissioners Court, the criminal
240	240	magistrates appointed by the Burnet County Commissioners Court, the
241	241	criminal magistrates appointed by the Galveston County
242	242	Commissioners Court, the county judges, the judges of the county
243	243	courts at law, judges of the county criminal courts, the judges of
244	244	statutory probate courts, the associate judges appointed by the
245	245	judges of the statutory probate courts under Chapter 54A,
246	246	Government Code, the associate judges appointed by the judge of a
247	247	district court under Chapter 54A, Government Code, the magistrates
248	248	appointed under Subchapter JJ, Chapter 54, Government Code, as
249	249	added by H.B. No. 2132, Acts of the 82nd Legislature, Regular
250	250	Session, 2011, the justices of the peace, and the mayors and
251	251	recorders and the judges of the municipal courts of incorporated
252	252	cities or towns.
253	253	(c) This section takes effect immediately if this Act
254	254	receives a vote of two-thirds of all the members elected to each
255	255	house, as provided by Section 39, Article III, Texas Constitution.
256	256	If this Act does not receive the vote necessary for immediate
257	257	effect, this section takes effect September 1, 2015.
258	258	SECTION 3.03. Section 152.0131(a), Human Resources Code, is
259	259	amended to read as follows:
260	260	(a) The juvenile board of Atascosa County is composed of the
261	261	county judge, [and] the district judges in Atascosa County, and the
262	262	judge of the County Court at Law of Atascosa County.
263	263	ARTICLE 4. EFFECTIVE DATE
264	264	SECTION 4.01. Except as otherwise provided by this Act,
265	265	this Act takes effect September 1, 2015.