84R9968 YDB/SRS-D
By: Smithee H.B. No. 2768
A BILL TO BE ENTITLED
AN ACT
relating to the operation and administration of and practice in
courts in the judicial branch of state government and the
composition of certain juvenile boards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT COURTS AND DISTRICT ATTORNEYS
SECTION 1.01. Section 24.154(b), Government Code, is
amended to read as follows:
(b) The terms of the 52nd District Court begin on the first
Mondays in January and July [June].
SECTION 1.02. (a) Effective January 1, 2017, Subchapter C,
Chapter 24, Government Code, is amended by adding Section 24.584 to
read as follows:
Sec. 24.584. 440TH JUDICIAL DISTRICT (CORYELL COUNTY). The
440th Judicial District is composed of Coryell County.
(b) The 440th Judicial District is created January 1, 2017.
(c) Subchapter D, Chapter 74, Government Code, is amended by
adding Section 74.0971 to read as follows:
Sec. 74.0971. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR
CORYELL COUNTY. Notwithstanding Section 74.091(b), the local
administrative district judge for Coryell County is selected on the
basis of seniority from the district judges of the 52nd Judicial
District and the 440th Judicial District.
SECTION 1.03. (a) Subchapter C, Chapter 24, Government
Code, is amended by adding Section 24.590 to read as follows:
Sec. 24.590. 446TH JUDICIAL DISTRICT (ECTOR COUNTY). The
446th Judicial District is composed of Ector County.
(b) The 446th Judicial District is created September 1,
2015.
SECTION 1.04. (a) Subchapter D, Chapter 24, Government
Code, is amended by adding Section 24.641 to read as follows:
Sec. 24.641. 507TH JUDICIAL DISTRICT (HARRIS COUNTY). The
507th Judicial District is composed of Harris County.
(b) The 507th Judicial District is created September 1,
2015.
SECTION 1.05. (a) Subchapter D, Chapter 24, Government
Code, is amended by adding Sections 24.642 and 24.643 to read as
follows:
Sec. 24.642. 469TH JUDICIAL DISTRICT (COLLIN COUNTY). The
469th Judicial District is composed of Collin County.
Sec. 24.643. 470TH JUDICIAL DISTRICT (COLLIN COUNTY). The
470th Judicial District is composed of Collin County.
(b) The 469th and 470th Judicial Districts are created
September 1, 2015.
SECTION 1.06. (a) Section 46.002, Government Code, is
amended to read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county prosecutors,
and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg
Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 25th,
26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
452nd, and 506th judicial districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro,
Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith,
Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Callahan, Cameron,
Castro, Colorado, Crosby, Ellis, Falls, Freestone, Gonzales,
Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam,
Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson,
Rusk, Swisher, Terry, Webb, and Willacy.
(b) Section 43.156(b), Government Code, is repealed.
ARTICLE 2. STATUTORY COUNTY COURTS
SECTION 2.01. (a) Section 25.0331(a), Government Code, is
amended to read as follows:
(a) Cameron County has the following statutory county
courts:
(1) County Court at Law No. 1 of Cameron County;
(2) County Court at Law No. 2 of Cameron County; [and]
(3) County Court at Law No. 3 of Cameron County;
(4) County Court at Law No. 4 of Cameron County; and
(5) County Court at Law No. 5 of Cameron County.
(b) Section 25.0332, Government Code, is amended by adding
Subsection (b) to read as follows:
(b) The County Court at Law No. 4 of Cameron County shall
give preference to probate, guardianship, and mental health
matters.
(c) The County Court at Law No. 4 of Cameron County is
created on January 1, 2016.
(d) The County Court at Law No. 5 of Cameron County is
created on January 1, 2018.
SECTION 2.02. Section 25.2223(a), Government Code, is
amended to read as follows:
(a) A county criminal court in Tarrant County has
jurisdiction over all criminal matters and causes, original and
appellate, prescribed by law for county courts, but does not have
original civil jurisdiction. The County Criminal Courts Nos. 5 and
10 of Tarrant County also have concurrent jurisdiction within the
county of all appeals [from criminal convictions] under the laws of
this state and the municipal ordinances of the municipalities
located in Tarrant County that are appealed from the justice courts
and municipal courts in the county. The County Criminal Courts Nos.
5, 7, 8, 9, and 10 of Tarrant County also have concurrent
jurisdiction with the district court in felony cases to conduct
arraignments, conduct pretrial hearings, and accept guilty pleas.
ARTICLE 3. MAGISTRATES, CERTAIN JUVENILE BOARDS, AND CRIMINAL LAW
HEARING OFFICERS
SECTION 3.01. (a) Section 54.1356(a), Government Code, is
amended to read as follows:
(a) A criminal law hearing officer appointed under this
subchapter has limited concurrent jurisdiction over criminal cases
filed in the district courts, statutory county courts, and justice
courts of the county. The jurisdiction of the criminal law hearing
officer is limited to:
(1) determining probable cause for further detention
of any person detained on a criminal complaint, information, or
indictment filed in the district courts, statutory county courts,
or justice courts of the county;
(2) committing the defendant to jail, discharging the
defendant from custody, or admitting the defendant to bail, as the
law and facts of the case require;
(3) issuing search warrants and arrest warrants as
provided by law for magistrates;
(4) as to criminal cases filed in justice courts,
disposing of cases as provided by law, other than by trial, and
collecting fines and enforcing judgments and orders of the justice
courts in criminal cases;
(5) hearing, considering, and ruling on writs of
habeas corpus filed under Article 17.151, Code of Criminal
Procedure; [and]
(6) on motion of the district attorney:
(A) dismissing a criminal case when the arresting
agency has not timely filed the offense report with the district
attorney; and
(B) reducing the amount of bond on prisoners held
at the county jail whose cases have not been filed in a district
court or a statutory county court; and
(7) presiding over an extradition proceeding under
Article 51.13, Code of Criminal Procedure.
(b) Section 54.1358, Government Code, is amended by adding
Subsections (f) and (g) to read as follows:
(f) In accordance with Article 26.13, Code of Criminal
Procedure, a criminal law hearing officer may accept a plea of
guilty or nolo contendere.
(g) A criminal law hearing officer may determine whether a
defendant is indigent and appoint counsel for an indigent
defendant.
(c) Subchapter BB, Chapter 54, Government Code, is amended
by adding Section 54.1362 to read as follows:
Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district
judge or a county court at law judge may refer to a criminal law
hearing officer any criminal case for proceedings involving:
(1) a bond forfeiture;
(2) the arraignment of defendants;
(3) the determination of whether a defendant is
indigent and the appointment of counsel for an indigent defendant;
and
(4) a negotiated plea of guilty or nolo contendere
before the court, in accordance with Article 26.13, Code of
Criminal Procedure.
SECTION 3.02. (a) 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.
(b) 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.
(c) This section takes effect immediately if this Act
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 section takes effect September 1, 2015.
SECTION 3.03. Section 152.0131(a), Human Resources Code, is
amended to read as follows:
(a) The juvenile board of Atascosa County is composed of the
county judge, [and] the district judges in Atascosa County, and the
judge of the County Court at Law of Atascosa County.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2015.