| 1 | 1 | | 84R12009 LED-F |
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| 2 | 2 | | By: Farias H.B. No. 3728 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of veterans court program |
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| 8 | 8 | | proceedings before a magistrate. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 54, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter LL to read as follows: |
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| 12 | 12 | | SUBCHAPTER LL. MAGISTRATES FOR VETERANS COURT PROGRAMS |
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| 13 | 13 | | Sec. 54.2051. DEFINITION. In this subchapter, "veterans |
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| 14 | 14 | | court program" has the meaning assigned by Section 124.001. |
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| 15 | 15 | | Sec. 54.2052. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 16 | 16 | | applies to each district court and statutory county court with |
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| 17 | 17 | | criminal jurisdiction in this state. If a provision of this |
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| 18 | 18 | | subchapter conflicts with a specific provision for a particular |
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| 19 | 19 | | district court or statutory county court, the specific provision |
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| 20 | 20 | | controls. |
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| 21 | 21 | | Sec. 54.2053. APPOINTMENT. (a) The judges of the district |
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| 22 | 22 | | courts of a county hearing criminal cases and the judges of the |
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| 23 | 23 | | statutory county courts with criminal jurisdiction in a county, |
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| 24 | 24 | | with the consent and approval of the commissioners court of the |
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| 25 | 25 | | county, may appoint the number of magistrates set by the |
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| 26 | 26 | | commissioners court to perform the duties associated with the |
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| 27 | 27 | | administration of veterans court programs as authorized by this |
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| 28 | 28 | | subchapter. |
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| 29 | 29 | | (b) Each magistrate's appointment must be made with the |
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| 30 | 30 | | approval of the majority of the district court or statutory county |
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| 31 | 31 | | court judges described in Subsection (a), as applicable. |
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| 32 | 32 | | (c) A magistrate appointed under this section serves at the |
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| 33 | 33 | | will of a majority of the appointing judges. |
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| 34 | 34 | | Sec. 54.2054. QUALIFICATIONS. A magistrate must: |
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| 35 | 35 | | (1) be a resident of this state and of the county in |
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| 36 | 36 | | which the magistrate is appointed to serve under this subchapter; |
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| 37 | 37 | | and |
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| 38 | 38 | | (2) have been licensed to practice law in this state |
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| 39 | 39 | | for at least four years. |
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| 40 | 40 | | Sec. 54.2055. COMPENSATION. A magistrate is entitled to |
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| 41 | 41 | | the salary determined by the county commissioners court. |
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| 42 | 42 | | Sec. 54.2056. JUDICIAL IMMUNITY. A magistrate has the same |
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| 43 | 43 | | judicial immunity as a judge of a district court or statutory county |
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| 44 | 44 | | court appointing the magistrate. |
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| 45 | 45 | | Sec. 54.2057. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
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| 46 | 46 | | district judge or judge of a statutory county court with criminal |
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| 47 | 47 | | jurisdiction may refer to a magistrate a criminal case for veterans |
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| 48 | 48 | | court program proceedings. |
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| 49 | 49 | | (b) A magistrate may not preside over a contested trial on |
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| 50 | 50 | | the merits, regardless of whether the trial is before a jury. |
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| 51 | 51 | | Sec. 54.2058. ORDER OF REFERRAL. (a) To refer one or more |
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| 52 | 52 | | cases to a veterans court program magistrate, a district judge or |
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| 53 | 53 | | judge of a statutory county court with criminal jurisdiction must |
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| 54 | 54 | | issue an order of referral specifying the magistrate's duties. |
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| 55 | 55 | | (b) An order of referral may: |
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| 56 | 56 | | (1) limit the powers of the magistrate and direct the |
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| 57 | 57 | | magistrate to report on specific issues and perform particular |
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| 58 | 58 | | acts; |
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| 59 | 59 | | (2) set the time and place for the hearing; |
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| 60 | 60 | | (3) provide a date for filing the magistrate's |
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| 61 | 61 | | findings; |
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| 62 | 62 | | (4) designate proceedings for more than one case over |
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| 63 | 63 | | which the magistrate shall preside; |
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| 64 | 64 | | (5) impose graduated sanctions on a defendant, |
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| 65 | 65 | | including confinement in a county jail and placement in a |
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| 66 | 66 | | residential facility; and |
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| 67 | 67 | | (6) set forth general powers and limitations of |
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| 68 | 68 | | authority of the magistrate applicable to any case referred. |
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| 69 | 69 | | Sec. 54.2059. POWERS. Except as limited by an order of |
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| 70 | 70 | | referral, a magistrate to whom a veterans court program case is |
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| 71 | 71 | | referred may perform any act and take any measure necessary and |
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| 72 | 72 | | proper for the efficient performance of the duties assigned by the |
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| 73 | 73 | | district or statutory county court judge. |
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| 74 | 74 | | SECTION 2. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2015. |
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