84R12009 LED-F
By: Farias H.B. No. 3728
A BILL TO BE ENTITLED
AN ACT
relating to the administration of veterans court program
proceedings before a magistrate.
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. MAGISTRATES FOR VETERANS COURT PROGRAMS
Sec. 54.2051. DEFINITION. In this subchapter, "veterans
court program" has the meaning assigned by Section 124.001.
Sec. 54.2052. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to each district court and statutory county court with
criminal jurisdiction in this state. If a provision of this
subchapter conflicts with a specific provision for a particular
district court or statutory county court, the specific provision
controls.
Sec. 54.2053. APPOINTMENT. (a) The judges of the district
courts of a county hearing criminal cases and the judges of the
statutory county courts with criminal jurisdiction in a county,
with the consent and approval of the commissioners court of the
county, may appoint the number of magistrates set by the
commissioners court to perform the duties associated with the
administration of veterans court programs as authorized by this
subchapter.
(b) Each magistrate's appointment must be made with the
approval of the majority of the district court or statutory county
court judges described in Subsection (a), as applicable.
(c) A magistrate appointed under this section serves at the
will of a majority of the appointing judges.
Sec. 54.2054. QUALIFICATIONS. A magistrate must:
(1) be a resident of this state and of the county in
which the magistrate is appointed to serve under this subchapter;
and
(2) have been licensed to practice law in this state
for at least four years.
Sec. 54.2055. COMPENSATION. A magistrate is entitled to
the salary determined by the county commissioners court.
Sec. 54.2056. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a judge of a district court or statutory county
court appointing the magistrate.
Sec. 54.2057. PROCEEDINGS THAT MAY BE REFERRED. (a) A
district judge or judge of a statutory county court with criminal
jurisdiction may refer to a magistrate a criminal case for veterans
court program proceedings.
(b) A magistrate may not preside over a contested trial on
the merits, regardless of whether the trial is before a jury.
Sec. 54.2058. ORDER OF REFERRAL. (a) To refer one or more
cases to a veterans court program magistrate, a district judge or
judge of a statutory county court with criminal jurisdiction must
issue an order of referral specifying the magistrate's duties.
(b) An order of referral may:
(1) limit the powers of the magistrate and direct the
magistrate to report on specific issues and perform particular
acts;
(2) set the time and place for the hearing;
(3) provide a date for filing the magistrate's
findings;
(4) designate proceedings for more than one case over
which the magistrate shall preside;
(5) impose graduated sanctions on a defendant,
including confinement in a county jail and placement in a
residential facility; and
(6) set forth general powers and limitations of
authority of the magistrate applicable to any case referred.
Sec. 54.2059. POWERS. Except as limited by an order of
referral, a magistrate to whom a veterans court program case is
referred may perform any act and take any measure necessary and
proper for the efficient performance of the duties assigned by the
district or statutory county court judge.
SECTION 2. 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.