By: Huffman, Zaffirini S.B. No. 1139
(In the Senate - Filed March 10, 2015; March 17, 2015, read
first time and referred to Committee on State Affairs;
April 16, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 16, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1139 By: Huffman
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, Section
24.275, Government Code, is amended to read as follows:
Sec. 24.275. 216TH JUDICIAL DISTRICT (GILLESPIE[,
KENDALL,] AND KERR COUNTIES). The 216th Judicial District is
composed of Gillespie[, Kendall,] and Kerr counties.
(b) Effective January 1, 2017, Subchapter C, Chapter 24,
Government Code, is amended by adding Section 24.591 to read as
follows:
Sec. 24.591. 451ST JUDICIAL DISTRICT (KENDALL COUNTY).
(a) The 451st Judicial District is composed of Kendall County.
(b) In addition to the other jurisdiction provided by law,
the 451st District Court has concurrent jurisdiction with the
County Court of Kendall County in all civil and criminal matters
over which the county court would have original or appellate
jurisdiction, including probate matters and proceedings under
Subtitle C, Title 7, Health and Safety Code.
(c) All civil and criminal matters within the concurrent
jurisdiction of the county and district courts must be filed with
the county clerk in the county court. The county clerk serves as
the clerk of the district court for those matters.
(c) Effective January 1, 2017, Section 44.001, Government
Code, is amended to read as follows:
Sec. 44.001. ELECTION. The voters of each of the following
counties elect a criminal district attorney: Anderson, Austin,
Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston,
Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper,
Jefferson, Kaufman, Kendall, 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.
(d) Effective January 1, 2017, Subchapter B, Chapter 44,
Government Code, is amended by adding Section 44.230 to read as
follows:
Sec. 44.230. KENDALL COUNTY. (a) The criminal district
attorney of Kendall County must meet the following qualifications:
(1) be at least 30 years old;
(2) have been a practicing attorney in this state for
at least five years; and
(3) have been a resident of Kendall County for at least
one year before election or appointment.
(b) The criminal district attorney has all the powers,
duties, and privileges in Kendall County that are conferred by law
on county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall attend each term
and session of the district and inferior courts of Kendall County,
except municipal courts, held for the transaction of criminal
business and shall exclusively represent the state in all criminal
matters before those courts.
(d) The criminal district attorney shall represent Kendall
County in any court in which the county has pending business. This
subsection does not require the criminal district attorney to
represent the county in a delinquent tax suit or condemnation
proceeding and does not prevent the county from retaining other
legal counsel in a civil matter at any time it considers appropriate
to do so.
(e) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(f) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to the
amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller as appropriated by
the legislature. The Commissioners Court of Kendall County shall
pay the criminal district attorney an additional amount so that the
total compensation of the criminal district attorney equals at
least 90 percent of the total salary paid to the judge of the 451st
District Court in Kendall County. The compensation paid by the
county shall be paid in semiweekly or bimonthly installments, as
determined by the commissioners court.
(g) The criminal district attorney or the Commissioners
Court of Kendall County may accept gifts and grants from any
individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting effective prosecution, crime prevention or suppression,
rehabilitation of offenders, substance abuse education, treatment
and prevention, or crime victim assistance programs in Kendall
County. The criminal district attorney shall account for and
report to the commissioners court all gifts or grants accepted
under this subsection.
(h) The criminal district attorney, for the purpose of
conducting affairs of the office, may appoint a staff composed of
assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel that the commissioners
court may authorize. The salary of a staff member is an amount
recommended by the criminal district attorney and approved by the
commissioners court. The commissioners court shall pay the
salaries of the staff in equal semiweekly or bimonthly installments
from county funds.
(i) The criminal district attorney shall, with the advice
and consent of the commissioners court, designate one or more
individuals to act as an assistant criminal district attorney with
exclusive responsibility for assisting the commissioners court. An
individual designated as an assistant criminal district attorney
under this subsection must have extensive experience in
representing public entities and knowledge of the laws affecting
counties, including the open meetings and open records laws under
Chapters 551 and 552.
(j) Kendall County is entitled to receive from the state an
amount equal to the amount provided in the General Appropriations
Act to district attorneys for the payment of staff salaries and
office expenses.
(k) The legislature may provide for additional staff
members to be paid from state funds if it considers supplementation
of the criminal district attorney's staff to be necessary.
(l) The criminal district attorney and assistant criminal
district attorney may not engage in the private practice of law or
receive a fee for the referral of a case.
(m) A vacancy in the office of criminal district attorney is
filled by appointment by the Commissioners Court of Kendall County.
The appointee holds office until the next general election.
(e) Effective January 1, 2017, 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, Kendall, 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, Aransas, Callahan,
Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone,
Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee,
Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
Willacy.
(f) Effective January 1, 2017, the office of county attorney
of Kendall County is abolished.
(g) Sections 25.1321 and 25.1322, Government Code, are
repealed, and the County Court at Law of Kendall County is abolished
on the date the 451st District Court is created.
(h) On the date the 451st District Court is created, all
cases from Kendall County pending in the 216th District Court are
transferred to the 451st District Court. On the date the County
Court at Law of Kendall County is abolished, all cases pending in
the court are transferred to the 451st District Court. When a case
is transferred from one court to another as provided by this
section, all processes, writs, bonds, recognizances, or other
obligations issued from the transferring court are returnable to
the court to which the case is transferred as if originally issued
by that court. The obligees in all bonds and recognizances taken in
and for a court from which a case is transferred and all witnesses
summoned to appear in a court from which a case is transferred are
required to appear before the court to which a case is transferred
as if originally required to appear before the court to which the
transfer is made.
(i) The 451st Judicial District is created January 1, 2017.
SECTION 1.03. (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 1.04. (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 1.05. (a) Effective January 1, 2017, 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 January 1, 2017.
SECTION 1.06. (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 1.07. (a) Subchapter D, Chapter 24, Government
Code, is amended by adding Section 24.644 to read as follows:
Sec. 24.644. 505TH JUDICIAL DISTRICT (FORT BEND COUNTY).
The 505th Judicial District is composed of Fort Bend County.
(b) The 505th Judicial District is created September 1,
2015.
SECTION 1.08. (a) Effective September 1, 2015, 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, Aransas, 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, COUNTY ATTORNEYS, AND CERTAIN
COUNTY JUDGES
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 January 1, 2016.
(d) The County Court at Law No. 5 of Cameron County is
created January 1, 2018.
SECTION 2.02. (a) Section 25.0451(a), Government Code, is
amended to read as follows:
(a) Collin County has the following statutory county
courts:
(1) County Court at Law No. 1 of Collin County;
(2) County Court at Law No. 2 of Collin County;
(3) County Court at Law No. 3 of Collin County;
(4) County Court at Law No. 4 of Collin County;
(5) County Court at Law No. 5 of Collin County; [and]
(6) County Court at Law No. 6 of Collin County; and
(7) County Court at Law No. 7 of Collin County.
(b) The County Court at Law No. 7 of Collin County is created
on the effective date of this Act.
SECTION 2.03. (a) Section 25.0811, Government Code, is
amended to read as follows:
Sec. 25.0811. FORT BEND COUNTY. Fort Bend County has the
following statutory county courts:
(1) County Court at Law No. 1 of Fort Bend County;
(2) County Court at Law No. 2 of Fort Bend County;
(3) County Court at Law No. 3 of Fort Bend County;
[and]
(4) County Court at Law No. 4 of Fort Bend County; and
(5) County Court at Law No. 5 of Fort Bend County.
(b) The County Court at Law No. 5 of Fort Bend County is
created January 1, 2016.
SECTION 2.04. (a) Effective January 1, 2017, Section
25.1031(b), Government Code, is amended to read as follows:
(b) Harris County has the following county criminal courts:
(1) County Criminal Court at Law No. 1 of Harris
County, Texas;
(2) County Criminal Court at Law No. 2 of Harris
County, Texas;
(3) County Criminal Court at Law No. 3 of Harris
County, Texas;
(4) County Criminal Court at Law No. 4 of Harris
County, Texas;
(5) County Criminal Court at Law No. 5 of Harris
County, Texas;
(6) County Criminal Court at Law No. 6 of Harris
County, Texas;
(7) County Criminal Court at Law No. 7 of Harris
County, Texas;
(8) County Criminal Court at Law No. 8 of Harris
County, Texas;
(9) County Criminal Court at Law No. 9 of Harris
County, Texas;
(10) County Criminal Court at Law No. 10 of Harris
County, Texas;
(11) County Criminal Court at Law No. 11 of Harris
County, Texas;
(12) County Criminal Court at Law No. 12 of Harris
County, Texas;
(13) County Criminal Court at Law No. 13 of Harris
County, Texas;
(14) County Criminal Court at Law No. 14 of Harris
County, Texas; [and]
(15) County Criminal Court at Law No. 15 of Harris
County, Texas; and
(16) County Criminal Court at Law No. 16 of Harris
County, Texas.
(b) The County Criminal Court at Law No. 16 of Harris County
is created January 1, 2017.
SECTION 2.05. Section 25.1112(e), Government Code, is
amended to read as follows:
(e) The district clerk serves as the clerk of a county court
at law for all criminal and civil matters except that the county
clerk serves as the clerk of the county court at law in
[uncontested] probate and guardianship matters. [The county clerk
shall transfer to the district clerk any contested probate and
guardianship matters filed with the county clerk.]
SECTION 2.06. Section 25.2222(a), Government Code, is
amended to read as follows:
(a) A county court at law in Tarrant County has jurisdiction
over all civil matters and causes, original and appellate,
prescribed by law for county courts. The County Court at Law No. 1
of Tarrant County also has jurisdiction over all criminal matters
and causes, original and appellate, prescribed by law for county
courts. The County Courts at Law Nos. 2 and 3 of Tarrant County do
not have criminal jurisdiction. Notwithstanding any other
provision, a county court at law in Tarrant County has jurisdiction
on any appeal from a municipal court of record in Tarrant County
that is not an appeal of a criminal law case or proceeding.
SECTION 2.07. (a) Subchapter D, Chapter 25, Government
Code, is amended by adding Section 25.2607 to read as follows:
Sec. 25.2607. DESIGNATION OF ADMINISTRATIVE COUNTY FOR
MULTICOUNTY STATUTORY COUNTY COURTS. (a) If a statute that
establishes a multicounty statutory county court does not designate
one of the counties that compose the multicounty statutory county
court as the administrative county for that court, the county with
the greatest population of the counties composing the court at the
time the court is established is the administrative county for that
court.
(b) The commissioners courts of the counties that compose a
multicounty statutory county court may enter into an agreement to
provide support for the court. The administrative county for the
court may receive contributions from the other counties composing
the court to pay the operating expenses of the court.
(c) Except for money provided by state appropriations or
under an agreement under Subsection (b), the administrative county
shall pay out of the county's general fund the salaries,
compensation, and expenses incurred in operating the multicounty
statutory county court.
(d) Notwithstanding Section 25.0015, the state shall
annually compensate the administrative county of a multicounty
statutory county court in an amount equal to 100 percent of the
state salary of a district court judge in the county for the salary
of the judge of the multicounty statutory county court.
(e) The court fees and costs collected by the clerk of a
multicounty statutory county court shall be deposited in the
appropriate county fund as provided by law.
(b) Effective January 1, 2019, Section 25.2701, Government
Code, is amended to read as follows:
Sec. 25.2701. 1ST MULTICOUNTY COURT AT LAW (FISHER[,
MITCHELL,] AND NOLAN COUNTIES). Fisher[, Mitchell,] and Nolan
Counties have a multicounty statutory county court composed of
those counties, the 1st Multicounty Court at Law.
(c) Section 25.2702, Government Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) Nolan County is the administrative county for the 1st
Multicounty Court at Law.
(d) Section 25.2702(g), Government Code, is repealed.
SECTION 2.08. (a) Section 43.122, Government Code, is
amended to read as follows:
Sec. 43.122. 36TH JUDICIAL DISTRICT. The voters of
[Aransas and] San Patricio County [counties] elect a district
attorney for the 36th Judicial District who represents the state in
that district court only in that county [those counties]. In
addition to exercising the duties and authority conferred on
district attorneys by general law, the district attorney represents
the state in all criminal cases in the district courts in that
county [those counties].
(b) Subchapter B, Chapter 45, Government Code, is amended by
adding Section 45.104 to read as follows:
Sec. 45.104. ARANSAS COUNTY. (a) In Aransas County, the
county attorney of Aransas County shall perform the duties imposed
on and have the powers conferred on district attorneys by general
law.
(b) The county attorney of Aransas County or the
Commissioners Court of Aransas County may accept gifts or grants
from any individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting the operation of the office of county attorney in Aransas
County. The county attorney shall account for and report to the
commissioners court all gifts or grants accepted under this
subsection.
SECTION 2.09. (a) Effective January 1, 2017, Subchapter B,
Chapter 45, Government Code, is amended by adding Section 45.194 to
read as follows:
Sec. 45.194. GUADALUPE COUNTY. (a) In Guadalupe County
the county attorney of Guadalupe County shall perform the duties
imposed on and have the powers conferred on district attorneys by
general law and is entitled to be compensated by the state in the
manner and amount set by general law relating to the salary paid to
district attorneys by the state.
(b) The county attorney of Guadalupe County or the
Commissioners Court of Guadalupe County may accept gifts or grants
from any individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting the operation of the office of county attorney in
Guadalupe County. The county attorney shall account for and report
to the commissioners court all gifts or grants accepted under this
subsection.
(b) Effective January 1, 2017, Section 43.112, Government
Code, as amended by Chapters 644 (H.B. 717) and 872 (H.B. 696), Acts
of the 83rd Legislature, Regular Session, 2013, is repealed.
(c) On January 1, 2017, the office of district attorney for
the 25th Judicial District is abolished.
ARTICLE 3. BAILIFFS
SECTION 3.01. Chapter 53, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. BAILIFFS FOR COUNTY COURTS AT LAW
IN TARRANT COUNTY
Sec. 53.101. ASSIGNMENT OF BAILIFF. At least one bailiff
shall be assigned regularly to each county court at law of Tarrant
County.
Sec. 53.102. OFFICE OF BAILIFF; APPOINTMENT. (a) The
judge of each county court at law of Tarrant County may appoint one
person to serve as bailiff of that court.
(b) The bailiff is an officer of the court and performs the
duties of the office under the direction and supervision of the
judge of the court.
Sec. 53.103. TERM OF OFFICE. The bailiff holds office at
the will of the judge of the court served by the bailiff.
Sec. 53.104. DUTIES. A bailiff shall perform the duties
imposed on bailiffs under the general laws of this state and the
other duties required by the judge of the court served.
Sec. 53.105. ASSIGNMENT OF BAILIFF BY SHERIFF. (a) If the
judge of a county court at law of Tarrant County does not appoint a
person to serve as bailiff under Section 53.102, the sheriff of
Tarrant County shall assign a bailiff for the court on written
request of the judge.
(b) A bailiff assigned by the sheriff serves at the pleasure
of the court to which the bailiff is assigned and shall perform the
duties required by the judge of the court.
(c) On request of the judge of a county court at law, the
sheriff shall immediately assign a bailiff to the court served by
the judge to fill a temporary absence of the appointed or assigned
bailiff.
Sec. 53.106. COMPENSATION. A bailiff appointed by the
judge of a county court at law of Tarrant County shall be
compensated out of the general fund of the county in an amount to be
set by the Commissioners Court of Tarrant County.
SECTION 3.02. Chapter 53, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. BAILIFFS FOR FAMILY DISTRICT COURTS IN TARRANT
COUNTY
Sec. 53.121. OFFICE OF BAILIFF. The judges of the 231st,
233rd, 322nd, 323rd, 324th, 325th, and 360th district courts may
appoint one person to serve as bailiff of that court and one person
to serve as bailiff for the district court served by an associate
judge of that district court. A bailiff is an officer of the court
and performs the duties of the office under the direction and
supervision of the judge of the court.
Sec. 53.122. APPOINTMENT. An order signed by the
appointing judge and entered on the minutes of the court is evidence
of appointment of a bailiff. The judge shall give written notice to
the commissioners court and each constable of Tarrant County of the
appointment and date employed.
Sec. 53.123. QUALIFICATIONS. A bailiff must be a citizen of
the United States and must be 18 years of age or older.
Sec. 53.124. BAILIFF AS DEPUTY. On written notice of the
appointment from the judge, a constable of the county may deputize
the bailiff in addition to other deputies authorized by law.
Sec. 53.125. OATH. The following oath must be administered
by the appointing judge to the bailiff appointed under this
subchapter: "I solemnly swear that I will perform faithfully and
impartially all duties required of me and required by law so help me
God."
Sec. 53.126. TERM OF OFFICE. The bailiff holds office at
the will of the judge of the court served by the bailiff.
Sec. 53.127. DUTIES. A bailiff shall perform the duties
imposed on bailiffs under the general laws of this state and the
other duties required by the judge of the court served.
Sec. 53.128. COMPENSATION. The bailiff shall be
compensated out of the general fund of the county in an amount to be
set by the Commissioners Court of Tarrant County.
ARTICLE 4. CERTAIN CRIMINAL LAW MAGISTRATE COURTS, CERTAIN
CRIMINAL LAW HEARING OFFICERS, AND A JUVENILE BOARD
SECTION 4.01. (a) 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, Hidalgo 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 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.
(b) Chapter 54, Government Code, is amended by adding
Subchapter MM to read as follows:
SUBCHAPTER MM. CRIMINAL LAW MAGISTRATES IN HIDALGO COUNTY
Sec. 54.2101. APPLICATION. This subchapter applies to the
district courts and the county courts at law in Hidalgo County.
Sec. 54.2102. APPOINTMENT; COMPENSATION. (a) The
Commissioners Court of Hidalgo County shall set the number of
magistrates needed to perform the duties authorized by this
subchapter.
(b) A magistrate shall be paid a salary determined by the
Commissioners Court of Hidalgo County.
(c) The judges of the district courts who wish to use the
services of a magistrate may jointly appoint the magistrates that
will assist their courts. The judges of the county courts at law
who wish to use the services of a magistrate may jointly appoint the
magistrates that will assist their courts. A judge who uses the
services of a magistrate may determine the extent to which those
services are used in the judge's court.
(d) On agreement between the judges of the district courts
and the judges of the county courts at law who wish to use the
services of a magistrate, a magistrate may serve in both those
district courts and those county courts at law. A magistrate
serving in both the district courts and the county courts at law
shall spend half the magistrate's time in the district courts and
half in the county courts at law.
(e) If the number of magistrates is less than the number of
the judges who wish to use the services of a magistrate, each
magistrate shall serve equally in the courts of those judges.
(f) A magistrate serves a one-year term, unless the
magistrate is terminated under Section 54.2109.
(g) A magistrate may be employed on a full-time or part-time
basis. A court served by the magistrate shall determine the
magistrate's work schedule.
Sec. 54.2103. ELIGIBILITY FOR APPOINTMENT. In determining
whom to appoint as a magistrate under this subchapter, the judges of
the district courts or the judges of the county courts at law, as
applicable, shall give priority to a retired or former judge, as
those terms are defined by Section 74.041. If no retired or former
judge desires to be appointed, the appointing judges shall consider
for appointment persons who:
(1) are licensed to practice law in this state;
(2) reside in Hidalgo County;
(3) have at least 10 years of active experience in
criminal law practice; and
(4) exhibit judicial temperaments.
Sec. 54.2104. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge or judge of a county court at
law, as applicable.
Sec. 54.2105. STAFF FOR MAGISTRATE. (a) The clerk of a
court a magistrate serves shall provide a clerk for the magistrate.
(b) A sheriff's deputy shall attend a proceeding conducted
by a magistrate and act as a bailiff.
Sec. 54.2106. PROCEEDINGS THAT MAY BE REFERRED. A judge who
appoints a magistrate under Section 54.2102 may refer to the
magistrate any criminal case for proceedings involving:
(1) arraignment of defendants;
(2) a negotiated plea of guilty or no contest;
(3) sentencing for a negotiated plea of guilty or no
contest;
(4) ordering of community service;
(5) a pretrial motion;
(6) an examining trial;
(7) a bond forfeiture suit;
(8) issuance of capias;
(9) issuance of arrest and search warrants;
(10) setting of bonds;
(11) a motion to increase or decrease a bond;
(12) a hearing on a protective order;
(13) a motion to grant, modify, revoke, or extend
community supervision or to proceed to an adjudication;
(14) a pretrial diversion;
(15) civil commitment matters under Subtitle C, Title
7, Health and Safety Code;
(16) an agreed recommendation for a presentence
investigation report for determination of a sentence; and
(17) any other matter the judge considers necessary
and proper.
Sec. 54.2107. POWERS. Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) in any case referred under Section 54.2106:
(A) accept a negotiated plea of guilty;
(B) enter a finding of guilt and impose or
suspend sentence; or
(C) defer adjudication of guilt; and
(14) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
Sec. 54.2108. DISMISSAL. A magistrate appointed under this
subchapter may not dismiss a case.
Sec. 54.2109. TERMINATION OF SERVICES. Regardless of
whether a magistrate serves in both the district courts and the
county courts at law or whether the magistrate serves in only one of
those types of courts, the magistrate's service with respect to a
particular type of court may be terminated only on a majority vote
of the judges of that type of court who appointed the magistrate
under Section 54.2102, or their successors.
Sec. 54.2110. ABSENCE OF MAGISTRATE. (a) If a magistrate
appointed under this subchapter is absent or unable to serve, the
local administrative judge of the type of court with respect to
which the magistrate served may appoint a temporary magistrate to
serve for the absent magistrate.
(b) A temporary magistrate serving for another magistrate
under this section has the powers and shall perform the duties of
the magistrate for whom the temporary magistrate is serving.
Sec. 54.2111. RECORD OF PROCEEDINGS. A criminal proceeding
in a magistrate court shall be recorded by a good quality electronic
audio or videotape recording device, unless the defendant requests
that a court reporter be present. The record shall be retained by
the clerk of the court as required by law.
Sec. 54.2112. PAPERS TRANSMITTED TO JUDGE. At the
conclusion of the proceedings, a magistrate shall transmit to the
referring court as soon as possible any papers relating to the case,
including the magistrate's findings, conclusions, orders,
recommendations, or other action taken.
Sec. 54.2113. JUDICIAL ACTION. (a) The judge of the court
in which the case is pending may modify, correct, reject, reverse,
or recommit for further information any action taken by the
magistrate.
(b) If the supervising judge or judges do not modify,
correct, reject, reverse, or recommit an action of the magistrate
within the time required by law, the action becomes the order,
judgment, or decree of the court.
Sec. 54.2114. PRETRIAL DIVERSION. As a condition for a
defendant to enter any pretrial diversion program or the functional
equivalent that may be operated in Hidalgo County, a defendant must
file in the court in which the charges are pending a sworn waiver of
the defendant's right to a speedy trial under the United States
Constitution and other law and a motion requesting the court to
approve the waiver without a hearing. If the court approves the
waiver, the defendant is eligible for consideration for acceptance
into a pretrial diversion or equivalent program.
SECTION 4.02. (a) Section 54.732, Government Code, is
amended to read as follows:
Sec. 54.732. CREATION. The El Paso Criminal Law Magistrate
Court is a court having the jurisdiction provided by this
subchapter over offenses allegedly committed in El Paso County
[except for that portion of the county in the corporate limits of
Vinton, Texas].
(b) Section 54.733, Government Code, is amended by adding
Subsection (j) to read as follows:
(j) The criminal law magistrate court has concurrent
criminal jurisdiction with the justice courts located in El Paso
County.
(c) Section 54.735, Government Code, is amended to read as
follows:
Sec. 54.735. POWERS AND DUTIES. (a) The criminal law
magistrate court or a judge of the criminal law magistrate court may
issue writs of injunction and all other writs necessary for the
enforcement of the jurisdiction of the court and may issue
misdemeanor writs of habeas corpus in cases in which the offense
charged is within the jurisdiction of the court or of any other
court of inferior jurisdiction in the county. The court and the
judge may punish for contempt as provided by law for district
courts. A judge of the criminal law magistrate court has all other
powers, duties, immunities, and privileges provided by law for:
(1) justices of the peace when acting in a Class C
misdemeanor case;
(2) county court judges when acting in a Class A or
Class B misdemeanor case; and
(3) [for] district court judges when acting in a
felony case.
(b) A judge of the criminal law magistrate court may hold an
indigency hearing and a capias pro fine hearing. When acting as the
judge who issued the capias pro fine, a judge of the criminal law
magistrate court may make all findings of fact and conclusions of
law required of the judge who issued the capias pro fine. In
conducting a hearing under this subsection, the judge of the
criminal law magistrate court is empowered to make all findings of
fact and conclusions of law and to issue all orders necessary to
properly dispose of the capias pro fine or indigency hearing in
accordance with the provisions of the Code of Criminal Procedure
applicable to a misdemeanor or felony case of the same type and
level.
(d) Section 54.736(b), Government Code, is amended to read
as follows:
(b) The council of judges shall ensure that the criminal law
magistrate court gives preference to magistrate duties, as those
duties apply to the county jail inmate population first and then to
newly detained individuals, until the commissioners court provides
funds for more than one judge to sit on the criminal law magistrate
court.
(e) Section 54.737(c), Government Code, is amended to read
as follows:
(c) The rules must provide that[:
[(1) a criminal law magistrate judge may not, on a
regular basis, hold court or perform magistrate duties after 7 p.m.
or before 7 a.m.; and
[(2)] a criminal law magistrate judge may only release
a defendant under Article 17.031, Code of Criminal Procedure, under
guidelines established by the council of judges.
(f) Sections 54.738(a) and (c), Government Code, are
amended to read as follows:
(a) Except as provided by Subsection (b) or local
administrative rules, the local administrative judge or a judge of
the criminal law magistrate court may transfer between courts a
case that is pending in the court of any magistrate in the criminal
law magistrate court's jurisdiction if the case is:
(1) an [any] unindicted felony case;
(2) a[,] Class A [misdemeanor case,] or Class B
misdemeanor case if an information has not been filed; or
(3) a Class C misdemeanor [and if the] case [is pending
in the court of any magistrate in the criminal law magistrate
court's jurisdiction].
(c) Except as provided by Subsection (d) or local
administrative rules, the local administrative judge may assign a
judge on the council of judges, a judge of the criminal law
magistrate court, a retired judge, or any other magistrate to act as
presiding judge in a case that is pending in the court of any
magistrate in the criminal law magistrate court's jurisdiction if
the case is:
(1) an [any] unindicted felony case;
(2) a[,] Class A [misdemeanor case,] or Class B
misdemeanor case if an information has not been filed; or
(3) a Class C misdemeanor [and if the] case [is pending
in the court of any magistrate in the criminal law magistrate
court's jurisdiction].
(g) Section 54.739(d), Government Code, is amended to read
as follows:
(d) A case assigned under this subchapter to the criminal
law magistrate court from a district court, [or] a county court at
law, or a justice court remains on the docket of the assigning court
and in the assigning court's jurisdiction.
(h) Section 54.741, Government Code, is amended to read as
follows:
Sec. 54.741. FORFEITURES. Bail bonds and personal bonds
may be forfeited by the criminal law magistrate court in the manner
provided by Chapter 22, Code of Criminal Procedure, and those
forfeitures shall be filed with:
(1) the district clerk if associated with a felony
case;
(2) [, except in cases in which] the county clerk if
associated with a Class A or Class B misdemeanor case; or
(3) the same justice court clerk associated with the
Class C misdemeanor case in which the bond was originally filed [is
the clerk under this subchapter].
(i) Section 54.742, Government Code, is amended by adding
Subsection (c) to read as follows:
(c) When a justice clerk is the clerk under this subchapter,
the justice clerk shall charge the same court costs for cases filed
in, transferred to, or assigned to the criminal law magistrate
court that are charged in the justice courts.
(j) Section 54.744, Government Code, is amended to read as
follows:
Sec. 54.744. JUDGES ON EL PASO COUNCIL OF JUDGES. Unless
the local rules of administration provide otherwise, the judges on
the El Paso Council of Judges and the judges on the criminal law
magistrate court may sit and act for any magistrate in El Paso
County on any unindicted felony or Class A or B misdemeanor case if
an information has not been filed or any Class C misdemeanor case
filed in a justice court.
(k) Section 54.745(a), Government Code, is amended to read
as follows:
(a) As a condition for a defendant to enter any pretrial
diversion program, including a behavioral modification program, a
health care program, a specialty court program, or the functional
equivalent that may be operated in El Paso County by El Paso County,
Emergence Health Network, the City of El Paso, the West Texas
Regional Adult Probation Department, a community partner approved
by the council of judges, or a county or district attorney of El
Paso County, a defendant must file in the court in which the charges
are pending a sworn waiver of speedy trial motion requesting the
court to approve without a hearing defendant's waiver of his speedy
trial rights under the constitution and other law. If the court
approves the waiver, the defendant is eligible for consideration
for acceptance into a pretrial diversion program or equivalent
program.
(l) Sections 54.746(d) and (e), Government Code, are
amended to read as follows:
(d) A judge of a county court at law in El Paso County shall
exercise jurisdiction granted by Subsection (a) over felony
indictments and felony informations and justice court cases
[information] only as a judge presiding for the court in which the
felony or Class C misdemeanor is pending and only if the El Paso
Council of Judges has so provided in the local administrative rules
by a unanimous vote. The exercise of this jurisdiction outside El
Paso County is as provided by Chapter 74 and other law.
(e) A judge of a district court in El Paso County shall
exercise jurisdiction granted by Subsection (a) over misdemeanor
information and justice court cases only as a judge presiding for
the court in which the misdemeanor is pending and only if the
council of judges has so provided in the local administrative rules
by a unanimous vote. The exercise of this jurisdiction outside El
Paso County is as provided by the Court Administration Act (Chapter
74) and other law.
(m) Section 54.750, Government Code, is amended by adding
Subsection (d) to read as follows:
(d) When conducting a capias pro fine hearing for any court,
the criminal law magistrate court acts in the same capacity and with
the same authority as the judge who issued the capias pro fine.
(n) Sections 54.753(a) and (b), Government Code, are
amended to read as follows:
(a) The district clerk serves as clerk of the criminal law
magistrate court, except that:
(1) after a Class A or Class B misdemeanor information
is filed in the county court at law and assigned to the criminal law
magistrate court, the county clerk serves as clerk for that
misdemeanor case; and
(2) after a Class C misdemeanor is filed in a justice
court and assigned to the criminal law magistrate court, the
originating justice court clerk serves as clerk for that
misdemeanor case.
(b) The district clerk shall establish a docket and keep the
minutes for the cases filed in or transferred to the criminal law
magistrate court. The district clerk shall perform any other
duties that local administrative rules require in connection with
the implementation of this subchapter. The local administrative
judge shall ensure that the duties required under this subsection
are performed. To facilitate the duties associated with serving as
the clerk of the criminal law magistrate court, the district clerk
and the deputies of the district clerk may serve as deputy justice
clerks and deputy county clerks at the discretion of the district
clerk.
(o) Section 54.759, Government Code, is amended to read as
follows:
Sec. 54.759. LOCATION OF COURT. (a) The criminal law
magistrate court may be held at one or more locations [the location
that is] provided by the local administrative rules or ordered by
the local administrative judge.
(b) A defendant may be brought before the court in person or
by means of an electronic broadcast system through which an image of
the defendant is presented to the court. For purposes of this
subsection, "electronic broadcast system" means a two-way
electronic communication of image and sound between the defendant
and the court and includes secure Internet videoconferencing.
SECTION 4.03. (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 4.04. 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 5. EFFECTIVE DATE
SECTION 5.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2015.
* * * * *