Texas 2017 - 85th Regular

Texas House Bill HB1904 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Capriglione (Senate Sponsor - Burton) H.B. No. 1904
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 16, 2017, read first time and referred to Committee on State
4		-	Affairs; May 19, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1904
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the powers and compensation of criminal law magistrates
12	6		in Tarrant County.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 54.653, Government Code, is amended to
15	9		read as follows:
16	10		Sec. 54.653. COMPENSATION. (a) A full-time magistrate is
17	11		entitled to the salary determined by the Commissioners Court of
18	12		Tarrant County.
19	13		(b) The salary of a full-time magistrate may not exceed 90
20	14		percent of the sum of:
21	15		(1) [be less than] the salary [authorized to be] paid
22	16		to a district judge by the state under Section 659.012; and
23	17		(2) the maximum amount of county contributions and
24	18		supplements allowed by law to be paid to a district judge under
25	19		Section 659.012 [master for family law cases appointed under
26	20		Subchapter A].
27	21		(c) The salary of a part-time magistrate is equal to the
28	22		per-hour salary of a full-time magistrate. The per-hour salary is
29	23		determined by dividing the annual salary by a 2,080 work-hour year.
30	24		The judges of the courts trying criminal cases in Tarrant County
31	25		shall approve the number of hours for which a part-time magistrate
32	26		is to be paid.
33	27		(d) A [The] magistrate's salary is paid from the county fund
34	28		available for payment of officers' salaries.
35	29		SECTION 2. Section 54.656(a), Government Code, is amended
36	30		to read as follows:
37	31		(a) A judge may refer to a magistrate any criminal case or
38	32		matter relating to a criminal case for proceedings involving:
39	33		(1) a negotiated plea of guilty or no contest and
40	34		sentencing before the court;
41	35		(2) a bond forfeiture, remittitur, and related
42	36		proceedings;
43	37		(3) a pretrial motion;
44	38		(4) a [postconviction] writ of habeas corpus;
45	39		(5) an examining trial;
46	40		(6) an occupational driver's license;
47	41		(7) a petition for an [agreed] order of expunction
48	42		under Chapter 55, Code of Criminal Procedure;
49	43		(8) an asset forfeiture hearing as provided by Chapter
50	44		59, Code of Criminal Procedure;
51	45		(9) a petition for an [agreed] order of nondisclosure
52	46		of criminal history record information or an order of nondisclosure
53	47		of criminal history record information that does not require a
54	48		petition provided by Subchapter E-1, Chapter 411;
55	49		(10) a [hearing on a] motion to modify or revoke
56	50		community supervision or to proceed with an adjudication of guilt
57	51		[probation]; [and]
58	52		(11) setting conditions, modifying, revoking, and
59	53		surrendering of bonds, including surety bonds;
60	54		(12) specialty court proceedings;
61	55		(13) a waiver of extradition; and
62	56		(14) any other matter the judge considers necessary
63	57		and proper.
64	58		SECTION 3. Section 54.658, Government Code, is amended to
65	59		read as follows:
66	60		Sec. 54.658. POWERS. (a) Except as limited by an order of
67	61		referral, a magistrate to whom a case is referred may:
68	62		(1) conduct hearings;
69	63		(2) hear evidence;
70	64		(3) compel production of relevant evidence;
71	65		(4) rule on admissibility of evidence;
72	66		(5) issue summons for the appearance of witnesses;
73	67		(6) examine witnesses;
74	68		(7) swear witnesses for hearings;
75	69		(8) make findings of fact on evidence;
76	70		(9) formulate conclusions of law;
77	71		(10) rule on a pretrial motion;
78	72		(11) recommend the rulings, orders, or judgment to be
79	73		made in a case;
80	74		(12) regulate proceedings in a hearing;
81	75		(13) accept a plea of guilty from a defendant charged
82	76		with misdemeanor, felony, or both misdemeanor and felony offenses;
83	77		(14) select a jury;
84	78		(15) accept a negotiated plea on a probation
85	79		revocation;
86	80		(16) conduct a contested probation revocation
87	81		hearing;
88	82		(17) sign a dismissal in a misdemeanor case; [and]
89	83		(18) in any case referred under Section 54.656(a)(1),
90	84		accept a negotiated plea of guilty or no contest and:
91	85		(A) enter a finding of guilt and impose or
92	86		suspend the sentence; or
93	87		(B) defer adjudication of guilt; and
94	88		(19) do any act and take any measure necessary and
95	89		proper for the efficient performance of the duties required by the
96	90		order of referral.
97	91		(b) A magistrate may sign a motion to dismiss submitted by
98	92		an attorney representing the state on cases referred to the
99	93		magistrate, or on dockets called by the magistrate, and may
100	94		consider unadjudicated cases at sentencing under Section 12.45,
101	95		Penal Code.
102	96		(c) A magistrate has all of the powers of a magistrate under
103	97		the laws of this state and may administer an oath for any purpose.
104	98		(d) A magistrate does not have authority under Article
105	99		18.01(c), Code of Criminal Procedure, to issue a subsequent search
106	100		warrant under Article 18.02(10), Code of Criminal Procedure.
107	101		SECTION 4. The changes in law made by Sections 2 and 3 of
108	102		this Act apply to a matter or case referred to a magistrate on or
109	103		after the effective date of this Act. A matter or case referred to a
110	104		magistrate before the effective date of this Act is governed by the
111	105		law in effect immediately before that date, and that law is
112	106		continued in effect for that purpose.
113	107		SECTION 5. This Act takes effect September 1, 2017.
114		-	* * * * *
	108	+	______________________________ ______________________________
	109	+	President of the Senate Speaker of the House
	110	+	I certify that H.B. No. 1904 was passed by the House on May 4,
	111	+	2017, by the following vote: Yeas 143, Nays 0, 2 present, not
	112	+	voting.
	113	+	______________________________
	114	+	Chief Clerk of the House
	115	+	I certify that H.B. No. 1904 was passed by the Senate on May
	116	+	22, 2017, by the following vote: Yeas 31, Nays 0.
	117	+	______________________________
	118	+	Secretary of the Senate
	119	+	APPROVED: _____________________
	120	+	Date
	121	+	_____________________
	122	+	Governor