By: Capriglione (Senate Sponsor - Burton) H.B. No. 1904
(In the Senate - Received from the House May 5, 2017;
May 16, 2017, read first time and referred to Committee on State
Affairs; May 19, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the powers and compensation of criminal law magistrates
in Tarrant County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.653, Government Code, is amended to
read as follows:
Sec. 54.653. COMPENSATION. (a) A full-time magistrate is
entitled to the salary determined by the Commissioners Court of
Tarrant County.
(b) The salary of a full-time magistrate may not exceed 90
percent of the sum of:
(1) [be less than] the salary [authorized to be] paid
to a district judge by the state under Section 659.012; and
(2) the maximum amount of county contributions and
supplements allowed by law to be paid to a district judge under
Section 659.012 [master for family law cases appointed under
Subchapter A].
(c) The salary of a part-time magistrate is equal to the
per-hour salary of a full-time magistrate. The per-hour salary is
determined by dividing the annual salary by a 2,080 work-hour year.
The judges of the courts trying criminal cases in Tarrant County
shall approve the number of hours for which a part-time magistrate
is to be paid.
(d) A [The] magistrate's salary is paid from the county fund
available for payment of officers' salaries.
SECTION 2. Section 54.656(a), Government Code, is amended
to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a [postconviction] writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an [agreed] order of expunction
under Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an [agreed] order of nondisclosure
of criminal history record information or an order of nondisclosure
of criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a [hearing on a] motion to modify or revoke
community supervision or to proceed with an adjudication of guilt
[probation]; [and]
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary
and proper.
SECTION 3. Section 54.658, Government Code, is amended to
read as follows:
Sec. 54.658. POWERS. (a) 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 a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(14) select a jury;
(15) accept a negotiated plea on a probation
revocation;
(16) conduct a contested probation revocation
hearing;
(17) sign a dismissal in a misdemeanor case; [and]
(18) in any case referred under Section 54.656(a)(1),
accept a negotiated plea of guilty or no contest and:
(A) enter a finding of guilt and impose or
suspend the sentence; or
(B) defer adjudication of guilt; and
(19) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
(b) A magistrate may sign a motion to dismiss submitted by
an attorney representing the state on cases referred to the
magistrate, or on dockets called by the magistrate, and may
consider unadjudicated cases at sentencing under Section 12.45,
Penal Code.
(c) A magistrate has all of the powers of a magistrate under
the laws of this state and may administer an oath for any purpose.
(d) A magistrate does not have authority under Article
18.01(c), Code of Criminal Procedure, to issue a subsequent search
warrant under Article 18.02(10), Code of Criminal Procedure.
SECTION 4. The changes in law made by Sections 2 and 3 of
this Act apply to a matter or case referred to a magistrate on or
after the effective date of this Act. A matter or case referred to a
magistrate before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.
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