1 | 1 | | 86R9414 TSS-D |
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2 | 2 | | By: Moody H.B. No. 1909 |
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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 criminal jurisdiction of magistrates appointed by |
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8 | 8 | | the El Paso Council of Judges. |
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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. Article 2.09, Code of Criminal Procedure, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
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13 | 13 | | officers is a magistrate within the meaning of this Code: The |
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14 | 14 | | justices of the Supreme Court, the judges of the Court of Criminal |
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15 | 15 | | Appeals, the justices of the Courts of Appeals, the judges of the |
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16 | 16 | | District Court, the magistrates appointed by the judges of the |
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17 | 17 | | district courts of Bexar County, Dallas County, or Tarrant County |
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18 | 18 | | that give preference to criminal cases, the criminal law hearing |
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19 | 19 | | officers for Harris County appointed under Subchapter L, Chapter |
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20 | 20 | | 54, Government Code, the criminal law hearing officers for Cameron |
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21 | 21 | | County appointed under Subchapter BB, Chapter 54, Government Code, |
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22 | 22 | | the magistrates or associate judges appointed by the judges of the |
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23 | 23 | | district courts of Lubbock County, Nolan County, or Webb County, |
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24 | 24 | | the magistrates appointed by the judges of the criminal district |
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25 | 25 | | courts of Dallas County or Tarrant County, the associate judges |
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26 | 26 | | appointed by the judges of the district courts and the county courts |
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27 | 27 | | at law that give preference to criminal cases in Jefferson County, |
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28 | 28 | | the associate judges appointed by the judges of the district courts |
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29 | 29 | | and the statutory county courts of Brazos County, Nueces County, or |
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30 | 30 | | Williamson County, the magistrates appointed by the judges of the |
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31 | 31 | | district courts and statutory county courts that give preference to |
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32 | 32 | | criminal cases in Travis County, the criminal magistrates appointed |
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33 | 33 | | by the Brazoria County Commissioners Court, the criminal |
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34 | 34 | | magistrates appointed by the Burnet County Commissioners Court, the |
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35 | 35 | | magistrates appointed by the El Paso Council of Judges, the county |
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36 | 36 | | judges, the judges of the county courts at law, judges of the county |
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37 | 37 | | criminal courts, the judges of statutory probate courts, the |
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38 | 38 | | associate judges appointed by the judges of the statutory probate |
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39 | 39 | | courts under Chapter 54A, Government Code, the associate judges |
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40 | 40 | | appointed by the judge of a district court under Chapter 54A, |
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41 | 41 | | Government Code, the magistrates appointed under Subchapter JJ, |
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42 | 42 | | Chapter 54, Government Code, as added by H.B. No. 2132, Acts of the |
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43 | 43 | | 82nd Legislature, Regular Session, 2011, the justices of the peace, |
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44 | 44 | | and the mayors and recorders and the judges of the municipal courts |
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45 | 45 | | of incorporated cities or towns. |
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46 | 46 | | SECTION 2. Article 4.01, Code of Criminal Procedure, is |
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47 | 47 | | amended to read as follows: |
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48 | 48 | | Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
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49 | 49 | | following courts have jurisdiction in criminal actions: |
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50 | 50 | | 1. The Court of Criminal Appeals; |
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51 | 51 | | 2. Courts of appeals; |
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52 | 52 | | 3. The district courts; |
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53 | 53 | | 4. The criminal district courts; |
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54 | 54 | | 5. The magistrates appointed by the judges of the district |
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55 | 55 | | courts of Bexar County, Dallas County, Tarrant County, or Travis |
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56 | 56 | | County that give preference to criminal cases and the magistrates |
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57 | 57 | | appointed by the judges of the criminal district courts of Dallas |
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58 | 58 | | County or Tarrant County; |
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59 | 59 | | 6. The county courts; |
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60 | 60 | | 7. All county courts at law with criminal jurisdiction; |
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61 | 61 | | 8. County criminal courts; |
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62 | 62 | | 9. Justice courts; |
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63 | 63 | | 10. Municipal courts; [and] |
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64 | 64 | | 11. The magistrates appointed by the judges of the district |
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65 | 65 | | courts of Lubbock County; and |
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66 | 66 | | 12. The magistrates appointed by the El Paso Council of |
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67 | 67 | | Judges. |
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68 | 68 | | SECTION 3. This Act takes effect immediately if it receives |
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69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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72 | 72 | | Act takes effect September 1, 2019. |
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