86R9414 TSS-D
By: Moody H.B. No. 1909
A BILL TO BE ENTITLED
AN ACT
relating to the criminal jurisdiction of magistrates appointed by
the El Paso Council of Judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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, 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
magistrates appointed by the El Paso Council of Judges, 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.
SECTION 2. Article 4.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
following courts have jurisdiction in criminal actions:
1. The Court of Criminal Appeals;
2. Courts of appeals;
3. The district courts;
4. The criminal district courts;
5. The magistrates appointed by the judges of the district
courts of Bexar County, Dallas County, Tarrant County, or Travis
County that give preference to criminal cases and the magistrates
appointed by the judges of the criminal district courts of Dallas
County or Tarrant County;
6. The county courts;
7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;
10. Municipal courts; [and]
11. The magistrates appointed by the judges of the district
courts of Lubbock County; and
12. The magistrates appointed by the El Paso Council of
Judges.
SECTION 3. 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, 2019.