Texas 2019 - 86th Regular

Texas House Bill HB4664 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10844 TSS-F
2	2	By: Leach H.B. No. 4664
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of magistrates in Collin County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 2.09, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 2.09. WHO ARE MAGISTRATES. Each of the following
12	12	officers is a magistrate within the meaning of this Code: The
13	13	justices of the Supreme Court, the judges of the Court of Criminal
14	14	Appeals, the justices of the Courts of Appeals, the judges of the
15	15	District Court, the magistrates appointed by the judges of the
16	16	district courts of Bexar County, Dallas County, or Tarrant County
17	17	that give preference to criminal cases, the criminal law hearing
18	18	officers for Harris County appointed under Subchapter L, Chapter
19	19	54, Government Code, the criminal law hearing officers for Cameron
20	20	County appointed under Subchapter BB, Chapter 54, Government Code,
21	21	the magistrates or associate judges appointed by the judges of the
22	22	district courts of Lubbock County, Nolan County, or Webb County,
23	23	the magistrates appointed by the judges of the criminal district
24	24	courts of Dallas County or Tarrant County, the associate judges
25	25	appointed by the judges of the district courts and the county courts
26	26	at law that give preference to criminal cases in Jefferson County,
27	27	the associate judges appointed by the judges of the district courts
28	28	and the statutory county courts of Brazos County, Nueces County, or
29	29	Williamson County, the magistrates appointed by the judges of the
30	30	district courts and statutory county courts that give preference to
31	31	criminal cases in Travis County, the criminal magistrates appointed
32	32	by the Brazoria County Commissioners Court, the criminal
33	33	magistrates appointed by the Burnet County Commissioners Court, the
34	34	county judges, the judges of the county courts at law, judges of the
35	35	county criminal courts, the judges of statutory probate courts, the
36	36	associate judges appointed by the judges of the statutory probate
37	37	courts under Chapter 54A, Government Code, the associate judges
38	38	appointed by the judge of a district court under Chapter 54A,
39	39	Government Code, the magistrates appointed under Subchapter JJ,
40	40	Chapter 54, Government Code, the magistrates appointed by the
41	41	Collin County Commissioners Court [as added by H.B. No. 2132, Acts
42	42	of the 82nd Legislature, Regular Session, 2011], the justices of
43	43	the peace, and the mayors and recorders and the judges of the
44	44	municipal courts of incorporated cities or towns.
45	45	SECTION 2. Chapter 54, Government Code, is amended by
46	46	adding Subchapter MM to read as follows:
47	47	SUBCHAPTER MM. MAGISTRATES IN COLLIN COUNTY
48	48	Sec. 54.2201. AUTHORIZATION; APPOINTMENT; TERMINATION;
49	49	ELIMINATION. (a) The Commissioners Court of Collin County by
50	50	majority vote may appoint one or more part-time or full-time
51	51	magistrates to perform the duties authorized by this subchapter.
52	52	(b) An order appointing a magistrate must be signed by the
53	53	county judge of Collin County, and the order must state:
54	54	(1) the magistrate's name; and
55	55	(2) the date the magistrate's employment begins.
56	56	(c) A magistrate may be terminated by a majority vote of the
57	57	Commissioners Court of Collin County.
58	58	(d) An authorized magistrate's position may be eliminated
59	59	on a majority vote of the Commissioners Court of Collin County.
60	60	Sec. 54.2202. QUALIFICATIONS; OATH OF OFFICE. (a) To be
61	61	eligible for appointment as a magistrate, a person must:
62	62	(1) be a citizen of the United States;
63	63	(2) have resided in Collin County for at least the four
64	64	years preceding the person's appointment; and
65	65	(3) have been licensed to practice law in this state
66	66	for at least four years.
67	67	(b) A magistrate appointed under Section 54.2201 must take
68	68	the constitutional oath of office required of appointed officers of
69	69	this state.
70	70	Sec. 54.2203. COMPENSATION. A magistrate is entitled to
71	71	the compensation set by the Commissioners Court of Collin County.
72	72	The compensation shall be paid from the general fund of the county.
73	73	Sec. 54.2204. JUDICIAL IMMUNITY. A magistrate has the same
74	74	judicial immunity as a district judge.
75	75	Sec. 54.2205. PROCEEDING THAT MAY BE REFERRED. (a) The
76	76	judge of a district court or county court at law or a justice of the
77	77	peace may refer to a magistrate any case or matter relating to a
78	78	case for proceedings involving:
79	79	(1) a negotiated plea of guilty or no contest and
80	80	sentencing before the court;
81	81	(2) a bond forfeiture, remittitur, and related
82	82	proceedings;
83	83	(3) a pretrial motion;
84	84	(4) a writ of habeas corpus;
85	85	(5) an examining trial;
86	86	(6) an occupational driver's license;
87	87	(7) a petition for an order of expunction under
88	88	Chapter 55, Code of Criminal Procedure;
89	89	(8) an asset forfeiture hearing as provided by Chapter
90	90	59, Code of Criminal Procedure;
91	91	(9) a petition for an order of nondisclosure of
92	92	criminal history record information or an order of nondisclosure of
93	93	criminal history record information that does not require a
94	94	petition provided by Subchapter E-1, Chapter 411;
95	95	(10) a motion to modify or revoke community
96	96	supervision or to proceed with an adjudication of guilt;
97	97	(11) setting conditions, modifying, revoking, and
98	98	surrendering of bonds, including surety bonds;
99	99	(12) specialty court proceedings;
100	100	(13) a waiver of extradition;
101	101	(14) selection of a jury; and
102	102	(15) any other matter the judge or justice of the peace
103	103	considers necessary and proper.
104	104	(b) A judge may refer to a magistrate a civil case arising
105	105	out of Chapter 59, Code of Criminal Procedure, for any purpose
106	106	authorized by that chapter, including issuing orders, accepting
107	107	agreed judgments, enforcing judgments, and presiding over a case on
108	108	the merits if a party has not requested a jury trial.
109	109	(c) A magistrate may accept a plea of guilty from a
110	110	defendant charged with misdemeanor, felony, or both misdemeanor and
111	111	felony offenses.
112	112	(d) If the magistrate is acting as an associate judge under
113	113	Section 54.2216, the magistrate may hear any case referred under
114	114	Section 54A.106.
115	115	(e) A magistrate may not preside over a criminal trial on
116	116	the merits, regardless of whether the trial is before a jury.
117	117	(f) A magistrate may not hear any jury trial on the merits.
118	118	Sec. 54.2206. ORDER OF REFERRAL. (a) To refer one or more
119	119	cases to a magistrate, a judge or justice of the peace must issue an
120	120	order of referral specifying the magistrate's duties.
121	121	(b) An order of referral may:
122	122	(1) limit the powers of the magistrate and direct the
123	123	magistrate to report only on specific issues, perform particular
124	124	acts, or receive and report on evidence only;
125	125	(2) set the time and place for the hearing;
126	126	(3) prescribe a closing date for the hearing;
127	127	(4) provide a date for filing the magistrate's
128	128	findings;
129	129	(5) designate proceedings for more than one case over
130	130	which the magistrate shall preside;
131	131	(6) direct the magistrate to call the court's docket;
132	132	and
133	133	(7) set forth general powers and limitations of
134	134	authority of the magistrate applicable to any case referred.
135	135	Sec. 54.2207. POWERS. (a) Except as limited by an order of
136	136	referral, a magistrate to whom a case is referred may:
137	137	(1) conduct hearings;
138	138	(2) hear evidence;
139	139	(3) compel production of relevant evidence in civil or
140	140	criminal matters;
141	141	(4) rule on disputes regarding civil discovery;
142	142	(5) rule on admissibility of evidence;
143	143	(6) issue summons for the appearance of witnesses;
144	144	(7) examine witnesses;
145	145	(8) swear witnesses for hearings;
146	146	(9) make findings of fact on evidence;
147	147	(10) formulate conclusions of law;
148	148	(11) rule on a pretrial motion;
149	149	(12) recommend the rulings, orders, or judgment to be
150	150	made in a case;
151	151	(13) regulate proceedings in a hearing;
152	152	(14) accept a plea of guilty from a defendant charged
153	153	with misdemeanor, felony, or both misdemeanor and felony offenses;
154	154	(15) select a jury;
155	155	(16) accept a negotiated plea on a probation
156	156	revocation;
157	157	(17) conduct a contested probation revocation
158	158	hearing;
159	159	(18) sign a dismissal in a misdemeanor case;
160	160	(19) enter an order of dismissal or non-suit on
161	161	agreement of the parties in a civil case;
162	162	(20) in any case referred under Section 54.2205(a)(1),
163	163	accept a negotiated plea of guilty or no contest and:
164	164	(A) enter a finding of guilt and impose or
165	165	suspend the sentence; or
166	166	(B) defer adjudication of guilt;
167	167	(21) conduct initial juvenile detention hearings if
168	168	approved by the juvenile board of Collin County; and
169	169	(22) perform any act and take any measure necessary
170	170	and proper for the efficient performance of the duties required by
171	171	the order of referral.
172	172	(b) A magistrate may sign a motion to dismiss submitted by
173	173	an attorney representing the state on cases referred to the
174	174	magistrate, or on dockets called by the magistrate, and may
175	175	consider unadjudicated cases at sentencing under Section 12.45,
176	176	Penal Code.
177	177	(c) Except as provided by Sections 54.2205(e) and (f), a
178	178	magistrate has all of the powers of a magistrate under the laws of
179	179	this state and may administer an oath for any purpose.
180	180	Sec. 54.2208. FORFEITURES. Bail bonds and personal bonds
181	181	may be forfeited by the magistrate court in the manner provided by
182	182	Chapter 22, Code of Criminal Procedure, and those forfeitures shall
183	183	be filed with:
184	184	(1) the district clerk if associated with a felony
185	185	case;
186	186	(2) the county clerk if associated with a Class A or
187	187	Class B misdemeanor case; or
188	188	(3) the same justice court clerk associated with the
189	189	Class C misdemeanor case in which the bond was originally filed.
190	190	Sec. 54.2209. COSTS. (a) When the district clerk is the
191	191	clerk under this subchapter, the district clerk shall charge the
192	192	same court costs for cases filed in, transferred to, or assigned to
193	193	the magistrate court that are charged in the district courts.
194	194	(b) When the county clerk is the clerk under this
195	195	subchapter, the county clerk shall charge the same court costs for
196	196	cases filed in, transferred to, or assigned to the magistrate court
197	197	that are charged in the county courts.
198	198	(c) When a justice clerk is the clerk under this subchapter,
199	199	the justice clerk shall charge the same court costs for cases filed
200	200	in, transferred to, or assigned to the magistrate court that are
201	201	charged in the justice courts.
202	202	Sec. 54.2210. CLERK. (a) The district clerk serves as
203	203	clerk of the magistrate court, except that:
204	204	(1) after a Class A or Class B misdemeanor is filed in
205	205	the county court at law and assigned to the magistrate court, the
206	206	county clerk serves as clerk for that misdemeanor case; and
207	207	(2) after a Class C misdemeanor is filed in a justice
208	208	court and assigned to the magistrate court, the originating justice
209	209	court clerk serves as clerk for that misdemeanor case.
210	210	(b) The district clerk shall establish a docket and keep the
211	211	minutes for the cases filed in or transferred to the magistrate
212	212	court. The district clerk shall perform any other duties that local
213	213	administrative rules require in connection with the implementation
214	214	of this subchapter. The local administrative judge shall ensure
215	215	that the duties required under this subsection are performed. To
216	216	facilitate the duties associated with serving as the clerk of the
217	217	magistrate court, the district clerk and the deputies of the
218	218	district clerk may serve as deputy justice clerks and deputy county
219	219	clerks at the discretion of the district clerk.
220	220	(c) The clerk of the case shall include as part of the record
221	221	on appeal a copy of the order and local administrative rule under
222	222	which a magistrate court acted.
223	223	Sec. 54.2211. COURT REPORTER. At the request of a party,
224	224	the court shall provide a court reporter to record the proceedings
225	225	before the magistrate.
226	226	Sec. 54.2212. WITNESS. (a) A witness who appears before a
227	227	magistrate and is sworn is subject to the penalties for perjury
228	228	provided by law.
229	229	(b) A referring court may issue attachment against and may
230	230	fine or imprison a witness whose failure to appear after being
231	231	summoned or whose refusal to answer questions has been certified to
232	232	the court.
233	233	Sec. 54.2213. PAPERS TRANSMITTED TO JUDGE. At the
234	234	conclusion of the proceedings, a magistrate shall transmit to the
235	235	referring court any papers relating to the case, including the
236	236	magistrate's findings, conclusions, orders, recommendations, or
237	237	other action taken.
238	238	Sec. 54.2214. COSTS OF MAGISTRATE. The court shall
239	239	determine if the nonprevailing party is able to defray the costs of
240	240	the magistrate. If the court determines the nonprevailing party is
241	241	able to pay those costs, the court shall assess the magistrate's
242	242	costs against the nonprevailing party.
243	243	Sec. 54.2215. JUDICIAL ACTION. (a) A referring court may
244	244	modify, correct, reject, reverse, or recommit for further
245	245	information any action taken by the magistrate.
246	246	(b) If the court does not modify, correct, reject, reverse,
247	247	or recommit an action of the magistrate, the action becomes the
248	248	decree of the court.
249	249	(c) At the conclusion of each term during which the services
250	250	of a magistrate are used, the referring court shall enter a decree
251	251	on the minutes adopting the actions of the magistrate of which the
252	252	court approves.
253	253	Sec. 54.2216. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate
254	254	appointed under this subchapter may act as a civil associate judge
255	255	under Subchapter B, Chapter 54A, Government Code. To the extent of
256	256	any conflict with this subchapter, a magistrate acting as an
257	257	associate judge shall comply with provisions regarding the
258	258	appointment, termination, referral of cases, powers, duties, and
259	259	immunities of associate judges under Subchapter B, Chapter 54A,
260	260	Government Code.
261	261	SECTION 3. This Act takes effect September 1, 2019.