Texas 2019 - 86th Regular

Texas House Bill HB4735 Compare Versions

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

Old	New	Differences
1	1	86R8977 CAE-D
2	2	By: Reynolds H.B. No. 4735
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of magistrates in Fort Bend 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 Fort
41	41	Bend County Commissioners Court [as added by H.B. No. 2132, Acts of
42	42	the 82nd Legislature, Regular Session, 2011], the justices of the
43	43	peace, and the mayors and recorders and the judges of the municipal
44	44	courts of incorporated cities or towns.
45	45	SECTION 2. Chapter 54, Government Code, is amended by
46	46	adding Subchapter NN to read as follows:
47	47	SUBCHAPTER NN. MAGISTRATES IN FORT BEND COUNTY
48	48	Sec. 54.2301. AUTHORIZATION; APPOINTMENT; TERMINATION;
49	49	ELIMINATION. (a) The Commissioners Court of Fort Bend 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 Fort Bend 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 Fort Bend County.
58	58	(d) An authorized magistrate's position may be eliminated
59	59	on a majority vote of the Commissioners Court of Fort Bend County.
60	60	Sec. 54.2302. 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 Fort Bend County for at least the
64	64	four 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 54.2301 must take
68	68	the constitutional oath of office required of appointed officers of
69	69	this state.
70	70	Sec. 54.2303. COMPENSATION. A magistrate is entitled to
71	71	the compensation set by the Commissioners Court of Fort Bend
72	72	County. The compensation shall be paid from the general fund of the
73	73	county.
74	74	Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same
75	75	judicial immunity as a district judge.
76	76	Sec. 54.2305. PROCEEDING THAT MAY BE REFERRED. (a) The
77	77	judge of a district court or county court at law or a justice of the
78	78	peace may refer to a magistrate any case or matter relating to a
79	79	case for proceedings involving:
80	80	(1) a negotiated plea of guilty or no contest and
81	81	sentencing before the court;
82	82	(2) a bond forfeiture, remittitur, and related
83	83	proceedings;
84	84	(3) a pretrial motion;
85	85	(4) a writ of habeas corpus;
86	86	(5) an examining trial;
87	87	(6) an occupational driver's license;
88	88	(7) a petition for an order of expunction under
89	89	Chapter 55, Code of Criminal Procedure;
90	90	(8) an asset forfeiture hearing as provided by Chapter
91	91	59, Code of Criminal Procedure;
92	92	(9) a petition for an order of nondisclosure of
93	93	criminal history record information or an order of nondisclosure of
94	94	criminal history record information that does not require a
95	95	petition provided by Subchapter E-1, Chapter 411;
96	96	(10) a motion to modify or revoke community
97	97	supervision or to proceed with an adjudication of guilt;
98	98	(11) setting conditions, modifying, revoking, and
99	99	surrendering of bonds, including surety bonds;
100	100	(12) specialty court proceedings;
101	101	(13) a waiver of extradition;
102	102	(14) selection of a jury; and
103	103	(15) any other matter the judge or justice of the peace
104	104	considers necessary and proper.
105	105	(b) A judge may refer to a magistrate a civil case arising
106	106	out of Chapter 59, Code of Criminal Procedure, for any purpose
107	107	authorized by that chapter, including issuing orders, accepting
108	108	agreed judgments, enforcing judgments, and presiding over a case on
109	109	the merits if a party has not requested a jury trial.
110	110	(c) A magistrate may accept a plea of guilty from a
111	111	defendant charged with misdemeanor, felony, or both misdemeanor and
112	112	felony offenses.
113	113	(d) If the magistrate is acting as an associate judge under
114	114	Section 54.2316, the magistrate may hear any case referred under
115	115	Section 54A.106.
116	116	(e) A magistrate may not preside over a criminal trial on
117	117	the merits, regardless of whether the trial is before a jury.
118	118	(f) A magistrate may not hear any jury trial on the merits.
119	119	Sec. 54.2306. ORDER OF REFERRAL. (a) To refer one or more
120	120	cases to a magistrate, a judge or justice of the peace must issue an
121	121	order of referral specifying the magistrate's duties.
122	122	(b) An order of referral may:
123	123	(1) limit the powers of the magistrate and direct the
124	124	magistrate to report only on specific issues, perform particular
125	125	acts, or receive and report on evidence only;
126	126	(2) set the time and place for the hearing;
127	127	(3) prescribe a closing date for the hearing;
128	128	(4) provide a date for filing the magistrate's
129	129	findings;
130	130	(5) designate proceedings for more than one case over
131	131	which the magistrate shall preside;
132	132	(6) direct the magistrate to call the court's docket;
133	133	and
134	134	(7) set forth general powers and limitations of
135	135	authority of the magistrate applicable to any case referred.
136	136	Sec. 54.2307. POWERS. (a) Except as limited by an order of
137	137	referral, a magistrate to whom a case is referred may:
138	138	(1) conduct hearings;
139	139	(2) hear evidence;
140	140	(3) compel production of relevant evidence in civil or
141	141	criminal matters;
142	142	(4) rule on disputes regarding civil discovery;
143	143	(5) rule on admissibility of evidence;
144	144	(6) issue summons for the appearance of witnesses;
145	145	(7) examine witnesses;
146	146	(8) swear witnesses for hearings;
147	147	(9) make findings of fact on evidence;
148	148	(10) formulate conclusions of law;
149	149	(11) rule on a pretrial motion;
150	150	(12) recommend the rulings, orders, or judgment to be
151	151	made in a case;
152	152	(13) regulate proceedings in a hearing;
153	153	(14) accept a plea of guilty from a defendant charged
154	154	with misdemeanor, felony, or both misdemeanor and felony offenses;
155	155	(15) select a jury;
156	156	(16) accept a negotiated plea on a probation
157	157	revocation;
158	158	(17) conduct a contested probation revocation
159	159	hearing;
160	160	(18) sign a dismissal in a misdemeanor case;
161	161	(19) enter an order of dismissal or nonsuit on
162	162	agreement of the parties in a civil case;
163	163	(20) in any case referred under Section 54.2305(a)(1),
164	164	accept a negotiated plea of guilty or no contest and:
165	165	(A) enter a finding of guilt and impose or
166	166	suspend the sentence; or
167	167	(B) defer adjudication of guilt;
168	168	(21) conduct initial juvenile detention hearings if
169	169	approved by the juvenile board of Fort Bend County; and
170	170	(22) perform any act and take any measure necessary
171	171	and proper for the efficient performance of the duties required by
172	172	the order of referral.
173	173	(b) A magistrate may sign a motion to dismiss submitted by
174	174	an attorney representing the state on cases referred to the
175	175	magistrate, or on dockets called by the magistrate, and may
176	176	consider unadjudicated cases at sentencing under Section 12.45,
177	177	Penal Code.
178	178	(c) Except as provided by Sections 54.2305(e) and (f), a
179	179	magistrate has all of the powers of a magistrate under the laws of
180	180	this state and may administer an oath for any purpose.
181	181	Sec. 54.2308. FORFEITURES. Bail bonds and personal bonds
182	182	may be forfeited by the magistrate court in the manner provided by
183	183	Chapter 22, Code of Criminal Procedure, and those forfeitures shall
184	184	be filed with:
185	185	(1) the district clerk if associated with a felony
186	186	case;
187	187	(2) the county clerk if associated with a Class A or
188	188	Class B misdemeanor case; or
189	189	(3) the same justice court clerk associated with the
190	190	Class C misdemeanor case in which the bond was originally filed.
191	191	Sec. 54.2309. COSTS. (a) When the district clerk is the
192	192	clerk under this subchapter, the district clerk shall charge the
193	193	same court costs for cases filed in, transferred to, or assigned to
194	194	the magistrate court that are charged in the district courts.
195	195	(b) When the county clerk is the clerk under this
196	196	subchapter, the county clerk shall charge the same court costs for
197	197	cases filed in, transferred to, or assigned to the magistrate court
198	198	that are charged in the county courts.
199	199	(c) When a justice clerk is the clerk under this subchapter,
200	200	the justice clerk shall charge the same court costs for cases filed
201	201	in, transferred to, or assigned to the magistrate court that are
202	202	charged in the justice courts.
203	203	Sec. 54.2310. CLERK. (a) The district clerk serves as
204	204	clerk of the magistrate court, except that:
205	205	(1) after a Class A or Class B misdemeanor is filed in
206	206	the county court at law and assigned to the magistrate court, the
207	207	county clerk serves as clerk for that misdemeanor case; and
208	208	(2) after a Class C misdemeanor is filed in a justice
209	209	court and assigned to the magistrate court, the originating justice
210	210	court clerk serves as clerk for that misdemeanor case.
211	211	(b) The district clerk shall establish a docket and keep the
212	212	minutes for the cases filed in or transferred to the magistrate
213	213	court. The district clerk shall perform any other duties that local
214	214	administrative rules require in connection with the implementation
215	215	of this subchapter. The local administrative judge shall ensure
216	216	that the duties required under this subsection are performed. To
217	217	facilitate the duties associated with serving as the clerk of the
218	218	magistrate court, the district clerk and the deputies of the
219	219	district clerk may serve as deputy justice clerks and deputy county
220	220	clerks at the discretion of the district clerk.
221	221	(c) The clerk of the case shall include as part of the record
222	222	on appeal a copy of the order and local administrative rule under
223	223	which a magistrate court acted.
224	224	Sec. 54.2311. COURT REPORTER. At the request of a party,
225	225	the court shall provide a court reporter to record the proceedings
226	226	before the magistrate.
227	227	Sec. 54.2312. WITNESS. (a) A witness who appears before a
228	228	magistrate and is sworn is subject to the penalties for perjury
229	229	provided by law.
230	230	(b) A referring court may issue attachment against and may
231	231	fine or imprison a witness whose failure to appear after being
232	232	summoned or whose refusal to answer questions has been certified to
233	233	the court.
234	234	Sec. 54.2313. PAPERS TRANSMITTED TO JUDGE. At the
235	235	conclusion of the proceedings, a magistrate shall transmit to the
236	236	referring court any papers relating to the case, including the
237	237	magistrate's findings, conclusions, orders, recommendations, or
238	238	other action taken.
239	239	Sec. 54.2314. COSTS OF MAGISTRATE. The court shall
240	240	determine if the nonprevailing party is able to defray the costs of
241	241	the magistrate. If the court determines the nonprevailing party is
242	242	able to pay those costs, the court shall assess the magistrate's
243	243	costs against the nonprevailing party.
244	244	Sec. 54.2315. JUDICIAL ACTION. (a) A referring court may
245	245	modify, correct, reject, reverse, or recommit for further
246	246	information any action taken by the magistrate.
247	247	(b) If the court does not modify, correct, reject, reverse,
248	248	or recommit an action of the magistrate, the action becomes the
249	249	decree of the court.
250	250	(c) At the conclusion of each term during which the services
251	251	of a magistrate are used, the referring court shall enter a decree
252	252	on the minutes adopting the actions of the magistrate of which the
253	253	court approves.
254	254	Sec. 54.2316. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate
255	255	appointed under this subchapter may act as a civil associate judge
256	256	under Subchapter B, Chapter 54A. To the extent of any conflict with
257	257	this subchapter, a magistrate acting as an associate judge shall
258	258	comply with provisions regarding the appointment, termination,
259	259	referral of cases, powers, duties, and immunities of associate
260	260	judges under Subchapter B, Chapter 54A.
261	261	SECTION 3. This Act takes effect September 1, 2019.