86R10156 TSS-F
By: Hinojosa S.B. No. 1935
A BILL TO BE ENTITLED
AN ACT
relating to the creation of magistrates for Hidalgo County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter LL to read as follows:
SUBCHAPTER LL. MAGISTRATES IN HIDALGO COUNTY
Sec. 54.2101. APPLICATION OF SUBCHAPTER. This subchapter
applies to Hidalgo County.
Sec. 54.2102. AUTHORIZATION; APPOINTMENT. (a) The
Commissioners Court of Hidalgo County may authorize the judges of
the district and statutory county courts in Hidalgo County to
appoint one or more part-time or full-time magistrates to perform
the duties authorized by this subchapter.
(b) The judges of the district and statutory county courts
in Hidalgo County by a two-thirds vote may appoint magistrates as
authorized by the Commissioners Court of Hidalgo County.
(c) The Commissioners Court of Hidalgo County may only
authorize the appointment of magistrates that are necessary to
perform the duties authorized by this subchapter and are included
in the county's annual budget.
(d) An order appointing a magistrate must be signed by the
local presiding judge of the district courts serving Hidalgo
County, and the order must state:
(1) the magistrate's name; and
(2) the date the magistrate's employment is to begin.
(e) The judges of the district and statutory county courts
in Hidalgo County shall ensure that the magistrates appointed under
this subchapter are representative of the race, sex, national
origin, and ethnicity of the population of Hidalgo County.
(f) A magistrate may not engage in the private practice of
law or serve as a mediator or arbitrator or otherwise participate as
a neutral party in any alternate dispute resolution proceeding,
with or without compensation.
(g) A magistrate is subject to proceedings under Section
1-a, Article V, Texas Constitution.
Sec. 54.2103. TERMINATION OF EMPLOYMENT. (a) A magistrate
may be terminated by a two-thirds vote of all the judges of the
district and statutory county courts in Hidalgo County.
(b) To terminate a magistrate's employment, the local
administrative judge of the district courts serving Hidalgo County
must sign a written order of termination. The order must state:
(1) the magistrate's name; and
(2) the final date of the magistrate's employment.
Sec. 54.2104. QUALIFICATIONS; OATH OF OFFICE. (a) To be
eligible for appointment as a magistrate, a person must:
(1) be a resident of Hidalgo County;
(2) be at least 25 years of age;
(3) be a licensed attorney with at least two years'
experience; and
(4) have the other qualifications required by the
judges of the district and statutory county courts in Hidalgo
County.
(b) A magistrate appointed under Section 54.2102 must take
the constitutional oath of office required of appointed officers of
this state.
Sec. 54.2105. COMPENSATION. (a) A magistrate is entitled
to the salary determined by the Commissioners Court of Hidalgo
County.
(b) A full-time magistrate's salary may not be less than
that of a justice of the peace of Hidalgo County as established by
the annual budget of Hidalgo County.
(c) A part-time magistrate's salary is equal to the per-hour
salary of a justice of the peace. The per-hour salary is determined
by dividing the annual salary by a 2,000 work-hour year. The local
administrative judge of the district courts serving Hidalgo County
shall approve the number of hours to be paid a part-time magistrate.
Sec. 54.2106. CRIMINAL JURISDICTION. (a) The judges of the
district or statutory county courts in Hidalgo County shall
establish standing orders to be followed by a magistrate or parties
appearing before a magistrate, as applicable.
(b) To the extent authorized by this subchapter and the
standing orders, a magistrate has jurisdiction to exercise the
authority granted by the judges of the district or statutory county
courts in Hidalgo County.
(c) The jurisdiction of a magistrate is limited to:
(1) determining probable cause for further detention
of any person detained on a criminal complaint, information, or
indictment filed in the district courts or county courts at law; and
(2) committing the defendant to jail, discharging the
defendant from custody, or admitting the defendant to bail, as the
law and facts of the case require.
(d) This section does not limit or impair the jurisdiction
of the court in which the complaint, information, or indictment is
filed to review or alter the decision of a magistrate.
(e) In a felony or misdemeanor case punishable by
incarceration in the county jail, a magistrate may not dismiss the
case, enter a judgment of acquittal or guilt, or pronounce
sentence.
Sec. 54.2107. MENTAL HEALTH JURISDICTION. The judges of
the statutory county courts in Hidalgo County may authorize a
magistrate to serve a probate court in Hidalgo County as necessary
to hear emergency mental health matters under Chapter 573, Health
and Safety Code. A magistrate has concurrent limited jurisdiction
with a probate court in the county to hear emergency mental health
matters under Chapter 573, Health and Safety Code. This section
does not impair the jurisdiction of a probate court to review or
alter the decision of a magistrate.
Sec. 54.2108. DUTIES AND POWERS. (a) A magistrate shall
inform a person arrested of the warnings described by Article
15.17, Code of Criminal Procedure.
(b) A magistrate shall be available, within the time
provided by law following a defendant's arrest, to determine
probable cause for further detention, administer warnings, inform
the accused of the pending charges, and determine all matters
pertaining to bail.
(c) A magistrate may:
(1) determine the amount of bail and grant bail
pursuant to Chapter 17, Code of Criminal Procedure, and as
otherwise provided by law;
(2) issue a magistrate's order for emergency
apprehension and detention under Chapter 573, Health and Safety
Code, if authorized by the judges of the statutory county courts in
Hidalgo County and if the magistrate makes each finding required by
Section 573.012(b), Health and Safety Code; or
(3) accept a plea of guilty or nolo contendere in
accordance with Article 26.13, Code of Criminal Procedure.
Sec. 54.2109. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge, statutory county court
judge, and justice of the peace.
Sec. 54.2110. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
Commissioners Court of Hidalgo County shall provide:
(1) personnel for the legal or clerical functions
necessary to perform the magistrate's duties authorized by this
chapter; and
(2) sufficient equipment and office space for the
magistrate and personnel to perform the magistrate's essential
functions.
Sec. 54.2111. SHERIFF. On request of a magistrate
appointed under this subchapter, the sheriff, in person or by
deputy, shall assist the magistrate.
SECTION 2. This Act takes effect September 1, 2019.