Texas 2019 - 86th Regular

Texas Senate Bill SB1935 Compare Versions

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

Old	New	Differences
1	1	86R10156 TSS-F
2	2	By: Hinojosa S.B. No. 1935
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of magistrates for Hidalgo County.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 54, Government Code, is amended by
10	10	adding Subchapter LL to read as follows:
11	11	SUBCHAPTER LL. MAGISTRATES IN HIDALGO COUNTY
12	12	Sec. 54.2101. APPLICATION OF SUBCHAPTER. This subchapter
13	13	applies to Hidalgo County.
14	14	Sec. 54.2102. AUTHORIZATION; APPOINTMENT. (a) The
15	15	Commissioners Court of Hidalgo County may authorize the judges of
16	16	the district and statutory county courts in Hidalgo County to
17	17	appoint one or more part-time or full-time magistrates to perform
18	18	the duties authorized by this subchapter.
19	19	(b) The judges of the district and statutory county courts
20	20	in Hidalgo County by a two-thirds vote may appoint magistrates as
21	21	authorized by the Commissioners Court of Hidalgo County.
22	22	(c) The Commissioners Court of Hidalgo County may only
23	23	authorize the appointment of magistrates that are necessary to
24	24	perform the duties authorized by this subchapter and are included
25	25	in the county's annual budget.
26	26	(d) An order appointing a magistrate must be signed by the
27	27	local presiding judge of the district courts serving Hidalgo
28	28	County, and the order must state:
29	29	(1) the magistrate's name; and
30	30	(2) the date the magistrate's employment is to begin.
31	31	(e) The judges of the district and statutory county courts
32	32	in Hidalgo County shall ensure that the magistrates appointed under
33	33	this subchapter are representative of the race, sex, national
34	34	origin, and ethnicity of the population of Hidalgo County.
35	35	(f) A magistrate may not engage in the private practice of
36	36	law or serve as a mediator or arbitrator or otherwise participate as
37	37	a neutral party in any alternate dispute resolution proceeding,
38	38	with or without compensation.
39	39	(g) A magistrate is subject to proceedings under Section
40	40	1-a, Article V, Texas Constitution.
41	41	Sec. 54.2103. TERMINATION OF EMPLOYMENT. (a) A magistrate
42	42	may be terminated by a two-thirds vote of all the judges of the
43	43	district and statutory county courts in Hidalgo County.
44	44	(b) To terminate a magistrate's employment, the local
45	45	administrative judge of the district courts serving Hidalgo County
46	46	must sign a written order of termination. The order must state:
47	47	(1) the magistrate's name; and
48	48	(2) the final date of the magistrate's employment.
49	49	Sec. 54.2104. QUALIFICATIONS; OATH OF OFFICE. (a) To be
50	50	eligible for appointment as a magistrate, a person must:
51	51	(1) be a resident of Hidalgo County;
52	52	(2) be at least 25 years of age;
53	53	(3) be a licensed attorney with at least two years'
54	54	experience; and
55	55	(4) have the other qualifications required by the
56	56	judges of the district and statutory county courts in Hidalgo
57	57	County.
58	58	(b) A magistrate appointed under Section 54.2102 must take
59	59	the constitutional oath of office required of appointed officers of
60	60	this state.
61	61	Sec. 54.2105. COMPENSATION. (a) A magistrate is entitled
62	62	to the salary determined by the Commissioners Court of Hidalgo
63	63	County.
64	64	(b) A full-time magistrate's salary may not be less than
65	65	that of a justice of the peace of Hidalgo County as established by
66	66	the annual budget of Hidalgo County.
67	67	(c) A part-time magistrate's salary is equal to the per-hour
68	68	salary of a justice of the peace. The per-hour salary is determined
69	69	by dividing the annual salary by a 2,000 work-hour year. The local
70	70	administrative judge of the district courts serving Hidalgo County
71	71	shall approve the number of hours to be paid a part-time magistrate.
72	72	Sec. 54.2106. CRIMINAL JURISDICTION. (a) The judges of the
73	73	district or statutory county courts in Hidalgo County shall
74	74	establish standing orders to be followed by a magistrate or parties
75	75	appearing before a magistrate, as applicable.
76	76	(b) To the extent authorized by this subchapter and the
77	77	standing orders, a magistrate has jurisdiction to exercise the
78	78	authority granted by the judges of the district or statutory county
79	79	courts in Hidalgo County.
80	80	(c) The jurisdiction of a magistrate is limited to:
81	81	(1) determining probable cause for further detention
82	82	of any person detained on a criminal complaint, information, or
83	83	indictment filed in the district courts or county courts at law; and
84	84	(2) committing the defendant to jail, discharging the
85	85	defendant from custody, or admitting the defendant to bail, as the
86	86	law and facts of the case require.
87	87	(d) This section does not limit or impair the jurisdiction
88	88	of the court in which the complaint, information, or indictment is
89	89	filed to review or alter the decision of a magistrate.
90	90	(e) In a felony or misdemeanor case punishable by
91	91	incarceration in the county jail, a magistrate may not dismiss the
92	92	case, enter a judgment of acquittal or guilt, or pronounce
93	93	sentence.
94	94	Sec. 54.2107. MENTAL HEALTH JURISDICTION. The judges of
95	95	the statutory county courts in Hidalgo County may authorize a
96	96	magistrate to serve a probate court in Hidalgo County as necessary
97	97	to hear emergency mental health matters under Chapter 573, Health
98	98	and Safety Code. A magistrate has concurrent limited jurisdiction
99	99	with a probate court in the county to hear emergency mental health
100	100	matters under Chapter 573, Health and Safety Code. This section
101	101	does not impair the jurisdiction of a probate court to review or
102	102	alter the decision of a magistrate.
103	103	Sec. 54.2108. DUTIES AND POWERS. (a) A magistrate shall
104	104	inform a person arrested of the warnings described by Article
105	105	15.17, Code of Criminal Procedure.
106	106	(b) A magistrate shall be available, within the time
107	107	provided by law following a defendant's arrest, to determine
108	108	probable cause for further detention, administer warnings, inform
109	109	the accused of the pending charges, and determine all matters
110	110	pertaining to bail.
111	111	(c) A magistrate may:
112	112	(1) determine the amount of bail and grant bail
113	113	pursuant to Chapter 17, Code of Criminal Procedure, and as
114	114	otherwise provided by law;
115	115	(2) issue a magistrate's order for emergency
116	116	apprehension and detention under Chapter 573, Health and Safety
117	117	Code, if authorized by the judges of the statutory county courts in
118	118	Hidalgo County and if the magistrate makes each finding required by
119	119	Section 573.012(b), Health and Safety Code; or
120	120	(3) accept a plea of guilty or nolo contendere in
121	121	accordance with Article 26.13, Code of Criminal Procedure.
122	122	Sec. 54.2109. JUDICIAL IMMUNITY. A magistrate has the same
123	123	judicial immunity as a district judge, statutory county court
124	124	judge, and justice of the peace.
125	125	Sec. 54.2110. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
126	126	Commissioners Court of Hidalgo County shall provide:
127	127	(1) personnel for the legal or clerical functions
128	128	necessary to perform the magistrate's duties authorized by this
129	129	chapter; and
130	130	(2) sufficient equipment and office space for the
131	131	magistrate and personnel to perform the magistrate's essential
132	132	functions.
133	133	Sec. 54.2111. SHERIFF. On request of a magistrate
134	134	appointed under this subchapter, the sheriff, in person or by
135	135	deputy, shall assist the magistrate.
136	136	SECTION 2. This Act takes effect September 1, 2019.