Texas 2019 - 86th Regular

Texas Senate Bill SB2254 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Miles S.B. No. 2254
	2	+	(In the Senate - Filed March 8, 2019; March 21, 2019, read
	3	+	first time and referred to Committee on State Affairs; May 1, 2019,
	4	+	reported adversely, with favorable Committee Substitute by the
	5	+	following vote: Yeas 8, Nays 0; May 1, 2019, sent to printer.)
	6	+	Click here to see the committee vote
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2254 By: Zaffirini
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to creation of magistrates in Fort Bend County.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Article 2.09, Code of Criminal Procedure, is
9	15		amended to read as follows:
10	16		Art. 2.09. WHO ARE MAGISTRATES. Each of the following
11	17		officers is a magistrate within the meaning of this Code: The
12	18		justices of the Supreme Court, the judges of the Court of Criminal
13	19		Appeals, the justices of the Courts of Appeals, the judges of the
14	20		District Court, the magistrates appointed by the judges of the
15	21		district courts of Bexar County, Dallas County, or Tarrant County
16	22		that give preference to criminal cases, the criminal law hearing
17	23		officers for Harris County appointed under Subchapter L, Chapter
18	24		54, Government Code, the criminal law hearing officers for Cameron
19	25		County appointed under Subchapter BB, Chapter 54, Government Code,
20	26		the magistrates or associate judges appointed by the judges of the
21	27		district courts of Lubbock County, Nolan County, or Webb County,
22	28		the magistrates appointed by the judges of the criminal district
23	29		courts of Dallas County or Tarrant County, the associate judges
24	30		appointed by the judges of the district courts and the county courts
25	31		at law that give preference to criminal cases in Jefferson County,
26	32		the associate judges appointed by the judges of the district courts
27	33		and the statutory county courts of Brazos County, Nueces County, or
28	34		Williamson County, the magistrates appointed by the judges of the
29	35		district courts and statutory county courts that give preference to
30	36		criminal cases in Travis County, the criminal magistrates appointed
31	37		by the Brazoria County Commissioners Court, the criminal
32	38		magistrates appointed by the Burnet County Commissioners Court, the
33	39		county judges, the judges of the county courts at law, judges of the
34	40		county criminal courts, the judges of statutory probate courts, the
35	41		associate judges appointed by the judges of the statutory probate
36	42		courts under Chapter 54A, Government Code, the associate judges
37	43		appointed by the judge of a district court under Chapter 54A,
38	44		Government Code, the magistrates appointed under Subchapter JJ,
39	45		Chapter 54, Government Code, as added by H.B. No. 2132, Acts of the
40	46		82nd Legislature, Regular Session, 2011, the magistrates appointed
41	47		under Subchapter NN, Chapter 54, Government Code, the justices of
42	48		the peace, and the mayors and recorders and the judges of the
43	49		municipal courts of incorporated cities or towns.
44	50		SECTION 2. Article 4.01, Code of Criminal Procedure, is
45	51		amended to read as follows:
46	52		Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
47	53		following courts have jurisdiction in criminal actions:
48	54		1. The Court of Criminal Appeals;
49	55		2. Courts of appeals;
50	56		3. The district courts;
51	57		4. The criminal district courts;
52	58		5. The magistrates appointed by the judges of the district
53	59		courts of Bexar County, Dallas County, Tarrant County, or Travis
54	60		County that give preference to criminal cases, [and] the
55	61		magistrates appointed by the judges of the criminal district courts
56	62		of Dallas County or Tarrant County, and the magistrates appointed
57	63		by the judges of the statutory county courts and district courts of
58	64		Fort Bend County that give preference to criminal cases;
59	65		6. The county courts;
60	66		7. All county courts at law with criminal jurisdiction;
61	67		8. County criminal courts;
62	68		9. Justice courts;
63	69		10. Municipal courts; and
64	70		11. The magistrates appointed by the judges of the district
65	71		courts of Lubbock County.
66	72		SECTION 3. Chapter 54, Government Code, is amended by
67	73		adding Subchapter NN to read as follows:
68	74		SUBCHAPTER NN. MAGISTRATES IN FORT BEND COUNTY
69	75		Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION.
70	76		(a) The Commissioners Court of Fort Bend County may authorize the
71	77		judges of the district courts and statutory county courts in Fort
72	78		Bend County to appoint one or more part-time or full-time
73	79		magistrates to perform the duties authorized by this subchapter.
74	80		(b) The judges of the district courts and statutory county
75	81		courts in Fort Bend County by a unanimous vote may appoint
76	82		magistrates as authorized by the Commissioners Court of Fort Bend
77	83		County.
78	84		(c) An order appointing a magistrate must be signed by the
79	85		local administrative judge of the district courts and the local
80	86		administrative judge of the statutory county courts serving Fort
81	87		Bend County, and the order must state:
82	88		(1) the magistrate's name; and
83	89		(2) the date the magistrate's employment is to begin.
84	90		(d) An authorized magistrate's position may be eliminated
85	91		on a majority vote of the Commissioners Court of Fort Bend County.
86	92		Sec. 54.2302. QUALIFICATIONS; OATH OF OFFICE. (a) To be
87	93		eligible for appointment as a magistrate, a person must:
88	94		(1) be a resident of this state and the county;
89	95		(2) have been licensed to practice law in this state
90	96		for at least four years;
91	97		(3) not have been removed from office by impeachment,
92	98		by the supreme court, by the governor on address to the legislature,
93	99		by a tribunal reviewing a recommendation of the State Commission on
94	100		Judicial Conduct, or by the legislature's abolition of the judge's
95	101		court; and
96	102		(4) not have resigned from office after having
97	103		received notice that formal proceedings by the State Commission on
98	104		Judicial Conduct had been instituted as provided by Section 33.022
99	105		and before the final disposition of the proceedings.
100	106		(b) A magistrate appointed under Section 54.2301 must take
101	107		the constitutional oath of office required of appointed officers of
102	108		this state.
103	109		Sec. 54.2303. COMPENSATION. (a) A magistrate is entitled
104	110		to the salary determined by the Commissioners Court of Fort Bend
105	111		County.
106	112		(b) A full-time magistrate's salary may not be less than
107	113		that of a justice of the peace of Fort Bend County as established by
108	114		the annual budget of Fort Bend County.
109	115		(c) A part-time magistrate's salary is equal to the per-hour
110	116		salary of a justice of the peace. The per-hour salary is determined
111	117		by dividing the annual salary by a 2,000 work-hour year. The local
112	118		administrative judge of the district courts serving Fort Bend
113	119		County shall approve the number of hours to be paid a part-time
114	120		magistrate.
115	121		(d) A magistrate's salary is paid from the county fund
116	122		available for payment of officers' salaries.
117	123		Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same
118	124		judicial immunity as a district judge.
119	125		Sec. 54.2305. TERMINATION OF EMPLOYMENT. (a) A magistrate
120	126		may be terminated by a majority vote of all the judges of the
121	127		district courts and statutory county courts of Fort Bend County.
122	128		(b) To terminate a magistrate's employment, the local
123	129		administrative judge of the district courts and the local
124	130		administrative judge of the statutory county courts serving Fort
125	131		Bend County must sign a written order of termination. The order
126	132		must state:
127	133		(1) the magistrate's name; and
128	134		(2) the final date of the magistrate's employment.
129	135		Sec. 54.2306. DUTIES AND POWERS. (a) A magistrate shall
130	136		inform the person arrested, in clear language, of the accusation
131	137		against the person and of any affidavit filed with the accusation.
132	138		A magistrate shall inform the person arrested of the person's right
133	139		to retain counsel, to remain silent, to have an attorney present
134	140		during any interview with a peace officer or an attorney
135	141		representing the state, to terminate the interview at any time, and
136	142		to request the appointment of counsel if the person is indigent and
137	143		cannot afford counsel. The magistrate shall also inform the person
138	144		arrested that the person is not required to make a statement and
139	145		that any statement made by the person may be used against the
140	146		person. The magistrate must allow the person arrested reasonable
141	147		time and opportunity to consult counsel and shall admit the person
142	148		arrested to bail if allowed by law. In addition to the powers and
143	149		duties specified by this subsection, a magistrate has all other
144	150		powers and duties of a magistrate specified by the Code of Criminal
145	151		Procedure and other laws of this state.
146	152		(b) A magistrate may determine the amount of bail and grant
147	153		bail under Chapter 17, Code of Criminal Procedure, and as otherwise
148	154		provided by law.
149	155		(c) A magistrate shall be available, within 24 hours of a
150	156		defendant's arrest, to determine probable cause for further
151	157		detention, administer warnings, inform the accused of the pending
152	158		charges, and determine all matters pertaining to bail. Magistrates
153	159		shall be available to review and issue search warrants and arrest
154	160		warrants as provided by law.
155	161		(d) A magistrate may dispose of criminal cases filed in the
156	162		justice court as provided by law and collect fines and enforce the
157	163		judgments and orders of the justice courts in criminal cases.
158	164		(e) A magistrate may enforce the judgments and orders of the
159	165		statutory county courts in criminal cases.
160	166		Sec. 54.2307. MENTAL HEALTH JURISDICTION. The judges of
161	167		the statutory county courts of Fort Bend County may authorize a
162	168		magistrate as necessary to hear emergency mental health matters
163	169		under Chapter 573, Health and Safety Code. A magistrate has
164	170		concurrent limited jurisdiction with the statutory county courts to
165	171		hear emergency mental health matters under Chapter 573, Health and
166	172		Safety Code. This section does not impair the jurisdiction of the
167	173		statutory county courts to review or alter the decision of the
168	174		magistrate.
169	175		Sec. 54.2308. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
170	176		Commissioners Court of Fort Bend County shall provide:
171	177		(1) personnel for the legal or clerical functions
172	178		necessary to perform the magistrate's duties authorized by this
173	179		subchapter; and
174	180		(2) sufficient equipment and office space for the
175	181		magistrate and personnel to perform the magistrate's essential
176	182		functions.
177	183		Sec. 54.2309. SHERIFF. On request of a magistrate
178	184		appointed under this subchapter, the sheriff, in person or by
179	185		deputy, shall assist the magistrate.
180	186		Sec. 54.2310. CLERK. The district clerk or county clerk, as
181	187		applicable, shall perform the statutory duties necessary for the
182	188		magistrate appointed under this subchapter in cases filed in a
183	189		district court and in cases filed in a statutory county court.
184	190		SECTION 4. This Act takes effect immediately if it receives
185	191		a vote of two-thirds of all the members elected to each house, as
186	192		provided by Section 39, Article III, Texas Constitution. If this
187	193		Act does not receive the vote necessary for immediate effect, this
188	194		Act takes effect September 1, 2019.
	195	+	* * * * *