| 1 | 1 | | 87S11197 CAE-D |
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| 2 | 2 | | By: Morales of Maverick H.B. No. 302 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the creation of magistrates in Maverick County. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 54, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter RR to read as follows: |
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| 11 | 11 | | SUBCHAPTER RR. MAVERICK COUNTY MAGISTRATES |
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| 12 | 12 | | Sec. 54.2701. APPOINTMENT. (a) The Commissioners Court of |
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| 13 | 13 | | Maverick County may select magistrates to serve the justice courts |
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| 14 | 14 | | of the county. |
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| 15 | 15 | | (b) The commissioners court shall establish the salary, |
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| 16 | 16 | | benefits, and other compensation of each magistrate position and |
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| 17 | 17 | | shall determine whether the position is full-time or part-time. |
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| 18 | 18 | | (c) A magistrate appointed under this subchapter serves at |
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| 19 | 19 | | the pleasure of the commissioners court. |
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| 20 | 20 | | Sec. 54.2702. JURISDICTION. A magistrate appointed under |
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| 21 | 21 | | this subchapter has concurrent jurisdiction with the justices of |
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| 22 | 22 | | the justice of the peace courts of Maverick County. |
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| 23 | 23 | | Sec. 54.2703. POWERS AND DUTIES. (a) The Commissioners |
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| 24 | 24 | | Court of Maverick County shall establish the powers and duties of a |
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| 25 | 25 | | magistrate appointed under this subchapter. |
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| 26 | 26 | | (b) An order of referral may limit the use or power of a |
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| 27 | 27 | | magistrate. |
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| 28 | 28 | | (c) Unless limited by published local rule, by written |
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| 29 | 29 | | order, or by an order of referral, a magistrate may perform all acts |
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| 30 | 30 | | and take all measures necessary and proper to perform the tasks |
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| 31 | 31 | | assigned in a referral. |
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| 32 | 32 | | (d) A magistrate may administer oaths. |
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| 33 | 33 | | Sec. 54.2704. JUDICIAL IMMUNITY. A magistrate has the same |
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| 34 | 34 | | judicial immunity as a district judge. |
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| 35 | 35 | | Sec. 54.2705. TRAINING. A magistrate appointed under this |
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| 36 | 36 | | subchapter must successfully complete all training a justice of the |
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| 37 | 37 | | peace is required to complete under state law. |
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| 38 | 38 | | Sec. 54.2706. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If |
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| 39 | 39 | | an attorney, party, witness, or any other person fails to comply |
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| 40 | 40 | | with a summons or order, the magistrate may certify that failure in |
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| 41 | 41 | | writing to the referring court for appropriate action. |
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| 42 | 42 | | Sec. 54.2707. WITNESSES. (a) A witness appearing before a |
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| 43 | 43 | | magistrate is subject to the penalties of perjury as provided by |
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| 44 | 44 | | Chapter 37, Penal Code. |
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| 45 | 45 | | (b) A witness referred to the court under Section 54.2706 is |
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| 46 | 46 | | subject to the same penalties and orders that may be imposed on a |
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| 47 | 47 | | witness appearing in a hearing before the court. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect on the 91st day after the last day of the |
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| 53 | 53 | | legislative session. |
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