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