88R2620 JTZ-F
By: Smith H.B. No. 464
A BILL TO BE ENTITLED
AN ACT
relating to the creation of criminal law magistrates for Grayson
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. GRAYSON COUNTY CRIMINAL MAGISTRATES
Sec. 54.2701. AUTHORIZATION; APPOINTMENT; ELIMINATION.
(a) The Commissioners Court of Grayson County may authorize the
judges of the district and statutory county courts in Grayson
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 Grayson County by a unanimous vote may appoint magistrates as
authorized by the Commissioners Court of Grayson County.
(c) An order appointing a magistrate must be signed by the
local presiding judge of the district courts serving Grayson
County, and the order must state:
(1) the magistrate's name; and
(2) the date the magistrate's employment is to begin.
(d) An authorized magistrate's position may be eliminated
on a majority vote of the Commissioners Court of Grayson County.
Sec. 54.2702. QUALIFICATIONS; OATH OF OFFICE. (a) To be
eligible for appointment as a magistrate, a person must be a
resident of this state and:
(1) have served as a justice of the peace or municipal
court judge for at least four years before the date of appointment;
or
(2) have been licensed to practice law in this state
for at least four years before the date of appointment.
(b) A magistrate appointed under Section 54.2701 must take
the constitutional oath of office required of appointed officers of
this state.
Sec. 54.2703. COMPENSATION. A magistrate is entitled to
the salary determined by the Commissioners Court of Grayson County.
Sec. 54.2704. JURISDICTION. A magistrate has concurrent
criminal jurisdiction with the judges of the justice of the peace
courts of Grayson County.
Sec. 54.2705. POWERS AND DUTIES. (a) The Commissioners
Court of Grayson County shall establish the powers and duties of a
magistrate appointed under this subchapter. Except as otherwise
provided by the commissioners court, a magistrate has the powers of
a magistrate under the Code of Criminal Procedure and other laws of
this state and may administer an oath for any purpose.
(b) A magistrate shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(c) The commissioners court may designate one or more
magistrates to hold regular hearings to:
(1) give admonishments;
(2) set and review bail and conditions of release;
(3) appoint legal counsel; and
(4) determine other routine matters relating to
preindictment or pending cases within those courts' jurisdiction.
(d) In the hearings described by Subsection (c), a
magistrate shall give preference to the case of an individual held
in county jail.
(e) A magistrate may inquire into a defendant's intended
plea to the charge and set the case for an appropriate hearing
before a judge or master.
Sec. 54.2706. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.2707. WITNESSES. (a) A witness who is sworn and
who appears before a magistrate is subject to the penalties for
perjury and aggravated perjury provided by law.
(b) A referring court may fine or imprison a witness or
other court participant for failure to appear after being summoned,
refusal to answer questions, or other acts of direct contempt
before a magistrate.
SECTION 2. This Act takes effect September 1, 2023.