Texas 2025 - 89th Regular

Texas House Bill HB3716 Compare Versions

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

Old	New	Differences
1	1	89R3659 BCH-D
2	2	By: Buckley H.B. No. 3716
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of criminal law magistrates for Bell
10	10	County.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 54, Government Code, is amended by
13	13	adding Subchapter EE to read as follows:
14	14	SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES
15	15	Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of
16	16	Bell County may select magistrates to serve the courts of Bell
17	17	County having jurisdiction in criminal matters.
18	18	(b) The commissioners court shall establish the minimum
19	19	qualifications, salary, benefits, and other compensation of each
20	20	magistrate position and shall determine whether the position is
21	21	full-time or part-time. The qualifications must require the
22	22	magistrate to:
23	23	(1) have served as a justice of the peace or municipal
24	24	court judge; or
25	25	(2) be an attorney licensed in this state.
26	26	(c) A magistrate appointed under this section serves at the
27	27	pleasure of the commissioners court.
28	28	Sec. 54.1602. JURISDICTION. A magistrate has concurrent
29	29	criminal jurisdiction with the judges of the justice of the peace
30	30	courts of Bell County.
31	31	Sec. 54.1603. POWERS AND DUTIES. (a) The Commissioners
32	32	Court of Bell County shall establish the powers and duties of a
33	33	magistrate appointed under this subchapter. Except as otherwise
34	34	provided by the commissioners court, a magistrate has the powers of
35	35	a magistrate under the Code of Criminal Procedure and other laws of
36	36	this state and may administer an oath for any purpose.
37	37	(b) A magistrate shall give preference to performing the
38	38	duties of a magistrate under Article 15.17, Code of Criminal
39	39	Procedure.
40	40	(c) The commissioners court may designate one or more
41	41	magistrates to hold regular hearings to:
42	42	(1) give admonishments;
43	43	(2) set and review bail and conditions of release;
44	44	(3) appoint legal counsel; and
45	45	(4) determine other routine matters relating to
46	46	preindictment or pending cases within those courts' jurisdiction.
47	47	(d) In the hearings provided under Subsection (c), a
48	48	magistrate shall give preference to the case of an individual held
49	49	in county jail.
50	50	(e) A magistrate may inquire into a defendant's intended
51	51	plea to the charge and set the case for an appropriate hearing
52	52	before a judge or master.
53	53	Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same
54	54	judicial immunity as a district judge.
55	55	Sec. 54.1605. WITNESSES. (a) A witness who is sworn and
56	56	who appears before a magistrate is subject to the penalties for
57	57	perjury and aggravated perjury provided by law.
58	58	(b) A referring court may fine or imprison a witness or
59	59	other court participant for failure to appear after being summoned,
60	60	refusal to answer questions, or other acts of direct contempt
61	61	before a magistrate.
62	62	SECTION 2. Article 2A.151, Code of Criminal Procedure, is
63	63	amended to conform to Section 4.001, Chapter 861 (H.B. 3474), Acts
64	64	of the 88th Legislature, Regular Session, 2023, and to read as
65	65	follows:
66	66	Art. 2A.151. TYPES OF MAGISTRATES. The following officers
67	67	are magistrates for purposes of this code:
68	68	(1) a justice of the supreme court;
69	69	(2) a judge of the court of criminal appeals;
70	70	(3) a justice of the courts of appeals;
71	71	(4) a judge of a district court;
72	72	(5) an associate judge appointed by:
73	73	(A) a judge of a district court or a statutory
74	74	county court that gives preference to criminal cases in Jefferson
75	75	County;
76	76	(B) a judge of a district court or a statutory
77	77	county court of Brazos County, Nueces County, or Williamson County;
78	78	or
79	79	(C) a judge of a district court under Chapter
80	80	54A, Government Code;
81	81	(6) a criminal magistrate appointed by:
82	82	(A) the Bell County Commissioners Court;
83	83	(B) the Brazoria County Commissioners Court; or
84	84	(C) [(B)] the Burnet County Commissioners Court;
85	85	(7) a criminal law hearing officer for:
86	86	(A) Harris County appointed under Subchapter L,
87	87	Chapter 54, Government Code; or
88	88	(B) Cameron County appointed under Subchapter
89	89	BB, Chapter 54, Government Code;
90	90	(8) a magistrate appointed:
91	91	(A) by a judge of a district court of Bexar
92	92	County, Dallas County, or Tarrant County that gives preference to
93	93	criminal cases;
94	94	(B) by a judge of a criminal district court of
95	95	Dallas County or Tarrant County;
96	96	(C) by a judge of a district court or statutory
97	97	county court of Denton or Grayson County;
98	98	(D) by a judge of a district court or statutory
99	99	county court that gives preference to criminal cases in Travis
100	100	County;
101	101	(E) [(D)] by the El Paso Council of Judges;
102	102	(F) [(E)] by the Fort Bend County Commissioners
103	103	Court;
104	104	(G) [(F)] by the Collin County Commissioners
105	105	Court; or
106	106	(H) [(G)] under Subchapter JJ, Chapter 54,
107	107	Government Code;
108	108	(9) a magistrate or associate judge appointed by a
109	109	judge of a district court of Lubbock County, Nolan County, or Webb
110	110	County;
111	111	(10) a county judge;
112	112	(11) a judge of:
113	113	(A) a statutory county court;
114	114	(B) a county criminal court; or
115	115	(C) a statutory probate court;
116	116	(12) an associate judge appointed by a judge of a
117	117	statutory probate court under Chapter 54A, Government Code;
118	118	(13) a justice of the peace; and
119	119	(14) a mayor or recorder of a municipality or a judge
120	120	of a municipal court.
121	121	SECTION 3. To the extent of any conflict, this Act prevails
122	122	over another Act of the 89th Legislature, Regular Session, 2025,
123	123	relating to nonsubstantive additions to and corrections in enacted
124	124	codes.
125	125	SECTION 4. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2025.