Texas 2025 - 89th Regular

Texas Senate Bill SB251 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Flores S.B. No. 251
2		-
3		-
	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 19, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 19, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to the creation of criminal law magistrates for Bell
9	12		County.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Chapter 54, Government Code, is amended by
12	15		adding Subchapter EE to read as follows:
13	16		SUBCHAPTER EE. BELL COUNTY CRIMINAL MAGISTRATES
14	17		Sec. 54.1601. APPOINTMENT. (a) The Commissioners Court of
15	18		Bell County may select magistrates to serve the courts of Bell
16	19		County having jurisdiction in criminal matters.
17	20		(b) The commissioners court shall establish the minimum
18	21		qualifications, salary, benefits, and other compensation of each
19	22		magistrate position and shall determine whether the position is
20	23		full-time or part-time. The qualifications must require the
21	24		magistrate to:
22	25		(1) have served as a justice of the peace or municipal
23	26		court judge; or
24		-	(2) have been licensed to practice law in this state
25		-	and in good standing with the State Bar of Texas for at least two
26		-	years.
	27	+	(2) be an attorney licensed in this state.
27	28		(c) A magistrate appointed under this section serves at the
28	29		pleasure of the commissioners court.
29	30		Sec. 54.1602. JURISDICTION. A magistrate has concurrent
30	31		criminal jurisdiction with the judges of the justice of the peace
31	32		courts of Bell County.
32	33		Sec. 54.1603. POWERS AND DUTIES. (a) The Commissioners
33	34		Court of Bell County shall establish the powers and duties of a
34	35		magistrate appointed under this subchapter. Except as otherwise
35	36		provided by the commissioners court, a magistrate has the powers of
36	37		a magistrate under the Code of Criminal Procedure and other laws of
37	38		this state and may administer an oath for any purpose.
38	39		(b) A magistrate shall give preference to performing the
39	40		duties of a magistrate under Article 15.17, Code of Criminal
40	41		Procedure.
41	42		(c) The commissioners court may designate one or more
42	43		magistrates to hold regular hearings to:
43	44		(1) give admonishments;
44	45		(2) set and review bail and conditions of release;
45	46		(3) appoint legal counsel; and
46	47		(4) determine other routine matters relating to
47	48		preindictment or pending cases within those courts' jurisdiction.
48	49		(d) In the hearings provided under Subsection (c), a
49	50		magistrate shall give preference to the case of an individual held
50	51		in county jail.
51	52		(e) A magistrate may inquire into a defendant's intended
52	53		plea to the charge and set the case for an appropriate hearing
53	54		before a judge or master.
54	55		Sec. 54.1604. JUDICIAL IMMUNITY. A magistrate has the same
55	56		judicial immunity as a district judge.
56	57		Sec. 54.1605. WITNESSES. (a) A witness who is sworn and
57	58		who appears before a magistrate is subject to the penalties for
58	59		perjury and aggravated perjury provided by law.
59	60		(b) A referring court may fine or imprison a witness or
60	61		other court participant for failure to appear after being summoned,
61	62		refusal to answer questions, or other acts of direct contempt
62	63		before a magistrate.
63	64		SECTION 2. Article 2A.151, Code of Criminal Procedure, is
64	65		amended to conform to Section 4.001, Chapter 861 (H.B. 3474), Acts
65	66		of the 88th Legislature, Regular Session, 2023, and to read as
66	67		follows:
67	68		Art. 2A.151. TYPES OF MAGISTRATES. The following officers
68	69		are magistrates for purposes of this code:
69	70		(1) a justice of the supreme court;
70	71		(2) a judge of the court of criminal appeals;
71	72		(3) a justice of the courts of appeals;
72	73		(4) a judge of a district court;
73	74		(5) an associate judge appointed by:
74	75		(A) a judge of a district court or a statutory
75	76		county court that gives preference to criminal cases in Jefferson
76	77		County;
77	78		(B) a judge of a district court or a statutory
78	79		county court of Brazos County, Nueces County, or Williamson County;
79	80		or
80	81		(C) a judge of a district court under Chapter
81	82		54A, Government Code;
82	83		(6) a criminal magistrate appointed by:
83	84		(A) the Bell County Commissioners Court;
84	85		(B) the Brazoria County Commissioners Court; or
85	86		(C) [(B)] the Burnet County Commissioners Court;
86	87		(7) a criminal law hearing officer for:
87	88		(A) Harris County appointed under Subchapter L,
88	89		Chapter 54, Government Code; or
89	90		(B) Cameron County appointed under Subchapter
90	91		BB, Chapter 54, Government Code;
91	92		(8) a magistrate appointed:
92	93		(A) by a judge of a district court of Bexar
93	94		County, Dallas County, or Tarrant County that gives preference to
94	95		criminal cases;
95	96		(B) by a judge of a criminal district court of
96	97		Dallas County or Tarrant County;
97	98		(C) by a judge of a district court or statutory
98	99		county court of Denton or Grayson County;
99	100		(D) by a judge of a district court or statutory
100	101		county court that gives preference to criminal cases in Travis
101	102		County;
102	103		(E) [(D)] by the El Paso Council of Judges;
103	104		(F) [(E)] by the Fort Bend County Commissioners
104	105		Court;
105	106		(G) [(F)] by the Collin County Commissioners
106	107		Court; or
107	108		(H) [(G)] under Subchapter JJ, Chapter 54,
108	109		Government Code;
109	110		(9) a magistrate or associate judge appointed by a
110	111		judge of a district court of Lubbock County, Nolan County, or Webb
111	112		County;
112	113		(10) a county judge;
113	114		(11) a judge of:
114	115		(A) a statutory county court;
115	116		(B) a county criminal court; or
116	117		(C) a statutory probate court;
117	118		(12) an associate judge appointed by a judge of a
118	119		statutory probate court under Chapter 54A, Government Code;
119	120		(13) a justice of the peace; and
120	121		(14) a mayor or recorder of a municipality or a judge
121	122		of a municipal court.
122	123		SECTION 3. To the extent of any conflict, this Act prevails
123	124		over another Act of the 89th Legislature, Regular Session, 2025,
124	125		relating to nonsubstantive additions to and corrections in enacted
125	126		codes.
126	127		SECTION 4. This Act takes effect immediately if it receives
127	128		a vote of two-thirds of all the members elected to each house, as
128	129		provided by Section 39, Article III, Texas Constitution. If this
129	130		Act does not receive the vote necessary for immediate effect, this
130	131		Act takes effect September 1, 2025.
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