1-1  By:  Stiles (Senate Sponsor - Parker)                  H.B. No. 567
    1-2        (In the Senate - Received from the House March 1, 1993;
    1-3  March 2, 1993, read first time and referred to Committee on
    1-4  Criminal Justice; May 18, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 7, Nays 0;
    1-6  May 18, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Whitmire           x                               
   1-10        Brown              x                               
   1-11        Nelson             x                               
   1-12        Sibley             x                               
   1-13        Sims               x                               
   1-14        Turner             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR H.B. No. 567                     By:  West
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to criminal law masters in Jefferson County.
   1-20        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-21        SECTION 1.  Article 2.09, Code of Criminal Procedure, is
   1-22  amended to read as follows:
   1-23        Art. 2.09.  Who Are Magistrates.  Each of the following
   1-24  officers is a magistrate within the meaning of this Code:  The
   1-25  justices of the Supreme Court, the judges of the Court of Criminal
   1-26  Appeals, the justices of the Courts of Appeals, the judges of the
   1-27  District Court, the magistrates appointed by the judges of the
   1-28  district courts of Bexar County, Dallas County, or Tarrant County
   1-29  that give preference to criminal cases, the magistrates appointed
   1-30  by the judges of the district courts of Lubbock County, <and> the
   1-31  magistrates appointed by the judges of the criminal district courts
   1-32  of Dallas County or Tarrant County, the masters appointed by the
   1-33  judges of the district courts and the county courts at law that
   1-34  give preference to criminal cases in Jefferson County, the county
   1-35  judges, the judges of the county courts at law, judges of the
   1-36  county criminal courts, the judges of statutory probate courts, the
   1-37  justices of the peace, the mayors and recorders and the judges of
   1-38  the municipal courts of incorporated cities or towns.
   1-39        SECTION 2.  Sections 54.202(a), (b), and (d), Government
   1-40  Code, are amended to read as follows:
   1-41        (a)  The judge of a court subject to this subchapter may
   1-42  appoint one or more masters <a master> to perform the duties
   1-43  authorized by this subchapter.
   1-44        (b)  To qualify for appointment as a master, a person must be
   1-45  licensed to practice law in Texas.  <A master must be:>
   1-46              <(1)  a magistrate, as that term is defined by Article
   1-47  2.09, Code of Criminal Procedure, 1965, of the county; and>
   1-48              <(2)  licensed to practice law in this state.>
   1-49        (d)  A person appointed to serve as master is entitled to be
   1-50  paid an amount set by the court that may not exceed the amount paid
   1-51  for indigent trial representation pursuant to Article 26.05, Code
   1-52  of Criminal Procedure.  The commissioners court shall pay the
   1-53  salary from funds appropriated by the commissioners court for
   1-54  indigent criminal representation.  <A magistrate who is appointed
   1-55  to serve as a master is not entitled to receive additional
   1-56  compensation for serving as a master.>
   1-57        SECTION 3.  Subchapter C, Chapter 54, Government Code, is
   1-58  amended by adding Section 54.207 to read as follows:
   1-59        Sec. 54.207.  RESTRICTION ON PRACTICE OF LAW.  A person
   1-60  appointed as a master under this subchapter may not practice law
   1-61  before the court for which the person served as master for two
   1-62  years after the date the master's services end.
   1-63        SECTION 4.  The importance of this legislation and the
   1-64  crowded condition of the calendars in both houses create an
   1-65  emergency and an imperative public necessity that the
   1-66  constitutional rule requiring bills to be read on three several
   1-67  days in each house be suspended, and this rule is hereby suspended,
   1-68  and that this Act take effect and be in force from and after its
    2-1  passage, and it is so enacted.
    2-2                               * * * * *
    2-3                                                         Austin,
    2-4  Texas
    2-5                                                         May 18, 1993
    2-6  Hon. Bob Bullock
    2-7  President of the Senate
    2-8  Sir:
    2-9  We, your Committee on Criminal Justice to which was referred H.B.
   2-10  No. 567, have had the same under consideration, and I am instructed
   2-11  to report it back to the Senate with the recommendation that it do
   2-12  not pass, but that the Committee Substitute adopted in lieu thereof
   2-13  do pass and be printed.
   2-14                                                         Whitmire,
   2-15  Chairman
   2-16                               * * * * *
   2-17                               WITNESSES
   2-18  No witnesses appeared on H.B. No. 567.