H.B. No. 965
1-1 AN ACT
1-2 relating to magistrates appointed by the judges of the district
1-3 courts in Webb County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Government Code, is amended by adding
1-6 Subchapter R to read as follows:
1-7 SUBCHAPTER R. CRIMINAL LAW MAGISTRATES
1-8 IN WEBB COUNTY
1-9 Sec. 54.991. APPOINTMENT. (a) The judges of the district
1-10 courts in Webb County shall jointly appoint the number of criminal
1-11 law magistrates set by the commissioners court.
1-12 (b) Each magistrate's appointment must be unanimously
1-13 approved by the judges.
1-14 Sec. 54.992. QUALIFICATIONS. A magistrate must be a
1-15 resident of this state and Webb County.
1-16 Sec. 54.993. COMPENSATION. A magistrate is entitled to the
1-17 salary determined by the commissioners court.
1-18 Sec. 54.994. JUDICIAL IMMUNITY. A magistrate has the same
1-19 judicial immunity as a district judge.
1-20 Sec. 54.995. ORDER OF REFERRAL. (a) To refer one or more
1-21 criminal cases to a magistrate, a judge must issue an order
1-22 specifying the magistrate's duties.
1-23 (b) An order of referral may set forth general powers and
1-24 limitations of authority of the magistrate that apply to any case
2-1 referred.
2-2 Sec. 54.996. POWERS. (a) A judge may refer to a magistrate
2-3 any criminal case for proceedings involving:
2-4 (1) issuance of search warrants;
2-5 (2) setting of bonds;
2-6 (3) arraignment of defendants; and
2-7 (4) any other matter that is subject to the review of
2-8 the judge.
2-9 (b) A magistrate may not preside over a contested trial on
2-10 the merits, regardless of whether the trial is before a jury.
2-11 Sec. 54.997. RETURN TO REFERRING COURT; FINDINGS. After a
2-12 hearing is concluded, the magistrate shall send to the referring
2-13 court any papers related to the case, including the magistrate's
2-14 findings, conclusions, orders, recommendations, or other action
2-15 taken.
2-16 Sec. 54.998. JUDICIAL ACTION. (a) A referring court may
2-17 modify, correct, reject, reverse, or recommit for further
2-18 information any action taken by the magistrate.
2-19 (b) If the court does not modify, correct, reject, reverse,
2-20 or recommit an action of the magistrate, the action becomes the
2-21 decree of the court.
2-22 (c) At the conclusion of each term during which the services
2-23 of a magistrate are used, the referring court shall enter a decree
2-24 on the minutes adopting the actions of the magistrate of which the
2-25 court approves.
2-26 SECTION 2. Article 2.09, Code of Criminal Procedure, is
2-27 amended to read as follows:
3-1 Art. 2.09. Who Are Magistrates. Each of the following
3-2 officers is a magistrate within the meaning of this Code: The
3-3 justices of the Supreme Court, the judges of the Court of Criminal
3-4 Appeals, the justices of the Courts of Appeals, the judges of the
3-5 District Court, the magistrates appointed by the judges of the
3-6 district courts of Bexar County, Dallas County, or Tarrant County
3-7 that give preference to criminal cases, the magistrates appointed
3-8 by the judges of the district courts of Lubbock County or Webb
3-9 County, and the magistrates appointed by the judges of the criminal
3-10 district courts of Dallas County or Tarrant County, the county
3-11 judges, the judges of the county courts at law, judges of the
3-12 county criminal courts, the judges of statutory probate courts, the
3-13 justices of the peace, the mayors and recorders and the judges of
3-14 the municipal courts of incorporated cities or towns.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.