73R2011 ESH-D
By Cuellar of Webb, Nieto H.B. No. 965
A BILL TO BE ENTITLED
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:
1-15 (1) be a resident of this state and Webb County; and
1-16 (2) have been licensed to practice law in this state
1-17 for at least four years.
1-18 Sec. 54.993. COMPENSATION. A magistrate is entitled to the
1-19 salary determined by the commissioners court.
1-20 Sec. 54.994. JUDICIAL IMMUNITY. A magistrate has the same
1-21 judicial immunity as a district judge.
1-22 Sec. 54.995. ORDER OF REFERRAL. (a) To refer one or more
1-23 criminal cases to a magistrate, a judge must issue an order
1-24 specifying the magistrate's duties.
2-1 (b) An order of referral may set forth general powers and
2-2 limitations of authority of the magistrate that apply to any case
2-3 referred.
2-4 Sec. 54.996. POWERS. Except as limited by an order of
2-5 referral, a magistrate may exercise any power granted to a
2-6 magistrate under the Code of Criminal Procedure.
2-7 Sec. 54.997. RETURN TO REFERRING COURT; FINDINGS. After a
2-8 hearing is concluded, the magistrate shall send to the referring
2-9 court any papers related to the case, including the magistrate's
2-10 findings, conclusions, orders, recommendations, or other action
2-11 taken.
2-12 Sec. 54.998. JUDICIAL ACTION. (a) A referring court may
2-13 modify, correct, reject, reverse, or recommit for further
2-14 information any action taken by the magistrate.
2-15 (b) If the court does not modify, correct, reject, reverse,
2-16 or recommit an action of the magistrate, the action becomes the
2-17 decree of the court.
2-18 (c) At the conclusion of each term during which the services
2-19 of a magistrate are used, the referring court shall enter a decree
2-20 on the minutes adopting the actions of the magistrate of which the
2-21 court approves.
2-22 SECTION 2. Article 2.09, Code of Criminal Procedure, is
2-23 amended to read as follows:
2-24 Art. 2.09. Who Are Magistrates. Each of the following
2-25 officers is a magistrate within the meaning of this Code: The
2-26 justices of the Supreme Court, the judges of the Court of Criminal
2-27 Appeals, the justices of the Courts of Appeals, the judges of the
3-1 District Court, the magistrates appointed by the judges of the
3-2 district courts of Bexar County, Dallas County, or Tarrant County
3-3 that give preference to criminal cases, the magistrates appointed
3-4 by the judges of the district courts of Lubbock County or Webb
3-5 County, and the magistrates appointed by the judges of the criminal
3-6 district courts of Dallas County or Tarrant County, the county
3-7 judges, the judges of the county courts at law, judges of the
3-8 county criminal courts, the judges of statutory probate courts, the
3-9 justices of the peace, the mayors and recorders and the judges of
3-10 the municipal courts of incorporated cities or towns.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.
3-18 COMMITTEE AMENDMENT NO. 1
3-19 Amend H.B. 965 on page 1, line 17 by striking "for at least
3-20 four years".
3-21 Puente
3-22 COMMITTEE AMENDMENT NO. 2
3-23 Amend House Bill 965 as follows:
3-24 (1) on page 2, line 4, strike "Except as limited by an order
3-25 of"
3-26 (2) on page 2, strike lines 5 and 6.
3-27 (3) on page 2, line 4, insert the following after "POWERS.":
4-1 (a) A judge may refer to a magistrate any criminal case for
4-2 proceedings involving:
4-3 (1) a negotiated plea of guilty and sentencing before
4-4 the court that has given initial, but not final, approval by the
4-5 referring judge;
4-6 (2) a pretrial motion;
4-7 (3) an examining trial;
4-8 (4) a postconviction writ of habeas corpus;
4-9 (5) a bond forfeiture suit;
4-10 (6) issuance of search warrants;
4-11 (7) setting of bonds; and,
4-12 (8) arraignment of defendants.
4-13 (b) A magistrate may not preside over a contested trial on
4-14 the merits, regardless of whether the trial is before a jury.
4-15 Thompson of Harris