1-1  By:  Cuellar of Webb, Nieto                            H.B. No. 965
    1-2       (Senate Sponsor - Zaffirini)
    1-3        (In the Senate - Received from the House April 19, 1993;
    1-4  April 19, 1993, read first time and referred to Committee on
    1-5  Jurisprudence; April 27, 1993, reported favorably, as amended, by
    1-6  the following vote:  Yeas 5, Nays 0; April 27, 1993, sent to
    1-7  printer.)
    1-8                            COMMITTEE VOTE
    1-9                          Yea     Nay      PNV      Absent 
   1-10        Henderson          x                               
   1-11        Harris of Tarrant  x                               
   1-12        Brown                                          x   
   1-13        Harris of Dallas   x                               
   1-14        Luna               x                               
   1-15        Parker                                         x   
   1-16        West               x                               
   1-17  COMMITTEE AMENDMENT NO. 1                    By:  Harris of Tarrant
   1-18  Amend HB 965 as follows:
   1-19        On page 2, strike lines 3-7, and replace with
   1-20              "(1)  a negotiated plea of guilty and sentencing before
   1-21  the court that has given initial, but not final, approval by the
   1-22  referring judge;
   1-23              (2)  a pretrial motion;
   1-24              (3)  an examining trial;
   1-25              (4)  a postconviction writ of habeas corpus;
   1-26              (5)  a bond forfeiture suit;
   1-27              (6)  issuance of search warrants;
   1-28              (7)  setting of bonds; and,
   1-29              (8)  arraignment of defendants."
   1-30  COMMITTEE AMENDMENT NO. 2                    By:  Harris of Tarrant
   1-31  Amend HB 965 as follows:
   1-32        On page 1, line 51, strike "be a" and insert a ":" after
   1-33  "must."
   1-34        On page 1, strike line 52, and replace with "(1)  be a
   1-35  resident of this state and Webb County; and (2)  have been licensed
   1-36  to practice law in this state."
   1-37                         A BILL TO BE ENTITLED
   1-38                                AN ACT
   1-39  relating to magistrates appointed by the judges of the district
   1-40  courts in Webb County.
   1-41        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-42        SECTION 1.  Chapter 54, Government Code, is amended by adding
   1-43  Subchapter R to read as follows:
   1-44                SUBCHAPTER R.  CRIMINAL LAW MAGISTRATES
   1-45                            IN WEBB COUNTY
   1-46        Sec. 54.991.  APPOINTMENT.  (a)  The judges of the district
   1-47  courts in Webb County shall jointly appoint the number of criminal
   1-48  law magistrates set by the commissioners court.
   1-49        (b)  Each magistrate's appointment must be unanimously
   1-50  approved by the judges.
   1-51        Sec. 54.992.  QUALIFICATIONS.  A magistrate must be a
   1-52  resident of this state and Webb County.
   1-53        Sec. 54.993.  COMPENSATION.  A magistrate is entitled to the
   1-54  salary determined by the commissioners court.
   1-55        Sec. 54.994.  JUDICIAL IMMUNITY.  A magistrate has the same
   1-56  judicial immunity as a district judge.
   1-57        Sec. 54.995.  ORDER OF REFERRAL.  (a)  To refer one or more
   1-58  criminal cases to a magistrate, a judge must issue an order
   1-59  specifying the magistrate's duties.
   1-60        (b)  An order of referral may set forth general powers and
   1-61  limitations of authority of the magistrate that apply to any case
   1-62  referred.
   1-63        Sec. 54.996.  POWERS.  (a)  A judge may refer to a magistrate
   1-64  any criminal case for proceedings involving:
   1-65              (1)  issuance of search warrants;
   1-66              (2)  setting of bonds;
   1-67              (3)  arraignment of defendants; and
   1-68              (4)  any other matter that is subject to the review of
    2-1  the judge.
    2-2        (b)  A magistrate may not preside over a contested trial on
    2-3  the merits, regardless of whether the trial is before a jury.
    2-4        Sec. 54.997.  RETURN TO REFERRING COURT; FINDINGS.  After a
    2-5  hearing is concluded, the magistrate shall send to the referring
    2-6  court any papers related to the case, including the magistrate's
    2-7  findings, conclusions, orders, recommendations, or other action
    2-8  taken.
    2-9        Sec. 54.998.  JUDICIAL ACTION.  (a)  A referring court may
   2-10  modify, correct, reject, reverse, or recommit for further
   2-11  information any action taken by the magistrate.
   2-12        (b)  If the court does not modify, correct, reject, reverse,
   2-13  or recommit an action of the magistrate, the action becomes the
   2-14  decree of the court.
   2-15        (c)  At the conclusion of each term during which the services
   2-16  of a magistrate are used, the referring court shall  enter a decree
   2-17  on the minutes adopting the actions of the magistrate of which the
   2-18  court approves.
   2-19        SECTION 2.  Article 2.09, Code of Criminal Procedure, is
   2-20  amended to read as follows:
   2-21        Art. 2.09.  Who Are Magistrates.  Each of the following
   2-22  officers is a magistrate within the meaning of this Code:  The
   2-23  justices of the Supreme Court, the judges of the Court of Criminal
   2-24  Appeals, the justices of the Courts of Appeals, the judges of the
   2-25  District Court, the magistrates appointed by the judges of the
   2-26  district courts of Bexar County, Dallas County, or Tarrant County
   2-27  that give preference to criminal cases, the magistrates appointed
   2-28  by the judges of the district courts of Lubbock County or Webb
   2-29  County, and the magistrates appointed by the judges of the criminal
   2-30  district courts of Dallas County or Tarrant County, the county
   2-31  judges, the judges of the county courts at law, judges of the
   2-32  county criminal courts, the judges of statutory probate courts, the
   2-33  justices of the peace, the mayors and recorders and the judges of
   2-34  the municipal courts of incorporated cities or towns.
   2-35        SECTION 3.  The importance of this legislation and the
   2-36  crowded condition of the calendars in both houses create an
   2-37  emergency and an imperative public necessity that the
   2-38  constitutional rule requiring bills to be read on three several
   2-39  days in each house be suspended, and this rule is hereby suspended,
   2-40  and that this Act take effect and be in force from and after its
   2-41  passage, and it is so enacted.
   2-42                               * * * * *
   2-43                                                         Austin,
   2-44  Texas
   2-45                                                         April 27, 1993
   2-46  Hon. Bob Bullock
   2-47  President of the Senate
   2-48  Sir:
   2-49  We, your Committee on Jurisprudence to which was referred H.B. No.
   2-50  965, have had the same under consideration, and I am instructed to
   2-51  report it back to the Senate with the recommendation that it do
   2-52  pass, as amended, and be printed.
   2-53                                                         Henderson,
   2-54  Chairman
   2-55                               * * * * *
   2-56                               WITNESSES
   2-57  No witnesses appeared on H.B. No. 965.