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.