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.