By: Montford S.B. No. 1499
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation of certain district courts and to the
1-2 service of former judges in a judicial capacity.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 24, Government Code, is
1-5 amended by adding Section 24.022 to read as follows:
1-6 Sec. 24.022. WORKING HOURS OF DISTRICT COURTS IN CERTAIN
1-7 COUNTIES. (a) This section applies to the district courts in a
1-8 county with a population greater than 275,000.
1-9 (b) In order to reduce the backlog of cases in these
1-10 populous counties, a court to which this section applies shall be
1-11 open to the public and conducting the business of the court 72
1-12 hours per week.
1-13 (c) The judge of the court may determine the matters that
1-14 the court will hear during the expanded hours which may include but
1-15 are not limited to pretrial hearings, hearings on discovery
1-16 motions, matters that are uncontested, entering of plea bargain
1-17 agreements, bond hearings, and trials.
1-18 SECTION 2. Subsection (k), Section 25.1092, Government Code,
1-19 is amended to read as follows:
1-20 (k) A visiting judge has the <same> authority and powers
1-21 described by Section 74.059 and is entitled to the same amount of
1-22 compensation as provided for a special judge by this section.
1-23 SECTION 3. Subsections (k) and (q), Section 25.2142,
2-1 Government Code, are amended to read as follows:
2-2 (k) A visiting judge of a county court at law must:
2-3 (1) be a former judge of a district court or statutory
2-4 county court, or an active judge of a district court or county
2-5 court at law;
2-6 (2) not appear and plead as an attorney at law in any
2-7 court of this state while serving as a visiting judge;
2-8 (3) not have left the judge's last service as <been a
2-9 successful candidate for election in at least two general elections
2-10 for> judge of a district court or statutory county court as a
2-11 result of being defeated at an election;
2-12 (4) not have been removed from office by impeachment,
2-13 the supreme court, the governor on address of the legislature, or
2-14 by the State Commission on Judicial Conduct; and
2-15 (5) not have resigned as judge of a court while under
2-16 investigation by the State Commission on Judicial Conduct.
2-17 (q) A special or visiting judge of a county court at law has
2-18 <all> the powers described by Section 74.059 and the<,>
2-19 jurisdiction, authority, duties, immunities, and privilege provided
2-20 by law for the county court at law or its judge, except the <those
2-21 powers and that> authority associated with the appointment or
2-22 assignment of court personnel.
2-23 SECTION 4. Subdivision (2), Subsection (a), Section 33.001,
2-24 Government Code, is amended to read as follows:
2-25 (2) "Judge" means a justice, judge, associate judge,
3-1 master, magistrate, or retired or former judge who is the subject
3-2 of an investigation or proceeding under Article V, Section 1-a, of
3-3 the Texas Constitution.
3-4 SECTION 5. The heading of Chapter 54, Government Code, is
3-5 amended to read as follows:
3-6 CHAPTER 54. MASTERS; MAGISTRATES; ASSOCIATE JUDGES;
3-7 REFEREES
3-8 SECTION 6. Chapter 54, Government Code, is amended by adding
3-9 Subchapter B to read as follows:
3-10 SUBCHAPTER B. MAGISTRATES AND ASSOCIATE JUDGES IN
3-11 CERTAIN COUNTIES
3-12 Sec. 54.101. APPLICABILITY. This subchapter applies to
3-13 district courts to which Section 24.022 applies and which thereby
3-14 are required to be open 72 hours per week.
3-15 Sec. 54.102. APPOINTMENT. In order to use the facilities
3-16 and resources of a district court to which this subchapter applies
3-17 more efficiently, the judge of each such court shall appoint, with
3-18 the approval of the commissioners court of the county which the
3-19 court serves, associate judges or magistrates under this subchapter
3-20 in addition to magistrates, criminal law hearing officers, masters,
3-21 judges of criminal law magistrate courts, or referees appointed
3-22 under other law.
3-23 Sec. 54.103. QUALIFICATIONS. A magistrate or associate
3-24 judge appointed under this subchapter must:
3-25 (1) be a resident of this state and of the county the
4-1 district court serves;
4-2 (2) have been licensed to practice law in this state
4-3 for at least four years; and
4-4 (3) not be a former statutory county court or district
4-5 judge whose last term in that office ended with a reelection loss.
4-6 Sec. 54.104. COMPENSATION. (a) A magistrate or associate
4-7 judge is entitled to the salary determined by the commissioners
4-8 court of the county.
4-9 (b) The salary is paid from the county fund available for
4-10 payment of officers' salaries.
4-11 Sec. 54.105. IMMUNITY. A magistrate or associate judge has
4-12 the same judicial immunity as a district judge.
4-13 Sec. 54.106. TERMINATION OF SERVICES. A magistrate or
4-14 associate judge serves at the will of the judge.
4-15 Sec. 54.107. PROCEEDING THAT MAY BE REFERRED TO MAGISTRATE.
4-16 (a) A judge may refer to a magistrate any criminal case for
4-17 proceedings involving:
4-18 (1) a bond forfeiture;
4-19 (2) a pretrial motion;
4-20 (3) a postconviction writ of habeas corpus;
4-21 (4) an examining trial;
4-22 (5) the issuance of search warrants;
4-23 (6) the setting of bonds;
4-24 (7) the arraignment of defendants; and
4-25 (8) any other matter the judge considers necessary and
5-1 proper, including a negotiated plea of guilty or nolo contendere
5-2 before the court.
5-3 (b) A magistrate may not preside over a trial on the merits,
5-4 whether or not the trial is before a jury.
5-5 Sec. 54.108. PROCEEDING THAT MAY BE REFERRED TO ASSOCIATE
5-6 JUDGE. (a) A judge may refer to an associate judge any civil case
5-7 for proceedings involving:
5-8 (1) nondispositive matters;
5-9 (2) uncontested dispositive matters;
5-10 (3) matters referred to masters under Section 54.005,
5-11 including any aspect of a civil case involving a matter over which
5-12 the referring court has jurisdiction under Title 1, 2, or 4, Family
5-13 Code, or under Chapter 76, Human Resources Code; and
5-14 (4) any other matter the judge considers necessary and
5-15 proper.
5-16 (b) An associate judge may not preside over a trial on the
5-17 merits, whether or not the trial is before a jury.
5-18 Sec. 54.109. ORDER OF REFERRAL. (a) To refer one or more
5-19 cases to a magistrate or associate judge, a judge must issue an
5-20 order of referral specifying the duties of the magistrate or
5-21 associate judge.
5-22 (b) An order of referral may:
5-23 (1) limit the powers of the magistrate or associate
5-24 judge and direct the magistrate or associate judge to report only
5-25 on specific issues, do particular acts, or receive and report on
6-1 evidence only;
6-2 (2) set the time and place for the hearing;
6-3 (3) prescribe a closing date for the hearing;
6-4 (4) provide a date for filing the findings of the
6-5 magistrate or associate judge;
6-6 (5) designate proceedings for more than one case over
6-7 which the magistrate or associate judge shall preside;
6-8 (6) direct the magistrate or associate judge to call
6-9 the court's docket; and
6-10 (7) set forth general powers and limitations of
6-11 authority of the magistrate or associate judge applicable to any
6-12 case referred.
6-13 Sec. 54.110. POWERS. (a) Except as limited by an order of
6-14 referral, a magistrate or associate judge to whom a case is
6-15 referred may:
6-16 (1) conduct hearings;
6-17 (2) hear evidence;
6-18 (3) compel production of relevant evidence;
6-19 (4) rule on admissibility of evidence;
6-20 (5) issue summons for the appearance of witnesses;
6-21 (6) examine witnesses;
6-22 (7) swear witnesses for hearings;
6-23 (8) make findings of fact on evidence;
6-24 (9) formulate conclusions of law;
6-25 (10) recommend the rulings, orders, or judgment to be
7-1 made in a case;
7-2 (11) regulate proceedings in a hearing; and
7-3 (12) do any act and take any measure necessary and
7-4 proper for the efficient performance of the duties required by the
7-5 order of referral.
7-6 (b) In addition to performing the duties under Subsection
7-7 (a), a magistrate may:
7-8 (1) accept a plea of guilty or nolo contendere for a
7-9 misdemeanor, including a negotiated plea, from a defendant charged
7-10 with both misdemeanor and felony offenses;
7-11 (2) rule on a pretrial motion;
7-12 (3) rule on bond forfeiture; and
7-13 (4) rule on a postconviction writ of habeas corpus.
7-14 (c) In addition to performing the duties under Subsection
7-15 (a), an associate judge may rule on:
7-16 (1) a nondispositive matter;
7-17 (2) a dispositive matter that is uncontested; and
7-18 (3) matters referred to masters under Section 54.005,
7-19 including any aspect of a civil case involving a matter over which
7-20 the referring court has jurisdiction under Title 1, 2, or 4, Family
7-21 Code, or under Chapter 76, Human Resources Code.
7-22 Sec. 54.111. COURT REPORTER. At the request of a party, the
7-23 court shall provide a court reporter to record the proceedings
7-24 before the magistrate or associate judge.
7-25 Sec. 54.112. WITNESS. (a) A witness who appears before a
8-1 magistrate or associate judge and is sworn is subject to the
8-2 penalties for perjury provided by law.
8-3 (b) A referring court may issue attachment against and may
8-4 fine or imprison a witness whose failure to appear after being
8-5 summoned or whose refusal to answer questions has been certified to
8-6 the court.
8-7 Sec. 54.113. PAPERS TRANSMITTED TO JUDGE. At the conclusion
8-8 of the proceedings, a magistrate or associate judge shall transmit
8-9 to the referring court any papers relating to the case, including
8-10 the findings, conclusions, orders, recommendations, or other action
8-11 taken by the magistrate or associate judge.
8-12 Sec. 54.114. JUDICIAL ACTION. (a) A referring court may
8-13 modify, correct, reject, reverse, or recommit for further
8-14 information any action taken by a magistrate or associate judge.
8-15 (b) If the court does not modify, correct, reject, reverse,
8-16 or recommit an action of the magistrate or associate judge, the
8-17 action becomes the decree of the court.
8-18 (c) At the conclusion of each term during which the services
8-19 of a magistrate or associate judge are used, the referring court
8-20 shall enter a decree on the minutes adopting the actions of the
8-21 magistrate or associate judge of which the court approves.
8-22 Sec. 54.115. COSTS. The court shall determine if the
8-23 nonprevailing party is able to defray the costs of the magistrate
8-24 or associate judge. If the court determines that the nonprevailing
8-25 party is able to pay those costs, the court shall tax the fees of
9-1 the magistrate or associate judge as costs against the
9-2 nonprevailing party.
9-3 SECTION 7. Section 54.302, Government Code, is amended to
9-4 read as follows:
9-5 Sec. 54.302. Qualifications. To be eligible for appointment
9-6 as a magistrate, a person must:
9-7 (1) be a resident of this state; <and>
9-8 (2) have been licensed to practice law in this state
9-9 for at least four years; and
9-10 (3) not be a former statutory county court or district
9-11 judge whose last term in that office ended with a reelection loss.
9-12 SECTION 8. Section 54.402, Government Code, is amended to
9-13 read as follows:
9-14 Sec. 54.402. QUALIFICATIONS. A referee must <be>:
9-15 (1) be a citizen of this state; <and>
9-16 (2) be licensed to practice law in this state; and
9-17 (3) not be a former statutory county court or district
9-18 judge whose last term in that office ended with a reelection loss.
9-19 SECTION 9. Section 54.503, Government Code, is amended to
9-20 read as follows:
9-21 Sec. 54.503. QUALIFICATIONS. The master must be a citizen
9-22 of this state who is licensed to practice law in this state and not
9-23 be a former statutory county court or district judge whose last
9-24 term in that office ended with a reelection loss.
9-25 SECTION 10. Section 54.652, Government Code, is amended to
10-1 read as follows:
10-2 Sec. 54.652. QUALIFICATIONS. To be eligible for appointment
10-3 as a magistrate, a person must:
10-4 (1) be a resident of this state; <and>
10-5 (2) have been licensed to practice law in this state
10-6 for at least four years; and
10-7 (3) not be a former statutory county court or district
10-8 judge whose last term in that office ended with a reelection loss.
10-9 SECTION 11. Section 54.682, Government Code, is amended to
10-10 read as follows:
10-11 Sec. 54.682. QUALIFICATIONS. A master must:
10-12 (1) be a citizen and resident of this state; <and>
10-13 (2) have been licensed to practice law in this state
10-14 for at least four years; and
10-15 (3) not be a former statutory county court or district
10-16 judge whose last term in that office ended with a reelection loss.
10-17 SECTION 12. Subsection (b), Section 54.747, Government Code,
10-18 is amended to read as follows:
10-19 (b) To be eligible for appointment as a judge of the
10-20 criminal law magistrate court, a person must meet all the
10-21 requirements and qualifications to serve as a district court judge
10-22 and not be a former statutory county court or district judge whose
10-23 last term in that office ended with a reelection loss.
10-24 SECTION 13. Section 54.902, Government Code, is amended to
10-25 read as follows:
11-1 Sec. 54.902. QUALIFICATIONS. To be eligible for appointment
11-2 as a magistrate, a person must:
11-3 (1) be a resident of this state; <and>
11-4 (2) have been licensed to practice law in this state
11-5 for at least four years; and
11-6 (3) not be a former statutory county court or district
11-7 judge whose last term in that office ended with a reelection loss.
11-8 SECTION 14. Section 54.922, Government Code, is amended to
11-9 read as follows:
11-10 Sec. 54.922. QUALIFICATIONS. A master must:
11-11 (1) be a citizen and resident of this state; <and>
11-12 (2) have been licensed to practice law in this state
11-13 for at least two years; and
11-14 (3) not be a former statutory county court or district
11-15 judge whose last term in that office ended with a reelection loss.
11-16 SECTION 15. Section 54.972, Government Code, is amended to
11-17 read as follows:
11-18 Sec. 54.972. QUALIFICATIONS. A magistrate must:
11-19 (1) be a resident of this state and of Travis County;
11-20 <and>
11-21 (2) have been licensed to practice law in this state
11-22 for at least four years; and
11-23 (3) not be a former statutory county court or district
11-24 judge whose last term in that office ended with a reelection loss.
11-25 SECTION 16. Subsection (c), Section 74.055, is amended to
12-1 read as follows:
12-2 (c) To be eligible to be named on the list, a retired or
12-3 former judge must:
12-4 (1) have served as a judge for at least 48 months in a
12-5 district, statutory county, or appellate court;
12-6 (2) have developed substantial experience in the
12-7 judge's area of specialty;
12-8 (3) not have left the judge's last service as a
12-9 district or statutory county court judge as a result of being
12-10 defeated at an election;
12-11 (4) not have been removed from office;
12-12 (5) <(4)> certify under oath to the presiding judge,
12-13 on a form prescribed by the state board of regional judges, that
12-14 the judge did not resign from office after having received notice
12-15 that formal proceedings by the State Commission on Judicial Conduct
12-16 had been instituted as provided in Section 33.022 and before the
12-17 final disposition of the proceedings;
12-18 (6) <(5)> annually demonstrate that the judge has
12-19 completed in the past calendar year the educational requirements
12-20 for active district and statutory county court judges; and
12-21 (7) <(6)> certify to the presiding judge a willingness
12-22 not to appear and plead as an attorney in any court in this state
12-23 for a period of two years.
12-24 SECTION 17. Section 74.059, Government Code, is amended by
12-25 amending Subsection (a) and adding Subsection (d) to read as
13-1 follows:
13-2 (a) Except as provided by Subsection (d), a <A> judge
13-3 assigned under the provisions of this chapter has all the powers of
13-4 the judge of the court to which he is assigned.
13-5 (d) A retired or former judge assigned under the provisions
13-6 of this chapter whose last office before retirement or leaving
13-7 active service was justice or judge of the supreme court, the court
13-8 of criminal appeals, or a court of appeals has all the powers of
13-9 the judge of the court to which the retired or former judge is
13-10 assigned. All other retired or former judges assigned under the
13-11 provisions of this chapter serve under the supervision of the judge
13-12 of the court to which the retired or former judge is assigned. A
13-13 ruling by a supervised retired or former judge is not effective
13-14 unless and until it is approved by the supervising judge. Subject
13-15 to the limitations of the supervising judge, a retired or former
13-16 judge may:
13-17 (1) conduct hearings;
13-18 (2) hear evidence;
13-19 (3) compel production of relevant evidence;
13-20 (4) rule on admissibility of evidence;
13-21 (5) issue summons for the appearance of witnesses;
13-22 (6) examine witnesses;
13-23 (7) swear witnesses for hearings;
13-24 (8) make findings of fact on evidence;
13-25 (9) formulate conclusions of law;
14-1 (10) recommend the rulings, orders, or judgment to be
14-2 made in a case by the supervising judge;
14-3 (11) regulate proceedings in a hearing;
14-4 (12) accept a plea of guilty for a misdemeanor from a
14-5 defendant charged with both misdemeanor and felony offenses; and
14-6 (13) do any act and take any measure necessary and
14-7 proper for the efficient performance of duties specified by the
14-8 supervising judge.
14-9 SECTION 18. Subsection (a), Section 75.001, Government Code,
14-10 is amended to read as follows:
14-11 (a) Except as provided by Section 75.0015, a <A> retiree
14-12 under Subtitle D or E of Title 8 may elect to be a judicial
14-13 officer.
14-14 SECTION 19. Subchapter A, Chapter 75, Government Code, is
14-15 amended by adding Section 75.0015 to read as follows:
14-16 Sec. 75.0015. DEFEATED JUDGES MAY NOT SERVE. (a) A retiree
14-17 under Subtitle D or E of Title 8 or a former judge whose final
14-18 judicial office before retirement or leaving active service was
14-19 judge of a district or statutory county court and who left that
14-20 office as a result of being defeated at an election may not be
14-21 assigned to serve in a court under this subchapter.
14-22 SECTION 20. Subsection (c), Section 75.002, Government Code,
14-23 is amended to read as follows:
14-24 (c) A retiree assigned under this subchapter whose last
14-25 office before retirement was justice or judge of the supreme court,
15-1 the court of criminal appeals, or a court of appeals has all the
15-2 powers of a judge of the court to which the retiree has been
15-3 assigned. A retiree assigned under this subchapter whose last
15-4 judicial office before retirement was judge of a district or
15-5 statutory court serves under the supervision of the judge of the
15-6 court to which the retiree has been assigned and has the powers
15-7 described by Section 75.004.
15-8 SECTION 21. Section 75.003, Government Code, is amended by
15-9 adding Subsection (c) to read as follows:
15-10 (c) A former judge assigned under this subchapter whose last
15-11 office before leaving active service was justice or judge of the
15-12 supreme court, the court of criminal appeals, or a court of appeals
15-13 has all the powers of a judge of the court to which the retiree has
15-14 been assigned. A former judge assigned under this subchapter whose
15-15 last judicial office before leaving active service was judge of a
15-16 district or statutory county court serves under the supervision of
15-17 the judge of the court to which the retiree has been assigned and
15-18 has the powers described by Section 75.004.
15-19 SECTION 22. Subchapter A, Chapter 75, Government Code, is
15-20 amended by adding Section 75.004 to read as follows:
15-21 Sec. 75.004. LIMITATION OF POWERS OF ASSIGNED JUDGES.
15-22 Except as provided by Sections 75.002(c) and 75.003(c) for retired
15-23 and former justices and judges of the supreme court, the court of
15-24 criminal appeals, and a court of appeals, a retired or former judge
15-25 assigned under this subchapter serves under the supervision of the
16-1 judge of the court to which the retired or former judge is
16-2 assigned. A ruling by a supervised retired or former judge is not
16-3 effective unless and until it is approved by the supervising judge.
16-4 Subject to the limitations of the supervising judge, a retired or
16-5 former judge may:
16-6 (1) conduct hearings;
16-7 (2) hear evidence;
16-8 (3) compel production of relevant evidence;
16-9 (4) rule on admissibility of evidence;
16-10 (5) issue summons for the appearance of witnesses;
16-11 (6) examine witnesses;
16-12 (7) swear witnesses for hearings;
16-13 (8) make findings of fact on evidence;
16-14 (9) formulate conclusions of law;
16-15 (10) recommend the rulings, orders, or judgment to be
16-16 made in a case by the supervising judge;
16-17 (11) regulate proceedings in a hearing;
16-18 (12) accept a plea of guilty for a misdemeanor from a
16-19 defendant charged with both misdemeanor and felony offenses; and
16-20 (13) do any act and take any measure necessary and
16-21 proper for the efficient performance of duties specified by the
16-22 supervising judge.
16-23 SECTION 23. Subsections (h) and (j), Section 75.015,
16-24 Government Code, are amended to read as follows:
16-25 (h) Except as provided by Subsection (j), a <A> judge
17-1 assigned under this section has all the powers, emoluments of
17-2 office, and jurisdiction of the judge of the court to which the
17-3 assignment is made.
17-4 (j) A retired or former judge of a county court at law or
17-5 statutory probate court of El Paso County who is assigned to a
17-6 district court in El Paso County under Subchapter A, under Chapter
17-7 74, or by other law of this state has the powers described by
17-8 Section 75.004 <jurisdiction conferred by Subsection (h) of this
17-9 section>. A retired or former judge of a county court at law or
17-10 statutory probate court of El Paso County who has served 12 years
17-11 as a county court at law judge is a senior judge. The district
17-12 courts, county courts at law, and statutory probate courts of El
17-13 Paso County are of the same dignity.
17-14 SECTION 24. Section 75.104, Government Code, is amended to
17-15 read as follows:
17-16 Sec. 75.104. QUALIFICATIONS. A senior judge must:
17-17 (1) have served as a judge of a district court for 12
17-18 years, regardless of whether or not the service was consecutive,
17-19 exercising primarily criminal, civil, or family court jurisdiction;
17-20 (2) have developed an expertise in criminal law, civil
17-21 law, or family law;
17-22 (3) not have been removed from office by impeachment,
17-23 the supreme court, or the governor on address by the legislature;
17-24 (4) not have left the judge's last service as a
17-25 district judge as a result of being defeated at an election;
18-1 (5) not have been removed from office or involuntarily
18-2 retired by the State Commission on Judicial Conduct or the supreme
18-3 court;
18-4 (6) <(5)> certify under oath to the presiding judge,
18-5 on a form prescribed by the state board of regional judges, that
18-6 the judge did not resign from office after having received notice
18-7 that formal proceedings by the State Commission on Judicial Conduct
18-8 had been instituted as provided in Section 33.022 and before the
18-9 final disposition of the proceedings;
18-10 (7) <(6)> certify a willingness to serve; and
18-11 (8) <(7)> be 65 years of age or younger.
18-12 SECTION 25. Section 75.106, Government Code, is amended to
18-13 read as follows:
18-14 Sec. 75.106. JUDGES NOT LIMITED TO CERTAIN CASES. Subject
18-15 to the supervisory requirements of Section 75.004, this <This>
18-16 subchapter does not limit a senior criminal district court judge to
18-17 sitting only in criminal cases, a senior civil district court judge
18-18 to sitting only in civil cases, or a senior family court judge to
18-19 sitting only in cases involving family law.
18-20 SECTION 26. Article 2.09, Code of Criminal Procedure, is
18-21 amended to read as follows:
18-22 Art. 2.09. WHO ARE MAGISTRATES. Each of the following
18-23 officers is a magistrate within the meaning of this Code: The
18-24 justices of the Supreme Court, the judges of the Court of Criminal
18-25 Appeals, the justices of the Courts of Appeals, the judges of the
19-1 District Court, the magistrates appointed by the judges of the
19-2 district courts of Bexar County, Dallas County, Tarrant County, or
19-3 Travis County that give preference to criminal cases, the criminal
19-4 law hearing officers for Harris County appointed under Subchapter
19-5 L, Chapter 54, Government Code, the magistrates appointed by the
19-6 judges of the district courts of Lubbock County or Webb County, the
19-7 magistrates appointed by the judges of the criminal district courts
19-8 of Dallas County or Tarrant County, the magistrates appointed by
19-9 judges of district courts under Subchapter B, Chapter 54,
19-10 Government Code, the masters appointed by the judges of the
19-11 district courts and the county courts at law that give preference
19-12 to criminal cases in Jefferson County, the county judges, the
19-13 judges of the county courts at law, judges of the county criminal
19-14 courts, the judges of statutory probate courts, the justices of the
19-15 peace, the mayors and recorders and the judges of the municipal
19-16 courts of incorporated cities or towns.
19-17 SECTION 27. Article 4.01, Code of Criminal Procedure, is
19-18 amended to read as follows:
19-19 Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The
19-20 following courts have jurisdiction in criminal actions:
19-21 1. The Court of Criminal Appeals;
19-22 2. Courts of appeals;
19-23 3. The district courts;
19-24 4. The criminal district courts;
19-25 5. The magistrates appointed by the judges of the
20-1 district courts of Bexar County, Dallas County, Tarrant County, or
20-2 Travis County that give preference to criminal cases, the
20-3 magistrates appointed by judges of district courts under Subchapter
20-4 B, Chapter 54, Government Code, and the magistrates appointed by
20-5 the judges of the criminal district courts of Dallas County or
20-6 Tarrant County;
20-7 6. The county courts;
20-8 7. All county courts at law with criminal
20-9 jurisdiction;
20-10 8. County criminal courts;
20-11 9. Justice courts;
20-12 10. Municipal courts; and
20-13 11. The magistrates appointed by the judges of the
20-14 district courts of Lubbock County.
20-15 SECTION 28. (a) The magistrates and associate judges to be
20-16 appointed under Subchapter B, Chapter 54, Government Code, as added
20-17 by this Act, shall be appointed by January 1, 1996.
20-18 (b) The changes in law made by this Act that relate to the
20-19 required qualifications for appointment of a former judge as a
20-20 magistrate, associate judge, master, referee, or judge of a
20-21 criminal law magistrate court apply to appointments made on or
20-22 after the effective date of this Act. The required qualifications
20-23 of a former judge appointed as a magistrate, master, or judge of a
20-24 criminal law magistrate court before the effective date of this Act
20-25 are governed by the law in effect at the time of the appointment,
21-1 and the former law is continued in effect for this purpose.
21-2 SECTION 29. The changes in law made by this Act that relate
21-3 to the qualification for assignment of a retired or former judge as
21-4 a special or visiting judge which requires that the judge not have
21-5 left his last judicial office as a result of being defeated at an
21-6 election apply only to judges leaving office following an election
21-7 defeat after the effective date of this Act. Retired or former
21-8 judges assigned as special or visiting judges who left office
21-9 following an election defeat before the effective date of this Act
21-10 are subject to the qualifications for assignment as a special or
21-11 visiting judge as they existed before the effective date of this
21-12 Act, and the former law is continued in effect for that purpose.
21-13 SECTION 30. The changes in law made by this Act that relate
21-14 to the requirement that certain retired and former judges assigned
21-15 as special or visiting judges serve under the supervision of the
21-16 judge in whose court they are assigned and that limit the authority
21-17 to make rulings of certain retired and former judges apply only to
21-18 retired and former judges assigned after the effective date of this
21-19 Act. Retired or former judges assigned as special or visiting
21-20 judges before the effective date of this Act have all the powers
21-21 and authority that a special or visiting judge had prior to the
21-22 effective date of this Act, and the former law is continued in
21-23 effect for that purpose.
21-24 SECTION 31. The importance of this legislation and the
21-25 crowded condition of the calendars in both houses create an
22-1 emergency and an imperative public necessity that the
22-2 constitutional rule requiring bills to be read on three several
22-3 days in each house be suspended, and this rule is hereby suspended,
22-4 and that this Act take effect and be in force from and after its
22-5 passage, and it is so enacted.