PMWJ H.B. 3229 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 3229 By: Oakley 5-5-97 Committee Report (Unamended) BACKGROUND Kaufman County currently has four Justices of the Peace who also act as magistrates for the county. The JPs are scheduled to alternate duties for the county. With two of the current JPs also serving as municipal judges, combined with the current work load and the geographic challenges of the county, it has become extremely difficult for the county jail to have an efficient magistrate program. The Kaufman County Commissioners Court believes that it is necessary to have a magistrate available to the County jail on a consistent basis. The ability to provide an efficient and reliable magistrate process will speed the disposal of cases and improve judicial efficiency. PURPOSE H.B. 3229 allows Kaufman County district judges to appoint criminal law magistrates. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter P, CRIMINAL LAW MAGISTRATES IN KAUFMAN COUNTY, as follows: Sec. 54.951. APPOINTMENT. With the consent and approval of the Commissioners Court of Kaufman County, district court judges in Kaufman County shall appoint a set number of magistrates to perform the duties authorized by this Subchapter. Sec. 54.952. QUALIFICATIONS. Magistrates must be a resident of Kaufman County and the state of Texas. Sec. 54.953. COMPENSATION. The Commissioners Court shall set the salary of the magistrates. The salary will come from the officers' salary section of the county fund. Sec. 54.954. JUDICIAL IMMUNITY. A magistrate has the same immunities as a district judge. Sec. 54.955. TERMINATION OF SERVICES. Magistrates serve at the will of district judges. Sec. 54.956. PROCEEDINGS THAT MAY BE REFERRED. Magistrates may be referred criminal cases by judges involving uncontested trial issues, but may not preside over a contested trial. Sec. 54.957. PAPERS TRANSMITTED TO THE JUDGE. A magistrate must transmit to the referring court any papers relating to the case, including findings, conclusions, orders, recommendations, or other actions taken. Sec. 54.958. JUDICIAL ACTION. Any actions taken by a magistrate that the referring court approves becomes a decree of that court, but the referring court does not have to approve the actions of the magistrate. The referring court may also change or have the magistrate resubmit their actions when the magistrate has more information. When the referring court is finished with the services of the magistrate, the referring court shall state in the minutes which of the actions taken by the magistrate the court approves. SECTION 2. Emergency clause. Effective date.