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.