PMWJ H.B. 3588 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3588
By: Lewis of Tarrant
4-28-97
Committee Report (Unamended)



BACKGROUND 

 Criminal district courts and districts courts that give preference to
criminal cases in Tarrant County currently are currently authorized to
employ magistrates, with the approval of the commissioners court.  The
statutory county criminal court judges of Tarrant County have requested
the authority to appoint magistrates. 
 The appointment of one or more magistrates will enable the statutory
county criminal court judges to better manage their dockets and bring
matters to trial in a more timely manner.  It will allow the Tarrant
County Criminal Courts to handle more criminal cases in a cost effective
and efficient manner, reduce the growing backlog of cases and delay the
need to seek authority from the state to establish additional courts.   


PURPOSE

 H.B. 3588 grants the Tarrant County Criminal Court Judges the authority
to appoint magistrates with the consent of the Commissioners Court, allows
criminal cases involving occupational drivers licenses to be referred
before the magistrate, and clarifies that a party may request a court
reporter to record proceedings before the magistrate only in a felony
case.  


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 Section 54.651(a), Government Code, to grant the Tarrant
County Criminal Court Judges the authority to appoint magistrates with the
consent of the commissioners court.  

 SECTION 2 amends Section 54.656(a), Government Code, to allow criminal
cases involving occupational drivers licenses to be referred before the
magistrate. 

 SECTION 3 amends Section 54.659, Government Code, to clarify that a party
may request a court reporter to record proceedings before the magistrate
only in a felony case. 

 SECTION 4.  Effective date.  Emergency clause.