By Oakley                                             H.B. No. 3229

         75R9380 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of criminal law magistrates in Kaufman

 1-3     County.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 54, Government Code, is amended by adding

 1-6     Subchapter P to read as follows:

 1-7          SUBCHAPTER P.  CRIMINAL LAW MAGISTRATES IN KAUFMAN COUNTY

 1-8           Sec. 54.951.  APPOINTMENT.  The judge of the district court

 1-9     of Kaufman County, with the consent and approval of the

1-10     Commissioners Court of Kaufman County, shall appoint the number of

1-11     magistrates set by the commissioners court to perform the duties

1-12     authorized by this subchapter.

1-13           Sec. 54.952.  QUALIFICATIONS.  A magistrate must be a

1-14     resident of this state and Kaufman County.

1-15           Sec. 54.953.  COMPENSATION.  (a)  A magistrate is entitled to

1-16     the salary determined by the Commissioners Court of Kaufman County.

1-17           (b)  The magistrate's salary is paid from the county fund

1-18     available for payment of officers' salaries.

1-19           Sec. 54.954.  JUDICIAL IMMUNITY.  A magistrate has the same

1-20     immunity as a district judge.

1-21           Sec. 54.955.  TERMINATION OF SERVICES.  A magistrate serves

1-22     at the will of the district judge.

1-23           Sec. 54.956.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A judge

1-24     may refer to a magistrate any criminal case for proceedings

 2-1     involving:

 2-2                 (1)  a negotiated plea of guilty and sentencing;

 2-3                 (2)  a pretrial motion;

 2-4                 (3)  an examining trial;

 2-5                 (4)  a postconviction writ of habeas corpus;

 2-6                 (5)  a bond forfeiture suit;

 2-7                 (6)  issuance of search warrants;

 2-8                 (7)  setting of bonds;

 2-9                 (8)  arraignment of defendants; and

2-10                 (9)  any other matter the judge considers necessary and

2-11     proper.

2-12           (b)  A magistrate may not preside over a contested trial on

2-13     the merits, regardless of whether the trial is before a jury.

2-14           Sec. 54.957.  PAPERS TRANSMITTED TO JUDGE.  At the conclusion

2-15     of the proceedings, a magistrate shall transmit to the referring

2-16     court any papers relating to the case, including the magistrate's

2-17     findings, conclusions, orders, recommendations, or other action

2-18     taken.

2-19           Sec. 54.958.  JUDICIAL ACTION.  (a)  A referring court may

2-20     modify, correct, reject, reverse, or recommit for further

2-21     information any action taken by the magistrate.

2-22           (b)  If the court does not modify, correct, reject, reverse,

2-23     or recommit an action of the magistrate, the action becomes the

2-24     decree of the court.

2-25           (c)  At the conclusion of each term during which the services

2-26     of a magistrate are used, the referring court shall enter a decree

2-27     on the minutes adopting the actions of the magistrate of which the

 3-1     court approves.

 3-2           SECTION 2.  The importance of this legislation and the

 3-3     crowded condition of the calendars in both houses create an

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended,

 3-7     and that this Act take effect and be in force from and after its

 3-8     passage, and it is so enacted.