1-1 By: Oakley (Senate Sponsor - Cain) H.B. No. 3229 1-2 (In the Senate - Received from the House May 12, 1997; 1-3 May 13, 1997, read first time and referred to Committee on Criminal 1-4 Justice; May 18, 1997, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the appointment of criminal law magistrates in Kaufman 1-9 County. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 54, Government Code, is amended by adding 1-12 Subchapter P to read as follows: 1-13 SUBCHAPTER P. CRIMINAL LAW MAGISTRATES IN KAUFMAN COUNTY 1-14 Sec. 54.951. APPOINTMENT. The judge of the district court 1-15 of Kaufman County, with the consent and approval of the 1-16 Commissioners Court of Kaufman County, shall appoint the number of 1-17 magistrates set by the commissioners court to perform the duties 1-18 authorized by this subchapter. 1-19 Sec. 54.952. QUALIFICATIONS. A magistrate must be a 1-20 resident of this state and Kaufman County. 1-21 Sec. 54.953. COMPENSATION. (a) A magistrate is entitled to 1-22 the salary determined by the Commissioners Court of Kaufman County. 1-23 (b) The magistrate's salary is paid from the county fund 1-24 available for payment of officers' salaries. 1-25 Sec. 54.954. JUDICIAL IMMUNITY. A magistrate has the same 1-26 immunity as a district judge. 1-27 Sec. 54.955. TERMINATION OF SERVICES. A magistrate serves 1-28 at the will of the district judge. 1-29 Sec. 54.956. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge 1-30 may refer to a magistrate any criminal case for proceedings 1-31 involving: 1-32 (1) a negotiated plea of guilty and sentencing; 1-33 (2) a pretrial motion; 1-34 (3) an examining trial; 1-35 (4) a postconviction writ of habeas corpus; 1-36 (5) a bond forfeiture suit; 1-37 (6) issuance of search warrants; 1-38 (7) setting of bonds; 1-39 (8) arraignment of defendants; and 1-40 (9) any other matter the judge considers necessary and 1-41 proper. 1-42 (b) A magistrate may not preside over a contested trial on 1-43 the merits, regardless of whether the trial is before a jury. 1-44 Sec. 54.957. PAPERS TRANSMITTED TO JUDGE. At the conclusion 1-45 of the proceedings, a magistrate shall transmit to the referring 1-46 court any papers relating to the case, including the magistrate's 1-47 findings, conclusions, orders, recommendations, or other action 1-48 taken. 1-49 Sec. 54.958. JUDICIAL ACTION. (a) A referring court may 1-50 modify, correct, reject, reverse, or recommit for further 1-51 information any action taken by the magistrate. 1-52 (b) If the court does not modify, correct, reject, reverse, 1-53 or recommit an action of the magistrate, the action becomes the 1-54 decree of the court. 1-55 (c) At the conclusion of each term during which the services 1-56 of a magistrate are used, the referring court shall enter a decree 1-57 on the minutes adopting the actions of the magistrate of which the 1-58 court approves. 1-59 SECTION 2. The importance of this legislation and the 1-60 crowded condition of the calendars in both houses create an 1-61 emergency and an imperative public necessity that the 1-62 constitutional rule requiring bills to be read on three several 1-63 days in each house be suspended, and this rule is hereby suspended, 1-64 and that this Act take effect and be in force from and after its 2-1 passage, and it is so enacted. 2-2 * * * * *