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.

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