1-1           By:  Carona                                      S.B. No. 611

 1-2           (In the Senate - Filed February 14, 1997; February 19, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 4, 1997, reported favorably by the following vote:  Yeas 7,

 1-5     Nays 0; March 4, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to criminal law magistrates in Dallas County.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Subsection (a), Section 54.301, Government Code,

1-11     is amended to read as follows:

1-12           (a)  Each judge of a district court of Dallas County that

1-13     gives preference to criminal cases, [and] each judge of a criminal

1-14     district court of Dallas County, and each judge of a county

1-15     criminal court of Dallas County, with the consent and approval of

1-16     the Commissioners Court of Dallas County, may appoint a magistrate

1-17     to perform the duties authorized by this subchapter.

1-18           SECTION 2.  Subsection (a), Section 54.306, Government Code,

1-19     is amended to read as follows:

1-20           (a)  A judge may refer to a magistrate any matter arising out

1-21     of a criminal case [for proceedings] involving:

1-22                 (1)  a negotiated plea of guilty or nolo contendere

1-23     before the court;

1-24                 (2)  a bond forfeiture;

1-25                 (3)  a pretrial motion;

1-26                 (4)  a postconviction writ of habeas corpus;

1-27                 (5)  an examining trial; [and]

1-28                 (6)  an occupational driver's license; and

1-29                 (7)  any other matter the judge considers necessary and

1-30     proper.

1-31           SECTION 3.  Subsection (c), Section 54.308, Government Code,

1-32     is amended to read as follows:

1-33           (c)  Except as limited by an order of referral, a magistrate

1-34     who is appointed by a district court judge and to whom a case is

1-35     referred may accept a [guilty] plea of guilty or nolo contendere in

1-36     a misdemeanor case for a county criminal court.  The magistrate

1-37     shall forward any fee or fine collected for the misdemeanor offense

1-38     to the county clerk.

1-39           SECTION 4.  Section 54.309, Government Code, is amended to

1-40     read as follows:

1-41           Sec. 54.309.  COURT REPORTER.  At the request of a party in a

1-42     felony case, the court shall provide a court reporter to record the

1-43     proceedings before the magistrate.

1-44           SECTION 5.  The importance of this legislation and the

1-45     crowded condition of the calendars in both houses create an

1-46     emergency and an imperative public necessity that the

1-47     constitutional rule requiring bills to be read on three several

1-48     days in each house be suspended, and this rule is hereby suspended,

1-49     and that this Act take effect and be in force from and after its

1-50     passage, and it is so enacted.

1-51                                  * * * * *