HBA-SEB S.B. 760 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 760
By: Duncan
Judicial Affairs
5/5/1999
Engrossed



BACKGROUND AND PURPOSE 

S.B. 760 amends a magistrate's compensation, modifies the authority of
juvenile court to refer cases to a magistrate, authorizes a magistrate to
accept a plea of true from a defendant or juvenile, and makes other
modifications with respect to a magistrate. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading of Subchapter M, Chapter 54, Government
Code, as follows: 

SUBCHAPTER M.  New title:  MAGISTRATES IN LUBBOCK COUNTY

SECTION 2.  Amends Section 54.873, Government Code, to prohibit a
magistrate's salary from being less than the salary authorized to be paid a
master for family law cases under Subchapter B, Chapter 201, Family Code
(Child Support Master), rather than Subchapter A (Family Law Master). 
 
SECTION 3.  Amends Section 54.876, Government Code, to authorize a district
judge or a county court at law judge, rather than a judge, to refer to a
magistrate any criminal case for proceedings in any matter the judge
considers necessary and proper.  Authorizes  a district judge or a county
court at law judge to refer to a magistrate any proceeding over which a
juvenile court has exclusive original jurisdiction, including any matter
ancillary to the proceeding.  Makes conforming and nonsubstantive changes.

SECTION 4.  Amends Section 54.878(a), Government Code, to authorize a
magistrate to whom a case is referred to accept a plea of true from a
defendant or juvenile, regardless of the alleged classification of the
offense charged or the conduct alleged, except as limited by the order of
referral. Makes conforming changes. 

SECTION 5.  Amends Section 54.884, Government Code, as follows:

Sec.  54.884.  New title:  MAGISTRATES.  Authorizes a judge to appoint
another magistrate, rather than criminal law magistrate, to serve for an
absent magistrate.  Makes conforming changes. 

SECTION 6.  Amends Subchapter M, Chapter 54, Government Code, by adding
Section 54.885, as follows: 

Sec. 54.885.  CLERK.  Requires a clerk of a district court or county court
at law that refers a proceeding to a magistrate to perform the statutory
duties necessary for the magistrate to perform the duties authorized by
this subchapter. 

SECTION 7.Emergency clause.
  Effective date: upon passage.