SRC-AXB S.B. 760 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 760
76R8202  JMC-DBy: Duncan
Jurisprudence
3/26/1999
As Filed


DIGEST 

Though experiencing an increasing number of juvenile matters, Lubbock
County does not have a juvenile referee.   In an effort to accomplish the
twin goals of increasing efficiency and addressing its juvenile matters,
Lubbock County seeks to create one position composed of two
responsibilities: juvenile referee and criminal magistrate.  However, the
Texas Constitution states that "no person shall hold or exercise at the
same time, more than one civil office of emolument...."  Only the
legislature is authorized to determine whether it is in the best interest
of Texas to have a person hold more than one position.  An official
attorney general opinion and two cases:  Aldine Independent School District
v. Stanley and State ex rel, Hill v. Pirtle further confuse the legitimacy
of hiring one person to more than one position.  This bill clarifies the
responsibilities of a Lubbock County magistrate to legitimize the hiring of
one person to two positions. 

PURPOSE

As proposed, S.B. 760 removes the authority of a magistrate to accept
certain guilty pleas, clarifies a magistrate's compensation, and deletes
the criminal law specification for magistrates in Lubbock County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54M, Government Code, as follows:

SUBCHAPTER M.  New heading:  MAGISTRATES IN LUBBOCK COUNTY

SECTION 2.  Amends Section 54.873, Government Code, to entitle a magistrate
to a salary in compliance with Subchapter B, Chapter 201, Family Code,
rather than Subchapter A. 

SECTION 3.  Amends Section 54.876, Government Code, to authorize a district
judge or a county court at law judge to refer certain cases to a
magistrate.  Authorizes a juvenile court judge to refer certain proceedings
to a magistrate.  Deletes the authority of a magistrate to accept a guilty
plea from a defendant charged with misdemeanor and felony offenses. 

SECTION 4.  Amends Section 54.878(a), Government Code, to authorize a
magistrate to accept a plea of true from a defendant or juvenile,
regardless of the alleged conduct or offense.  Makes conforming changes. 

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

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

SECTION 6.  Amends Chapter 54M, 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 statutory
duties necessary for the magistrate to perform the duties authorized by
this subchapter. 

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