By Truitt H.B. No. 3810
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to criminal law magistrates in Tarrant County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 54.651, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 54.651. Appointment. (a) The judges of the district
1-7 courts of Tarrant County that give preference to criminal cases,
1-8 the judges of the criminal district courts of Tarrant County, and
1-9 the judges of the county criminal courts of Tarrant County, with
1-10 the consent and approval of the Commissioners Court of Tarrant
1-11 County, shall jointly appoint the number of magistrates set by the
1-12 commissioners court to perform the duties authorized by this
1-13 subchapter.
1-14 (b) Each magistrate's appointment must be made with the
1-15 [unanimous] approval of two-thirds of all the judges described in
1-16 Subsection (a).
1-17 (c) If the number of magistrates is less than the number of
1-18 judges described in Subsection (a), each magistrate shall serve
1-19 equally in the courts of those judges.
1-20 SECTION 2. Section 54.656, Government Code, is amended to
1-21 read as follows:
2-1 Sec. 54.656. Proceeding that may be Referred. (a) A judge
2-2 may refer to a magistrate Class A or Class B misdemeanor or felony
2-3 [any criminal] case for proceedings involving:
2-4 (1) a negotiated plea of guilty before the court;
2-5 (2) a bond forfeiture;
2-6 (3) a pretrial motion;
2-7 (4) a postconviction writ of habeas corpus;
2-8 (5) an examining trial;
2-9 (6) an occupational driver's license; and
2-10 (7) any other matter the judge considers necessary and
2-11 proper.
2-12 (b) A magistrate may accept a plea of guilty for a Class A
2-13 or Class B misdemeanor offense or a felony offense from a defendant
2-14 [charged with both misdemeanor and felony offenses].
2-15 (c) A magistrate may not preside over a trial on the merits,
2-16 whether or not the trial is before a jury.
2-17 SECTION 3. Section 54.658, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 54.658. Powers. (a) Except as limited by an order of
2-20 referral, a magistrate to whom a case is referred may:
2-21 (1) conduct hearings;
2-22 (2) hear evidence;
2-23 (3) compel production of relevant evidence;
2-24 (4) rule on admissibility of evidence;
2-25 (5) issue summons for the appearance of witnesses;
3-1 (6) examine witnesses;
3-2 (7) swear witnesses for hearings;
3-3 (8) make findings of fact on evidence;
3-4 (9) formulate conclusions of law;
3-5 (10) rule on a pretrial motion;
3-6 (11) recommend the rulings, orders, or judgment to be
3-7 made in a case;
3-8 (12) regulate proceedings in a hearing;
3-9 (13) accept a plea of guilty for a Class A or Class B
3-10 misdemeanor offense or a felony offense from a defendant [charged
3-11 with both misdemeanor and felony offenses]; and
3-12 (14) do any act and take any measure necessary and
3-13 proper for the efficient performance of the duties required by the
3-14 order of referral.
3-15 (b) A magistrate may not enter a ruling on any issue of law
3-16 or fact if that ruling could result in dismissal or require
3-17 dismissal of a pending criminal prosecution, but the magistrate may
3-18 make findings, conclusions, and recommendations on those issues.
3-19 SECTION 4. This Act takes effect June 1, 1999.
3-20 SECTION 5. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force according to its
4-1 terms, and it is so enacted.