By: Duncan S.B. No. 760
A BILL TO BE ENTITLED
AN ACT
1-1 relating to magistrates in Lubbock County.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. The heading of Subchapter M, Chapter 54,
1-4 Government Code, is amended to read as follows:
1-5 SUBCHAPTER M. [CRIMINAL LAW] MAGISTRATES IN LUBBOCK COUNTY
1-6 SECTION 2. Section 54.873, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 54.873. COMPENSATION. (a) A magistrate is entitled to
1-9 the salary determined by the Commissioners Court of Lubbock County.
1-10 (b) The salary may not be less than the salary authorized to
1-11 be paid to a master for family law cases appointed under Subchapter
1-12 B, Chapter 201, Family Code [Subchapter A].
1-13 (c) The magistrate's salary is paid from the county fund
1-14 available for payment of officers' salaries.
1-15 SECTION 3. Section 54.876, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 54.876. PROCEEDING THAT MAY BE REFERRED. (a) A
1-18 district judge or a county court at law judge may refer to a
1-19 magistrate any criminal case for proceedings involving:
1-20 (1) a negotiated plea of guilty before the court;
1-21 (2) a bond forfeiture;
1-22 (3) a pretrial motion;
1-23 (4) a postconviction writ of habeas corpus;
1-24 (5) an examining trial; and
2-1 (6) any other matter the judge considers necessary and
2-2 proper.
2-3 (b) A magistrate may accept a plea of guilty for a
2-4 misdemeanor or [from a defendant charged with both misdemeanor and]
2-5 felony [offenses].
2-6 (c) A magistrate may not preside over a trial on the merits,
2-7 whether or not the trial is before a jury.
2-8 (d) A judge of a court designated a juvenile court may refer
2-9 to a magistrate any proceeding over which a juvenile court has
2-10 exclusive original jurisdiction under Title 3, Family Code,
2-11 including any matter ancillary to the proceeding.
2-12 SECTION 4. Subsection (a), Section 54.878, Government Code,
2-13 is amended to read as follows:
2-14 (a) Except as limited by an order of referral, a magistrate
2-15 to whom a case is referred may:
2-16 (1) conduct hearings;
2-17 (2) hear evidence;
2-18 (3) compel production of relevant evidence;
2-19 (4) rule on admissibility of evidence;
2-20 (5) issue summons for the appearance of witnesses;
2-21 (6) examine witnesses;
2-22 (7) swear witnesses for hearings;
2-23 (8) make findings of fact on evidence;
2-24 (9) formulate conclusions of law;
2-25 (10) rule on a pretrial motion;
2-26 (11) recommend the rulings, orders, or judgment to be
3-1 made in a case;
3-2 (12) regulate proceedings in a hearing;
3-3 (13) accept a plea of guilty for a misdemeanor or
3-4 [from a defendant charged with both misdemeanor and] felony or a
3-5 plea of true from a defendant or juvenile, regardless of the
3-6 classification of the offense charged or the conduct alleged
3-7 [offenses]; and
3-8 (14) do any act and take any measure necessary and
3-9 proper for the efficient performance of the duties required by the
3-10 order of referral.
3-11 SECTION 5. Section 54.884, Government Code, is amended to
3-12 read as follows:
3-13 Sec. 54.884. [CRIMINAL LAW] MAGISTRATES. (a) If a [criminal
3-14 law] magistrate appointed under this subchapter is absent or unable
3-15 to serve, the judge referring the case may appoint another
3-16 [criminal law] magistrate to serve for the absent magistrate.
3-17 (b) A [criminal law] magistrate serving for another
3-18 magistrate under this section has the powers and shall perform the
3-19 duties of the magistrate for whom he is serving.
3-20 SECTION 6. Subchapter M, Chapter 54, Government Code, is
3-21 amended by adding Section 54.885 to read as follows:
3-22 Sec. 54.885. CLERK. The clerk of a district court or county
3-23 court at law that refers a proceeding to a magistrate under this
3-24 subchapter shall perform the statutory duties necessary for the
3-25 magistrate to perform the duties authorized by this subchapter.
3-26 SECTION 7. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.