1-1 By: Duncan S.B. No. 760
1-2 (In the Senate - Filed March 1, 1999; March 2, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 31, 1999, reported favorably by the following vote: Yeas 3,
1-5 Nays 0; March 31, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to magistrates in Lubbock County.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. The heading of Subchapter M, Chapter 54,
1-11 Government Code, is amended to read as follows:
1-12 SUBCHAPTER M. [
CRIMINAL LAW] MAGISTRATES IN LUBBOCK COUNTY
1-13 SECTION 2. Section 54.873, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 54.873. COMPENSATION. (a) A magistrate is entitled to
1-16 the salary determined by the Commissioners Court of Lubbock County.
1-17 (b) The salary may not be less than the salary authorized to
1-18 be paid to a master for family law cases appointed under Subchapter
1-19 B, Chapter 201, Family Code [ Subchapter A].
1-20 (c) The magistrate's salary is paid from the county fund
1-21 available for payment of officers' salaries.
1-22 SECTION 3. Section 54.876, Government Code, is amended to
1-23 read as follows:
1-24 Sec. 54.876. PROCEEDING THAT MAY BE REFERRED. (a) A
1-25 district judge or a county court at law judge may refer to a
1-26 magistrate any criminal case for proceedings involving:
1-27 (1) a negotiated plea of guilty before the court;
1-28 (2) a bond forfeiture;
1-29 (3) a pretrial motion;
1-30 (4) a postconviction writ of habeas corpus;
1-31 (5) an examining trial; and
1-32 (6) any other matter the judge considers necessary and
1-34 (b) A magistrate may accept a plea of guilty for a
1-35 misdemeanor or [ from a defendant charged with both misdemeanor and]
1-36 felony [ offenses].
1-37 (c) A magistrate may not preside over a trial on the merits,
1-38 whether or not the trial is before a jury.
1-39 (d) A judge of a court designated a juvenile court may refer
1-40 to a magistrate any proceeding over which a juvenile court has
1-41 exclusive original jurisdiction under Title 3, Family Code,
1-42 including any matter ancillary to the proceeding.
1-43 SECTION 4. Subsection (a), Section 54.878, Government Code,
1-44 is amended to read as follows:
1-45 (a) Except as limited by an order of referral, a magistrate
1-46 to whom a case is referred may:
1-47 (1) conduct hearings;
1-48 (2) hear evidence;
1-49 (3) compel production of relevant evidence;
1-50 (4) rule on admissibility of evidence;
1-51 (5) issue summons for the appearance of witnesses;
1-52 (6) examine witnesses;
1-53 (7) swear witnesses for hearings;
1-54 (8) make findings of fact on evidence;
1-55 (9) formulate conclusions of law;
1-56 (10) rule on a pretrial motion;
1-57 (11) recommend the rulings, orders, or judgment to be
1-58 made in a case;
1-59 (12) regulate proceedings in a hearing;
1-60 (13) accept a plea of guilty for a misdemeanor or
1-61 [ from a defendant charged with both misdemeanor and] felony or a
1-62 plea of true from a defendant or juvenile, regardless of the
1-63 classification of the offense charged or the conduct alleged
1-64 [ offenses]; and
2-1 (14) do any act and take any measure necessary and
2-2 proper for the efficient performance of the duties required by the
2-3 order of referral.
2-4 SECTION 5. Section 54.884, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 54.884. [ CRIMINAL LAW] MAGISTRATES. (a) If a
2-7 [ criminal law] magistrate appointed under this subchapter is absent
2-8 or unable to serve, the judge referring the case may appoint
2-9 another [ criminal law] magistrate to serve for the absent
2-11 (b) A [ criminal law] magistrate serving for another
2-12 magistrate under this section has the powers and shall perform the
2-13 duties of the magistrate for whom he is serving.
2-14 SECTION 6. Subchapter M, Chapter 54, Government Code, is
2-15 amended by adding Section 54.885 to read as follows:
2-16 Sec. 54.885. CLERK. The clerk of a district court or county
2-17 court at law that refers a proceeding to a magistrate under this
2-18 subchapter shall perform the statutory duties necessary for the
2-19 magistrate to perform the duties authorized by this subchapter.
2-20 SECTION 7. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.
2-27 * * * * *