HBA-JLV, AMW S.B. 1434 77(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 1434 By: Ogden Judicial Affairs 5/18/2001 Committee Report (Amended) BACKGROUND AND PURPOSE Under current law, the Commissioners Court of Brazos County is not authorized to fund criminal law magistrates. Senate Bill 1434 establishes funding for criminal law magistrates and sets forth provisions relating to the duties and appointment of 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. ANALYSIS Senate Bill 1434 amends the Government Code to authorize the judges of the district courts and county courts at law in Brazos County (judges), with the consent and approval of the Commissioners Court of Brazos County, to jointly appoint one or more magistrates. The bill authorizes the judges to authorize one or more magistrates to share service with more than one court and provides that, if a magistrate serves more than one court, the magistrate's appointment must be made with the unanimous approval of all the judges under whom the magistrate serves (Sec. 54.1041). The bill sets forth provisions regarding the qualifications of and compensation for a magistrate (Secs. 54.1042 and 54.1043). The bill also sets forth provisions regarding judicial immunity and termination of a magistrate's employment (Secs. 54.1044 and 54.1045). The bill sets forth provisions regarding proceedings that may be referred to a magistrate and procedures for an order of referral (Secs. 54.1046 and 54.1047). The bill prescribes the powers of a magistrate and sets forth provisions regarding notice of a hearing before a magistrate (hearing), witnesses who appear before a magistrate, and the record of evidence in a hearing (Secs. 54.1048-54.1051). The bill also sets forth provisions regarding the transmission by the magistrate of a report and related papers at the conclusion of the hearing, a hearing before the judge of the referring court after notice of the magistrate's findings, the effect of the magistrate's report pending appeal of the report, and judicial action on an action taken by the magistrate (Secs. 54.1052-54.1055). The bill requires a court to determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party is able to pay those costs, the bill requires the court to impose the magistrate's fees as costs against the nonprevailing party. The bill requires the Commissioners Court of Brazos County to set the amount of the magistrate's fees that may be imposed as costs and prohibits the magistrate's fees in a case from exceeding $50, unless a higher fee is authorized by law for a particular action taken by the magistrate. The bill requires the clerk of the referring court to collect the magistrate's fees and deposit the fees in the county treasury (Sec. 54.1056). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 removes provisions authorizing a judge of a court authorized by the commissioners court of Brazos County (court) to refer criminal cases to a magistrate for proceedings involving a pretrial motion, a writ of habeas corpus, an examining trial, a motion to modify or revoke probation, and any matter the judge considers necessary and proper. The amendment removes the provisions authorizing a juvenile court judge to refer to a magistrate any matter the court may refer to a referee under the juvenile justice code. The amendment removes provisions authorizing a judge of a court to refer to a magistrate a civil case for proceedings involving a pretrial motion, a default or agreed judgment, an alternative dispute resolution procedure, a postjudgment matter, and any other matter the judge considers necessary and proper (Sec. 54.1046). The amendment specifies the magistrate's duties that an order of referral is required, rather than authorized, to contain an order of referral (Sec. 54.1047). The amendment removes provisions authorizing the magistrate to make findings of fact on evidence, formulate conclusions of law, rule on a pretrial motion, recommend the rulings, orders, or judgment to be made in a case, regulate proceedings in a hearing, and perform any action necessary and proper for the efficient performance of the duties required by the order of referral. The amendment also removes provisions prohibiting the magistrate from entering a ruling on any issue of law or fact if that ruling could result in dismissal or require dismissal of a pending case, and authorizing the magistrate to make findings, conclusions, and recommendations on those issues (Sec. 54.1048).