By Brown of Brazos H.B. No. 2534
77R4240 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment and duties of magistrates for certain
1-3 courts of Brazos County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Government Code, is amended by adding
1-6 Subchapter T to read as follows:
1-7 SUBCHAPTER T. MAGISTRATES IN BRAZOS COUNTY
1-8 Sec. 54.1041. APPOINTMENT. (a) The judges of the district
1-9 courts and county courts at law in Brazos County, with the consent
1-10 and approval of the Commissioners Court of Brazos County, may
1-11 jointly appoint one or more magistrates to perform the duties
1-12 authorized by this subchapter.
1-13 (b) The judges may authorize one or more magistrates to
1-14 share service with more than one court.
1-15 (c) If a magistrate serves more than one court, the
1-16 magistrate's appointment must be made with the unanimous approval
1-17 of all the judges under whom the magistrate serves.
1-18 Sec. 54.1042. QUALIFICATIONS. To be eligible for
1-19 appointment as a magistrate, a person must:
1-20 (1) have resided in Brazos County for at least two
1-21 years preceding the person's appointment; and
1-22 (2) have been licensed to practice law in this state
1-23 for at least four years.
1-24 Sec. 54.1043. COMPENSATION. (a) A magistrate is entitled
2-1 to the salary determined by the Commissioners Court of Brazos
2-2 County.
2-3 (b) A magistrate's total compensation from all government
2-4 sources may not exceed an amount equal to $1,000 less than the
2-5 total compensation from all government sources paid to a judge of a
2-6 county court at law in Brazos County.
2-7 (c) The magistrate's salary is paid from the county fund
2-8 available for payment of officers' salaries.
2-9 Sec. 54.1044. JUDICIAL IMMUNITY. A magistrate has the same
2-10 judicial immunity as a district judge.
2-11 Sec. 54.1045. TERMINATION OF EMPLOYMENT. (a) A magistrate
2-12 who serves a single court serves at the will of the judge of that
2-13 court.
2-14 (b) A magistrate who serves more than one court may be
2-15 terminated by a majority of the judges of those courts.
2-16 (c) To terminate a magistrate's employment, the appropriate
2-17 judges must sign a written order of termination. The order must
2-18 state:
2-19 (1) the magistrate's name and state bar identification
2-20 number;
2-21 (2) each court ordering termination; and
2-22 (3) the date the magistrate's employment ends.
2-23 Sec. 54.1046. PROCEEDINGS THAT MAY BE REFERRED. (a) A judge
2-24 of a court authorized by the Commissioners Court of Brazos County
2-25 to refer criminal cases may refer to a magistrate any criminal case
2-26 for proceedings involving:
2-27 (1) a bond forfeiture;
3-1 (2) a pretrial motion, including a motion to proceed
3-2 with adjudication;
3-3 (3) the arraignment of defendants;
3-4 (4) a determination of whether a defendant is indigent
3-5 and, if so, the appointment of counsel for the defendant;
3-6 (5) a negotiated plea of guilty before the court;
3-7 (6) a writ of habeas corpus;
3-8 (7) an examining trial;
3-9 (8) a motion to modify or revoke probation; and
3-10 (9) any other matter the judge considers necessary and
3-11 proper.
3-12 (b) A judge of a court designated a juvenile court may refer
3-13 to a magistrate any matter the court may refer to a referee under
3-14 Title 3, Family Code.
3-15 (c) A judge of a court having family law jurisdiction may
3-16 refer to a magistrate any matter that may be referred to a master
3-17 appointed under the Family Code or this chapter.
3-18 (d) A judge of a court authorized by the Commissioners Court
3-19 of Brazos County to refer mental health cases may refer to a
3-20 magistrate any matter that may be referred to a magistrate or
3-21 referee under Subtitle C, Title 7, Health and Safety Code.
3-22 (e) A judge of a court authorized by the Commissioners Court
3-23 of Brazos County to refer civil cases other than a case described
3-24 by Subsection (c) or (d) may refer to a magistrate a civil case for
3-25 proceedings involving:
3-26 (1) a pretrial motion;
3-27 (2) a default or agreed judgment;
4-1 (3) an alternative dispute resolution procedure;
4-2 (4) a post-judgment matter; and
4-3 (5) any other matter the judge considers necessary and
4-4 proper.
4-5 (f) A magistrate may not preside over a trial on the merits,
4-6 regardless of whether the trial is before a jury.
4-7 Sec. 54.1047. ORDER OF REFERRAL. (a) To refer one or more
4-8 cases to a magistrate, a judge must issue an order of referral
4-9 specifying the magistrate's duties.
4-10 (b) An order of referral may:
4-11 (1) limit the powers of the magistrate and direct the
4-12 magistrate to report only on specific issues, perform particular
4-13 actions, or receive and report on evidence only;
4-14 (2) set the time and place for the hearing;
4-15 (3) prescribe a closing date for the hearing;
4-16 (4) provide a date for filing the magistrate's
4-17 findings;
4-18 (5) designate proceedings for more than one case over
4-19 which the magistrate shall preside;
4-20 (6) direct the magistrate to call the court's docket;
4-21 and
4-22 (7) designate the general powers and limitations of
4-23 authority of the magistrate applicable to any case referred.
4-24 Sec. 54.1048. POWERS. (a) Except as limited by an order
4-25 of referral, a magistrate to whom a case is referred may:
4-26 (1) conduct hearings;
4-27 (2) hear evidence;
5-1 (3) compel production of evidence;
5-2 (4) rule on admissibility of evidence;
5-3 (5) issue notices of the setting of a case for a
5-4 hearing;
5-5 (6) issue summons for the appearance of witnesses;
5-6 (7) examine witnesses;
5-7 (8) swear witnesses for hearings;
5-8 (9) make findings of fact on evidence;
5-9 (10) formulate conclusions of law;
5-10 (11) rule on a pretrial motion;
5-11 (12) recommend the rulings, orders, or judgment to be
5-12 made in a case;
5-13 (13) regulate proceedings in a hearing; and
5-14 (14) perform any action necessary and proper for the
5-15 efficient performance of the duties required by the order of
5-16 referral.
5-17 (b) A magistrate may not enter a ruling on any issue of law
5-18 or fact if that ruling could result in dismissal or require
5-19 dismissal of a pending case, but the magistrate may make findings,
5-20 conclusions, and recommendations on those issues.
5-21 Sec. 54.1049. NOTICE OF HEARING. Before a magistrate holds
5-22 a hearing, each party shall be given notice of the time and place
5-23 of the hearing as provided by law.
5-24 Sec. 54.1050. WITNESSES. (a) A witness who appears before a
5-25 magistrate and is sworn is subject to the penalties for perjury as
5-26 provided by law.
5-27 (b) A referring court may issue attachment against and may
6-1 fine or imprison a witness whose failure to appear after being
6-2 summoned or whose refusal to answer questions has been certified to
6-3 the court.
6-4 Sec. 54.1051. RECORD OF EVIDENCE. (a) A court reporter is
6-5 not required during a hearing held by a magistrate.
6-6 (b) A party, the magistrate, or the referring court may
6-7 provide for a reporter during the hearing.
6-8 (c) The record of a hearing before a magistrate may be
6-9 preserved by any means approved by the referring court, including
6-10 by stenographic or electronic recording.
6-11 (d) The referring court or magistrate may impose on a party
6-12 the expense of preserving the record as a court cost.
6-13 Sec. 54.1052. REPORT AND PAPERS TRANSMITTED TO JUDGE. At
6-14 the conclusion of the proceedings, a magistrate shall send to the
6-15 referring court:
6-16 (1) the magistrate's signed and dated report,
6-17 including the magistrate's findings, conclusions, orders,
6-18 recommendations, or other action taken; and
6-19 (2) any papers relating to the case.
6-20 Sec. 54.1053. HEARING BEFORE JUDGE. (a) After receiving
6-21 notice of the magistrate's findings, any party, principal, or
6-22 minor, or the parent, guardian, or custodian of a minor, is
6-23 entitled to a hearing before the judge of the referring court.
6-24 (b) Notice of the right to a hearing before the judge may be
6-25 given at the hearing before the magistrate or otherwise as the
6-26 referring court directs.
6-27 (c) Except as provided by other law requiring a party to
7-1 file a request for a hearing sooner, a party must file a request
7-2 for hearing with the referring court not later than the fifth day
7-3 after the date the magistrate signs the report under Section
7-4 54.1052. The appeal to the referring court must specify the
7-5 findings and conclusions of the magistrate to which the party
7-6 objects. The appeal is limited to the findings and conclusions
7-7 specified in the appeal.
7-8 Sec. 54.1054. EFFECT OF MAGISTRATE'S REPORT PENDING APPEAL.
7-9 Pending appeal of the magistrate's report to the referring court,
7-10 the decisions and recommendations of the magistrate's report have
7-11 the force and effect of, and are enforceable as, an order of the
7-12 referring court, except as provided by other law for a particular
7-13 action by the magistrate.
7-14 Sec. 54.1055. JUDICIAL ACTION. (a) The referring court may
7-15 modify, correct, reject, reverse, or recommit for further
7-16 proceedings any action taken by the magistrate.
7-17 (b) If the referring court does not take any action, the
7-18 actions of the magistrate become the decree of the referring court
7-19 on adoption by that court.
7-20 Sec. 54.1056. COSTS OF MAGISTRATE. (a) The court shall
7-21 determine if the nonprevailing party is able to defray the costs of
7-22 the magistrate. If the court determines that the nonprevailing
7-23 party is able to pay those costs, the court shall impose the
7-24 magistrate's fees as costs against the nonprevailing party.
7-25 (b) The Commissioners Court of Brazos County shall set the
7-26 amount of the magistrate's fees that may be imposed as costs.
7-27 Unless a higher fee is authorized by law for a particular action
8-1 taken by the magistrate, the magistrate's fees in a case may not
8-2 exceed $50.
8-3 (c) The clerk of the referring court shall collect the
8-4 magistrate's fees and deposit the fees in the county treasury.
8-5 SECTION 2. This Act takes effect immediately if it receives
8-6 a vote of two-thirds of all the members elected to each house, as
8-7 provided by Section 39, Article III, Texas Constitution. If this
8-8 Act does not receive the vote necessary for immediate effect, this
8-9 Act takes effect September 1, 2001.