1-1 By: Uresti (Senate Sponsor - Madla) H.B. No. 3000
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of a criminal law magistrate in Bexar
1-9 County to rule on an issue of law or fact.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 54.908, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 54.908. POWERS. [(a)] Except as limited by an order of
1-14 referral, a magistrate to whom a case is referred may:
1-15 (1) conduct hearings;
1-16 (2) hear evidence;
1-17 (3) compel production of relevant evidence;
1-18 (4) rule on admissibility of evidence;
1-19 (5) issue summons for the appearance of witnesses;
1-20 (6) examine witnesses;
1-21 (7) swear witnesses for hearings;
1-22 (8) make findings of fact on evidence;
1-23 (9) formulate conclusions of law;
1-24 (10) rule on a pretrial motion;
1-25 (11) recommend the rulings, orders, or judgment to be
1-26 made in a case;
1-27 (12) regulate proceedings in a hearing;
1-28 (13) accept a plea of guilty for a misdemeanor from a
1-29 defendant charged with both misdemeanor and felony offenses; and
1-30 (14) do any act and take any measure necessary and
1-31 proper for the efficient performance of the duties required by the
1-32 order of referral.
1-33 [(b) A magistrate may not enter a ruling on any issue of law
1-34 or fact if that ruling could result in dismissal or require
1-35 dismissal of a pending criminal prosecution, but the magistrate may
1-36 make findings, conclusions, and recommendations on those issues.]
1-37 SECTION 2. The change in law made by this Act applies only to
1-38 a case referred to a magistrate on or after the effective date of
1-39 this Act. A case referred to a magistrate before the effective
1-40 date of this Act is covered by the law in effect when the case was
1-41 referred, and the former law is continued in effect for that
1-42 purpose.
1-43 SECTION 3. This Act takes effect September 1, 2001.
1-44 * * * * *