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                                  * * * * *