By Madla                                              S.B. No. 1169
         77R3192 QS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a criminal law magistrate in Bexar
 1-3     County to rule on an issue of law or fact.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 54.908, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 54.908.  POWERS. [(a)] Except as limited by an order of
 1-8     referral, a magistrate to whom a case is referred may:
 1-9                 (1)  conduct hearings;
1-10                 (2)  hear evidence;
1-11                 (3)  compel production of relevant evidence;
1-12                 (4)  rule on admissibility of evidence;
1-13                 (5)  issue summons for the appearance of witnesses;
1-14                 (6)  examine witnesses;
1-15                 (7)  swear witnesses for hearings;
1-16                 (8)  make findings of fact on evidence;
1-17                 (9)  formulate conclusions of law;
1-18                 (10)  rule on a pretrial motion;
1-19                 (11)  recommend the rulings, orders, or judgment to be
1-20     made in a case;
1-21                 (12)  regulate proceedings in a hearing;
1-22                 (13)  accept a plea of guilty for a misdemeanor from a
1-23     defendant charged with both misdemeanor and felony offenses; and
1-24                 (14)  do any act and take any measure necessary and
 2-1     proper for the efficient performance of the duties required by the
 2-2     order of referral.
 2-3           [(b)  A magistrate may not enter a ruling on any issue of law
 2-4     or fact if that ruling could result in dismissal or require
 2-5     dismissal of a pending criminal prosecution, but the magistrate may
 2-6     make findings, conclusions, and recommendations on those issues.]
 2-7           SECTION 2. The change in law made by this Act applies only to
 2-8     a case referred to a magistrate on or after the effective date of
 2-9     this Act.  A case referred to a magistrate before the effective
2-10     date of this Act is covered by the law in effect when the case was
2-11     referred, and the former law is continued in effect for that
2-12     purpose.
2-13           SECTION 3. This Act takes effect September 1, 2001.