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
1-25 to the salary determined by the Commissioners Court of Brazos
2-1 County.
2-2 (b) A magistrate's total compensation from all government
2-3 sources may not exceed an amount equal to $1,000 less than the
2-4 total compensation from all government sources paid to a judge of a
2-5 county court at law in Brazos County.
2-6 (c) The magistrate's salary is paid from the county fund
2-7 available for payment of officers' salaries.
2-8 Sec. 54.1044. JUDICIAL IMMUNITY. A magistrate has the same
2-9 judicial immunity as a district judge.
2-10 Sec. 54.1045. TERMINATION OF EMPLOYMENT. (a) A magistrate
2-11 who serves a single court serves at the will of the judge of that
2-12 court.
2-13 (b) A magistrate who serves more than one court may be
2-14 terminated by a majority of the judges of those courts.
2-15 (c) To terminate a magistrate's employment, the appropriate
2-16 judges must sign a written order of termination. The order must
2-17 state:
2-18 (1) the magistrate's name and state bar identification
2-19 number;
2-20 (2) each court ordering termination; and
2-21 (3) the date the magistrate's employment ends.
2-22 Sec. 54.1046. PROCEEDINGS THAT MAY BE REFERRED. (a) A
2-23 judge of a court authorized by the Commissioners Court of Brazos
2-24 County to refer criminal cases may refer to a magistrate any
2-25 criminal case for proceedings involving:
2-26 (1) a bond forfeiture;
3-1 (2) the arraignment of defendants;
3-2 (3) a determination of whether a defendant is indigent
3-3 and, if so, the appointment of counsel for the defendant; and
3-4 (4) a negotiated plea of guilty before the court.
3-5 (b) A judge of a court having family law jurisdiction may
3-6 refer to a magistrate any matter that may be referred to a master
3-7 appointed under the Family Code or this chapter.
3-8 (c) A judge of a court authorized by the Commissioners Court
3-9 of Brazos County to refer mental health cases may refer to a
3-10 magistrate any matter that may be referred to a magistrate or
3-11 referee under Subtitle C, Title 7, Health and Safety Code.
3-12 (d) A magistrate may not preside over a trial on the merits,
3-13 regardless of whether the trial is before a jury.
3-14 Sec. 54.1047. ORDER OF REFERRAL. (a) To refer one or more
3-15 cases to a magistrate, a judge must issue an order of referral
3-16 specifying the magistrate's duties.
3-17 (b) An order of referral shall:
3-18 (1) limit the powers of the magistrate and direct the
3-19 magistrate to report only on specific issues, perform particular
3-20 actions, or receive and report on evidence only;
3-21 (2) set the time and place for the hearing;
3-22 (3) prescribe a closing date for the hearing;
3-23 (4) provide a date for filing the magistrate's
3-24 findings;
3-25 (5) designate proceedings for more than one case over
3-26 which the magistrate shall preside;
4-1 (6) direct the magistrate to call the court's docket;
4-2 and
4-3 (7) designate the general powers and limitations of
4-4 authority of the magistrate applicable to any case referred.
4-5 Sec. 54.1048. POWERS. Except as limited by an order of
4-6 referral, a magistrate to whom a case is referred may:
4-7 (1) conduct hearings;
4-8 (2) hear evidence;
4-9 (3) compel production of evidence;
4-10 (4) rule on admissibility of evidence;
4-11 (5) issue notices of the setting of a case for a
4-12 hearing;
4-13 (6) issue summons for the appearance of witnesses;
4-14 (7) examine witnesses; and
4-15 (8) swear witnesses for hearings.
4-16 Sec. 54.1049. NOTICE OF HEARING. Before a magistrate holds
4-17 a hearing, each party shall be given notice of the time and place
4-18 of the hearing as provided by law.
4-19 Sec. 54.1050. WITNESSES. (a) A witness who appears before
4-20 a magistrate and is sworn is subject to the penalties for perjury
4-21 as provided by law.
4-22 (b) A referring court may issue attachment against and may
4-23 fine or imprison a witness whose failure to appear after being
4-24 summoned or whose refusal to answer questions has been certified to
4-25 the court.
4-26 Sec. 54.1051. RECORD OF EVIDENCE. (a) A court reporter is
5-1 not required during a hearing held by a magistrate.
5-2 (b) A party, the magistrate, or the referring court may
5-3 provide for a reporter during the hearing.
5-4 (c) The record of a hearing before a magistrate may be
5-5 preserved by any means approved by the referring court, including
5-6 by stenographic or electronic recording.
5-7 (d) The referring court or magistrate may impose on a party
5-8 the expense of preserving the record as a court cost.
5-9 Sec. 54.1052. REPORT AND PAPERS TRANSMITTED TO JUDGE. At
5-10 the conclusion of the proceedings, a magistrate shall send to the
5-11 referring court:
5-12 (1) the magistrate's signed and dated report,
5-13 including the orders, recommendations, or other action taken; and
5-14 (2) any papers relating to the case.
5-15 Sec. 54.1053. HEARING BEFORE JUDGE. (a) After receiving
5-16 notice of the magistrate's orders, recommendations, or other action
5-17 taken, any party, principal, or minor, or the parent, guardian, or
5-18 custodian of a minor, is entitled to a hearing before the judge of
5-19 the referring court.
5-20 (b) Notice of the right to a hearing before the judge may be
5-21 given at the hearing before the magistrate or otherwise as the
5-22 referring court directs.
5-23 (c) Except as provided by other law requiring a party to
5-24 file a request for a hearing sooner, a party must file a request
5-25 for hearing with the referring court not later than the fifth day
5-26 after the date the magistrate signs the report under Section
6-1 54.1052. The appeal to the referring court must specify the orders
6-2 of or recommendations or other actions taken by the magistrate to
6-3 which the party objects. The appeal is limited to the orders,
6-4 recommendations, or other actions taken which are specified in the
6-5 appeal.
6-6 Sec. 54.1054. EFFECT OF MAGISTRATE'S REPORT PENDING APPEAL.
6-7 Pending appeal of the magistrate's report to the referring court,
6-8 the decisions and recommendations of the magistrate's report have
6-9 the force and effect of, and are enforceable as, an order of the
6-10 referring court, except as provided by other law for a particular
6-11 action by the magistrate.
6-12 Sec. 54.1055. JUDICIAL ACTION. (a) The referring court may
6-13 modify, correct, reject, reverse, or recommit for further
6-14 proceedings any action taken by the magistrate.
6-15 (b) If the referring court does not take any action, the
6-16 actions of the magistrate become the decree of the referring court
6-17 on adoption by that court.
6-18 Sec. 54.1056. COSTS OF MAGISTRATE. (a) The court shall
6-19 determine if the nonprevailing party is able to defray the costs of
6-20 the magistrate. If the court determines that the nonprevailing
6-21 party is able to pay those costs, the court shall impose the
6-22 magistrate's fees as costs against the nonprevailing party.
6-23 (b) The Commissioners Court of Brazos County shall set the
6-24 amount of the magistrate's fees that may be imposed as costs.
6-25 Unless a higher fee is authorized by law for a particular action
6-26 taken by the magistrate, the magistrate's fees in a case may not
7-1 exceed $50.
7-2 (c) The clerk of the referring court shall collect the
7-3 magistrate's fees and deposit the fees in the county treasury.
7-4 SECTION 2. This Act takes effect immediately if it receives
7-5 a vote of two-thirds of all the members elected to each house, as
7-6 provided by Section 39, Article III, Texas Constitution. If this
7-7 Act does not receive the vote necessary for immediate effect, this
7-8 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1434 passed the Senate on
May 3, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; and that the Senate concurred in House amendment on
May 25, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1434 passed the House, with
amendment, on May 23, 2001, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor