1-1                                   AN ACT
 1-2     relating to the issuance of a protective custody order by a
 1-3     magistrate.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (e), Section 574.021, Health and
 1-6     Safety Code, is amended to read as follows:
 1-7           (e)  The judge of the court in which the application is
 1-8     pending may designate a magistrate to issue protective custody
 1-9     orders, including a magistrate appointed by the judge of another
1-10     court if the magistrate has at least the qualifications required
1-11     for a magistrate of the court in which the application is pending
1-12     [in the judge's absence].  A magistrate's duty under this section
1-13     is in addition to the magistrate's duties prescribed by other law.
1-14           SECTION 2.  This Act takes effect immediately if it receives
1-15     a vote of two-thirds of all the members elected to each house, as
1-16     provided by Section 39, Article III, Texas Constitution.  If this
1-17     Act does not receive the vote necessary for immediate effect, this
1-18     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1767 passed the Senate on
         April 11, 2001, by the following vote:  Yeas 29, Nays 0, one
         present not voting; and that the Senate concurred in House
         amendment on May 26, 2001, by the following vote:  Yeas 30, Nays 0,
         one present not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1767 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