77R12848 SMJ-D                          
         By Carona                                             S.B. No. 1767
         Substitute the following for S.B. No. 1767:
         By Gray                                           C.S.S.B. No. 1767
                                A BILL TO BE ENTITLED
 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. Section 574.021(e), Health and Safety Code, is
 1-6     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.