1-1 By: Carona S.B. No. 1767
1-2 (In the Senate - Filed March 19, 2001; March 20, 2001, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 22, 2001, rereferred to Committee on Health and Human
1-5 Services; April 4, 2001, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-7 April 4, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 1767 By: Carona
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the issuance of a protective custody order by a
1-12 magistrate.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (e), Section 574.021, Health and
1-15 Safety Code, is amended to read as follows:
1-16 (e) The judge of the court in which the application is
1-17 pending may designate a magistrate, as qualified under Section
1-18 54.302, Government Code, including a magistrate appointed by the
1-19 judge of another court, to issue protective custody orders [in the
1-20 judge's absence]. A magistrate's duty under this section is in
1-21 addition to the magistrate's duties prescribed by other law.
1-22 SECTION 2. This Act takes effect immediately if it receives
1-23 a vote of two-thirds of all the members elected to each house, as
1-24 provided by Section 39, Article III, Texas Constitution. If this
1-25 Act does not receive the vote necessary for immediate effect, this
1-26 Act takes effect September 1, 2001.
1-27 * * * * *