H.B. 2401 78(R)    BILL ANALYSIS


H.B. 2401
By: Stick
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current law provides that the district courts that give preference to
criminal cases in Travis County may appoint magistrates.  The rapid
increase in population and caseload in Travis County over the past few
years has led to a need for additional magistrates.  H.B. 2401 extends the
power to appoint magistrates in Travis County to statutory county courts
that give preference to criminal cases. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 2401 amends the Code of Criminal Procedure to provide that statutory
county courts that give preference to criminal cases in Travis County may
appoint magistrates.   

The bill also amends the Government Code to set forth procedures for the
appointment of these magistrates.  The bill also provides that a
magistrate appointed by the county court at law judges has the same
judicial immunity as a judge of a county court at law and sets forth a
list of proceedings that may be referred to a magistrate.   

The bill also  provides that a magistrate may not preside over a contested
criminal trial on the merits, and that a judge may refer to a magistrate
any proceeding involving an application for a protective order. 

EFFECTIVE DATE

September 1, 2003.