SRC-LBB S.B. 1794 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1794
78R6340 SLO-FBy: Barrientos
Criminal Justice
4/14/2003
As Filed


DIGEST AND PURPOSE 

Currently, Travis County has the authority to appoint magistrates to serve
the criminal district courts.  However, there is no authority for the
county to appoint a criminal magistrate to assist misdemeanor courts.  As
proposed, S.B. 1794 requires the judges of the district courts, with the
consent and approval of the Commissioners Court of Travis County, to
jointly appoint the magistrates that will assist the district courts and
requires the judges of the county courts at law, with the consent and
approval of the Commissioners Court of Travis County, to jointly appoint
the magistrates that will assist the county courts at law.  This bill also
increases the types of proceedings which a judge may refer to a
magistrate. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.09, Code of Criminal Procedure, to include
the magistrates appointed by the judges of the district courts and
statutory county courts that give preference to criminal cases in Travis
County, as officers that are magistrates within the meaning of this code.
Makes a conforming change. 

SECTION 2.  Amends Subchapter Q, Chapter 54, Government Code, by adding
Section 54.970, as follows: 

Sec.  54.970.  APPLICATION.  Provides that this subchapter applies to the
district courts and the county courts at law that give preference to
criminal cases in Travis County. 

SECTION 3.  Amends Sections 54.971, 54.974, and 54.976, Government Code,
as follows: 

Sec.  54.971.  (a)  Requires the Commissioners Court of Travis County to
set the number of magistrates needed to perform the duties authorized by
this subchapter.  Deletes text regarding the requirement  of the judges of
the district courts of Travis County that give preference to criminal
cases, with the consent and approval of the Commissioners Court of Travis
County to jointly appoint the number of magistrates set by the
commissioners court. 

(b)  Requires the judges of the district courts subject to this
subchapter, with the consent and approval of the Commissioners Court of
Travis County, to jointly appoint the magistrates that will assist the
district courts.  Requires each magistrate's appointment under this
subsection to be made with unanimous approval of the judges of the
district courts subject to this subchapter. 

  (c)  Provides an exception.

(d)  Requires the judges of the county courts at law subject to this
subchapter, with the consent and approval of the Commissioners Court of
Travis County, to jointly appoint the magistrates that will assist the
county courts at law.  Requires  each magistrate's appointment under this
subsection to be made with the unanimous approval of the judges of the
county courts at law subject to this subchapter. 

(e)  Requires a magistrate appointed to assist only one court to be
approved by the judge of that court, in addition to the requirements of
Subsection (b) or (d). 

Sec.  54.974.  Provides that a magistrate has the same judicial immunity
as a district judge or a judge of a county court at law, as applicable. 

Sec.  54.976.  (a)  Authorizes a judge to refer to a magistrate any
criminal case for certain proceedings. 

(b)  Prohibits a magistrate from presiding over a contested criminal trial
on the merits, regardless of whether the trial is before a jury. 

(c)  Authorizes a judge to refer to a magistrate any proceeding involving
an application for a protective order under Title 4, Family Code, or
Section 17.292, Code of Criminal Procedure. 

SECTION 4.  Effective date:  September 1, 2003.