78R8806 YDB-D
By: Brown of Brazos H.B. No. 2748
A BILL TO BE ENTITLED
AN ACT
relating to the magistrates in Brazos County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.1046, Government Code, is amended by
amending Subsection (a) and adding Subsections (e) and (f) to read
as follows:
(a) A judge of a court authorized by the Commissioners Court
of Brazos County to refer criminal cases may refer to a magistrate
any criminal case for proceedings involving:
(1) a bond forfeiture;
(2) the arraignment of defendants;
(3) a determination of whether a defendant is indigent
and, if so, the appointment of counsel for the defendant; [and]
(4) a negotiated plea of guilty before the court;
(5) a pretrial motion, including a motion to proceed
with adjudication;
(6) a writ of habeas corpus;
(7) an examining trial;
(8) a motion to modify or revoke probation; and
(9) any other matter the judge considers necessary and
proper.
(e) A judge of a court designated a juvenile court may refer
to a magistrate any matter the court may refer to a referee under
Title 3, Family Code.
(f) A judge of a court authorized by the Commissioners Court
of Brazos County to refer civil cases other than a case described by
Subsection (b) or (c) may refer to a magistrate a civil case for
proceedings involving:
(1) a pretrial motion;
(2) a default or agreed judgment;
(3) an alternative dispute resolution procedure;
(4) a postjudgment matter; and
(5) any other matter the judge considers necessary and
proper.
SECTION 2. Section 54.1047(b), Government Code, is amended
to read as follows:
(b) An order of referral may [shall]:
(1) limit the powers of the magistrate and direct the
magistrate to report only on specific issues, perform particular
actions, or receive and report on evidence only;
(2) set the time and place for the hearing;
(3) prescribe a closing date for the hearing;
(4) provide a date for filing the magistrate's
findings;
(5) designate proceedings for more than one case over
which the magistrate shall preside;
(6) direct the magistrate to call the court's docket;
and
(7) designate the general powers and limitations of
authority of the magistrate applicable to any case referred.
SECTION 3. Section 54.1048, Government Code, is amended to
read as follows:
Sec. 54.1048. POWERS. (a) Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of evidence;
(4) rule on admissibility of evidence;
(5) issue notices of the setting of a case for a
hearing;
(6) issue summons for the appearance of witnesses;
(7) examine witnesses; [and]
(8) swear witnesses for hearings;
(9) make findings of fact on evidence;
(10) formulate conclusions of law;
(11) rule on a pretrial motion;
(12) recommend the rulings, orders, or judgment to be
made in a case;
(13) regulate proceedings in a hearing; and
(14) perform any action necessary and proper for the
efficient performance of the duties required by the order of
referral.
(b) A magistrate may not enter a ruling on any issue of law
or fact if that ruling could result in dismissal or require
dismissal of a pending case, but the magistrate may make findings,
conclusions, and recommendations on those issues.
SECTION 4. Section 54.1052, Government Code, as added by
Chapter 954, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 54.1052. REPORT AND PAPERS TRANSMITTED TO JUDGE. At
the conclusion of the proceedings, a magistrate shall send to the
referring court:
(1) the magistrate's signed and dated report,
including the findings, conclusions, orders, recommendations, or
other action taken; and
(2) any papers relating to the case.
SECTION 5. Sections 54.1053(a) and (c), Government Code, as
added by Chapter 954, Acts of the 77th Legislature, Regular
Session, 2001, are amended to read as follows:
(a) After receiving notice of the magistrate's findings
[orders, recommendations, or other action taken], any party,
principal, or minor, or the parent, guardian, or custodian of a
minor, is entitled to a hearing before the judge of the referring
court.
(c) Except as provided by other law requiring a party to
file a request for a hearing sooner, a party must file a request for
hearing with the referring court not later than the fifth day after
the date the magistrate signs the report under Section 54.1052. The
appeal to the referring court must specify the findings and
conclusions of [orders of or recommendations or other actions taken
by] the magistrate to which the party objects. The appeal is
limited to the findings and conclusions [orders, recommendations,
or other actions taken which are] specified in the appeal.
SECTION 6. This Act takes effect September 1, 2003.