By: Wentworth S.B. No. 629
(In the Senate - Filed February 21, 2003; February 27, 2003,
read first time and referred to Committee on Jurisprudence;
March 24, 2003, reported favorably by the following vote: Yeas 6,
Nays 0; March 24, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of magistrates in Comal County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter W to read as follows:
SUBCHAPTER W. MAGISTRATES IN COMAL COUNTY
Sec. 54.1151. AUTHORIZATION; APPOINTMENT; ELIMINATION.
(a) The Commissioners Court of Comal County may authorize the
judges of the district and statutory county courts in Comal County
to appoint one or more part-time or full-time magistrates to
perform the duties authorized by this subchapter.
(b) The judges of the district and statutory county courts
in Comal County by a unanimous vote may appoint magistrates as
authorized by the Commissioners Court of Comal County.
(c) An order appointing a magistrate must be signed by the
local presiding judge of the district courts serving Comal County,
and the order must state:
(1) the magistrate's name; and
(2) the date the magistrate's employment is to begin.
(d) An authorized magistrate's position may be eliminated
on a majority vote of the Commissioners Court of Comal County.
Sec. 54.1152. QUALIFICATIONS; OATH OF OFFICE. (a) To be
eligible for appointment as a magistrate, a person must:
(1) be a citizen of the United States;
(2) have resided in Comal County for at least the two
years preceding the person's appointment; and
(3) be at least 30 years of age.
(b) A magistrate appointed under Section 54.1151 must take
the constitutional oath of office required of appointed officers of
this state.
Sec. 54.1153. COMPENSATION. (a) A magistrate is entitled
to the salary determined by the Commissioners Court of Comal
County.
(b) A full-time magistrate's salary may not be less than
that of a justice of the peace of Comal County as established by the
annual budget of Comal County.
(c) A part-time magistrate's salary is equal to the per-hour
salary of a justice of the peace. The per-hour salary is determined
by dividing the annual salary by a 2000 work-hour year. The local
administrative judge of the district courts serving Comal County
shall approve the number of hours to be paid a part-time magistrate.
(d) The magistrate's salary is paid from the county fund
available for payment of officers' salaries.
Sec. 54.1154. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.1155. TERMINATION OF EMPLOYMENT. (a) A magistrate
may be terminated by a majority vote of all the judges of the
district and statutory county courts of Comal County.
(b) To terminate a magistrate's employment, the local
administrative judge of the district courts serving Comal County
must sign a written order of termination. The order must state:
(1) the magistrate's name; and
(2) the final date of the magistrate's employment.
Sec. 54.1156. JURISDICTION; RESPONSIBILITY; POWERS.
(a) The judges of the district or statutory county courts shall
establish standing orders to be followed by a magistrate or parties
appearing before a magistrate, as applicable.
(b) To the extent authorized by this subchapter and the
standing orders, a magistrate has jurisdiction to exercise the
authority granted by the judges of the district or statutory county
courts.
(c) A magistrate has all of the powers of a magistrate under
the laws of this state and may administer an oath for any purpose.
(d) A magistrate shall give preference to performing the
duties of a magistrate under Article 15.17, Code of Criminal
Procedure.
(e) A magistrate is authorized to:
(1) set, adjust, and revoke bonds before the filing of
an information or the return of an indictment;
(2) conduct examining trials;
(3) determine whether a defendant is indigent and
appoint counsel for an indigent defendant;
(4) issue search and arrest warrants;
(5) issue emergency protective orders;
(6) order emergency mental commitments; and
(7) conduct initial juvenile detention hearings if
approved by the Juvenile Board of Comal County.
(f) With the express authorization of a justice of the
peace, a magistrate may exercise concurrent criminal jurisdiction
with the justice of the peace to dispose as provided by law of cases
filed in the precinct of the authorizing justice of the peace,
except for a trial on the merits following a plea of not guilty.
(g) A magistrate may:
(1) issue notices of the setting of a case for a
hearing;
(2) conduct hearings;
(3) compel production of evidence;
(4) hear evidence;
(5) issue summons for the appearance of witnesses;
(6) swear witnesses for hearings;
(7) regulate proceedings in a hearing; and
(8) perform any act and take any measure necessary and
proper for the efficient performance of the duties required by the
magistrate's jurisdiction and authority.
Sec. 54.1157. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The
Commissioners Court of Comal County shall provide:
(1) personnel for the legal or clerical functions
necessary to perform the magistrate's duties authorized by this
chapter; and
(2) provide sufficient equipment and office space for
the magistrate and personnel to perform the magistrate's essential
functions.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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