78R3103 YDB-D
By: Whitmire S.B. No. 922
A BILL TO BE ENTITLED
AN ACT
relating to the appointments and duties of Tarrant County criminal
magistrates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.651(b), Government Code, is amended
to read as follows:
(b) Each magistrate's appointment must be made with the
[unanimous] approval of at least two-thirds of all the judges
described in Subsection (a).
SECTION 2. Sections 54.656(b) and (c), Government Code, are
amended to read as follows:
(b) A magistrate may accept a plea of guilty [for a
misdemeanor] from a defendant charged with misdemeanor, felony, or
both misdemeanor and felony offenses.
(c) A magistrate may select a jury. A magistrate may not
preside over a trial on the merits, whether or not the trial is
before a jury.
SECTION 3. Section 54.658(a), Government Code, is amended
to read as follows:
(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 relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty [for a misdemeanor] from a
defendant charged with misdemeanor, felony, or both misdemeanor and
felony offenses; [and]
(14) select a jury; and
(15) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
SECTION 4. This Act takes effect September 1, 2003.