78R6340 SLO-F

By:  Barrientos                                                   S.B. No. 1794



A BILL TO BE ENTITLED

AN ACT

relating to the criminal law magistrates in Travis County.                    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.09, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 2.09.  WHO ARE MAGISTRATES.  Each of the following 
officers is a magistrate within the meaning of this Code:  The 
justices of the Supreme Court, the judges of the Court of Criminal 
Appeals, the justices of the Courts of Appeals, the judges of the 
District Court, the magistrates appointed by the judges of the 
district courts of Bexar County, Dallas County, or Tarrant County[, 
or Travis County] that give preference to criminal cases, the 
criminal law hearing officers for Harris County appointed under 
Subchapter L, Chapter 54, Government Code, the magistrates 
appointed by the judges of the district courts of Lubbock County or 
Webb County, the magistrates appointed by the judges of the 
criminal district courts of Dallas County or Tarrant County, the 
masters appointed by the judges of the district courts and the 
county courts at law that give preference to criminal cases in 
Jefferson County, the magistrates appointed by the judges of the 
district courts and the statutory county courts of Williamson 
County, the magistrates appointed by the judges of the district 
courts and statutory county courts that give preference to criminal 
cases in Travis County, the county judges, the judges of the county 
courts at law, judges of the county criminal courts, the judges of 
statutory probate courts, the masters appointed by the judges of 
the statutory probate courts under Subchapter G, Chapter 54, 
Government Code, the justices of the peace, the mayors and 
recorders and the judges of the municipal courts of incorporated 
cities or towns.
	SECTION 2.  Subchapter Q, Chapter 54, Government Code, is 
amended by adding Section 54.970 to read as follows:
	Sec. 54.970.  APPLICATION.  This subchapter applies to the 
district courts and the county courts at law that give preference to 
criminal cases in Travis County.
	SECTION 3.  Sections 54.971, 54.974, and 54.976, Government 
Code, are amended to read as follows:
	Sec. 54.971.  APPOINTMENT.  (a)  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[,] shall set [jointly appoint] the number of magistrates 
needed [set by the commissioners court] to perform the duties 
authorized by this subchapter.
	(b)  The judges of the district courts subject to this 
subchapter shall, with the consent and approval of the 
Commissioners Court of Travis County, jointly appoint the 
magistrates that will assist the district courts.  Each 
magistrate's appointment under this subsection must be made with 
the unanimous approval of the judges of the district courts subject 
to this subchapter [described in Subsection (a)].
	(c)  Except as provided by Subsection (e), if [If] the number 
of magistrates is less than the number of the appointing judges, 
each magistrate shall serve equally in the courts of those judges.
	(d)  The judges of the county courts at law subject to this 
subchapter shall, with the consent and approval of the 
Commissioners Court of Travis County, jointly appoint the 
magistrates that will assist the county courts at law.  Each 
magistrate's appointment under this subsection must be made with 
the unanimous approval of the judges of the county courts at law 
subject to this subchapter.
	(e)  In addition to the requirements of Subsection (b) or 
(d), a magistrate appointed to assist only one court must be 
approved by the judge of that court.
	Sec. 54.974.  JUDICIAL IMMUNITY.  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.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A judge 
may refer to a magistrate any criminal case for proceedings 
involving:
		(1)  a negotiated plea of guilty or no contest and 
sentencing;       
		(2)  a pretrial motion;                                                       
		(3)  an examining trial;                                                      
		(4)  a postconviction writ of habeas corpus;                                  
		(5)  a bond forfeiture suit;                                                  
		(6)  issuance of search warrants;                                             
		(7)  setting of bonds;                                                        
		(8)  arraignment of defendants; [and]                        
		(9)  a motion to increase or decrease a bond;                          
		(10)  a motion to revoke community supervision or to 
proceed to an adjudication;
		(11)  an issue of competency, with or without a jury; 
and            
		(12)  any other matter the judge considers necessary 
and proper.     
	(b)  A magistrate may not preside over a contested criminal
trial on the merits, regardless of whether the trial is before a 
jury.
	(c)  A judge may 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.  This Act takes effect September 1, 2003.