By:  Zedler (Senate Sponsor - Brimer)                             H.B. No. 1394
	(In the Senate - Received from the House March 29, 2005; 
March 30, 2005, read first time and referred to Committee on 
Jurisprudence; May 13, 2005, reported favorably by the following 
vote:  Yeas 5, Nays 0; May 13, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the appointment of magistrates to serve the municipal 
court of record in Kennedale.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 30, Government Code, is 
amended by adding Section 30.001845 to read as follows:
	Sec. 30.001845.  MAGISTRATES.  (a)  The governing body may 
appoint one or more magistrates in addition to magistrates provided 
under Article 2.09, Code of Criminal Procedure.
	(b)  A magistrate does not have to possess all the 
qualifications necessary to be a municipal court of record judge.
	(c)  A magistrate may not preside over the court or hear 
contested cases.
	(d)  A magistrate may:                                                  
		(1)  conduct an arraignment;                                           
		(2)  hold an indigency hearing;                                        
		(3)  accept a plea;                                                    
		(4)  sign a judgment;                                                  
		(5)  set the amount of a bond;  and                                    
		(6)  perform other functions under Article 15.17, Code 
of Criminal Procedure.
	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, 2005.



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