H.B. No. 3481




AN ACT

relating to the appointment of magistrates in the district courts 
and statutory county courts in Montgomery County.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 54, Government Code, is amended by 
adding Subchapter BB to read as follows:

SUBCHAPTER BB.  MAGISTRATES IN MONTGOMERY COUNTY
	Sec. 54.1351.  APPOINTMENT.  (a)  The judges of the district 
courts and statutory county courts in Montgomery County, with the 
consent and approval of the Commissioners Court of Montgomery 
County, may jointly appoint one or more magistrates to perform the 
duties authorized by this subchapter.
	(b)  Each magistrate's appointment must be made with the 
approval of a majority of the judges described in Subsection (a).
	(c)  A magistrate appointed under this subchapter may be 
terminated at any time in the same manner as appointed.
	Sec. 54.1352.  QUALIFICATIONS; OATH OF OFFICE.  (a)  To be 
eligible for appointment as a magistrate, a person must:
		(1)  be a resident of Montgomery County, Texas; and                    
		(2)  be licensed to practice law in this state for at 
least four years.
	(b)  A magistrate appointed under this subchapter must take 
the constitutional oath of office required of appointed officers of 
this state.
	Sec. 54.1353.  COMPENSATION.  (a)  A magistrate is entitled 
to the salary determined by the Commissioners Court of Montgomery 
County.
	(b)  The magistrate's salary is to be paid from the county 
fund available for the payment of officers' salaries.
	Sec. 54.1354.  JUDICIAL IMMUNITY.  A magistrate has the same 
judicial immunity as a district judge.
	Sec. 54.1355.  JURISDICTION; RESPONSIBILITY.  The judges of 
the district and statutory county courts of Montgomery County by 
majority vote shall adopt standing orders establishing the duties 
of a magistrate.
	Sec. 54.1356.  POWERS.  Subject to the standing orders of the 
judges of the district and statutory county courts of Montgomery 
County, the magistrate has all the powers of a magistrate under the 
laws of this state and may:
		(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 indigent defendants;
		(4)  issue search and arrest warrants;                                 
		(5)  issue emergency protective orders;                                
		(6)  order emergency mental commitments;                               
		(7)  conduct juvenile detention hearings if approved by 
the Juvenile Board of Montgomery County; and
		(8)  administer an oath for any purpose.                               
	SECTION 2.  This Act takes effect September 1, 2005.                           



______________________________                ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3481 was passed by the House on April 
22, 2005, by a non-record vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 3481 was passed by the Senate on May 
24, 2005, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor