79R7205 YDB-F
By: Hope H.B. No. 3481
A BILL TO BE ENTITLED
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. 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.