H.B. No. 3541
relating to the powers and duties of magistrates in Brazos 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
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
Brazos County or 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
associate judges appointed by the judges of the statutory probate
courts under Subchapter G, Chapter 54, Government Code, the
justices of the peace, and the mayors and recorders and the judges
of the municipal courts of incorporated cities or towns.
SECTION 2. Section 54.1106, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (c-1)
to read as follows:
(a) A judge of a court authorized by the Commissioners Court
of Brazos County to refer criminal cases may refer to a magistrate
any criminal case for proceedings involving:
(1) a bond forfeiture;
(2) the arraignment of defendants;
(3) a determination of whether a defendant is indigent
and, if so, the appointment of counsel for the defendant; [
(4) a negotiated plea of guilty or no contest and
(5) a pretrial motion;
(6) an examining trial;
(7) an application for a writ of habeas corpus;
(8) issuance of an arrest warrant or a search warrant;
(9) setting of bonds;
(10) a motion to increase or decrease a bond;
(11) a motion to proceed with adjudication;
(12) a motion to modify or revoke community
(13) a drug court proceeding;
(14) an occupational driver's license; or
(15) any other matter the judge considers necessary
and proper [ before the court].
(b) A judge of a court having family law jurisdiction may
refer to a magistrate any matter that may be referred to an
associate judge under Subchapter A, Chapter 201, Family Code, or a
referee under Title 3, Family Code [ a master appointed under the
Family Code or this chapter].
(c-1) A judge of a court with jurisdiction over a delinquent
tax suit may refer to a magistrate any matter that may be referred
to a tax master under Subtitle E, Title 1, Tax Code.
(d) A magistrate may not preside over a trial on the merits
[ , regardless of whether the trial is] before a jury. With the
written consent of the parties and the approval of the referring
judge, a magistrate may preside over a bench trial on the merits.
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 3541 was passed by the House on May 9,
2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 3541 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate