79R3568 RMB-F

By:  Cook of Colorado                                             H.B. No. 3541



A BILL TO BE ENTITLED

AN ACT

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;  [and]
		(4)  a negotiated plea of guilty or no contest and 
sentencing;       
		(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 
supervision;            
		(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.