79R5405 YDB-D
By: Fraser S.B. No. 584
A BILL TO BE ENTITLED
AN ACT
relating to the appointment in Blanco, Burnet, Llano, and San Saba
Counties of associate judges in the district court and of criminal
law magistrates in the drug courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapters Z and AA to read as follows:
SUBCHAPTER Z. ASSOCIATE JUDGES IN BLANCO,
BURNET, LLANO, AND SAN SABA COUNTIES
Sec. 54.1251. APPLICATION OF SUBCHAPTER. This subchapter
applies to the judges of the district courts in Blanco, Burnet,
Llano, and San Saba Counties.
Sec. 54.1252. APPOINTMENT OF ASSOCIATE JUDGES. (a) The
local administrative district judge for Blanco, Burnet, Llano, and
San Saba Counties may appoint one or more part-time or full-time
associate judges for any civil matter.
(b) Subject to Subsection (d), the local administrative
district judge shall establish the salary, benefits, and other
compensation of each associate judge position and shall determine
whether the position is full-time or part-time.
(c) Subject to Subsection (d), an associate judge may
concurrently serve as a magistrate, referee, or master under
another statute unless that statute prohibits holding another
judicial position.
(d) The appointment of an associate judge is subject to the
approval of the commissioners court of any county that is
responsible for contributing from county funds any portion of the
associate judge's compensation.
(e) An associate judge serves at the pleasure of the local
administrative district judge for Blanco, Burnet, Llano, and San
Saba Counties.
Sec. 54.1253. QUALIFICATIONS. An associate judge must:
(1) be a citizen of this state;
(2) be at least 25 years of age; and
(3) have practiced law in this state for at least four
years preceding the date of appointment and maintain a license to
practice law in this state during the term of appointment.
Sec. 54.1254. COMPENSATION. (a) An associate judge who
receives compensation from county funds is entitled to the
compensation set by the commissioners court. The compensation
shall be paid from the general fund of the county.
(b) An associate judge whose compensation is not paid from
county funds is entitled to the compensation set by order of the
local administrative district judge for Blanco, Burnet, Llano, and
San Saba Counties.
Sec. 54.1255. JUDICIAL IMMUNITY. An associate judge has
the same judicial immunity as a district judge.
Sec. 54.1256. MATTERS THAT MAY BE REFERRED. A judge may
refer any civil case or portion of a civil case to an associate
judge for resolution.
Sec. 54.1257. TRIAL ON THE MERITS. An associate judge may
conduct a trial on the merits on the agreement of all parties and
the consent of the referring court.
Sec. 54.1258. METHODS OF REFERRAL. A case may be referred
to an associate judge by an order of referral in a specific case or
by an omnibus order.
Sec. 54.1259. POWERS. Except as limited by an order of
referral, the associate judge may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence, including
books, papers, vouchers, documents, and other writings;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) regulate proceedings in a hearing; and
(9) perform any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
Sec. 54.1260. RECORD OF EVIDENCE. (a) A court reporter may
be provided during a hearing held by an associate judge appointed
under this subchapter. A court reporter must be provided when the
associate judge presides over a jury trial.
(b) A party, the associate judge, or the referring court may
provide for a court reporter during a hearing held by an associate
judge appointed under this subchapter if one is not otherwise
provided.
(c) The record in a case before an associate judge appointed
under this subchapter may be preserved in the absence of a court
reporter by any other means approved by the associate judge. The
referring court or associate judge may assess the expense of
preserving the record as costs.
(d) On appeal of the associate judge's report or proposed
order, the referring court may consider testimony or other evidence
in the record if the record is taken by a court reporter.
Sec. 54.1261. NOTICE OF DECISION; APPEAL. (a) After
hearing a matter, an associate judge shall notify each attorney
participating in the hearing of the associate judge's decision. An
associate judge's decision has the same force and effect as an order
of the referring court unless a party appeals the decision as
provided by Subsection (b).
(b) To appeal an associate judge's decision, other than the
issuance of a temporary restraining order or temporary injunction,
a party must file an appeal in the referring court not later than
the third day after the date the party receives notice of the
decision under Subsection (a).
(c) A temporary restraining order issued by an associate
judge is effective immediately and expires on the 15th day after the
date of issuance unless, after a hearing, the order is modified or
extended by the associate judge or a district judge.
(d) A temporary injunction issued by an associate judge is
effective immediately and continues during the pendency of a trial
unless, after a hearing, the order is modified by a district judge.
(e) A matter appealed to the referring court shall be tried
de novo and shall be limited to only those matters specified in the
appeal. Except on leave of court, a party may not submit on appeal
any additional evidence or pleadings.
SUBCHAPTER AA. CRIMINAL LAW MAGISTRATES IN BLANCO, BURNET, LLANO,
AND SAN SABA COUNTIES
Sec. 54.1301. DEFINITION. In this subchapter, "drug court"
has the meaning assigned by Section 469.001, Health and Safety
Code.
Sec. 54.1302. APPOINTMENT. (a) The local administrative
district judge for Blanco, Burnet, Llano, and San Saba Counties may
appoint a magistrate to perform the duties associated with the
administration of a drug court.
(b) Subject to Subsection (d), the local administrative
district judge shall establish the salary, benefits, and other
compensation of each magistrate position and shall determine
whether the position is full-time or part-time.
(c) Subject to Subsection (d), a magistrate may
concurrently serve as an associate judge, referee, or master under
another statute unless that statute prohibits holding another
judicial position.
(d) The appointment of a magistrate is subject to the
approval of the commissioners court of any county that is
responsible for contributing from county funds any portion of the
magistrate's compensation.
(e) A magistrate serves at the pleasure of the local
administrative district judge for Blanco, Burnet, Llano, and San
Saba Counties.
Sec. 54.1303. QUALIFICATIONS. To be eligible for
appointment as a magistrate, a person must:
(1) be a resident of this state; and
(2) have been licensed to practice law in this state
for at least four years.
Sec. 54.1304. COMPENSATION. (a) A magistrate who receives
compensation from county funds is entitled to the compensation set
by the commissioners court. The compensation shall be paid from the
general fund of the county.
(b) A magistrate whose compensation is not paid from county
funds is entitled to the compensation set by order of the local
administrative district judge for Blanco, Burnet, Llano, and San
Saba Counties.
Sec. 54.1305. POWERS AND DUTIES. (a) Under the direction
of the local administrative district judge, the magistrate shall
provide the ongoing judicial interaction with drug court program
participants in accordance with Chapter 469, Health and Safety
Code.
(b) The magistrate may:
(1) issue arrest warrants;
(2) modify terms and conditions of probation;
(3) determine the eligibility of prospective
participants in the drug court program and admit or discharge
program participants;
(4) order confinement as a condition of probation
authorized by the Code of Criminal Procedure; and
(5) perform any act and take any measure assigned by
the local administrative district judge that is necessary and
proper for the efficient performance of the drug court.
Sec. 54.1306. JUDICIAL IMMUNITY. A magistrate has the same
judicial immunity as a district judge.
Sec. 54.1307. SHERIFF. On request of a magistrate, the
sheriff, in person or by deputy, shall assist the magistrate.
Sec. 54.1308. CLERK. The district clerk serves as the clerk
for a magistrate appointed under this subchapter.
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.