By: Madla S.B. No. 1597
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of county court magistrates in Bexar
County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.901, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d) and (e)
to read as follows:
(b) The judges of the county courts that give preference to
criminal cases, with the consent and approval of the Commissioners
Court of Bexar County, shall jointly appoint the number of county
court magistrates set by the commissioners court. The county court
magistrates have concurrent criminal jurisdiction with the judges
of the statutory county courts upon referral by originating
statutory county courts at law, justice of the peace courts, and
municipal courts of Bexar County. The county court magistrates may
only exercise such concurrent criminal jurisdiction with the judges
of the municipal courts of Bexar County subject to the terms of an
agreement approved by the Commissioners Court of Bexar County and
the City Council of the City of San Antonio. The county court
magistrates appointment is for a term of two years.
(c) Each magistrate's appointment must be made with the
approval of a majority of the respective judges described in
Subsection (a) or (b).
(d) [(c)] If the number of magistrates is less than the
number of the appointing judges, each magistrate shall serve
equally in the courts of those judges.
(e) The position of chief of county court magistrate
services is hereby created and shall be filled by appointment by the
Commissioners Court of Bexar County, the district courts giving
preference to criminal cases, and the county courts giving
preference to criminal cases. Once appointed the chief shall serve
a term of three years and until a successor is appointed and
qualified. The chief shall have all the power and authority given
to county court magistrates by Subsection (b) above and as
designated hereafter.
SECTION 2. Section 54.904, Government Code, is amended to
read as follows:
Sec. 54.904. JUDICIAL IMMUNITY. (a) A magistrate
appointed under Section 54.901(a) has the same judicial immunity as
a district judge.
(b) A magistrate appointed under Section 54.901(b) has the
same judicial immunity as a statutory county court judge.
SECTION 3. 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.