By:  Madla                                                        S.B. No. 1597


A BILL TO BE ENTITLED

AN ACT

relating to the appointment of county court magistrates.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 54.901, Government Code, is amended by 
adding subsection (b), amending subsection (c), renumbering 
subsection (d) and adding subsection (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 Commissioners Court.  The County Court 
Magistrates have concurrent criminal jurisdiction with the judges 
of the statutory county courts, justice of the peace courts and 
municipal courts of Bexar County.  The County Court Magistrates 
appointment is for a term of 2 years.
	[(b)] (c)  Each magistrate's appointment must be made with 
the approval of a majority of the respective judges described in 
Subsection (a) or (b).
	[(c)] (d)  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.  Once appointed the Chief 
shall serve a term of 3 years and until a successor is appointed and 
qualified.  The Chief shall have all the power and authority given 
to County Court Magistrates in (b) above and as designated 
hereafter and shall be paid a salary equivalent to that of an 
elected County Court judge in Bexar County.
	SECTION 2.  Section 54.904, Government Code, is amended to 
read as follows:  
	A County Court Magistrate has the same judicial immunity as a 
[district] 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.