By:  Madla                                                        S.B. No. 1597
	(In the Senate - Filed March 11, 2005; March 22, 2005, read 
first time and referred to Committee on Jurisprudence; 
April 29, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 0; April 29, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1597                                   By:  Gallegos


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 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:  
	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.



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