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A BILL TO BE ENTITLED
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AN ACT
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relating to additional criminal law magistrates in Bexar County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter N, Chapter 54, Government Code, is |
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amended by adding Section 54.900 to read as follows: |
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Sec. 54.900. APPLICABILITY OF SUBCHAPTER. The provisions |
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of this subchapter apply only to a criminal law magistrate in Bexar |
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County who is appointed under this subchapter. |
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SECTION 2. Chapter 54, Government Code, is amended by |
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adding Subchapter AA to read as follows: |
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SUBCHAPTER AA. ADDITIONAL CRIMINAL LAW MAGISTRATES IN BEXAR COUNTY |
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Sec. 54.1301. APPLICABILITY OF SUBCHAPTER. The provisions |
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of this subchapter apply only to a criminal law magistrate in Bexar |
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County who is appointed under this subchapter. |
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Sec. 54.1302. APPOINTMENT; PRESIDING MAGISTRATE. (a) The |
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judges of the district courts of Bexar County that give preference |
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to criminal cases and the judges of the county courts at law of |
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Bexar County that give preference to criminal cases, with the |
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consent and approval of the Commissioners Court of Bexar County, |
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may: |
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(1) appoint the number of magistrates set by the |
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commissioners court to perform the duties authorized by this |
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subchapter; and |
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(2) select one magistrate appointed under Subdivision |
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(1) to serve as the presiding magistrate to supervise the other |
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magistrates appointed under that subdivision. |
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(b) Each magistrate's appointment, as well as the selection |
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of the presiding magistrate, must be made with the approval of |
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two-thirds of the judges described by Subsection (a). |
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(c) The term of appointment of a magistrate under this |
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section may not exceed two years, subject to Section 54.1307. |
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(d) If the number of magistrates appointed under this |
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section is less than the number of the appointing judges, each judge |
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described by Subsection (a) shall have equal access to the services |
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of the magistrates appointed under this section. |
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Sec. 54.1303. QUALIFICATIONS. To be eligible for |
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appointment as a magistrate under this subchapter, a person must: |
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(1) be a resident of Bexar County; and |
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(2) have been licensed to practice law in this state |
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for at least four years. |
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Sec. 54.1304. COMPENSATION. (a) A magistrate appointed |
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under this subchapter is entitled to the salary determined by the |
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Commissioners Court of Bexar County. |
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(b) The magistrate's salary is paid from the county fund |
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available for payment of officers' salaries. |
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Sec. 54.1305. JUDICIAL IMMUNITY. A magistrate appointed |
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under this subchapter has the same judicial immunity as a district |
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judge. |
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Sec. 54.1306. CLERK. (a) The district clerk shall perform |
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the statutory duties described by Section 51.303 with respect to |
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all cases and matters referred to the magistrates appointed under |
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this subchapter from the district courts, county courts at law, |
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and, if authorized under Section 54.1309, municipal courts, subject |
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to Subsection (b). |
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(b) At the conclusion of a proceeding, the district clerk |
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shall transmit to the referring court any papers relating to the |
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case or matter referred to a magistrate appointed under this |
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subchapter, including the magistrate's findings, conclusions, |
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orders, recommendations, or other action taken, except when the |
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magistrate is performing the duties of a magistrate under the Code |
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of Criminal Procedure. |
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Sec. 54.1307. TERMINATION OF SERVICES. The services of a |
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magistrate appointed under this subchapter may be terminated by a |
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majority vote of the appointing judges. |
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Sec. 54.1308. PROCEEDINGS THAT MAY BE REFERRED. (a) Except |
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as provided by Subsection (b), a judge described by Section |
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54.1302(a) may refer to a magistrate appointed under this |
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subchapter any criminal cases or matters the judge considers |
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necessary and proper, including a criminal case for drug court |
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proceedings. |
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(b) A magistrate appointed under this subchapter may not |
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preside over a contested trial on the merits, regardless of whether |
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the trial is before a jury. |
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Sec. 54.1309. CERTAIN MUNICIPAL COURT PROCEEDINGS THAT MAY |
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BE REFERRED. (a) A municipality that has any portion of the |
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municipality's territory located within the boundaries of Bexar |
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County may: |
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(1) enter into an interlocal agreement with Bexar |
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County providing for the referral of cases from the municipal |
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courts of that municipality to a magistrate appointed under this |
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subchapter; and |
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(2) by ordinance, authorize one or more municipal |
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court judges to refer cases pending in the municipal courts to a |
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magistrate appointed under this subchapter. |
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(b) A municipal court judge who is authorized to refer a |
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case to a magistrate as provided by Subsection (a) may refer one or |
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more cases to a magistrate in the manner provided by Section |
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54.1310. The magistrate to whom the case is referred may exercise |
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any power conferred on the magistrate under Section 54.1311, except |
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as limited by the order of referral. |
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Sec. 54.1310. ORDER OF REFERRAL. (a) To refer one or more |
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criminal cases or matters to a magistrate appointed under this |
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subchapter, a judge must issue an order of referral specifying the |
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magistrate's duties. |
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(b) An order of referral may relate to a single case or to a |
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specified type of criminal cases or matters. |
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(c) An order of referral may: |
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(1) limit the powers of the magistrate and direct the |
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magistrate to report on specific issues, perform particular acts, |
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or receive and report on evidence only; |
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(2) set the time and place for the hearing; |
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(3) prescribe a closing date for the hearing; |
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(4) provide a date for filing the magistrate's |
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findings; |
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(5) designate proceedings for more than one case over |
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which the magistrate shall preside; |
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(6) direct the magistrate to call the court's docket; |
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and |
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(7) set forth general powers and limitations of |
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authority of the magistrate applicable to any cases or matters |
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referred. |
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(d) Any magistrate appointed under this subchapter may |
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carry out the duties specified in an order of referral issued under |
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this subchapter. |
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Sec. 54.1311. POWERS. (a) Except as limited by an order of |
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referral, a magistrate appointed under this subchapter may: |
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(1) perform the duties of a magistrate under the Code |
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of Criminal Procedure; |
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(2) conduct hearings; |
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(3) hear evidence; |
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(4) compel production of relevant evidence; |
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(5) rule on admissibility of evidence; |
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(6) issue summons for the appearance of witnesses; |
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(7) examine witnesses; |
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(8) swear witnesses for hearings; |
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(9) make findings of fact on evidence; |
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(10) formulate conclusions of law; |
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(11) rule on preliminary motions; |
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(12) recommend the rulings, orders, or judgment to be |
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made in a case; |
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(13) regulate proceedings in a hearing; |
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(14) set bonds; |
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(15) in any case referred under Section 54.1310, |
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accept an agreed plea of guilty or nolo contendere or an agreed plea |
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bargain recommendation; |
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(16) in any case referred under Section 54.1310 that |
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is not a felony case: |
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(A) accept an agreed recommendation for a |
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presentence investigation report in which a plea will be accepted |
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by the magistrate and the sentence will be determined by the judge |
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of the referring court; |
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(B) enter a finding of guilt, impose or suspend a |
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sentence under an agreed plea bargain recommendation, and establish |
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conditions of community supervision; or |
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(C) defer adjudication of guilt under an agreed |
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plea bargain recommendation and establish conditions of community |
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supervision; and |
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(17) perform any act and take any measure necessary |
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and proper for the efficient performance of the duties required by |
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the order of referral. |
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(b) Except when performing the duties of a magistrate under |
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the Code of Criminal Procedure, a magistrate appointed under this |
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subchapter may not enter a ruling on any issue of law or fact if that |
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ruling could result in dismissal or require dismissal of a pending |
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criminal prosecution, but the magistrate may make findings, |
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conclusions, and recommendations on those issues, subject to |
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Section 54.1314. |
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Sec. 54.1312. COURT REPORTER. The court shall provide a |
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court reporter to record the proceedings before a magistrate |
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appointed under this subchapter if: |
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(1) the appointment of a court reporter is required by |
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other law; or |
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(2) a party to a case involving an offense that is a |
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Class B misdemeanor or higher category of offense requests the |
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appointment of a court reporter, unless the magistrate appointed |
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under this subchapter is performing the duties of a magistrate |
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under the Code of Criminal Procedure. |
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Sec. 54.1313. WITNESS. (a) A witness who appears before a |
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magistrate appointed under this subchapter and is sworn is subject |
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to the penalties for perjury provided by law. |
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(b) A referring court may issue attachment against and may |
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fine or imprison a witness whose failure to appear after being |
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summoned or whose refusal to answer questions has been certified to |
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the court. |
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Sec. 54.1314. JUDICIAL ACTION. (a) Unless otherwise |
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prohibited by law and except when a magistrate appointed under this |
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subchapter is performing the duties of a magistrate under the Code |
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of Criminal Procedure, a referring court may modify, correct, |
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reject, reverse, or recommit for further information any action |
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taken by the magistrate. |
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(b) If the court does not modify, correct, reject, reverse, |
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or recommit an action of the magistrate, the action becomes the |
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decree of the court. |
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SECTION 3. Article 2.09, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
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officers is a magistrate within the meaning of this Code: The |
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justices of the Supreme Court, the judges of the Court of Criminal |
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Appeals, the justices of the Courts of Appeals, the judges of the |
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District Court, the magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, or Tarrant County |
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that give preference to criminal cases, the criminal law hearing |
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officers for Harris County appointed under Subchapter L, Chapter |
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54, Government Code, the criminal law hearing officers for Cameron |
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County appointed under Subchapter BB, Chapter 54, Government Code, |
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the magistrates appointed by the judges of the district courts of |
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Lubbock County, Nolan County, or Webb County, the magistrates |
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appointed by the judges of the criminal district courts of Dallas |
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County or Tarrant County, the masters appointed by the judges of the |
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district courts and the county courts at law that give preference to |
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criminal cases in Jefferson County, the magistrates appointed by |
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the judges of the district courts and the statutory county courts of |
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Brazos County or Williamson County, the magistrates appointed by |
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the judges of the district courts and statutory county courts that |
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give preference to criminal cases in Travis County or Bexar County, |
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the county judges, the judges of the county courts at law, judges of |
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the county criminal courts, the judges of statutory probate courts, |
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the associate judges appointed by the judges of the statutory |
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probate courts under Subchapter G, Chapter 54, Government Code, the |
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justices of the peace, and the mayors and recorders and the judges |
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of the municipal courts of incorporated cities or towns. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |