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  80R6280 YDB-D
 
  By: Anderson H.B. No. 3402
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of magistrates in McLennan County.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 54, Government Code, is amended by
adding Subchapter CC to read as follows:
SUBCHAPTER CC.  MAGISTRATES IN MCLENNAN COUNTY
       Sec. 54.1511.  APPOINTMENT.  The Commissioners Court of
McLennan County may appoint one or more magistrates to perform the
duties authorized by this subchapter.
       Sec. 54.1512.  QUALIFICATION.  To be eligible for
appointment as a magistrate, a person must be a resident of McLennan
County, Texas.
       Sec. 54.1513.  JUDICIAL IMMUNITY.  A magistrate has the same
judicial immunity as a district judge.
       Sec. 54.1514.  POWERS.  Subject to the standing orders of the
Commissioners Court of McLennan County, a magistrate has the same
powers as a magistrate under Chapters 16 and 17, Code of Criminal
Procedure, or under any other laws of this state with regard to
setting bail, issuing required warnings, or conducting examining
trials.  A magistrate may administer oaths for any purpose.
       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, 2007.