By: Averitt  S.B. No. 2025
         (In the Senate - Filed April 13, 2007; April 17, 2007, read
  first time and referred to Committee on Jurisprudence;
  April 27, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 4, Nays 0; April 27, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2025 By:  Wentworth
 
 
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 judges of the district
  courts in McLennan County that give preference to criminal cases
  and the judges of the county courts at law of McLennan County that
  give preference to criminal cases, with the consent and approval of
  the Commissioners Court of McLennan County, may appoint the number
  of magistrates determined by the commissioners court to perform the
  duties authorized by this subchapter.
         Sec. 54.1512.  QUALIFICATION.  To be eligible for
  appointment as a magistrate, a person must:
               (1)  be a resident of McLennan County, Texas; and
               (2)  have been licensed to practice law in this state or
  served as a judge or magistrate in this state for at least four
  years.
         Sec. 54.1513.  COMPENSATION.  A magistrate is entitled to
  the salary determined by the Commissioners Court of McLennan
  County.
         Sec. 54.1514.  JUDICIAL IMMUNITY.  A magistrate has the same
  judicial immunity as a district judge.
         Sec. 54.1515.  POWERS.  (a)  Subject to the standing orders
  of the appointing judges, a magistrate may:
               (1)  investigate applications for personal bonds;
               (2)  give statutory warnings;
               (3)  set bonds, including surety bonds; and
               (4)  issue personal bonds to qualified defendants.
         (b)  The county judge has the same powers as a magistrate
  appointed under this section.
         (c)  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.
 
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