BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 407

81R3962 YDB-D                                                                                                            By: Shapiro

Jurisprudence

2/19/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, Dallas County is the only county that uses the truancy magistrate court that was made available by law in 2003.  Unfortunately, the original authorization for the use of truancy magistrates only allowed for the use of full-time magistrates. 

Dallas County currently employs four full-time magistrates, but in the case of an absence a temporary magistrate cannot be appointed which can potentially shut the court down.  This highlights the need to grant county judges the authority to appoint temporary or part-time magistrates. 

As proposed, S.B. 407 would grant county judges in certain counties the authority to appoint part-time magistrates as needed. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.1172(a), Government Code, to authorize the county judge to appoint one or more part-time, rather than full-time, magistrates to hear a matter alleging a violation of Section 25.093 (Parent Contributing to Nonattendance) or 25.094 (Failure to Attend School), Education Code.  

SECTION 2.  Effective date:  upon passage or September 1, 2009.