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By: Geren (Senate Sponsor - Nelson) |
H.B. No. 4750 |
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(In the Senate - Received from the House May 18, 2009; |
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May 19, 2009, read first time and referred to Committee on |
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Jurisprudence; May 23, 2009, reported favorably by the following |
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vote: Yeas 5, Nays 0; May 23, 2009, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of magistrates in the White Settlement |
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municipal courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter DD, Chapter 30, Government Code, is |
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amended by adding Section 30.01137 to read as follows: |
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Sec. 30.01137. MAGISTRATES. (a) The governing body may |
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appoint one or more magistrates to act on behalf of a municipal |
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court of record or a municipal court in the city of White |
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Settlement. |
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(b) A magistrate is not required to possess all the |
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qualifications necessary to be a municipal court of record judge. |
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(c) A magistrate may not preside over the court or hear |
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contested cases. |
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(d) A magistrate may: |
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(1) conduct an arraignment; |
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(2) hold an indigency hearing; |
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(3) accept a plea; |
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(4) sign a judgment; |
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(5) set the amount of a bond; and |
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(6) perform other functions under Article 15.17, Code |
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of Criminal Procedure. |
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SECTION 2. 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, 2009. |
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* * * * * |