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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of magistrates in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Government Code, is amended by |
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adding Subchapter JJ to read as follows: |
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SUBCHAPTER JJ. MAGISTRATES IN CERTAIN COUNTIES |
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Sec. 54.1951. APPLICATION OF SUBCHAPTER. This subchapter |
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applies to a constitutional county court in a county that: |
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(1) has a population of more than 585,000; and |
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(2) is contiguous to a county with a population of at |
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least four million. |
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Sec. 54.1952. APPOINTMENT. (a) The county judge may |
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appoint one or more part-time or full-time magistrates to hear a |
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matter alleging a violation of Section 25.093 or 25.094, Education |
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Code, referred to the magistrate by a court having jurisdiction |
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over the matter. |
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(b) An appointment under Subsection (a) is subject to the |
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approval of the commissioners court. |
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(c) A magistrate serves at the pleasure of the county judge. |
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Sec. 54.1953. QUALIFICATIONS. A magistrate must: |
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(1) be a citizen of this state; |
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(2) have resided in the county for at least six months |
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before the date of the appointment; and |
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(3) have: |
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(A) served as a justice of the peace for at least |
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four years before the date of appointment; or |
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(B) been licensed to practice law in this state |
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for at least four years before the date of appointment. |
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Sec. 54.1954. COMPENSATION. A magistrate is entitled to |
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the compensation set by the commissioners court. The compensation |
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shall be paid from the general fund of the county. |
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Sec. 54.1955. POWERS. (a) Except as limited by an order of |
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the county judge, a magistrate appointed under this subchapter may: |
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(1) conduct hearings; |
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(2) hear evidence; |
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(3) issue summons for the appearance of witnesses; |
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(4) examine witnesses; |
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(5) swear witnesses for hearings; |
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(6) recommend rulings or orders or a judgment in a |
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case; |
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(7) regulate proceedings in a hearing; |
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(8) accept a plea of guilty or nolo contendere in a |
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case alleging a violation of Section 25.093 or 25.094, Education |
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Code, and assess a fine or court costs or order community service in |
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satisfaction of a fine or costs in accordance with Article 45.049, |
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Code of Criminal Procedure; |
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(9) enter an order suspending a sentence or deferring |
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a final disposition that includes at least one of the requirements |
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listed in Article 45.051, Code of Criminal Procedure; |
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(10) 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 referral order, including the entry of an order that includes at |
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least one of the requirements in Article 45.054, Code of Criminal |
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Procedure; and |
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(11) if the magistrate finds that a child as defined by |
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Article 45.058, Code of Criminal Procedure, has violated an order |
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under Article 45.054, Code of Criminal Procedure, proceed as |
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authorized by Article 45.050, Code of Criminal Procedure. |
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(b) With respect to an issue of law or fact the ruling on |
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which could result in the dismissal of a prosecution under Section |
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25.093 or 25.094, Education Code, a magistrate may not rule on the |
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issue but may make findings, conclusions, and recommendations on |
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the issue. |
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Sec. 54.1956. NOT GUILTY PLEA ENTERED. On entry of a not |
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guilty plea the magistrate shall refer the case back to the |
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referring court for all further pretrial proceedings and a full |
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trial on the merits before the court or a jury. |
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Sec. 54.1957. PAPERS TRANSMITTED TO JUDGE. (a) At the |
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conclusion of a hearing, the magistrate shall transmit to the judge |
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any papers relating to the case, including: |
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(1) the magistrate's findings and recommendations; |
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(2) a statement that notice of the findings and |
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recommendations and of the right to a hearing before the judge has |
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been given to all parties; and |
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(3) all other documents requested by the referring |
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judge. |
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(b) Unless the judge adopts, modifies, or rejects the |
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magistrate's findings or recommendations not later than the fifth |
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working day after the date the judge receives the findings or |
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recommendations, a magistrate's finding or recommendation is final |
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for appeal purposes. |
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(c) The judge shall send written notice of any modification |
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or rejection of the magistrate's findings or recommendations to |
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each party to the case and the attorney representing the state not |
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later than the fifth day after the date of the modification or |
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rejection. |
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SECTION 2. 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, Nueces County, or Williamson County, the magistrates |
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appointed by the judges of the district courts and statutory county |
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courts that give preference to criminal cases in Travis County, the |
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criminal magistrates appointed by the Brazoria County |
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Commissioners Court, the county judges, the judges of the county |
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courts at law, judges of the county criminal courts, the judges of |
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statutory probate courts, the associate judges appointed by the |
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judges of the statutory probate courts under Subchapter G, Chapter |
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54, Government Code, the associate judges appointed by the judge of |
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a district court under Subchapter II, Chapter 54, Government Code, |
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the magistrates appointed under Subchapter JJ, Chapter 54, |
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Government Code, the justices of the peace, and the mayors and |
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recorders and the judges of the municipal courts of incorporated |
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cities or towns. |
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SECTION 3. 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, 2011. |
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