By: Lewis, Guillen, Pitts, Crownover H.B. No. 3153
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation and administration of, and practice in
  courts in, the judicial branch of state government; imposing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  DISTRICT COURTS AND DISTRICT ATTORNEYS
         SECTION 1.01.  (a)  Section 24.275, Government Code, is
  amended to read as follows:
         Sec. 24.275.  216TH JUDICIAL DISTRICT ([BANDERA,]
  GILLESPIE, KENDALL, AND KERR COUNTIES). [(a)] The 216th Judicial
  District is composed of [Bandera,] Gillespie, Kendall, and Kerr
  counties.
         [(b)  The terms of the 216th District Court begin:
               [(1)     in Bandera County on the first Mondays in
  February and September;
               [(2)     in Gillespie County on the second Mondays in
  April and November;
               [(3)     in Kendall County on the fourth Mondays in
  February and September; and
               [(4)     in Kerr County on the first Mondays in January and
  June.]
         (b)  Section 24.377, Government Code, is amended to read as
  follows:
         Sec. 24.377.  198TH JUDICIAL DISTRICT (BANDERA AND 
  [EDWARDS,] KERR [, KIMBLE, MCCULLOCH, MASON, AND MENARD] COUNTIES).
  (a) The 198th Judicial District is composed of Bandera and 
  [Edwards,] Kerr Counties[, Kimble, McCulloch, Mason, and Menard
  counties].
         (b)  The judge of the 198th District Court may select jury
  commissioners and impanel grand juries in each county. The judge of
  the 198th District Court may alternate the drawing of grand juries
  with the judge of any other district court in each county within the
  judge's [his] district and may order grand and petit juries to be
  drawn for any term of the judge's [his] court as in the judge's [his]
  judgment is necessary, by an order entered in the minutes of the
  court. Indictments within each county may be returned to either
  court within that county.
         (c)  In addition to the requirements under Article 59.06,
  Code of Criminal Procedure, the district attorney for the 198th
  Judicial District may use proceeds from the sale of forfeited
  property, after the deduction of amounts described by Article
  59.06(a), Code of Criminal Procedure, for the official purposes of
  the office of the district attorney only on the approval of:
               (1)  the commissioners court of each county in the
  judicial district; or
               (2)  a regional review committee composed of three
  members who are a county judge, a county attorney, a county
  commissioner or a county sheriff, each appointed by the member of
  the house of representatives of this state who represents the
  [largest number of] counties in the judicial district.
         (c)  Subchapter C, Chapter 24, Government Code, is amended by
  adding Section 24.596 to read as follows:
         Sec. 24.596.  452ND JUDICIAL DISTRICT (EDWARDS, KIMBLE,
  MCCULLOCH, MASON, AND MENARD COUNTIES). (a)  The 452nd Judicial
  District is composed of Edwards, Kimble, McCulloch, Mason, and
  Menard Counties.
         (b)  The judge of the 452nd District Court may select jury
  commissioners and impanel grand juries in each county. The judge of
  the 452nd District Court may order grand and petit juries to be
  drawn for any term of the judge's court as in the judge's judgment is
  necessary, by an order entered in the minutes of the court.
         (d)  Subchapter B, Chapter 43, Government Code, is amended by
  adding Section 43.184 to read as follows:
         Sec. 43.184.  452ND JUDICIAL DISTRICT.  The voters of the
  452nd Judicial District elect a district attorney who represents
  the state in all matters before that district court.
         (e)  Section 46.002, Government Code, is amended to read as
  follows:
         Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter
  applies to the state prosecuting attorney, all county prosecutors,
  and the following state prosecutors:
               (1)  the district attorneys for Kenedy and Kleberg
  Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd,
  25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th,
  39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd,
  64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th,
  97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
  123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th,
  216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th,
  271st, 286th, 329th, 344th, 349th, 355th, 452nd, and 506th judicial
  districts;
               (2)  the criminal district attorneys for the counties
  of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
  Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
  Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
  Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro,
  Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith,
  Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
  Waller, Wichita, Wood, and Yoakum; and
               (3)  the county attorneys performing the duties of
  district attorneys in the counties of Andrews, Callahan, Cameron,
  Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb,
  Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
  Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb,
  and Willacy.
         (f)  The local administrative district judge shall transfer
  to the 198th District Court all cases from Bandera County that are
  pending in the 216th District Court on the effective date of this
  Act.
         (g)  When a case is transferred as provided by Subsection (f)
  of this section:
               (1)  all processes, writs, bonds, recognizances, or
  other obligations issued from the 216th District Court are
  returnable to the 198th District Court as if originally issued by
  that court; and
               (2)  the obligees on all bonds and recognizances taken
  in and for the 216th District Court and all witnesses summoned to
  appear in the 216th District Court are required to appear before the
  198th District Court as if originally required to appear before
  that court.
         (h)  The local administrative district judge shall transfer
  to the 452nd District Court all cases from Edwards, Kimble,
  McCulloch, Mason, and Menard Counties that are pending in the 198th
  District Court on the effective date of this Act.
         (i)  When a case is transferred as provided by Subsection (h)
  of this section:
               (1)  all processes, writs, bonds, recognizances, or
  other obligations issued from the 198th District Court are
  returnable to the 452nd District Court as if originally issued by
  that court; and
               (2)  the obligees on all bonds and recognizances taken
  in and for the 198th District Court and all witnesses summoned to
  appear in the 198th District Court are required to appear before the
  452nd District Court as if originally required to appear before
  that court.
         (j)  The 452nd Judicial District is created on the effective
  date of this Act.
         SECTION 1.02.  (a)  Effective January 1, 2015, Subchapter C,
  Chapter 24, Government Code, is amended by adding Section 24.586 to
  read as follows:
         Sec. 24.586.  442ND JUDICIAL DISTRICT (DENTON COUNTY).  The
  442nd Judicial District is composed of Denton County.
         (b)  The 442nd Judicial District is created on January 1,
  2015.
         SECTION 1.03.  (a)  Effective September 1, 2014, Subchapter
  C, Chapter 24, Government Code, is amended by adding Section 24.587
  to read as follows:
         Sec. 24.587.  443RD JUDICIAL DISTRICT (ELLIS COUNTY). The
  443rd Judicial District is composed of Ellis County.
         (b)  The 443rd Judicial District is created on September 1,
  2014.
         SECTION 1.04.  (a)  Effective September 1, 2015, Subchapter
  C, Chapter 24, Government Code, is amended by adding Section 24.594
  to read as follows:
         Sec. 24.594.  450TH JUDICIAL DISTRICT (TRAVIS COUNTY). (a)
  The 450th Judicial District is composed of Travis County.
         (b)  The 450th District Court shall give preference to
  criminal matters.
         (b)  The 450th Judicial District is created on September 1,
  2015.
  ARTICLE 2.  STATUTORY COUNTY COURTS AND COURT COSTS AND FEES
         SECTION 2.01.  (a)  Subchapter C, Chapter 25, Government
  Code, is amended by adding Sections 25.0091 and 25.0092 to read as
  follows:
         Sec. 25.0091.  ATASCOSA COUNTY. Atascosa County has one
  statutory county court, the County Court at Law of Atascosa County.
         Sec. 25.0092.  ATASCOSA COUNTY COURT AT LAW PROVISIONS. (a)
  In addition to the jurisdiction provided by Section 25.0003 and
  other law, and except as limited by Subsection (b), a county court
  at law in Atascosa County has concurrent jurisdiction with the
  district court in:
               (1)  Class A and Class B misdemeanor cases;
               (2)  family law matters;
               (3)  juvenile matters;
               (4)  probate matters; and
               (5)  appeals from the justice and municipal courts.
         (b)  A county court at law does not have general supervisory
  control or appellate review of the commissioners court or
  jurisdiction of:
               (1)  suits on behalf of this state to recover penalties
  or escheated property;
               (2)  misdemeanors involving official misconduct; or
               (3)  contested elections.
         (c)  The judge of a county court at law must have the same
  qualifications as those required by law for a district judge.
         (d)  The judge of a county court at law shall be paid a total
  annual salary set by the commissioners court at an amount that is
  not less than $1,000 less than the total annual salary received by a
  district judge in the county. A district judge's or statutory
  county court judge's total annual salary does not include
  contributions and supplements paid by a county.
         (e)  The district clerk serves as clerk of a county court at
  law in matters of concurrent jurisdiction with the district court,
  except that the county clerk serves as clerk of the court in Class A
  and Class B misdemeanor cases and probate matters.  The county clerk
  shall serve as clerk of a county court at law in all other matters.  
  Each clerk shall establish a separate docket for a county court at
  law.
         (f)  The official court reporter of a county court at law is
  entitled to receive a salary set by the judge of the county court at
  law with the approval of the commissioners court.
         (g)  Jurors summoned for a county court at law or a district
  court in the county may by order of the judge of the court to which
  they are summoned be transferred to another court for service and
  may be used as if summoned for the court to which they are
  transferred.
         (b)  Notwithstanding Section 25.0091, Government Code, as
  added by this Act, the County Court at Law of Atascosa County is
  created January 1, 2014, or on an earlier date determined by the
  Commissioners Court of Atascosa County by an order entered in its
  minutes.
         SECTION 2.02.  (a)  Effective January 1, 2015, Section
  25.0331, Government Code, is amended by adding Subsection (c) to
  read as follows:
         (c)  Cameron County has one statutory probate court, the
  Probate Court No. 1 of Cameron County.
         (b)  Notwithstanding Section 25.0009, Government Code, the
  initial vacancy in the office of judge of the Probate Court No. 1 of
  Cameron County shall be filled by election. The office exists for
  purposes of the primary and general elections in 2014. A vacancy
  after the initial vacancy is filled as provided by Section 25.0009,
  Government Code.
         (c)  The Probate Court No. 1 of Cameron County is created on
  January 1, 2015.
         SECTION 2.03.  (a)  Effective January 1, 2015, Subchapter C,
  Chapter 25, Government Code, is amended by adding Sections 25.1271
  and 25.1272 to read as follows:
         Sec. 25.1271.  JIM WELLS COUNTY. Jim Wells County has one
  statutory county court, the County Court at Law of Jim Wells County.
         Sec. 25.1272.  JIM WELLS COUNTY COURT AT LAW PROVISIONS. (a)  
  In addition to the jurisdiction provided by Section 25.0003 and
  other law, a county court at law in Jim Wells County has the
  jurisdiction provided by this section.
         (b)  A county court at law in Jim Wells County has concurrent
  jurisdiction with the district court in:
               (1)  civil cases in which the matter in controversy
  exceeds $500 but does not exceed $200,000, excluding interest;
               (2)  family law cases and proceedings;
               (3)  Class A and Class B misdemeanors;
               (4)  juvenile cases; and
               (5)  appeals from justice and municipal courts.
         (c)  A county court at law does not have jurisdiction of:
               (1)  suits on behalf of this state to recover penalties
  or escheated property;
               (2)  felony cases;
               (3)  misdemeanors involving official misconduct; or
               (4)  contested elections.
         (d)  The judge of a county court at law must have the same
  qualifications as those required by law for a district judge.
         (e)  The judge of a county court at law shall be paid a total
  annual salary set by the commissioners court at an amount that is
  not less than $1,000 less than the total annual salary received by a
  district judge in the county. A district judge's or statutory
  county court judge's total annual salary does not include
  contributions and supplements paid by a county.
         (f)  The district clerk serves as clerk of a county court at
  law in matters of concurrent jurisdiction with the district court,
  except that the county clerk serves as clerk of the court in Class A
  and Class B misdemeanor cases.  The county clerk shall serve as
  clerk of a county court at law in all other matters.  Each clerk
  shall establish a separate docket for a county court at law.
         (g)  Jurors summoned for a county court at law or a district
  court in the county may by order of the judge of the court to which
  they are summoned be transferred to another court for service and
  may be used as if summoned for the court to which they are
  transferred.
         (h)  If a jury trial is requested in a case that is in a
  county court at law's jurisdiction, the jury shall be composed of
  six members unless the constitution requires a 12-member jury.
  Failure to object before a six-member jury is seated and sworn
  constitutes a waiver of a 12-member jury.
         (i)  A judge of a county court at law may provide that any
  criminal proceeding in the county court at law be recorded by a good
  quality electronic recording device instead of by a court reporter,
  unless the defendant requests that a court reporter be present on
  written motion filed with the court not later than 10 days before
  trial. If a recording device is used, the court reporter is not
  required to be present at the proceeding to certify the statement of
  facts.
         (b)  Notwithstanding Section 25.0009, Government Code, the
  initial vacancy in the office of judge of the County Court at Law of
  Jim Wells County shall be filled by election. The office exists for
  purposes of the primary and general elections in 2014. A vacancy
  after the initial vacancy is filled as provided by Section 25.0009,
  Government Code.
         (c)  The County Court at Law of Jim Wells County is created on
  January 1, 2015.
         SECTION 2.04.  (a)  Section 25.1412, Government Code, is
  amended by amending Subsections (a) and (f) and adding Subsections
  (l), (m), (n), (o), and (p) to read as follows:
         (a)  In addition to the jurisdiction provided by Section
  25.0003 and other law, a county court at law in Lamar County has:
               (1)  concurrent jurisdiction with the district court
  in:
                     (A)  probate matters and proceedings, including
  will contests;
                     (B)  family law cases and proceedings, including
  juvenile cases; [and]
                     (C)  felony cases to conduct arraignments and
  pretrial hearings and to accept guilty pleas; and
                     (D)  civil cases in which the amount in
  controversy does not exceed $200,000, excluding interest; and
               (2)  concurrent jurisdiction with the county and
  district courts over all suits arising under the Family Code.
         (f)  The district clerk serves as clerk of a county court at
  law in matters of concurrent jurisdiction with the district court,
  other than probate matters and proceedings. The [and the] county
  clerk serves as clerk of the court in all other matters. Each clerk
  shall establish a separate docket for a county court at law.
         (l)  The fees assessed in a case in which a county court at
  law has concurrent civil jurisdiction with the district court are
  the same as the fees that would be assessed in the district court
  for that case.
         (m)  In matters of concurrent jurisdiction, a judge of the
  county court at law and a judge of a district court may transfer
  cases between the courts in the same manner judges of district
  courts transfer cases under Section 24.003.
         (n)  The judge of a county court at law and a judge of a
  district court may exchange benches and may sit and act for each
  other in any matter pending before either court.
         (o)  The laws governing the drawing, selection, service, and
  pay of jurors for county courts apply to a county court at
  law.  Jurors regularly impaneled for a week by the district court
  may, on request of the judge of a county court at law, be made
  available and shall serve for the week in a county court at law.
         (p)  Except as otherwise provided by this subsection, a jury
  in a county court at law shall be composed of six members unless the
  constitution requires a 12-member jury.  Failure to object before a
  six-member jury is seated and sworn constitutes a waiver of a
  12-member jury.  In matters in which the constitution does not
  require a 12-member jury and the county court at law has concurrent
  jurisdiction with the district court, the jury may be composed of 12
  members if a party to the suit requests a 12-member jury and the
  judge of the court consents.  In a civil case tried in a county
  court at law, the parties may, by mutual agreement and with the
  consent of the judge, agree to try the case with any number of
  jurors and have a verdict rendered and returned by the vote of any
  number of those jurors that is less than the total number of jurors.
         (b)  Section 25.1412, Government Code, as amended by this
  Act, applies only to an action filed in the county court at law in
  Lamar County on or after the effective date of this Act. An action
  filed in the county court at law in Lamar County before the
  effective date of this Act is governed by the law in effect on the
  date the action was filed, and the former law is continued in effect
  for that purpose.
         SECTION 2.05.  Section 25.1772(a), Government Code, is
  amended to read as follows:
         (a)  In addition to the jurisdiction provided by Section
  25.0003 and other law, and except as limited by Subsection (b), a
  county court at law in Navarro County has concurrent jurisdiction
  with the district court in:
               (1)  felony cases to:
                     (A)  conduct arraignments;
                     (B)  conduct pretrial hearings;
                     (C)  accept guilty pleas; and
                     (D)  conduct jury trials on assignment of a
  district judge presiding in Navarro County and acceptance of the
  assignment by the judge of the county court at law;
               (2)  Class A and Class B misdemeanor cases;
               (3)  family law matters;
               (4)  juvenile matters;
               (5)  probate matters; [and]
               (6)  disputes ancillary to probate, eminent domain,
  condemnation, or landlord and tenant matters relating to the
  adjudication and determination of land titles and trusts, whether
  testamentary, inter vivos, constructive, resulting, or any other
  class or type of trust, regardless of the amount in controversy or
  the remedy sought; and
               (7)  appeals from the justice and municipal courts.
         SECTION 2.06.  (a)  Effective September 1, 2015, Section
  25.2291(a), Government Code, is amended to read as follows:
         (a)  Travis County has the following statutory county
  courts:
               (1)  County Court at Law No. 1 of Travis County, Texas;
               (2)  County Court at Law No. 2 of Travis County, Texas;
               (3)  County Court at Law No. 3 of Travis County, Texas;
               (4)  County Court at Law Number 4 of Travis County;
               (5)  County Court at Law Number 5 of Travis County;
               (6)  The County Court at Law Number 6 of Travis County;
               (7)  The County Court at Law Number 7 of Travis County;
  [and]
               (8)  The County Court at Law Number 8 of Travis County;
  and
               (9)  The County Court at Law Number 9 of Travis County.
         (b)  Effective September 1, 2015, Section 25.2292,
  Government Code, is amended by adding Subsection (b) to read as
  follows:
         (b)  The County Court at Law Number 9 of Travis County shall
  give preference to criminal cases.
         (c)  The County Court at Law Number 9 of Travis County is
  created September 1, 2015.
         SECTION 2.07
  .  (a)  Chapter 25, Government Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F. MULTICOUNTY STATUTORY COUNTY COURTS IN PARTICULAR
  COUNTIES
         Sec. 25.2701.  1ST MULTICOUNTY COURT AT LAW (FISHER,
  MITCHELL, AND NOLAN COUNTIES). Fisher, Mitchell, and Nolan
  Counties have a multicounty statutory county court composed of
  those counties, the 1st Multicounty Court at Law.
         Sec. 25.2702.  1ST MULTICOUNTY COURT AT LAW PROVISIONS. (a)  
  In addition to the jurisdiction provided by Section 25.0003 and
  other law, the 1st Multicounty Court at Law has concurrent
  jurisdiction with the district court in family law cases and
  proceedings.
         (b)  The county court at law has concurrent jurisdiction with
  the justice court in criminal matters prescribed by law for justice
  courts. This section does not affect the right of appeal to a
  county court at law from a justice court where the right of appeal
  to the county court exists by law.
         (c)  The judge may not engage in the private practice of law.
         (d)  An official court reporter of the county court at law is
  entitled to receive a salary set by the commissioners courts in the
  counties the reporter serves to be paid out of the county
  treasuries, either by salary or by contract as set by the
  commissioners courts.  The clerk of the court shall tax as costs, in
  each civil, criminal, and probate case in which a record of any part
  of the evidence in the case is made by the reporter, a
  stenographer's fee of $25. The fee shall be paid in the same manner
  as other costs in the case. The clerk collects the fee and pays it
  into the general funds of the counties.
         (e)  The district clerk serves as clerk of the county court
  at law in matters of concurrent jurisdiction with the district
  court, and the county clerk serves as clerk of the county court at
  law in all other cases.
         (f)  Sections 25.0006, 25.0008, and 74.054(b) do not apply to
  the county court at law.
         (g)  From amounts deposited in the judicial fund under
  Section 51.702, the state shall annually compensate Fisher,
  Mitchell, and Nolan Counties each in the amount required under
  Section 25.0015.
         (h)  Notwithstanding Section 74.121(b)(1), in matters of
  concurrent jurisdiction, the judge of the 1st Multicounty Court at
  Law and the judges of the district courts in Fisher, Mitchell, and
  Nolan Counties may exchange benches and courtrooms and may transfer
  cases between their dockets in the same manner that judges of
  district courts exchange benches and transfer cases under Section
  24.003.
         (b)  Subchapter E, Chapter 101, Government Code, is amended
  by adding Section 101.08117 to read as follows:
         Sec. 101.08117.  ADDITIONAL STATUTORY COUNTY COURT FEES:
  GOVERNMENT CODE. The clerk of the 1st Multicounty Court at Law
  shall collect a stenographer's fee of $25 under Section 25.2702,
  Government Code, in each civil or probate case in which a record of
  any part of the evidence is made by the official court reporter of
  the court.
         (c)  Subchapter D, Chapter 102, Government Code, is amended
  by adding Section 102.0619 to read as follows:
         Sec. 102.0619.  ADDITIONAL COURT COSTS ON CONVICTION IN
  CERTAIN STATUTORY COUNTY COURTS: GOVERNMENT CODE. The clerk of the
  1st Multicounty Court at Law shall collect a stenographer's fee of
  $25 under Section 25.2702, Government Code, in each criminal case
  in which a record of any part of the evidence is made by the official
  court reporter of the court.
         (d)  The 1st Multicounty Court at Law is created September 1,
  2013.
         (e)  Sections 25.1791 and 25.1792, Government Code, are
  repealed and the County Court at Law of Nolan County is abolished
  September 1, 2013.
         (f)  On the date the County Court at Law of Nolan County is
  abolished, all cases pending in the court are transferred to the 1st
  Multicounty Court at Law. When a case is transferred from one court
  to another as provided by this section, all processes, writs,
  bonds, recognizances, or other obligations issued from the
  transferring court are returnable to the court to which the case is
  transferred as if originally issued by that court. The obligees in
  all bonds and recognizances taken in and for a court from which a
  case is transferred and all witnesses summoned to appear in a court
  from which a case is transferred are required to appear before the
  court to which a case is transferred as if originally required to
  appear before the court to which the transfer is made.
  ARTICLE 3.  MAGISTRATES
         SECTION 3.01.  Chapter 54, Government Code, is amended by
  adding Subchapter KK to read as follows:
  SUBCHAPTER KK. MAGISTRATES IN GUADALUPE COUNTY
         Sec. 54.2001.  AUTHORIZATION; APPOINTMENT; ELIMINATION.  
  (a)  The Commissioners Court of Guadalupe County may authorize the
  judges of the district and statutory county courts in Guadalupe
  County to appoint one or more part-time or full-time magistrates to
  perform the duties authorized by this subchapter.
         (b)  The judges of the district and statutory county courts
  in Guadalupe County by a unanimous vote may appoint magistrates as
  authorized by the Commissioners Court of Guadalupe County.
         (c)  An order appointing a magistrate must be signed by the
  local presiding judge of the district courts serving Guadalupe
  County, and the order must state:
               (1)  the magistrate's name; and
               (2)  the date the magistrate's employment is to begin.
         (d)  An authorized magistrate's position may be eliminated
  on a majority vote of the Commissioners Court of Guadalupe County.
         Sec. 54.2002.  QUALIFICATIONS; OATH OF OFFICE.  (a)  To be
  eligible for appointment as a magistrate, a person must:
               (1)  be a citizen of the United States;
               (2)  have resided in Guadalupe County for at least the
  two years preceding the person's appointment; and
               (3)  be at least 30 years of age.
         (b)  A magistrate appointed under Section 54.2001 must take
  the constitutional oath of office required of appointed officers of
  this state.
         Sec. 54.2003.  COMPENSATION.  (a)  A magistrate is entitled
  to the salary determined by the Commissioners Court of Guadalupe
  County.
         (b)  A full-time magistrate's salary may not be less than
  that of a justice of the peace of Guadalupe County as established by
  the annual budget of Guadalupe County.
         (c)  A part-time magistrate's salary is equal to the per-hour
  salary of a justice of the peace.  The per-hour salary is determined
  by dividing the annual salary by a 2,000 work-hour year.  The local
  administrative judge of the district courts serving Guadalupe
  County shall approve the number of hours for which a part-time
  magistrate is to be paid.
         (d)  The magistrate's salary is paid from the county fund
  available for payment of officers' salaries.
         Sec. 54.2004.  JUDICIAL IMMUNITY.  A magistrate has the same
  judicial immunity as a district judge.
         Sec. 54.2005.  TERMINATION OF EMPLOYMENT.  (a)  A magistrate
  may be terminated by a majority vote of all the judges of the
  district and statutory county courts of Guadalupe County.
         (b)  To terminate a magistrate's employment, the local
  administrative judge of the district courts serving Guadalupe
  County must sign a written order of termination. The order must
  state:
               (1)  the magistrate's name; and
               (2)  the final date of the magistrate's employment.
         Sec. 54.2006.  JURISDICTION; RESPONSIBILITY; POWERS.  (a)  
  The judges of the district or statutory county courts shall
  establish standing orders to be followed by a magistrate or parties
  appearing before a magistrate, as applicable.
         (b)  To the extent authorized by this subchapter and the
  standing orders, a magistrate has jurisdiction to exercise the
  authority granted by the judges of the district or statutory county
  courts.
         (c)  A magistrate has all of the powers of a magistrate under
  the laws of this state and may administer an oath for any purpose.
         (d)  A magistrate shall give preference to performing the
  duties of a magistrate under Article 15.17, Code of Criminal
  Procedure.
         (e)  A magistrate is authorized to:
               (1)  set, adjust, and revoke bonds before the filing of
  an information or the return of an indictment;
               (2)  conduct examining trials;
               (3)  determine whether a defendant is indigent and
  appoint counsel for an indigent defendant;
               (4)  issue search and arrest warrants;
               (5)  issue emergency protective orders;
               (6)  order emergency mental commitments; and
               (7)  conduct initial juvenile detention hearings if
  approved by the Guadalupe County Juvenile Board.
         (f)  With the express authorization of a justice of the
  peace, a magistrate may exercise concurrent criminal jurisdiction
  with the justice of the peace to dispose as provided by law of cases
  filed in the precinct of the authorizing justice of the peace,
  except for a trial on the merits following a plea of not guilty.
         (g)  A magistrate may:
               (1)  issue notices of the setting of a case for a
  hearing;
               (2)  conduct hearings;
               (3)  compel production of evidence;
               (4)  hear evidence;
               (5)  issue summons for the appearance of witnesses;
               (6)  swear witnesses for hearings;
               (7)  regulate proceedings in a hearing; and
               (8)  perform any act and take any measure necessary and
  proper for the efficient performance of the duties required by the
  magistrate's jurisdiction and authority.
         Sec. 54.2007.  PERSONNEL, EQUIPMENT, AND OFFICE SPACE.  The
  Commissioners Court of Guadalupe County shall provide:
               (1)  personnel for the legal or clerical functions
  necessary to perform the magistrate's duties authorized by this
  chapter; and
               (2)  sufficient equipment and office space for the
  magistrate and personnel to perform the magistrate's essential
  functions.
  ARTICLE 4.  EFFECTIVE DATE
         SECTION 4.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2013.