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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and administration of and practice in |
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courts in the judicial branch of state government and the |
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composition of certain juvenile boards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISTRICT COURTS AND DISTRICT ATTORNEYS |
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SECTION 1.01. Section 24.154(b), Government Code, is |
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amended to read as follows: |
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(b) The terms of the 52nd District Court begin on the first |
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Mondays in January and July [June]. |
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SECTION 1.02. (a) Effective January 1, 2017, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.584 to |
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read as follows: |
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Sec. 24.584. 440TH JUDICIAL DISTRICT (CORYELL COUNTY). The |
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440th Judicial District is composed of Coryell County. |
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(b) The 440th Judicial District is created January 1, 2017. |
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(c) Subchapter D, Chapter 74, Government Code, is amended by |
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adding Section 74.0971 to read as follows: |
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Sec. 74.0971. LOCAL ADMINISTRATIVE DISTRICT JUDGE FOR |
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CORYELL COUNTY. Notwithstanding Section 74.091(b), the local |
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administrative district judge for Coryell County is selected on the |
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basis of seniority from the district judges of the 52nd Judicial |
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District and the 440th Judicial District. |
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SECTION 1.03. (a) Subchapter C, Chapter 24, Government |
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Code, is amended by adding Section 24.590 to read as follows: |
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Sec. 24.590. 446TH JUDICIAL DISTRICT (ECTOR COUNTY). The |
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446th Judicial District is composed of Ector County. |
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(b) The 446th Judicial District is created September 1, |
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2015. |
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SECTION 1.04. (a) Subchapter D, Chapter 24, Government |
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Code, is amended by adding Section 24.641 to read as follows: |
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Sec. 24.641. 507TH JUDICIAL DISTRICT (HARRIS COUNTY). The |
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507th Judicial District is composed of Harris County. |
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(b) The 507th Judicial District is created September 1, |
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2015. |
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SECTION 1.05. (a) Subchapter D, Chapter 24, Government |
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Code, is amended by adding Sections 24.642 and 24.643 to read as |
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follows: |
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Sec. 24.642. 469TH JUDICIAL DISTRICT (COLLIN COUNTY). The |
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469th Judicial District is composed of Collin County. |
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Sec. 24.643. 470TH JUDICIAL DISTRICT (COLLIN COUNTY). The |
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470th Judicial District is composed of Collin County. |
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(b) The 469th and 470th Judicial Districts are created |
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September 1, 2015. |
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SECTION 1.06. (a) Section 46.002, Government Code, is |
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amended to read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to the state prosecuting attorney, all county prosecutors, |
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and the following state prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 25th, |
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26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, |
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42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, |
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198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, |
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268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th, |
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452nd, and 506th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
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Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
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Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
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Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Callahan, Cameron, |
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Castro, Colorado, Crosby, Ellis, Falls, Freestone, Gonzales, |
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Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam, |
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Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson, |
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Rusk, Swisher, Terry, Webb, and Willacy. |
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(b) Section 43.156(b), Government Code, is repealed. |
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ARTICLE 2. STATUTORY COUNTY COURTS |
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SECTION 2.01. (a) Section 25.0331(a), Government Code, is |
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amended to read as follows: |
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(a) Cameron County has the following statutory county |
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courts: |
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(1) County Court at Law No. 1 of Cameron County; |
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(2) County Court at Law No. 2 of Cameron County; [and] |
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(3) County Court at Law No. 3 of Cameron County; |
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(4) County Court at Law No. 4 of Cameron County; and |
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(5) County Court at Law No. 5 of Cameron County. |
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(b) Section 25.0332, Government Code, is amended by adding |
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Subsection (b) to read as follows: |
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(b) The County Court at Law No. 4 of Cameron County shall |
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give preference to probate, guardianship, and mental health |
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matters. |
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(c) The County Court at Law No. 4 of Cameron County is |
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created on January 1, 2016. |
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(d) The County Court at Law No. 5 of Cameron County is |
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created on January 1, 2018. |
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SECTION 2.02. Section 25.2223(a), Government Code, is |
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amended to read as follows: |
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(a) A county criminal court in Tarrant County has |
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jurisdiction over all criminal matters and causes, original and |
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appellate, prescribed by law for county courts, but does not have |
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original civil jurisdiction. The County Criminal Courts Nos. 5 and |
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10 of Tarrant County also have concurrent jurisdiction within the |
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county of all appeals [from criminal convictions] under the laws of |
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this state and the municipal ordinances of the municipalities |
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located in Tarrant County that are appealed from the justice courts |
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and municipal courts in the county. The County Criminal Courts Nos. |
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5, 7, 8, 9, and 10 of Tarrant County also have concurrent |
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jurisdiction with the district court in felony cases to conduct |
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arraignments, conduct pretrial hearings, and accept guilty pleas. |
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ARTICLE 3. MAGISTRATES, CERTAIN JUVENILE BOARDS, AND CRIMINAL LAW |
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HEARING OFFICERS |
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SECTION 3.01. (a) Section 54.1356(a), Government Code, is |
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amended to read as follows: |
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(a) A criminal law hearing officer appointed under this |
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subchapter has limited concurrent jurisdiction over criminal cases |
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filed in the district courts, statutory county courts, and justice |
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courts of the county. The jurisdiction of the criminal law hearing |
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officer is limited to: |
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(1) determining probable cause for further detention |
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of any person detained on a criminal complaint, information, or |
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indictment filed in the district courts, statutory county courts, |
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or justice courts of the county; |
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(2) committing the defendant to jail, discharging the |
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defendant from custody, or admitting the defendant to bail, as the |
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law and facts of the case require; |
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(3) issuing search warrants and arrest warrants as |
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provided by law for magistrates; |
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(4) as to criminal cases filed in justice courts, |
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disposing of cases as provided by law, other than by trial, and |
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collecting fines and enforcing judgments and orders of the justice |
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courts in criminal cases; |
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(5) hearing, considering, and ruling on writs of |
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habeas corpus filed under Article 17.151, Code of Criminal |
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Procedure; [and] |
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(6) on motion of the district attorney: |
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(A) dismissing a criminal case when the arresting |
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agency has not timely filed the offense report with the district |
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attorney; and |
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(B) reducing the amount of bond on prisoners held |
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at the county jail whose cases have not been filed in a district |
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court or a statutory county court; and |
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(7) presiding over an extradition proceeding under |
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Article 51.13, Code of Criminal Procedure. |
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(b) Section 54.1358, Government Code, is amended by adding |
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Subsections (f) and (g) to read as follows: |
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(f) In accordance with Article 26.13, Code of Criminal |
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Procedure, a criminal law hearing officer may accept a plea of |
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guilty or nolo contendere. |
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(g) A criminal law hearing officer may determine whether a |
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defendant is indigent and appoint counsel for an indigent |
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defendant. |
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(c) Subchapter BB, Chapter 54, Government Code, is amended |
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by adding Section 54.1362 to read as follows: |
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Sec. 54.1362. PROCEEDINGS THAT MAY BE REFERRED. A district |
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judge or a county court at law judge may refer to a criminal law |
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hearing officer any criminal case for proceedings involving: |
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(1) a bond forfeiture; |
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(2) the arraignment of defendants; |
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(3) the determination of whether a defendant is |
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indigent and the appointment of counsel for an indigent defendant; |
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and |
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(4) a negotiated plea of guilty or nolo contendere |
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before the court, in accordance with Article 26.13, Code of |
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Criminal Procedure. |
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SECTION 3.02. (a) Chapter 54, Government Code, is amended |
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by adding Subchapter LL to read as follows: |
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SUBCHAPTER LL. GALVESTON COUNTY CRIMINAL MAGISTRATES |
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Sec. 54.2051. APPOINTMENT. (a) The Commissioners Court of |
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Galveston County may select magistrates to serve the courts of |
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Galveston County having jurisdiction in criminal matters. |
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(b) The commissioners court shall establish the minimum |
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qualifications, salary, benefits, and other compensation of each |
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magistrate position and shall determine whether the position is |
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full-time or part-time. The qualifications must require the |
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magistrate to have served as a justice of the peace or be an |
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attorney licensed in this state. |
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(c) A magistrate appointed under this section serves at the |
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pleasure of the commissioners court. |
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Sec. 54.2052. JURISDICTION. A magistrate has concurrent |
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criminal jurisdiction with the judges of the justice of the peace |
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courts of Galveston County. |
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Sec. 54.2053. POWERS AND DUTIES. (a) The Commissioners |
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Court of Galveston County shall establish the powers and duties of a |
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magistrate appointed under this subchapter. Except as otherwise |
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provided by the commissioners court, a magistrate has the powers of |
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a magistrate under the Code of Criminal Procedure and other laws of |
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this state and may administer an oath for any purpose. |
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(b) A magistrate shall give preference to performing the |
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duties of a magistrate under Article 15.17, Code of Criminal |
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Procedure. |
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(c) The commissioners court may designate one or more |
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magistrates to hold regular hearings to: |
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(1) give admonishments; |
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(2) set and review bail and conditions of release; |
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(3) appoint legal counsel; and |
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(4) determine other routine matters relating to |
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preindictment or pending cases within those courts' jurisdiction. |
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(d) In the hearings provided under Subsection (c), a |
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magistrate shall give preference to the case of an individual held |
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in county jail. |
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(e) A magistrate may inquire into a defendant's intended |
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plea to the charge and set the case for an appropriate hearing |
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before a judge or master. |
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Sec. 54.2054. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.2055. WITNESSES. (a) A witness who is sworn and |
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who appears before a magistrate is subject to the penalties for |
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perjury and aggravated perjury provided by law. |
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(b) A referring court may fine or imprison a witness or |
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other court participant for failure to appear after being summoned, |
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refusal to answer questions, or other acts of direct contempt |
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before a magistrate. |
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(b) Article 2.09, Code of Criminal Procedure, is amended to |
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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 or associate judges appointed by the judges of the |
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district courts of Lubbock County, Nolan County, or Webb County, |
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the magistrates appointed by the judges of the criminal district |
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courts of Dallas County or Tarrant County, the associate judges |
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appointed by the judges of the district courts and the county courts |
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at law that give preference to criminal cases in Jefferson County, |
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the associate judges appointed by the judges of the district courts |
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and the statutory county courts of Brazos County, Nueces County, or |
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Williamson County, the magistrates appointed by the judges of the |
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district courts and statutory county courts that give preference to |
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criminal cases in Travis County, the criminal magistrates appointed |
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by the Brazoria County Commissioners Court, the criminal |
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magistrates appointed by the Burnet County Commissioners Court, the |
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criminal magistrates appointed by the Galveston 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 Chapter 54A, |
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Government Code, the associate judges appointed by the judge of a |
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district court under Chapter 54A, Government Code, the magistrates |
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appointed under Subchapter JJ, Chapter 54, Government Code, as |
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added by H.B. No. 2132, Acts of the 82nd Legislature, Regular |
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Session, 2011, 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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(c) This section takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this section takes effect September 1, 2015. |
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SECTION 3.03. Section 152.0131(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The juvenile board of Atascosa County is composed of the |
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county judge, [and] the district judges in Atascosa County, and the |
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judge of the County Court at Law of Atascosa County. |
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ARTICLE 4. EFFECTIVE DATE |
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SECTION 4.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2015. |