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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal jurisdiction of magistrates appointed by |
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the El Paso Council of Judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 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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magistrates appointed by the El Paso Council of Judges, the county |
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judges, the judges of the county courts at law, judges of the county |
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criminal courts, the judges of statutory probate courts, the |
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associate judges appointed by the judges of the statutory probate |
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courts under Chapter 54A, Government Code, the associate judges |
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appointed by the judge of a district court under Chapter 54A, |
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Government Code, the magistrates appointed under Subchapter JJ, |
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Chapter 54, Government Code, as added by H.B. No. 2132, Acts of the |
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82nd Legislature, Regular Session, 2011, the justices of the peace, |
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and the mayors and recorders and the judges of the municipal courts |
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of incorporated cities or towns. |
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SECTION 2. Article 4.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
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following courts have jurisdiction in criminal actions: |
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1. The Court of Criminal Appeals; |
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2. Courts of appeals; |
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3. The district courts; |
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4. The criminal district courts; |
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5. The magistrates appointed by the judges of the district |
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courts of Bexar County, Dallas County, Tarrant County, or Travis |
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County that give preference to criminal cases and 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; |
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6. The county courts; |
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7. All county courts at law with criminal jurisdiction; |
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8. County criminal courts; |
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9. Justice courts; |
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10. Municipal courts; [and] |
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11. The magistrates appointed by the judges of the district |
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courts of Lubbock County; and |
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12. The magistrates appointed by the El Paso Council of |
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Judges. |
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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, 2019. |