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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 Kerr County. |
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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 MM to read as follows: |
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SUBCHAPTER MM. MAGISTRATES IN KERR COUNTY |
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Sec. 54.2101. AUTHORIZATION; APPOINTMENT; ELIMINATION. |
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(a) The Commissioners Court of Kerr County may authorize the judges |
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of the district and statutory county courts in Kerr County to |
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appoint one or more part-time or full-time magistrates to perform |
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the duties authorized by this subchapter. |
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(b) The judges of the district and statutory county courts |
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in Kerr County by a unanimous vote may appoint magistrates as |
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authorized by the Commissioners Court of Kerr County. |
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(c) An order appointing a magistrate must be signed by the |
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local presiding judge of the district courts serving Kerr County, |
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and the order must state: |
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(1) the magistrate's name; and |
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(2) the date the magistrate's employment is to begin. |
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(d) An authorized magistrate's position may be eliminated |
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on a majority vote of the Commissioners Court of Kerr County. |
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Sec. 54.2102. QUALIFICATIONS; OATH OF OFFICE. (a) To be |
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eligible for appointment as a magistrate, a person must: |
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(1) be a citizen of the United States; |
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(2) have resided in Kerr County for at least the two |
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years preceding the person's appointment; and |
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(3) be at least 30 years of age. |
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(b) A magistrate appointed under Section 54.2101 must take |
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the constitutional oath of office required of appointed officers of |
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this state. |
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Sec. 54.2103. COMPENSATION. (a) A magistrate is entitled |
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to the salary determined by the Commissioners Court of Kerr County. |
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(b) A full-time magistrate's salary may not be less than |
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that of a justice of the peace of Kerr County as established by the |
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annual budget of Kerr County. |
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(c) A part-time magistrate's salary is equal to the per-hour |
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salary of a justice of the peace. The per-hour salary is determined |
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by dividing the annual salary by a 2,000 work-hour year. The local |
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administrative judge of the district courts serving Kerr County |
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shall approve the number of hours for which a part-time magistrate |
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is to be paid. |
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(d) The magistrate's salary is paid from the county fund |
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available for payment of officers' salaries. |
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Sec. 54.2104. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.2105. TERMINATION OF EMPLOYMENT. (a) A magistrate |
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may be terminated by a majority vote of all the judges of the |
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district and statutory county courts of Kerr County. |
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(b) To terminate a magistrate's employment, the local |
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administrative judge of the district courts serving Kerr County |
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must sign a written order of termination. The order must state: |
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(1) the magistrate's name; and |
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(2) the final date of the magistrate's employment. |
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Sec. 54.2106. JURISDICTION; RESPONSIBILITY; POWERS. (a) |
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The judges of the district or statutory county courts shall |
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establish standing orders to be followed by a magistrate or parties |
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appearing before a magistrate, as applicable. |
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(b) To the extent authorized by this subchapter and the |
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standing orders, a magistrate has jurisdiction to exercise the |
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authority granted by the judges of the district or statutory county |
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courts. |
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(c) A magistrate has all of the powers of a magistrate under |
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the laws of this state and may administer an oath for any purpose. |
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(d) 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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(e) A magistrate is authorized to: |
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(1) set, adjust, and revoke bonds before the filing of |
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an information or the return of an indictment; |
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(2) conduct examining trials; |
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(3) determine whether a defendant is indigent and |
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appoint counsel for an indigent defendant; |
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(4) issue search and arrest warrants; |
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(5) issue emergency protective orders; |
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(6) order emergency mental commitments; and |
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(7) conduct initial juvenile detention hearings if |
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approved by the Kerr County Juvenile Board. |
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(f) With the express authorization of a justice of the |
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peace, a magistrate may exercise concurrent criminal jurisdiction |
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with the justice of the peace to dispose as provided by law of cases |
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filed in the precinct of the authorizing justice of the peace, |
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except for a trial on the merits following a plea of not guilty. |
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(g) A magistrate may: |
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(1) issue notices of the setting of a case for a |
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hearing; |
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(2) conduct hearings; |
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(3) compel production of evidence; |
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(4) hear evidence; |
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(5) issue summons for the appearance of witnesses; |
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(6) swear witnesses for hearings; |
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(7) regulate proceedings in a hearing; and |
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(8) perform any act and take any measure necessary and |
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proper for the efficient performance of the duties required by the |
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magistrate's jurisdiction and authority. |
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Sec. 54.2107. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The |
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Commissioners Court of Kerr County shall provide: |
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(1) personnel for the legal or clerical functions |
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necessary to perform the magistrate's duties authorized by this |
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chapter; and |
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(2) sufficient equipment and office space for the |
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magistrate and personnel to perform the magistrate's essential |
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functions. |
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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, 2019. |