|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of magistrates in Fort Bend County. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 2.09, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
|
officers is a magistrate within the meaning of this Code: The |
|
justices of the Supreme Court, the judges of the Court of Criminal |
|
Appeals, the justices of the Courts of Appeals, the judges of the |
|
District Court, the magistrates appointed by the judges of the |
|
district courts of Bexar County, Dallas County, or Tarrant County |
|
that give preference to criminal cases, the criminal law hearing |
|
officers for Harris County appointed under Subchapter L, Chapter |
|
54, Government Code, the criminal law hearing officers for Cameron |
|
County appointed under Subchapter BB, Chapter 54, Government Code, |
|
the magistrates or associate judges appointed by the judges of the |
|
district courts of Lubbock County, Nolan County, or Webb County, |
|
the magistrates appointed by the judges of the criminal district |
|
courts of Dallas County or Tarrant County, the associate judges |
|
appointed by the judges of the district courts and the county courts |
|
at law that give preference to criminal cases in Jefferson County, |
|
the associate judges appointed by the judges of the district courts |
|
and the statutory county courts of Brazos County, Nueces County, or |
|
Williamson County, the magistrates appointed by the judges of the |
|
district courts and statutory county courts that give preference to |
|
criminal cases in Travis County, the criminal magistrates appointed |
|
by the Brazoria County Commissioners Court, the criminal |
|
magistrates appointed by the Burnet County Commissioners Court, the |
|
county judges, the judges of the county courts at law, judges of the |
|
county criminal courts, the judges of statutory probate courts, the |
|
associate judges appointed by the judges of the statutory probate |
|
courts under Chapter 54A, Government Code, the associate judges |
|
appointed by the judge of a district court under Chapter 54A, |
|
Government Code, the magistrates appointed under Subchapter JJ, |
|
Chapter 54, Government Code, the magistrates appointed by the Fort |
|
Bend County Commissioners Court [as added by H.B. No.
2132, Acts of
|
|
the 82nd Legislature, Regular Session, 2011], the justices of the |
|
peace, and the mayors and recorders and the judges of the municipal |
|
courts of incorporated cities or towns. |
|
SECTION 2. Chapter 54, Government Code, is amended by |
|
adding Subchapter NN to read as follows: |
|
SUBCHAPTER NN. MAGISTRATES IN FORT BEND COUNTY |
|
Sec. 54.2301. AUTHORIZATION; APPOINTMENT; TERMINATION; |
|
ELIMINATION. (a) The Commissioners Court of Fort Bend County by |
|
majority vote may appoint one or more part-time or full-time |
|
magistrates to perform the duties authorized by this subchapter. |
|
(b) An order appointing a magistrate must be signed by the |
|
county judge of Fort Bend County, and the order must state: |
|
(1) the magistrate's name; and |
|
(2) the date the magistrate's employment begins. |
|
(c) A magistrate may be terminated by a majority vote of the |
|
Commissioners Court of Fort Bend County. |
|
(d) An authorized magistrate's position may be eliminated |
|
on a majority vote of the Commissioners Court of Fort Bend County. |
|
Sec. 54.2302. 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 Fort Bend County for at least the |
|
four years preceding the person's appointment; and |
|
(3) have been licensed to practice law in this state |
|
for at least four years. |
|
(b) A magistrate appointed under Section 54.2301 must take |
|
the constitutional oath of office required of appointed officers of |
|
this state. |
|
Sec. 54.2303. COMPENSATION. A magistrate is entitled to |
|
the compensation set by the Commissioners Court of Fort Bend |
|
County. The compensation shall be paid from the general fund of the |
|
county. |
|
Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same |
|
judicial immunity as a district judge. |
|
Sec. 54.2305. PROCEEDING THAT MAY BE REFERRED. (a) The |
|
judge of a district court or county court at law or a justice of the |
|
peace may refer to a magistrate any case or matter relating to a |
|
case for proceedings involving: |
|
(1) a negotiated plea of guilty or no contest and |
|
sentencing before the court; |
|
(2) a bond forfeiture, remittitur, and related |
|
proceedings; |
|
(3) a pretrial motion; |
|
(4) a writ of habeas corpus; |
|
(5) an examining trial; |
|
(6) an occupational driver's license; |
|
(7) a petition for an order of expunction under |
|
Chapter 55, Code of Criminal Procedure; |
|
(8) an asset forfeiture hearing as provided by Chapter |
|
59, Code of Criminal Procedure; |
|
(9) a petition for an order of nondisclosure of |
|
criminal history record information or an order of nondisclosure of |
|
criminal history record information that does not require a |
|
petition provided by Subchapter E-1, Chapter 411; |
|
(10) a motion to modify or revoke community |
|
supervision or to proceed with an adjudication of guilt; |
|
(11) setting conditions, modifying, revoking, and |
|
surrendering of bonds, including surety bonds; |
|
(12) specialty court proceedings; |
|
(13) a waiver of extradition; |
|
(14) selection of a jury; and |
|
(15) any other matter the judge or justice of the peace |
|
considers necessary and proper. |
|
(b) A judge may refer to a magistrate a civil case arising |
|
out of Chapter 59, Code of Criminal Procedure, for any purpose |
|
authorized by that chapter, including issuing orders, accepting |
|
agreed judgments, enforcing judgments, and presiding over a case on |
|
the merits if a party has not requested a jury trial. |
|
(c) A magistrate may accept a plea of guilty from a |
|
defendant charged with misdemeanor, felony, or both misdemeanor and |
|
felony offenses. |
|
(d) If the magistrate is acting as an associate judge under |
|
Section 54.2316, the magistrate may hear any case referred under |
|
Section 54A.106. |
|
(e) A magistrate may not preside over a criminal trial on |
|
the merits, regardless of whether the trial is before a jury. |
|
(f) A magistrate may not hear any jury trial on the merits. |
|
Sec. 54.2306. ORDER OF REFERRAL. (a) To refer one or more |
|
cases to a magistrate, a judge or justice of the peace must issue an |
|
order of referral specifying the magistrate's duties. |
|
(b) An order of referral may: |
|
(1) limit the powers of the magistrate and direct the |
|
magistrate to report only on specific issues, perform particular |
|
acts, or receive and report on evidence only; |
|
(2) set the time and place for the hearing; |
|
(3) prescribe a closing date for the hearing; |
|
(4) provide a date for filing the magistrate's |
|
findings; |
|
(5) designate proceedings for more than one case over |
|
which the magistrate shall preside; |
|
(6) direct the magistrate to call the court's docket; |
|
and |
|
(7) set forth general powers and limitations of |
|
authority of the magistrate applicable to any case referred. |
|
Sec. 54.2307. POWERS. (a) Except as limited by an order of |
|
referral, a magistrate to whom a case is referred may: |
|
(1) conduct hearings; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence in civil or |
|
criminal matters; |
|
(4) rule on disputes regarding civil discovery; |
|
(5) rule on admissibility of evidence; |
|
(6) issue summons for the appearance of witnesses; |
|
(7) examine witnesses; |
|
(8) swear witnesses for hearings; |
|
(9) make findings of fact on evidence; |
|
(10) formulate conclusions of law; |
|
(11) rule on a pretrial motion; |
|
(12) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(13) regulate proceedings in a hearing; |
|
(14) accept a plea of guilty from a defendant charged |
|
with misdemeanor, felony, or both misdemeanor and felony offenses; |
|
(15) select a jury; |
|
(16) accept a negotiated plea on a probation |
|
revocation; |
|
(17) conduct a contested probation revocation |
|
hearing; |
|
(18) sign a dismissal in a misdemeanor case; |
|
(19) enter an order of dismissal or nonsuit on |
|
agreement of the parties in a civil case; |
|
(20) in any case referred under Section 54.2305(a)(1), |
|
accept a negotiated plea of guilty or no contest and: |
|
(A) enter a finding of guilt and impose or |
|
suspend the sentence; or |
|
(B) defer adjudication of guilt; |
|
(21) conduct initial juvenile detention hearings if |
|
approved by the juvenile board of Fort Bend County; and |
|
(22) perform any act and take any measure necessary |
|
and proper for the efficient performance of the duties required by |
|
the order of referral. |
|
(b) A magistrate may sign a motion to dismiss submitted by |
|
an attorney representing the state on cases referred to the |
|
magistrate, or on dockets called by the magistrate, and may |
|
consider unadjudicated cases at sentencing under Section 12.45, |
|
Penal Code. |
|
(c) Except as provided by Sections 54.2305(e) and (f), a |
|
magistrate has all of the powers of a magistrate under the laws of |
|
this state and may administer an oath for any purpose. |
|
Sec. 54.2308. FORFEITURES. Bail bonds and personal bonds |
|
may be forfeited by the magistrate court in the manner provided by |
|
Chapter 22, Code of Criminal Procedure, and those forfeitures shall |
|
be filed with: |
|
(1) the district clerk if associated with a felony |
|
case; |
|
(2) the county clerk if associated with a Class A or |
|
Class B misdemeanor case; or |
|
(3) the same justice court clerk associated with the |
|
Class C misdemeanor case in which the bond was originally filed. |
|
Sec. 54.2309. COSTS. (a) When the district clerk is the |
|
clerk under this subchapter, the district clerk shall charge the |
|
same court costs for cases filed in, transferred to, or assigned to |
|
the magistrate court that are charged in the district courts. |
|
(b) When the county clerk is the clerk under this |
|
subchapter, the county clerk shall charge the same court costs for |
|
cases filed in, transferred to, or assigned to the magistrate court |
|
that are charged in the county courts. |
|
(c) When a justice clerk is the clerk under this subchapter, |
|
the justice clerk shall charge the same court costs for cases filed |
|
in, transferred to, or assigned to the magistrate court that are |
|
charged in the justice courts. |
|
Sec. 54.2310. CLERK. (a) The district clerk serves as |
|
clerk of the magistrate court, except that: |
|
(1) after a Class A or Class B misdemeanor is filed in |
|
the county court at law and assigned to the magistrate court, the |
|
county clerk serves as clerk for that misdemeanor case; and |
|
(2) after a Class C misdemeanor is filed in a justice |
|
court and assigned to the magistrate court, the originating justice |
|
court clerk serves as clerk for that misdemeanor case. |
|
(b) The district clerk shall establish a docket and keep the |
|
minutes for the cases filed in or transferred to the magistrate |
|
court. The district clerk shall perform any other duties that local |
|
administrative rules require in connection with the implementation |
|
of this subchapter. The local administrative judge shall ensure |
|
that the duties required under this subsection are performed. To |
|
facilitate the duties associated with serving as the clerk of the |
|
magistrate court, the district clerk and the deputies of the |
|
district clerk may serve as deputy justice clerks and deputy county |
|
clerks at the discretion of the district clerk. |
|
(c) The clerk of the case shall include as part of the record |
|
on appeal a copy of the order and local administrative rule under |
|
which a magistrate court acted. |
|
Sec. 54.2311. COURT REPORTER. At the request of a party, |
|
the court shall provide a court reporter to record the proceedings |
|
before the magistrate. |
|
Sec. 54.2312. WITNESS. (a) A witness who appears before a |
|
magistrate and is sworn is subject to the penalties for perjury |
|
provided by law. |
|
(b) A referring court may issue attachment against and may |
|
fine or imprison a witness whose failure to appear after being |
|
summoned or whose refusal to answer questions has been certified to |
|
the court. |
|
Sec. 54.2313. PAPERS TRANSMITTED TO JUDGE. At the |
|
conclusion of the proceedings, a magistrate shall transmit to the |
|
referring court any papers relating to the case, including the |
|
magistrate's findings, conclusions, orders, recommendations, or |
|
other action taken. |
|
Sec. 54.2314. COSTS OF MAGISTRATE. The court shall |
|
determine if the nonprevailing party is able to defray the costs of |
|
the magistrate. If the court determines the nonprevailing party is |
|
able to pay those costs, the court shall assess the magistrate's |
|
costs against the nonprevailing party. |
|
Sec. 54.2315. JUDICIAL ACTION. (a) A referring court may |
|
modify, correct, reject, reverse, or recommit for further |
|
information any action taken by the magistrate. |
|
(b) If the court does not modify, correct, reject, reverse, |
|
or recommit an action of the magistrate, the action becomes the |
|
decree of the court. |
|
(c) At the conclusion of each term during which the services |
|
of a magistrate are used, the referring court shall enter a decree |
|
on the minutes adopting the actions of the magistrate of which the |
|
court approves. |
|
Sec. 54.2316. MAGISTRATE AS ASSOCIATE JUDGE. A magistrate |
|
appointed under this subchapter may act as a civil associate judge |
|
under Subchapter B, Chapter 54A. To the extent of any conflict with |
|
this subchapter, a magistrate acting as an associate judge shall |
|
comply with provisions regarding the appointment, termination, |
|
referral of cases, powers, duties, and immunities of associate |
|
judges under Subchapter B, Chapter 54A. |
|
SECTION 3. This Act takes effect September 1, 2019. |