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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 for Hidalgo 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 LL to read as follows: |
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SUBCHAPTER LL. MAGISTRATES IN HIDALGO COUNTY |
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Sec. 54.2101. APPLICATION OF SUBCHAPTER. This subchapter |
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applies to Hidalgo County. |
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Sec. 54.2102. AUTHORIZATION; APPOINTMENT. (a) The |
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Commissioners Court of Hidalgo County may authorize the judges of |
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the district and statutory county courts in Hidalgo 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 Hidalgo County by a two-thirds vote may appoint magistrates as |
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authorized by the Commissioners Court of Hidalgo County. |
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(c) The Commissioners Court of Hidalgo County may only |
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authorize the appointment of magistrates that are necessary to |
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perform the duties authorized by this subchapter and are included |
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in the county's annual budget. |
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(d) An order appointing a magistrate must be signed by the |
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local presiding judge of the district courts serving Hidalgo |
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County, 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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(e) The judges of the district and statutory county courts |
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in Hidalgo County shall ensure that the magistrates appointed under |
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this subchapter are representative of the race, sex, national |
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origin, and ethnicity of the population of Hidalgo County. |
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(f) A magistrate may not engage in the private practice of |
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law or serve as a mediator or arbitrator or otherwise participate as |
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a neutral party in any alternate dispute resolution proceeding, |
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with or without compensation. |
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(g) A magistrate is subject to proceedings under Section |
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1-a, Article V, Texas Constitution. |
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Sec. 54.2103. TERMINATION OF EMPLOYMENT. (a) A magistrate |
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may be terminated by a two-thirds vote of all the judges of the |
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district and statutory county courts in Hidalgo 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 Hidalgo 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. 54.2104. 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 resident of Hidalgo County; |
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(2) be at least 25 years of age; |
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(3) be a licensed attorney with at least two years' |
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experience; and |
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(4) have the other qualifications required by the |
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judges of the district and statutory county courts in Hidalgo |
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County. |
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(b) A magistrate appointed under Section 54.2102 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. 54.2105. COMPENSATION. (a) A magistrate is entitled |
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to the salary determined by the Commissioners Court of Hidalgo |
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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 Hidalgo County as established by |
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the annual budget of Hidalgo 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 Hidalgo County |
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shall approve the number of hours to be paid a part-time magistrate. |
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Sec. 54.2106. CRIMINAL JURISDICTION. (a) The judges of the |
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district or statutory county courts in Hidalgo County 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 in Hidalgo County. |
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(c) The jurisdiction of a magistrate 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 or county courts at law; and |
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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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(d) This section does not limit or impair the jurisdiction |
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of the court in which the complaint, information, or indictment is |
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filed to review or alter the decision of a magistrate. |
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(e) In a felony or misdemeanor case punishable by |
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incarceration in the county jail, a magistrate may not dismiss the |
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case, enter a judgment of acquittal or guilt, or pronounce |
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sentence. |
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Sec. 54.2107. MENTAL HEALTH JURISDICTION. The judges of |
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the statutory county courts in Hidalgo County may authorize a |
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magistrate to serve a probate court in Hidalgo County as necessary |
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to hear emergency mental health matters under Chapter 573, Health |
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and Safety Code. A magistrate has concurrent limited jurisdiction |
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with a probate court in the county to hear emergency mental health |
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matters under Chapter 573, Health and Safety Code. This section |
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does not impair the jurisdiction of a probate court to review or |
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alter the decision of a magistrate. |
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Sec. 54.2108. DUTIES AND POWERS. (a) A magistrate shall |
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inform a person arrested of the warnings described by Article |
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15.17, Code of Criminal Procedure. |
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(b) A magistrate shall be available, within the time |
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provided by law following a defendant's arrest, to determine |
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probable cause for further detention, administer warnings, inform |
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the accused of the pending charges, and determine all matters |
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pertaining to bail. |
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(c) A magistrate may: |
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(1) determine the amount of bail and grant bail |
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pursuant to Chapter 17, Code of Criminal Procedure, and as |
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otherwise provided by law; |
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(2) issue a magistrate's order for emergency |
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apprehension and detention under Chapter 573, Health and Safety |
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Code, if authorized by the judges of the statutory county courts in |
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Hidalgo County and if the magistrate makes each finding required by |
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Section 573.012(b), Health and Safety Code; or |
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(3) accept a plea of guilty or nolo contendere in |
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accordance with Article 26.13, Code of Criminal Procedure. |
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Sec. 54.2109. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge, statutory county court |
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judge, and justice of the peace. |
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Sec. 54.2110. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The |
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Commissioners Court of Hidalgo 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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Sec. 54.2111. SHERIFF. On request of a magistrate |
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appointed under this subchapter, the sheriff, in person or by |
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deputy, shall assist the magistrate. |
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SECTION 2. This Act takes effect September 1, 2019. |