By: Miles S.B. No. 2254

A BILL TO BE ENTITLED

AN ACT

relating to 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, as added by H.B. No. 2132, Acts of the 82nd Legislature, Regular Session, 2011, the magistrates appointed under Subchapter NN, Chapter 54, Government Code, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.

SECTION 2. Article 4.01, Code of Criminal Procedure, is amended to read as follows:

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The following courts have jurisdiction in criminal actions:

1. The Court of Criminal Appeals;

2. Courts of appeals;

3. The district courts;

4. The criminal district courts;

5. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases, [and] the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, and the magistrates appointed by the judges of the statutory county courts and district courts of Fort Bend County that give preference to criminal cases;

6. The county courts;

7. All county courts at law with criminal jurisdiction;

8. County criminal courts;

9. Justice courts;

10. Municipal courts; and

11. The magistrates appointed by the judges of the district courts of Lubbock County.

SECTION 3. 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; ELIMINATION. (a) The Commissioners Court of Fort Bend County may authorize the judges of the district courts and statutory county courts in Fort Bend County to appoint one or more part-time or full-time magistrates to perform the duties authorized by this subchapter.

(b) The judges of the district courts and statutory county courts in Fort Bend County by a unanimous vote may appoint magistrates as authorized by the Commissioners Court of Fort Bend County.

(c) An order appointing a magistrate must be signed by the local administrative judge of the district courts and the local administrative judge of the statutory county courts serving Fort Bend County, and the order must state:

(1) the magistrate's name; and

(2) the date the magistrate's employment is to begin.

(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 resident of this state and the county;

(2) have been licensed to practice law in this state for at least four years;

(3) not have been removed from office by impeachment, by the supreme court, by the governor on address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and

(4) not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided by Section 33.022 and before the final disposition of the proceedings.

(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) A magistrate is entitled to the salary determined by the Commissioners Court of Fort Bend County.

(b) A full-time magistrate's salary may not be less than that of a justice of the peace of Fort Bend County as established by the annual budget of Fort Bend County.

(c) A part-time magistrate's salary is equal to the per-hour salary of a justice of the peace. The per-hour salary is determined by dividing the annual salary by a 2,000 work-hour year. The local administrative judge of the district courts serving Fort Bend County shall approve the number of hours to be paid a part-time magistrate.

(d) A magistrate's salary is paid from the county fund available for payment of officers' salaries.

Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same judicial immunity as a district judge.

Sec. 54.2305. TERMINATION OF EMPLOYMENT. (a) A magistrate may be terminated by a majority vote of all the judges of the district courts and statutory county courts of Fort Bend County.

(b) To terminate a magistrate's employment, the local administrative judge of the district courts and the local administrative judge of the statutory county courts serving Fort Bend County must sign a written order of termination. The order must state:

(1) the magistrate's name; and

(2) the final date of the magistrate's employment.

Sec. 54.2306. DUTIES AND POWERS. (a) A magistrate shall inform the person arrested, in clear language, of the accusation against the person and of any affidavit filed with the accusation. A magistrate shall inform the person arrested of the person's right to retain counsel, to remain silent, to have an attorney present during any interview with a peace officer or an attorney representing the state, to terminate the interview at any time, and to request the appointment of counsel if the person is indigent and cannot afford counsel. The magistrate shall also inform the person arrested that the person is not required to make a statement and that any statement made by the person may be used against the person. The magistrate must allow the person arrested reasonable time and opportunity to consult counsel and shall admit the person arrested to bail if allowed by law. In addition to the powers and duties specified by this subsection, a magistrate has all other powers and duties of a magistrate specified by the Code of Criminal Procedure and other laws of this state.

(b) A magistrate may determine the amount of bail and grant bail under Chapter 17, Code of Criminal Procedure, and as otherwise provided by law.

(c) A magistrate shall be available, within 24 hours of a defendant's arrest, to determine probable cause for further detention, administer warnings, inform the accused of the pending charges, and determine all matters pertaining to bail. Magistrates shall be available to review and issue search warrants and arrest warrants as provided by law.

(d) A magistrate may dispose of criminal cases filed in the justice court as provided by law and collect fines and enforce the judgments and orders of the justice courts in criminal cases.

(e) A magistrate may enforce the judgments and orders of the statutory county courts in criminal cases.

Sec. 54.2307. MENTAL HEALTH JURISDICTION. The judges of the statutory county courts of Fort Bend County may authorize a magistrate as necessary to hear emergency mental health matters under Chapter 573, Health and Safety Code. A magistrate has concurrent limited jurisdiction with the statutory county courts to hear emergency mental health matters under Chapter 573, Health and Safety Code. This section does not impair the jurisdiction of the statutory county courts to review or alter the decision of the magistrate.

Sec. 54.2308. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The Commissioners Court of Fort Bend County shall provide:

(1) personnel for the legal or clerical functions necessary to perform the magistrate's duties authorized by this subchapter; and

(2) sufficient equipment and office space for the magistrate and personnel to perform the magistrate's essential functions.

Sec. 54.2309. SHERIFF. On request of a magistrate appointed under this subchapter, the sheriff, in person or by deputy, shall assist the magistrate.

Sec. 54.2310. CLERK. The district clerk or county clerk, as applicable, shall perform the statutory duties necessary for the magistrate appointed under this subchapter in cases filed in a district court and in cases filed in a statutory county court.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.