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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of magistrates in Fort Bend County. |
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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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county judges, the judges of the county courts at law, judges of the |
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county 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 magistrates appointed |
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under Subchapter NN, Chapter 54, Government Code, the justices of |
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the peace, and the mayors and recorders and the judges of the |
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municipal courts 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 |
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magistrates appointed by the judges of the criminal district courts |
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of Dallas County or Tarrant County, and the magistrates appointed |
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by the judges of the statutory county courts and district courts of |
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Fort Bend County that give preference to criminal cases; |
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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. |
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SECTION 3. Chapter 54, Government Code, is amended by |
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adding Subchapter NN to read as follows: |
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SUBCHAPTER NN. MAGISTRATES IN FORT BEND COUNTY |
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Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION. |
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(a) The Commissioners Court of Fort Bend County may authorize the |
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judges of the district courts and statutory county courts in Fort |
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Bend County to appoint one or more part-time or full-time |
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magistrates to perform the duties authorized by this subchapter. |
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(b) The judges of the district courts and statutory county |
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courts in Fort Bend County by a unanimous vote may appoint |
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magistrates as authorized by the Commissioners Court of Fort Bend |
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County. |
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(c) An order appointing a magistrate must be signed by the |
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local administrative judge of the district courts and the local |
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administrative judge of the statutory county courts serving Fort |
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Bend 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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(d) An authorized magistrate's position may be eliminated |
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on a majority vote of the Commissioners Court of Fort Bend County. |
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Sec. 54.2302. 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 this state and the county; |
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(2) have been licensed to practice law in this state |
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for at least four years; |
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(3) not have been removed from office by impeachment, |
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by the supreme court, by the governor on address to the legislature, |
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by a tribunal reviewing a recommendation of the State Commission on |
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Judicial Conduct, or by the legislature's abolition of the judge's |
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court; and |
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(4) not have resigned from office after having |
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received notice that formal proceedings by the State Commission on |
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Judicial Conduct had been instituted as provided by Section 33.022 |
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and before the final disposition of the proceedings. |
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(b) A magistrate appointed under Section 54.2301 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. 54.2303. COMPENSATION. (a) A magistrate is entitled |
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to the salary determined by the Commissioners Court of Fort Bend |
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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 Fort Bend County as established by |
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the annual budget of Fort Bend 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 Fort Bend |
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County shall approve the number of hours to be paid a part-time |
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magistrate. |
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(d) A magistrate's salary is paid from the county fund |
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available for payment of officers' salaries. |
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Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same |
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judicial immunity as a district judge. |
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Sec. 54.2305. 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 courts and statutory county courts of Fort Bend County. |
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(b) To terminate a magistrate's employment, the local |
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administrative judge of the district courts and the local |
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administrative judge of the statutory county courts serving Fort |
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Bend County must sign a written order of termination. The order |
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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. 54.2306. DUTIES AND POWERS. (a) A magistrate shall |
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inform the person arrested, in clear language, of the accusation |
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against the person and of any affidavit filed with the accusation. |
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A magistrate shall inform the person arrested of the person's right |
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to retain counsel, to remain silent, to have an attorney present |
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during any interview with a peace officer or an attorney |
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representing the state, to terminate the interview at any time, and |
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to request the appointment of counsel if the person is indigent and |
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cannot afford counsel. The magistrate shall also inform the person |
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arrested that the person is not required to make a statement and |
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that any statement made by the person may be used against the |
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person. The magistrate must allow the person arrested reasonable |
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time and opportunity to consult counsel and shall admit the person |
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arrested to bail if allowed by law. In addition to the powers and |
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duties specified by this subsection, a magistrate has all other |
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powers and duties of a magistrate specified by the Code of Criminal |
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Procedure and other laws of this state. |
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(b) A magistrate may determine the amount of bail and grant |
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bail under Chapter 17, Code of Criminal Procedure, and as otherwise |
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provided by law. |
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(c) A magistrate shall be available, within 24 hours of a |
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defendant's arrest, to determine probable cause for further |
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detention, administer warnings, inform the accused of the pending |
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charges, and determine all matters pertaining to bail. Magistrates |
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shall be available to review and issue search warrants and arrest |
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warrants as provided by law. |
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(d) A magistrate may dispose of criminal cases filed in the |
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justice court as provided by law and collect fines and enforce the |
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judgments and orders of the justice courts in criminal cases. |
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(e) A magistrate may enforce the judgments and orders of the |
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statutory county courts in criminal cases. |
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Sec. 54.2307. MENTAL HEALTH JURISDICTION. The judges of |
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the statutory county courts of Fort Bend County may authorize a |
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magistrate as necessary to hear emergency mental health matters |
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under Chapter 573, Health and Safety Code. A magistrate has |
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concurrent limited jurisdiction with the statutory county courts to |
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hear emergency mental health matters under Chapter 573, Health and |
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Safety Code. This section does not impair the jurisdiction of the |
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statutory county courts to review or alter the decision of the |
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magistrate. |
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Sec. 54.2308. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The |
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Commissioners Court of Fort Bend 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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subchapter; 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. 54.2309. 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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Sec. 54.2310. CLERK. The district clerk or county clerk, as |
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applicable, shall perform the statutory duties necessary for the |
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magistrate appointed under this subchapter in cases filed in a |
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district court and in cases filed in a statutory county court. |
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SECTION 4. 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. |
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