| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of magistrates in Maverick County. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 54, Government Code, is amended by |
|
|
adding Subchapter RR to read as follows: |
|
|
SUBCHAPTER RR. MAVERICK COUNTY MAGISTRATES |
|
|
Sec. 54.2701. APPOINTMENT. (a) The Commissioners Court of |
|
|
Maverick County may select magistrates to serve the justice courts |
|
|
of the county. |
|
|
(b) The commissioners court shall establish the salary, |
|
|
benefits, and other compensation of each magistrate position and |
|
|
shall determine whether the position is full-time or part-time. |
|
|
(c) A magistrate appointed under this subchapter serves at |
|
|
the pleasure of the commissioners court. |
|
|
Sec. 54.2702. JURISDICTION. A magistrate appointed under |
|
|
this subchapter has concurrent jurisdiction with the justices of |
|
|
the justice of the peace courts of Maverick County. |
|
|
Sec. 54.2703. POWERS AND DUTIES. (a) The Commissioners |
|
|
Court of Maverick County shall establish the powers and duties of a |
|
|
magistrate appointed under this subchapter. |
|
|
(b) An order of referral may limit the use or power of a |
|
|
magistrate. |
|
|
(c) Unless limited by published local rule, by written |
|
|
order, or by an order of referral, a magistrate may perform all acts |
|
|
and take all measures necessary and proper to perform the tasks |
|
|
assigned in a referral. |
|
|
(d) A magistrate may administer oaths. |
|
|
Sec. 54.2704. JUDICIAL IMMUNITY. A magistrate has the same |
|
|
judicial immunity as a district judge. |
|
|
Sec. 54.2705. TRAINING. A magistrate appointed under this |
|
|
subchapter must successfully complete all training a justice of the |
|
|
peace is required to complete under state law. |
|
|
Sec. 54.2706. FAILURE TO COMPLY WITH SUMMONS OR ORDER. If |
|
|
an attorney, party, witness, or any other person fails to comply |
|
|
with a summons or order, the magistrate may certify that failure in |
|
|
writing to the referring court for appropriate action. |
|
|
Sec. 54.2707. WITNESSES. (a) A witness appearing before a |
|
|
magistrate is subject to the penalties of perjury as provided by |
|
|
Chapter 37, Penal Code. |
|
|
(b) A witness referred to the court under Section 54.2706 is |
|
|
subject to the same penalties and orders that may be imposed on a |
|
|
witness appearing in a hearing before the court. |
|
|
SECTION 2. 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 on the 91st day after the last day of the |
|
|
legislative session. |