By: Hayes H.B. No. 4703
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation and administration of and practice in and
  grants provided by courts in the judicial branch of state
  government.
         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
  magistrates appointed by the Denton Council of Judges, 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
  Collin County Commissioners Court, the magistrates appointed by the
  Fort Bend County Commissioners Court, the associate district and
  county criminal court judges and designated magistrates appointed
  by the district and county criminal court judges of Denton County;
  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;
               6.  The county courts;
               7.  All county courts at law with criminal
  jurisdiction;
               8.  County criminal courts;
               9.  Justice courts;
               10.  Municipal courts;
               11.  The magistrates appointed by the judges of the
  district courts of Lubbock County;
               12.  The magistrates appointed by the Denton Council of
  Judges;
               13.  The magistrates appointed by the Collin County
  Commissioners Court;
               14.  The magistrates appointed by the Brazoria County
  Commissioners Court or the local administrative judge for Brazoria
  County; and
               15.  The magistrates appointed by the judges of the
  district courts of Denton County; and,
               16.  The associate district and county criminal judge,
  jail magistrate, and designated county magistrates appointed by the
  District and County Criminal Courts of Denton County.
         SECTION 3.  Chapter 54, Government Code, is amended by
  adding Subchapter RR to read as follows:
  SUBCHAPTER RR. DENTON COUNTY CRIMINAL LAW MAGISTRATE COURT
         Sec. 54.2701.  CREATION. The Denton County Criminal Law
  Magistrate Court is a court with the jurisdiction provided by this
  subchapter.
         Sec. 54.2702.  CRIMINAL LAW MAGISTRATE COURT. (a) The
  Denton County criminal law magistrate court is composed of the
  district judges, county criminal court judges, associate district
  and county criminal judges, the county court at law judge with
  juvenile jurisdiction, appointed jail magistrates, and any
  municipal judges of municipal courts of record within Denton County
  or justice of the peace judges:
               (1)  that have been specifically identified and
  designated by joint standing order of the district and county
  criminal court judges of Denton County;
               (2)  who are an attorney in good standing with the State
  Bar of Texas, and,
               (3)  which have attended all necessary training and
  received any certification required to access criminal history
  information or serve as a magistrate.
         (b)  The district court judges and county criminal court
  judges of Denton County shall supervise the criminal law magistrate
  court and ensure that the magistrate court gives preference to
  magistrate duties, as set forth under Chapters 14, 15 16, 17 and 18
  of the Texas Code of Criminal Procedure.
         (c)  An associate district and county criminal court judge
  designated by the district and county criminal judges shall preside
  over the Denton County magistrate criminal law court.
         (d)  All judges or magistrates performing duties for the
  Denton County criminal law magistrate court shall comply with any
  standing orders or directives issued by the district or county
  criminal court judges, or by the presiding associate criminal judge
  as those orders apply to criminal defendants or offenses that have
  not been filed by indictment or information in a district or county
  criminal court of Denton County.
         Sec. 54.2703.  JURISDICITON OF CRIMINAL LAW MAGISTRATE
  COURT. (a) Except as provided by Subsection (b), the criminal law
  magistrate court has the criminal jurisdiction provided by the
  constitution and laws of the state, and has the authority to perform
  all duties of a magistrate, including, but not limited to
  determinations of probable cause, issuing orders of commitment,
  warrants of arrest, performing all magisterial duties required
  under Chapters 14, 15, 16, 17 and 18 of the Texas Code of Criminal
  Procedure, and may modify, reduce or hold bond to be insufficient or
  take any action as to any criminal offense alleged to have occurred
  in Denton County, and which remains "pending" as defined under
  Subsection(b) of this section.
         (b)  "Pending" for the purpose of magisterial processes,
  means any class "B" or class "A" misdemeanor, or any felony criminal
  offense alleged to have been committed in Denton County for which:
               (1)  probable cause has been found by any magistrate or
  judge for Denton County or any other county; 
               (2)  the defendant has either been released on bail and
  is no longer in custody, or if still in custody, has been delivered
  or transferred into the custody of the Denton County Sheriff or his
  Deputies; and,
               (3)  the criminal offense or charge for which the
  defendant was arrested has not been filed by formal indictment in a
  district court or by information in a county criminal court, or
  otherwise been disposed by dismissal, judgement, conviction or
  acquittal.
         (c)  The criminal law magistrate court does not have
  jurisdiction to modify, reduce or hold bond to be insufficient or
  take any action in a criminal offense or matter filed by indictment
  in a Denton County District Court or by information or complaint in
  a County Criminal Court of Denton County, without express referral
  by the judge of the court in which the matter has been filed.
         Sec. 54.2704.  ASSIGNMENT OF MAGISTERIAL AUTHORITY. (a)
  The Denton County criminal law magistrate court shall have the
  authority to consider all motions and take any action necessary in
  any criminal matter that is pending as defined in Sec. 54.2703(b) of
  this chapter.
         (b)  With the consent of the judge or magistrate before whom
  the defendant first appeared after arrest, continuing magisterial
  authority related to a defendant or the offense for which they have
  been arrested or charged shall be conferred, assigned and
  transferred to a district or county judge, or a magistrate of the
  criminal law magistrate court upon the:
               (1)  filing of a true bill of indictment by a Denton
  County grand jury in a felony offense, or information by the
  district attorney in a misdemeanor offense;
               (2)  physical transfer and delivery of a defendant into
  the custody of the Denton County Sheriff, his deputies, or the
  surrender of the defendant to the Denton County Jail; or,
               (3)  filing of a bail bond, other instrument, or cash
  tendered to secure the defendant's release from custody with the
  Denton County Sheriff, or his designee.
         (c)  Upon the occurrence of one of the events listed in
  (c)(1), (c)(2) or (c)(3) of this subsection, a judge or magistrate
  of the criminal law magistrate court may set bail, issue orders of
  protection, issue conditions of bond, or modify, reduce, increase,
  hold bond insufficient, or consider any motion or request related
  to the disposition of a defendant's case prior to filing by
  indictment in a district court or information or complaint in a
  district or county criminal court.
         Sec. 54.2705.  APPOINTMENT OF ASSOCIATE JUDGE. (a) The
  judges of the district and county criminal courts of Denton County,
  with the consent and approval of the Commissioner's Court of Denton
  County, may jointly appoint an associate district and county
  criminal court judge, as necessary to perform the duties authorized
  by this subchapter.
         (b)  Appointment of the associate district and county
  criminal court judge must be made with the approval of at least
  two-thirds of all the judges described in Subsection (a).
         (c)  The associate district and county criminal court judge
  will serve all district and county criminal courts of Denton
  County.
         (d)  The associate district and county criminal court judge
  shall preside over the criminal law magistrate court.
         (e)  The associate district and county criminal court judge
  may be referred to as the "associate criminal judge."
         Sec. 54.2706.  APPOINTMENT OF FULL-TIME JAIL MAGISTRATE.
  (a) The judges of the district and county criminal courts of Denton
  County, with the consent and approval of the commissioners court of
  Denton County, may appoint and designate by joint standing order,
  one or more full-time criminal "jail magistrates."
         (b)  A jail magistrate shall conduct magistrate duties as
  required by the Texas Constitution, Texas Code of Criminal
  procedure and relevant laws related to defendants in the custody of
  the Denton County Sheriff and which have not been filed by
  indictment in a district court or by information in a county
  criminal court.
         (c)  A jail magistrate shall devote such time as is necessary
  to ensure that magistrate duties are performed within the time
  requirements set forth by Art. 15.17 of the Texas Code of Criminal
  Procedure or other statutes related to magistrate duties.
         (d)  A jail magistrate serves at the direction of the
  presiding associate criminal judge and may perform any other
  magisterial actions or duties assigned by order of referral.
         Sec. 54.2707.  APPOINTMENT OF DESIGNATED COUNTY
  MAGISTRATES. (a) The judges of the district and county criminal
  courts of Denton County shall appoint and designate by joint
  standing order, one or more contract or part-time criminal
  magistrates, as defined by Art. 2.09 of the Texas Code of Criminal
  Procedure, to perform the duties of a magistrate for defendants in
  the custody of the Denton County Sheriff, or who are being held in a
  detention facility or jail under the control of the Denton County
  Sheriff. The district and county criminal judges may appoint one or
  more designated county magistrates to perform magistrate duties in
  the county jail on weekends, holidays or weekdays as assigned.
         (b)  The presiding associate district and county criminal
  court judge shall, as necessary to fulfill the County's needs,
  recommend for consideration, approval or denial any qualified
  persons currently serving as appointed or elected magistrates for a
  district, county, justice or municipal court, and who meet the
  qualifications as set forth by this chapter.
         (c)  The presiding associate district and county criminal
  court judge shall supervise, assign and shall periodically report
  the activities of the jail magistrate or designated county
  magistrates to the district and county criminal judges of Denton
  County. Upon good cause, the presiding associate criminal court
  judge may recommend removal of any magistrate appointed or
  designated under this chapter.
         (d)  A designated county magistrate may be assigned to serve
  as a magistrate on weekends, holidays or by assignment of the
  associate criminal judge in the Denton County jail as necessary.
         Sec. 54.2708.  QUALIFICATIONS. (a) To be eligible for
  appointment as an associate district and county criminal court
  judge, a full-time jail magistrate, or a designated county
  magistrate for Denton County, a person must:
               (1)  be a resident of Denton County, and of this state
  for at least two (2) years prior to appointment; and
               (2)  have been licensed to practice law in this state
  for at least four years.
         (b)  In addition to the qualification set for under
  subsection (b), a designated county magistrate shall be a sitting
  elected or appointed judge of a district, county, justice or
  municipal court of record in Denton County at the time of their
  appointment.
         Sec. 54.2709.  COMPENSATION. (a) An associate district and
  county criminal court judge, jail magistrate, or a designated
  county magistrate is entitled to salary or compensation as
  determined by the commissioners court of Denton County.
         (b)  An associate district and county criminal court judge's
  salary, jail magistrate's salary, or compensation paid to any
  designated county magistrate shall be paid from the county fund
  available for payment of officers' salaries.
         Sec. 54.2710.  JUDICIAL IMMUNITY. An associate district and
  county criminal court judge, a jail magistrate, or any designated
  county magistrate shall have the same judicial immunity as a
  district judge.
         Sec. 54.2711.  TERMINATION OF SERVICES. (a) An associate
  district and county criminal court judge or a full-time jail
  magistrate, may be terminated by a two-thirds (2/3) majority vote
  of all the judges whom the associate judge serves.
         (b)  A designated county magistrate serves only by
  assignment or referral of the associate criminal judge in his or her
  capacity as the presiding judge of the criminal law magistrate
  court 
         Sec. 54.2712.  PROCEEDING THAT MAY BE REFERRED TO AN
  ASSOCIATE JUDGE. (a) A judge of a district or county criminal
  court, or the county court at law judge with juvenile jurisdiction,
  may refer to an associate district and county criminal court judge
  any matter arising out of a criminal case involving:
               (1)  a negotiated plea of guilty or no contest 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 civil commitment matter under Subtitle C, Title
  7, Health and Safety Code;
               (10)  setting, adjusting, or revoking bond;
               (11)  a waiver of extradition or related matter under
  Chapter 51 of the Texas Code of Criminal Procedure;
               (12)  the issuance of search warrants, including a
  search warrant under Article 18.02(a)(10), Code of Criminal
  Procedure, notwithstanding Article 18.01(c), Code of Criminal
  Procedure; and
               (13)  any other matter the judge considers necessary
  and proper.
               (12)  conduct initial juvenile detention hearings or
  any other juvenile case actions as deemed appropriate, if assigned
  by the presiding judge with juvenile jurisdiction, and, if approved
  by the Denton County Juvenile Board.
         (b)  An associate judge may select a jury. Except as
  provided in Subsection (a), an associate judge may not preside over
  a trial on the merits, whether or not the trial is before a jury.
         (c)  An associate judge has all of the powers of a magistrate
  under the laws of this state and may administer an oath for any
  purpose.
         (d)  A judge of a court designated a juvenile court may refer
  to an associate district and county criminal judge any proceeding
  over which a juvenile court has exclusive original jurisdiction
  under Title 3, Family Code, including any matter ancillary to the
  proceeding. An associate district and county criminal court judge
  may accept a plea of guilty for a misdemeanor or felony or a plea of
  true from a defendant or juvenile, regardless of the classification
  of the offense charged or the conduct alleged;
         Sec. 54.2713.  ORDER OF REFERRAL. (a) To refer one or more
  cases to an associate district and county criminal court judge, a
  judge must issue an order of referral specifying the associate
  criminal judge's duties. An order of referral may be limited to
  specific cases or dockets, or may be for a designated term of court.
         (b)  An order of referral may limit the powers of the
  associate judge as specifically set forth in Texas Government Code,
  Chapter 54A.007(b).
         Sec. 54.2714.  POWERS OF ASSOCIATE DISTRICT AND COUNTY
  CRIMINAL JUDGE. (a) Except as limited by an order of referral, an
  associate district and county criminal court judge to whom a case is
  referred may:
               (1)  conduct hearings;
               (2)  hear evidence;
               (3)  compel production of relevant evidence;
               (4)  rule on admissibility of evidence;
               (5)  issue summons for the appearance of witnesses;
               (6)  examine witnesses;
               (7)  swear witnesses for hearings;
               (8)  make findings of fact on evidence;
               (9)  formulate conclusions of law;
               (10)  rule on a pretrial motion;
               (11)  recommend the rulings, orders, or judgment to be
  made in a case;
               (12)  regulate proceedings in a hearing;
               (13)  accept a plea of guilty from a defendant charged
  with misdemeanor, felony, or both misdemeanor and felony offenses;
               (14)  select a jury;
               (15)  accept a negotiated plea on probation revocation;
               (16)  conduct a contested probation revocation
  hearing;
               (17)  sign a dismissal in a misdemeanor case;
               (18)  in any case referred under Section 54.656(a)(1),
  accept a negotiated plea of guilty or no contest and:
                     (A)  enter a finding of guilty and impose or
  suspend the sentence; or
                     (B)  defer adjudication of guilty; and
               (19)  perform any act and take any measure necessary
  and proper for the efficient performance of the duties required by
  the order of referral.
         (b)  An associate district and county criminal court judge
  may sign a motion to dismiss submitted by an attorney representing
  the state on cases referred to the associate district and county
  criminal court judge, or on dockets called by the associate
  district and county criminal court judge, and may consider
  adjudicated cases at sentencing under Section 12.45, Penal Code.
         (c)  An associate district and county criminal court judge
  has all the powers of a magistrate under the laws of this state and
  may administer an oath for any purpose.
         Sec. 54.2715.  FORFEITURES. Bail bonds and personal bonds
  may be forfeited by the associate criminal judge 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. 54.2716.  PAPERS TRANSMITTED TO JUDGE. At the
  conclusion of the proceedings, an associate district and county
  criminal court judge shall transmit to the referring court any
  papers relating to the case, including the an associate district
  and county criminal court judge findings, conclusions, orders,
  recommendations, or other action taken.
         Sec. 54.2717.  JUDICIAL ACTION. (a) A referring court may
  modify, correct, reject, reverse, or recommit for further
  information any action taken by the associate district and county
  criminal court judge.
         (b)  If the court does not modify, correct, reject, reverse,
  or recommit an action of the associate district and county criminal
  court judge, the action becomes the decree of the court.
         Sec. 54.2718.  POWERS OF FULL-TIME MAGISTRATE AND DESIGNATED
  JAIL MAGISTRATES. (a) A full-time jail magistrate or a designated
  county jail magistrate have all of the powers of a magistrate under
  the laws of this state, and may administer an oath for any purpose.
         (a)  A full-time jail magistrate and any designated county
  jail magistrates shall give preference to performing the duties of
  a magistrate under Article 15.17, Code of Criminal Procedure.
         (b)  A full-time jail magistrate and any designated county
  jail magistrates may specifically:
               (1)  consider sworn complaints or affidavits of
  probable cause, and enter orders of release or commitment.
               (2)  conduct magistrate hearings as required by Texas
  Code of Criminal Procedure Art. 15.17, provide warnings and advise
  defendants of right to counsel and inquire as to indigency or need
  for appointed counsel;
               (3)  set, adjust, and revoke bonds before the filing of
  an information or the return of an indictment;
               (4)  issue conditions of bond;
               (5)  conduct examining trials;
               (6)  inquire as to a defendant's financial status or
  claim of indigency and recommend appointment of counsel;
               (7)  issue search and arrest warrants;
               (8)  issue emergency protective orders;
               (9)  with the express authorization of a justice of the
  peace, a magistrate may exercise concurrent criminal jurisdiction
  with the justice of the peace to dispose as provided by law of cases
  filed in the precinct of the authorizing justice of the peace.
         (c)  A full-time jail magistrate has all of the powers listed
  in subsection (a) above, and has the express authority and duty to:
               (1)  order the release of a defendant based on
  extraordinary medical conditions;
               (2)  consider information and make further inquiries as
  to a defendant's mental health status;
               (3)  issue orders or writs necessary for further
  evaluation, treatment and accommodations for mental health care;
  and,
               (4)  communicate with Denton County's local mental
  health authority or qualified mental health professional to provide
  continuing care.
         Sec. 54.2717.  EXCHANGE OF BENCHES. (a) The judges of the
  criminal law magistrate court may exchange benches and may sit and
  act for each other in any proceeding pending in the criminal law
  magistrate court.
         (b)  When conducting a capias pro fine hearing for any court,
  the criminal law magistrate court acts in the same capacity and with
  the same authority as the judge who issued the capias pro fine.
         Sec. 54.2718.  COURT REPORTER. At the request of a party in
  a criminal case, the court shall provide a court reporter to record
  the proceedings before the associate district and county criminal
  court judge.
         Sec. 54.2719.  WITNESS. (a) A witness who appears before an
  associate district and county criminal court judge, a jail
  magistrate, or a designated county magistrate, is sworn and 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. 54.2720.  CLERK. (a) The district clerk serves as
  clerk of the Denton County Criminal Magistrate Court, except that:
               (1)  after a Class A or Class B misdemeanor is filed in
  a county criminal court, the county 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 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. 54.2721.  COSTS. (a) When the district clerk is the
  clerk under this subchapter, the district clerk shall charge the
  same court costs for cases filed, transferred to, or assigned to the
  criminal law 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 criminal law
  magistrate court that are charged in the county courts.
         SECTION 4.  This Act takes effect September 1, 2023.