Bill Text: TX HB117 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 117 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of magistrates in Maverick County.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-08-09 - Filed [HB117 Detail]

Download: Texas-2021-HB117-Introduced.html

	87S20464 CAE-D

	By: Morales of Maverick	H.B. No. 117



	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.