Bill Text: TX HB2180 | 2015-2016 | 84th Legislature | Introduced

Texas House Bill 2180 (Prior Session Legislation)

Introduced

Bill Title: Relating to the creation of criminal law magistrates for Galveston County.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-03-12 - Referred to Judiciary & Civil Jurisprudence [HB2180 Detail]

Download: Texas-2015-HB2180-Introduced.html

	84R9180 YDB-D

	By: Faircloth	H.B. No. 2180



	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of criminal law magistrates for Galveston
	County.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 54, Government Code, is amended by
	adding Subchapter LL to read as follows:
	SUBCHAPTER LL. GALVESTON COUNTY CRIMINAL MAGISTRATES
	Sec. 54.2051. APPOINTMENT. (a) The Commissioners Court of
	Galveston County may select magistrates to serve the courts of
	Galveston County having jurisdiction in criminal matters.
	(b) The commissioners court shall establish the minimum
	qualifications, salary, benefits, and other compensation of each
	magistrate position and shall determine whether the position is
	full-time or part-time. The qualifications must require the
	magistrate to have served as a justice of the peace or be an
	attorney licensed in this state.
	(c) A magistrate appointed under this section serves at the
	pleasure of the commissioners court.
	Sec. 54.2052. JURISDICTION. A magistrate has concurrent
	criminal jurisdiction with the judges of the justice of the peace
	courts of Galveston County.
	Sec. 54.2053. POWERS AND DUTIES. (a) The Commissioners
	Court of Galveston County shall establish the powers and duties of a
	magistrate appointed under this subchapter. Except as otherwise
	provided by the commissioners court, a magistrate has the powers of
	a magistrate under the Code of Criminal Procedure and other laws of
	this state and may administer an oath for any purpose.
	(b) A magistrate shall give preference to performing the
	duties of a magistrate under Article 15.17, Code of Criminal
	Procedure.
	(c) The commissioners court may designate one or more
	magistrates to hold regular hearings to:
	(1) give admonishments;
	(2) set and review bail and conditions of release;
	(3) appoint legal counsel; and
	(4) determine other routine matters relating to
	preindictment or pending cases within those courts' jurisdiction.
	(d) In the hearings provided under Subsection (c), a
	magistrate shall give preference to the case of an individual held
	in county jail.
	(e) A magistrate may inquire into a defendant's intended
	plea to the charge and set the case for an appropriate hearing
	before a judge or master.
	Sec. 54.2054. JUDICIAL IMMUNITY. A magistrate has the same
	judicial immunity as a district judge.
	Sec. 54.2055. WITNESSES. (a) A witness who is sworn and
	who appears before a magistrate is subject to the penalties for
	perjury and aggravated perjury provided by law.
	(b) A referring court may fine or imprison a witness or
	other court participant for failure to appear after being summoned,
	refusal to answer questions, or other acts of direct contempt
	before a magistrate.
	SECTION 2. 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
	criminal magistrates appointed by the Galveston 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 justices of the peace, and the mayors and
	recorders and the judges of the municipal courts of incorporated
	cities or towns.
	SECTION 3. 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, 2015.