Bill Text: TX HB302 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of magistrates in Maverick County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-29 - Filed [HB302 Detail]
Download: Texas-2021-HB302-Introduced.html
| 87S11197 CAE-D | ||
| By: Morales of Maverick | H.B. No. 302 | |
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| 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. | ||
