Bill Text: TX SB2254 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to creation of magistrates in Fort Bend County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-09 - Referred to Judiciary & Civil Jurisprudence [SB2254 Detail]
Download: Texas-2019-SB2254-Engrossed.html
By: Miles | S.B. No. 2254 |
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relating to creation of magistrates in Fort Bend County. | ||
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 | ||
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 magistrates appointed | ||
under Subchapter NN, Chapter 54, Government Code, 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, [ |
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magistrates appointed by the judges of the criminal district courts | ||
of Dallas County or Tarrant County, and the magistrates appointed | ||
by the judges of the statutory county courts and district courts of | ||
Fort Bend County that give preference to criminal cases; | ||
6. The county courts; | ||
7. All county courts at law with criminal jurisdiction; | ||
8. County criminal courts; | ||
9. Justice courts; | ||
10. Municipal courts; and | ||
11. The magistrates appointed by the judges of the district | ||
courts of Lubbock County. | ||
SECTION 3. Chapter 54, Government Code, is amended by | ||
adding Subchapter NN to read as follows: | ||
SUBCHAPTER NN. MAGISTRATES IN FORT BEND COUNTY | ||
Sec. 54.2301. AUTHORIZATION; APPOINTMENT; ELIMINATION. | ||
(a) The Commissioners Court of Fort Bend County may authorize the | ||
judges of the district courts and statutory county courts in Fort | ||
Bend County to appoint one or more part-time or full-time | ||
magistrates to perform the duties authorized by this subchapter. | ||
(b) The judges of the district courts and statutory county | ||
courts in Fort Bend County by a unanimous vote may appoint | ||
magistrates as authorized by the Commissioners Court of Fort Bend | ||
County. | ||
(c) An order appointing a magistrate must be signed by the | ||
local administrative judge of the district courts and the local | ||
administrative judge of the statutory county courts serving Fort | ||
Bend County, and the order must state: | ||
(1) the magistrate's name; and | ||
(2) the date the magistrate's employment is to begin. | ||
(d) An authorized magistrate's position may be eliminated | ||
on a majority vote of the Commissioners Court of Fort Bend County. | ||
Sec. 54.2302. QUALIFICATIONS; OATH OF OFFICE. (a) To be | ||
eligible for appointment as a magistrate, a person must: | ||
(1) be a resident of this state and the county; | ||
(2) have been licensed to practice law in this state | ||
for at least four years; | ||
(3) not have been removed from office by impeachment, | ||
by the supreme court, by the governor on address to the legislature, | ||
by a tribunal reviewing a recommendation of the State Commission on | ||
Judicial Conduct, or by the legislature's abolition of the judge's | ||
court; and | ||
(4) not have resigned from office after having | ||
received notice that formal proceedings by the State Commission on | ||
Judicial Conduct had been instituted as provided by Section 33.022 | ||
and before the final disposition of the proceedings. | ||
(b) A magistrate appointed under Section 54.2301 must take | ||
the constitutional oath of office required of appointed officers of | ||
this state. | ||
Sec. 54.2303. COMPENSATION. (a) A magistrate is entitled | ||
to the salary determined by the Commissioners Court of Fort Bend | ||
County. | ||
(b) A full-time magistrate's salary may not be less than | ||
that of a justice of the peace of Fort Bend County as established by | ||
the annual budget of Fort Bend County. | ||
(c) A part-time magistrate's salary is equal to the per-hour | ||
salary of a justice of the peace. The per-hour salary is determined | ||
by dividing the annual salary by a 2,000 work-hour year. The local | ||
administrative judge of the district courts serving Fort Bend | ||
County shall approve the number of hours to be paid a part-time | ||
magistrate. | ||
(d) A magistrate's salary is paid from the county fund | ||
available for payment of officers' salaries. | ||
Sec. 54.2304. JUDICIAL IMMUNITY. A magistrate has the same | ||
judicial immunity as a district judge. | ||
Sec. 54.2305. TERMINATION OF EMPLOYMENT. (a) A magistrate | ||
may be terminated by a majority vote of all the judges of the | ||
district courts and statutory county courts of Fort Bend County. | ||
(b) To terminate a magistrate's employment, the local | ||
administrative judge of the district courts and the local | ||
administrative judge of the statutory county courts serving Fort | ||
Bend County must sign a written order of termination. The order | ||
must state: | ||
(1) the magistrate's name; and | ||
(2) the final date of the magistrate's employment. | ||
Sec. 54.2306. DUTIES AND POWERS. (a) A magistrate shall | ||
inform the person arrested, in clear language, of the accusation | ||
against the person and of any affidavit filed with the accusation. | ||
A magistrate shall inform the person arrested of the person's right | ||
to retain counsel, to remain silent, to have an attorney present | ||
during any interview with a peace officer or an attorney | ||
representing the state, to terminate the interview at any time, and | ||
to request the appointment of counsel if the person is indigent and | ||
cannot afford counsel. The magistrate shall also inform the person | ||
arrested that the person is not required to make a statement and | ||
that any statement made by the person may be used against the | ||
person. The magistrate must allow the person arrested reasonable | ||
time and opportunity to consult counsel and shall admit the person | ||
arrested to bail if allowed by law. In addition to the powers and | ||
duties specified by this subsection, a magistrate has all other | ||
powers and duties of a magistrate specified by the Code of Criminal | ||
Procedure and other laws of this state. | ||
(b) A magistrate may determine the amount of bail and grant | ||
bail under Chapter 17, Code of Criminal Procedure, and as otherwise | ||
provided by law. | ||
(c) A magistrate shall be available, within 24 hours of a | ||
defendant's arrest, to determine probable cause for further | ||
detention, administer warnings, inform the accused of the pending | ||
charges, and determine all matters pertaining to bail. Magistrates | ||
shall be available to review and issue search warrants and arrest | ||
warrants as provided by law. | ||
(d) A magistrate may dispose of criminal cases filed in the | ||
justice court as provided by law and collect fines and enforce the | ||
judgments and orders of the justice courts in criminal cases. | ||
(e) A magistrate may enforce the judgments and orders of the | ||
statutory county courts in criminal cases. | ||
Sec. 54.2307. MENTAL HEALTH JURISDICTION. The judges of | ||
the statutory county courts of Fort Bend County may authorize a | ||
magistrate as necessary to hear emergency mental health matters | ||
under Chapter 573, Health and Safety Code. A magistrate has | ||
concurrent limited jurisdiction with the statutory county courts to | ||
hear emergency mental health matters under Chapter 573, Health and | ||
Safety Code. This section does not impair the jurisdiction of the | ||
statutory county courts to review or alter the decision of the | ||
magistrate. | ||
Sec. 54.2308. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The | ||
Commissioners Court of Fort Bend County shall provide: | ||
(1) personnel for the legal or clerical functions | ||
necessary to perform the magistrate's duties authorized by this | ||
subchapter; and | ||
(2) sufficient equipment and office space for the | ||
magistrate and personnel to perform the magistrate's essential | ||
functions. | ||
Sec. 54.2309. SHERIFF. On request of a magistrate | ||
appointed under this subchapter, the sheriff, in person or by | ||
deputy, shall assist the magistrate. | ||
Sec. 54.2310. CLERK. The district clerk or county clerk, as | ||
applicable, shall perform the statutory duties necessary for the | ||
magistrate appointed under this subchapter in cases filed in a | ||
district court and in cases filed in a statutory county court. | ||
SECTION 4. 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, 2019. |