Baker's Legal Pages are a public service of Freelance Enterprises, Inc.

From the 2005 Regular Session of the Texas Legislature

(This file was created by automatic conversion software.

See caveat and source notes at the 79th Regular Session page)

Select display:

show added and deleted text (text of bill as enacted)
hide deleted text (text in effect after effective date of bill)
hide added text (text in effect before effective date of bill)



	H.B. No. 3541



AN ACT



relating to the powers and duties of magistrates
in Brazos 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 magistrates appointed by the judges of the
district courts of Lubbock County or Webb County, the
magistrates appointed by the judges of the criminal
district courts of Dallas County or Tarrant County,
the masters appointed by the judges of the district
courts and the county courts at law that give preference
to criminal cases in Jefferson County, the magistrates
appointed by the judges of the district courts and
the statutory county courts of Brazos 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 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 Subchapter G, 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.  Section 54.1106, Government
Code, is amended by amending Subsections (a), (b),
and (d) and adding Subsection (c-1) to read as follows:


(a)  A judge of a court authorized by the
Commissioners Court of Brazos County to refer criminal
cases may refer to a magistrate any criminal case for
proceedings involving:


	(1)  a bond forfeiture;


	(2)  the arraignment of defendants;


	(3)  a determination of whether a defendant
is indigent and, if so, the appointment of counsel
for the defendant;  and


	(4)  a negotiated plea of guilty or
no contest and sentencing;


	(5)  a pretrial motion;


	(6)  an examining trial;


	(7)  an application for a writ of habeas
corpus;


	(8)  issuance of an arrest warrant or
a search warrant;


	(9)  setting of bonds;


	(10)  a motion to increase or decrease
a bond;


	(11)  a motion to proceed with adjudication;


	(12)  a motion to modify or revoke community
supervision;


	(13)  a drug court proceeding;


	(14)  an occupational driver's license;
or


	(15)  any other matter the judge considers
necessary and proper before the court.


(b)  A judge of a court having family law
jurisdiction may refer to a magistrate any matter that
may be referred to an associate judge under Subchapter
A, Chapter 201, Family Code, or a referee under Title
3, Family Code a master appointed under
the Family Code or this chapter.


(c-1)  A judge of a court with jurisdiction
over a delinquent tax suit may refer to a magistrate
any matter that may be referred to a tax master under
Subtitle E, Title 1, Tax Code.


(d)  A magistrate may not preside over
a trial on the merits , regardless of whether
the trial is before a jury. With the written
consent of the parties and the approval of the referring
judge, a magistrate may preside over a bench trial
on the merits.


SECTION 3.  This Act takes effect September
1, 2005.




______________________________	______________________________


   President of the Senate	Speaker of the
House      


I certify that H.B. No. 3541 was passed
by the House on May 9, 2005, by a non-record vote.



______________________________




Chief Clerk of the
House   



I certify that H.B. No. 3541 was passed
by the Senate on May 25, 2005, by the following vote:
 Yeas 31, Nays 0.



______________________________




Secretary of the Senate
   



APPROVED:  _____________________


                    Date          


           _____________________


                  Governor