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From the 2005 Regular Session of the Texas Legislature

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	S.B. No. 552



AN ACT



relating to the creation of magistrates
in Nolan County.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Chapter 54, Government Code,
is amended by adding Subchapter BB to read as follows:






Sec. 54.1701.  AUTHORIZATION; APPOINTMENT;
ELIMINATION.  (a)  The Commissioners Court of Nolan
County may authorize the judge of the district court
to appoint one or more part-time or full-time magistrates
to perform the duties authorized by this subchapter
in Nolan County.


(b)  The judge may appoint magistrates
as authorized by the Commissioners Court of Nolan County.


(c)  A magistrate serves at the will
of the judge.


(d)  An authorized magistrate's position
may be eliminated on a majority vote of the Commissioners
Court of Nolan County.


Sec. 54.1702.  QUALIFICATIONS.  To be
eligible for appointment as a magistrate, a person
must:


	(1)  be a citizen of the United States;


	(2)  have resided in Nolan County for
at least the two years preceding the person's appointment;
and


	(3)  have been licensed to practice
law in this state for at least four years preceding
the date of appointment.


Sec. 54.1703.  COMPENSATION.  A magistrate
is entitled to the salary determined by the Commissioners
Court of Nolan County.  The magistrate's salary is
paid from the county fund available for payment of
officers' salaries.


Sec. 54.1704.  JUDICIAL IMMUNITY.  A
magistrate has the same judicial immunity as a district
judge.


Sec. 54.1705.  JURISDICTION; RESPONSIBILITY;
POWERS.  (a)  To the extent authorized by this subchapter,
a magistrate has jurisdiction to exercise the authority
granted by the judge of the district court.


(b)  A magistrate has all of the powers
of a magistrate under the laws of this state and may
administer an oath for any purpose.


(c)  A magistrate shall give preference
to performing the duties of a magistrate under Article
15.17, Code of Criminal Procedure.


(d)  A magistrate is authorized to:


	(1)  set, adjust, and revoke bonds before
the filing of an information or the return of an indictment;


	(2)  conduct examining trials;


	(3)  determine whether a defendant is
indigent and appoint counsel for an indigent defendant;


	(4)  issue search and arrest warrants;
and


	(5)  conduct juvenile detention hearings
as authorized by Section 51.04(f), Family Code.


(e)  A magistrate may:


	(1)  issue notices of the setting of
a case for a hearing;


	(2)  conduct hearings;


	(3)  compel production of evidence;


	(4)  hear evidence;


	(5)  issue summons for the appearance
of witnesses;


	(6)  swear witnesses for hearings;


	(7)  regulate proceedings in a hearing;
and


	(8)  perform any act and take any measure
necessary and proper for the efficient performance
of the duties required by the magistrate's jurisdiction
and authority.


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 magistrates 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 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 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 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, 2005.





______________________________    ______________________________



President of
the Senate             Speaker of the House



I hereby certify that S.B. No. 552 passed
the Senate on March 31, 2005, by the following vote:
 Yeas 30, Nays 0; and that the Senate concurred in
House amendment on May 12, 2005, by the following vote:
 Yeas 31, Nays 0.




______________________________


    Secretary of the Senate




I hereby certify that S.B. No. 552 passed
the House, with amendment, on May 9, 2005, by the following
vote:  Yeas 144, Nays 0, three present not voting.




______________________________


    Chief Clerk of the House




Approved:


______________________________


             Date


______________________________


           Governor