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H.B. No. 1394
AN ACT
relating to the appointment of magistrates to serve the municipal
court of record in Kennedale.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 30, Government Code, is
amended by adding Section 30.001845 to read as follows:
Sec. 30.001845. MAGISTRATES. (a) The governing body may
appoint one or more magistrates in addition to magistrates provided
under Article 2.09, Code of Criminal Procedure.
(b) A magistrate does not have to possess all the
qualifications necessary to be a municipal court of record judge.
(c) A magistrate may not preside over the court or hear
contested cases.
(d) A magistrate may:
(1) conduct an arraignment;
(2) hold an indigency hearing;
(3) accept a plea;
(4) sign a judgment;
(5) set the amount of a bond; and
(6) perform other functions under Article 15.17, Code
of Criminal Procedure.
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 September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1394 was passed by the House on March
23, 2005, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1394 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor