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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:
SUBCHAPTER BB. MAGISTRATES IN NOLAN COUNTY
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