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AN ACT
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relating to the appointment of an associate judge to serve a |
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district court in Brazoria County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Government Code, is amended by |
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adding Subchapter II to read as follows: |
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SUBCHAPTER II. ASSOCIATE JUDGES IN BRAZORIA COUNTY |
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Sec. 54.1901. APPLICATION. This subchapter applies to a |
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district court in Brazoria County. |
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Sec. 54.1902. APPOINTMENT. The judge of a district court |
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subject to this subchapter may appoint one or more associate judges |
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to perform the duties authorized by this subchapter, Subchapter GG, |
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and Chapter 201, Family Code. |
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Sec. 54.1903. POWERS. An associate judge appointed under |
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this chapter has the powers provided by this subchapter, Subchapter |
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GG, and Chapter 201, Family Code. |
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Sec. 54.1904. PROCEEDINGS THAT MAY BE REFERRED. (a) A |
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judge of a court may refer to an associate judge: |
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(1) any civil case authorized under Section 201.005, |
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Family Code, or Title 3, Family Code; |
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(2) any criminal case for proceedings involving: |
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(A) a negotiated plea of guilty before the court; |
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(B) a bond forfeiture; |
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(C) a pretrial motion; |
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(D) a postconviction writ of habeas corpus; |
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(E) an examining trial; and |
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(F) any other matter the judge considers |
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necessary and proper; and |
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(3) any drug court proceeding authorized under |
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Subchapter GG. |
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(b) An associate judge may not preside over a criminal trial |
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on the merits, whether or not the trial is before a jury. |
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Sec. 54.1905. JUDICIAL IMMUNITY. An associate judge |
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appointed under this subchapter has the same judicial immunity as a |
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district judge. |
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SECTION 2. Article 2.09, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.09. WHO ARE MAGISTRATES. Each of the following |
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officers is a magistrate within the meaning of this Code: The |
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justices of the Supreme Court, the judges of the Court of Criminal |
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Appeals, the justices of the Courts of Appeals, the judges of the |
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District Court, the magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, or Tarrant County |
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that give preference to criminal cases, the criminal law hearing |
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officers for Harris County appointed under Subchapter L, Chapter |
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54, Government Code, the criminal law hearing officers for Cameron |
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County appointed under Subchapter BB, Chapter 54, Government Code, |
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the magistrates appointed by the judges of the district courts of |
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Lubbock County, Nolan County, or Webb County, the magistrates |
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appointed by the judges of the criminal district courts of Dallas |
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County or Tarrant County, the masters appointed by the judges of the |
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district courts and the county courts at law that give preference to |
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criminal cases in Jefferson County, the magistrates appointed by |
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the judges of the district courts and the statutory county courts of |
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Brazos County, Nueces County, or Williamson County, the magistrates |
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appointed by the judges of the district courts and statutory county |
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courts that give preference to criminal cases in Travis County, the |
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county judges, the judges of the county courts at law, judges of the |
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county criminal courts, the judges of statutory probate courts, the |
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associate judges appointed by the judges of the statutory probate |
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courts under Subchapter G, Chapter 54, Government Code, the |
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associate judges appointed by the judge of a district court under |
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Subchapter II, Chapter 54, Government Code, the justices of the |
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peace, and the mayors and recorders and the judges of the municipal |
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courts of incorporated cities or towns. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3554 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3554 was passed by the Senate on May |
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22, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |