H.B. No. 2132

	AN ACT
	relating to the creation of magistrates in certain counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 54, Government Code, is amended by
	adding Subchapter JJ to read as follows:
	SUBCHAPTER JJ. MAGISTRATES IN CERTAIN COUNTIES
	Sec. 54.1951.  APPLICATION OF SUBCHAPTER. This subchapter
	applies to a constitutional county court in a county that:
	(1)  has a population of more than 585,000; and
	(2)  is contiguous to a county with a population of at
	least four million.
	Sec. 54.1952.  APPOINTMENT. (a) The county judge may
	appoint one or more part-time or full-time magistrates to hear a
	matter alleging a violation of Section 25.093 or 25.094, Education
	Code, referred to the magistrate by a court having jurisdiction
	over the matter.
	(b)  An appointment under Subsection (a) is subject to the
	approval of the commissioners court.
	(c)  A magistrate serves at the pleasure of the county judge.
	Sec. 54.1953.  QUALIFICATIONS. A magistrate must:
	(1)  be a citizen of this state;
	(2)  have resided in the county for at least six months
	before the date of the appointment; and
	(3)  have:
	(A)  served as a justice of the peace for at least
	four years before the date of appointment; or
	(B)  been licensed to practice law in this state
	for at least four years before the date of appointment.
	Sec. 54.1954.  COMPENSATION. A magistrate is entitled to
	the compensation set by the commissioners court. The compensation
	shall be paid from the general fund of the county.
	Sec. 54.1955.  POWERS. (a) Except as limited by an order of
	the county judge, a magistrate appointed under this subchapter may:
	(1)  conduct hearings;
	(2)  hear evidence;
	(3)  issue summons for the appearance of witnesses;
	(4)  examine witnesses;
	(5)  swear witnesses for hearings;
	(6)  recommend rulings or orders or a judgment in a
	case;
	(7)  regulate proceedings in a hearing;
	(8)  accept a plea of guilty or nolo contendere in a
	case alleging a violation of Section 25.093 or 25.094, Education
	Code, and assess a fine or court costs or order community service in
	satisfaction of a fine or costs in accordance with Article 45.049,
	Code of Criminal Procedure;
	(9)  enter an order suspending a sentence or deferring
	a final disposition that includes at least one of the requirements
	listed in Article 45.051, Code of Criminal Procedure;
	(10)  perform any act and take any measure necessary
	and proper for the efficient performance of the duties required by
	the referral order, including the entry of an order that includes at
	least one of the requirements in Article 45.054, Code of Criminal
	Procedure; and
	(11)  if the magistrate finds that a child as defined by
	Article 45.058, Code of Criminal Procedure, has violated an order
	under Article 45.054, Code of Criminal Procedure, proceed as
	authorized by Article 45.050, Code of Criminal Procedure.
	(b)  With respect to an issue of law or fact the ruling on
	which could result in the dismissal of a prosecution under Section
	25.093 or 25.094, Education Code, a magistrate may not rule on the
	issue but may make findings, conclusions, and recommendations on
	the issue.
	Sec. 54.1956.  NOT GUILTY PLEA ENTERED. On entry of a not
	guilty plea the magistrate shall refer the case back to the
	referring court for all further pretrial proceedings and a full
	trial on the merits before the court or a jury.
	Sec. 54.1957.  PAPERS TRANSMITTED TO JUDGE. (a) At the
	conclusion of a hearing, the magistrate shall transmit to the judge
	any papers relating to the case, including:
	(1)  the magistrate's findings and recommendations;
	(2)  a statement that notice of the findings and
	recommendations and of the right to a hearing before the judge has
	been given to all parties; and
	(3)  all other documents requested by the referring
	judge.
	(b)  Unless the judge adopts, modifies, or rejects the
	magistrate's findings or recommendations not later than the fifth
	working day after the date the judge receives the findings or
	recommendations, a magistrate's finding or recommendation is final
	for appeal purposes.
	(c)  The judge shall send written notice of any modification
	or rejection of the magistrate's findings or recommendations to
	each party to the case and the attorney representing the state not
	later than the fifth day after the date of the modification or
	rejection.
	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 criminal law hearing officers for Cameron
	County appointed under Subchapter BB, 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
	Brazos County, Nueces 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
	criminal magistrates appointed by the Brazoria County
	Commissioners Court, 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 associate judges appointed by the judge of
	a district court under Subchapter II, Chapter 54, Government Code,
	the magistrates appointed under Subchapter JJ, 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, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2132 was passed by the House on April
	26, 2011, by the following vote:  Yeas 147, Nays 1, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2132 was passed by the Senate on May
	24, 2011, by the following vote:  Yeas 31, Nays 0
	.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor