H.B. No. 3856

	AN ACT
	relating to the proceedings that may be referred to and the powers
	of a criminal law magistrate in Travis County.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 54.976, Government Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (d) to read
	as follows:
	(a)  A judge may refer to a magistrate any criminal case or
	matter relating to a criminal case for proceedings involving:
	(1)  a negotiated plea of guilty or no contest and
	sentencing;
	(2)  a pretrial motion;
	(3)  an examining trial;
	(4)  a [postconviction] writ of habeas corpus;
	(5)  a bond forfeiture suit;
	(6)  issuance of search warrants;
	(7)  setting, setting conditions, modifying, revoking,
	and surrendering of bonds, including surety bonds;
	(8)  arraignment of defendants;
	(9)  a motion to increase or decrease a bond;
	(10)  a motion to revoke community supervision or to
	proceed to an adjudication;
	(11)  an issue of competency or a civil commitment
	under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or
	without a jury; [and]
	(12)  a motion to modify community supervision;
	(13)  specialty court proceedings, including drug
	court proceedings, veteran's court proceedings, and driving while
	intoxicated court proceedings;
	(14)  an expunction or a petition for nondisclosure;
	(15)  an occupational driver's license;
	(16)  a waiver of extradition;
	(17)  the issuance of subpoenas and orders requiring
	the production of medical records, including records relating to
	mental health or substance abuse treatment; and
	(18)  any other matter the judge considers necessary
	and proper.
	(b)  A magistrate may select a jury. A magistrate may not
	preside over a contested criminal trial on the merits, regardless
	of whether the trial is before a jury.
	(d)  A judge may refer to a magistrate proceedings involving
	a grand jury, including issuance of grand jury subpoenas, receipt
	of grand jury reports on behalf of a district judge, the granting of
	a grand jury request to recess, motions to compel testimony, and
	discharge of a grand jury at the end of a term. A magistrate may not
	impanel a grand jury.
	SECTION 2.  Section 54.977, Government Code, is amended by
	amending Subsection (a) and adding Subsection (c) to read as
	follows:
	(a)  To refer one or more cases or matters to a magistrate, a
	judge must issue an order of referral specifying the magistrate's
	duties.
	(c)  A judge may issue a general order of referral
	authorizing the magistrate to act on certain types of matters
	without requiring an order for each referral. Items that may be in
	the general order of referral include:
	(1)  waivers of extradition;
	(2)  search warrants;
	(3)  bench warrants;
	(4)  grand jury subpoenas;
	(5)  subpoenas and orders requiring the production of
	medical records, including records relating to mental health and
	substance abuse treatment; and
	(6)  records and other matters relating to the grand
	jury.
	SECTION 3.  Section 54.978, Government Code, is amended to
	read as follows:
	Sec. 54.978.  POWERS. (a) Except as limited by an order of
	referral, a magistrate to whom a case or matter related to a
	criminal case is referred may:
	(1)  conduct hearings;
	(2)  hear evidence;
	(3)  compel production of relevant evidence;
	(4)  rule on admissibility of evidence;
	(5)  issue summons for the appearance of witnesses;
	(6)  examine witnesses;
	(7)  swear witnesses for hearings;
	(8)  make findings of fact on evidence;
	(9)  formulate conclusions of law;
	(10)  rule on pretrial motions;
	(11)  recommend the rulings, orders, or judgment to be
	made in a case;
	(12)  regulate proceedings in a hearing;
	(13)  in any case referred under Section 54.976(a)(1):
	(A)  accept a negotiated plea of guilty;
	(B)  enter a finding of guilt and impose or
	suspend sentence; or
	(C)  defer adjudication of guilty; [and]
	(14)  notwithstanding Article 18.01(c), Code of
	Criminal Procedure, issue a search warrant under Article 18.02(10),
	Code of Criminal Procedure;
	(15)  notwithstanding Article 18.01(h), Code of
	Criminal Procedure, issue a search warrant under Article 18.02(12),
	Code of Criminal Procedure; and
	(16)  do any act and take any measure necessary and
	proper for the efficient performance of the duties required by the
	order of referral.
	(b)  A magistrate may not enter a ruling on any issue of law
	or fact if that ruling could result in dismissal or require
	dismissal of a pending criminal prosecution, but the magistrate may
	make findings, conclusions, and recommendations on those issues. A
	magistrate may sign a motion to dismiss submitted by an attorney
	representing the state on cases referred to the magistrate or on
	dockets called by the magistrate, and may consider unadjudicated
	cases at sentencing under Section 12.45, Penal Code.
	(c)  A magistrate has all of the powers of a magistrate under
	the laws of this state and may administer an oath for any purpose.
	(d)  A magistrate does not have authority under Subsection
	(a)(14) to issue a subsequent search warrant under Article
	18.02(10), Code of Criminal Procedure.
	(e)  In this subsection, "pen register," "ESN reader," "trap
	and trace device," and "mobile tracking device" have the meanings
	assigned by Section 18.21, Code of Criminal Procedure. A
	magistrate may:
	(1)  notwithstanding Section 2(a), Article 18.21, Code
	of Criminal Procedure, issue an order under Section 2, Article
	18.21, Code of Criminal Procedure, for the installation and use of:
	(A)  a pen register;
	(B)  an ESN reader;
	(C)  a trap and trace device; or
	(D)  equipment that combines the function of a pen
	register and a trap and trace device;
	(2)  issue an order to obtain access to stored
	communications under Section 5, Article 18.21, Code of Criminal
	Procedure; and
	(3)  notwithstanding Section 14(a), Article 18.21,
	Code of Criminal Procedure, issue an order for the installation and
	use of a mobile tracking device under Section 14, Article 18.21,
	Code of Criminal Procedure.
	SECTION 4.  The changes in law made by this Act apply to a
	cause of action referred to a magistrate on or after the effective
	date of this Act. A cause of action referred to a magistrate before
	the effective date of this Act is governed by the law in effect
	immediately before that date, and that law is continued in effect
	for that purpose.
	SECTION 5.  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. 3856 was passed by the House on May
	13, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3856 was passed by the Senate on May
	25, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor