Bill Text: TX HB3728 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the administration of veterans court program proceedings before a magistrate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-19 - Referred to Defense & Veterans' Affairs [HB3728 Detail]
Download: Texas-2015-HB3728-Introduced.html
84R12009 LED-F | ||
By: Farias | H.B. No. 3728 |
|
||
|
||
relating to the administration of veterans court program | ||
proceedings before a magistrate. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 54, Government Code, is amended by | ||
adding Subchapter LL to read as follows: | ||
SUBCHAPTER LL. MAGISTRATES FOR VETERANS COURT PROGRAMS | ||
Sec. 54.2051. DEFINITION. In this subchapter, "veterans | ||
court program" has the meaning assigned by Section 124.001. | ||
Sec. 54.2052. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies to each district court and statutory county court with | ||
criminal jurisdiction in this state. If a provision of this | ||
subchapter conflicts with a specific provision for a particular | ||
district court or statutory county court, the specific provision | ||
controls. | ||
Sec. 54.2053. APPOINTMENT. (a) The judges of the district | ||
courts of a county hearing criminal cases and the judges of the | ||
statutory county courts with criminal jurisdiction in a county, | ||
with the consent and approval of the commissioners court of the | ||
county, may appoint the number of magistrates set by the | ||
commissioners court to perform the duties associated with the | ||
administration of veterans court programs as authorized by this | ||
subchapter. | ||
(b) Each magistrate's appointment must be made with the | ||
approval of the majority of the district court or statutory county | ||
court judges described in Subsection (a), as applicable. | ||
(c) A magistrate appointed under this section serves at the | ||
will of a majority of the appointing judges. | ||
Sec. 54.2054. QUALIFICATIONS. A magistrate must: | ||
(1) be a resident of this state and of the county in | ||
which the magistrate is appointed to serve under this subchapter; | ||
and | ||
(2) have been licensed to practice law in this state | ||
for at least four years. | ||
Sec. 54.2055. COMPENSATION. A magistrate is entitled to | ||
the salary determined by the county commissioners court. | ||
Sec. 54.2056. JUDICIAL IMMUNITY. A magistrate has the same | ||
judicial immunity as a judge of a district court or statutory county | ||
court appointing the magistrate. | ||
Sec. 54.2057. PROCEEDINGS THAT MAY BE REFERRED. (a) A | ||
district judge or judge of a statutory county court with criminal | ||
jurisdiction may refer to a magistrate a criminal case for veterans | ||
court program proceedings. | ||
(b) A magistrate may not preside over a contested trial on | ||
the merits, regardless of whether the trial is before a jury. | ||
Sec. 54.2058. ORDER OF REFERRAL. (a) To refer one or more | ||
cases to a veterans court program magistrate, a district judge or | ||
judge of a statutory county court with criminal jurisdiction must | ||
issue an order of referral specifying the magistrate's duties. | ||
(b) An order of referral may: | ||
(1) limit the powers of the magistrate and direct the | ||
magistrate to report on specific issues and perform particular | ||
acts; | ||
(2) set the time and place for the hearing; | ||
(3) provide a date for filing the magistrate's | ||
findings; | ||
(4) designate proceedings for more than one case over | ||
which the magistrate shall preside; | ||
(5) impose graduated sanctions on a defendant, | ||
including confinement in a county jail and placement in a | ||
residential facility; and | ||
(6) set forth general powers and limitations of | ||
authority of the magistrate applicable to any case referred. | ||
Sec. 54.2059. POWERS. Except as limited by an order of | ||
referral, a magistrate to whom a veterans court program case is | ||
referred may perform any act and take any measure necessary and | ||
proper for the efficient performance of the duties assigned by the | ||
district or statutory county court judge. | ||
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, 2015. |