Bill Text: TX SB1935 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of magistrates for Hidalgo County.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to State Affairs [SB1935 Detail]
Download: Texas-2019-SB1935-Introduced.html
86R10156 TSS-F | ||
By: Hinojosa | S.B. No. 1935 |
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relating to the creation of magistrates for Hidalgo County. | ||
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 IN HIDALGO COUNTY | ||
Sec. 54.2101. APPLICATION OF SUBCHAPTER. This subchapter | ||
applies to Hidalgo County. | ||
Sec. 54.2102. AUTHORIZATION; APPOINTMENT. (a) The | ||
Commissioners Court of Hidalgo County may authorize the judges of | ||
the district and statutory county courts in Hidalgo County to | ||
appoint one or more part-time or full-time magistrates to perform | ||
the duties authorized by this subchapter. | ||
(b) The judges of the district and statutory county courts | ||
in Hidalgo County by a two-thirds vote may appoint magistrates as | ||
authorized by the Commissioners Court of Hidalgo County. | ||
(c) The Commissioners Court of Hidalgo County may only | ||
authorize the appointment of magistrates that are necessary to | ||
perform the duties authorized by this subchapter and are included | ||
in the county's annual budget. | ||
(d) An order appointing a magistrate must be signed by the | ||
local presiding judge of the district courts serving Hidalgo | ||
County, and the order must state: | ||
(1) the magistrate's name; and | ||
(2) the date the magistrate's employment is to begin. | ||
(e) The judges of the district and statutory county courts | ||
in Hidalgo County shall ensure that the magistrates appointed under | ||
this subchapter are representative of the race, sex, national | ||
origin, and ethnicity of the population of Hidalgo County. | ||
(f) A magistrate may not engage in the private practice of | ||
law or serve as a mediator or arbitrator or otherwise participate as | ||
a neutral party in any alternate dispute resolution proceeding, | ||
with or without compensation. | ||
(g) A magistrate is subject to proceedings under Section | ||
1-a, Article V, Texas Constitution. | ||
Sec. 54.2103. TERMINATION OF EMPLOYMENT. (a) A magistrate | ||
may be terminated by a two-thirds vote of all the judges of the | ||
district and statutory county courts in Hidalgo County. | ||
(b) To terminate a magistrate's employment, the local | ||
administrative judge of the district courts serving Hidalgo County | ||
must sign a written order of termination. The order must state: | ||
(1) the magistrate's name; and | ||
(2) the final date of the magistrate's employment. | ||
Sec. 54.2104. QUALIFICATIONS; OATH OF OFFICE. (a) To be | ||
eligible for appointment as a magistrate, a person must: | ||
(1) be a resident of Hidalgo County; | ||
(2) be at least 25 years of age; | ||
(3) be a licensed attorney with at least two years' | ||
experience; and | ||
(4) have the other qualifications required by the | ||
judges of the district and statutory county courts in Hidalgo | ||
County. | ||
(b) A magistrate appointed under Section 54.2102 must take | ||
the constitutional oath of office required of appointed officers of | ||
this state. | ||
Sec. 54.2105. COMPENSATION. (a) A magistrate is entitled | ||
to the salary determined by the Commissioners Court of Hidalgo | ||
County. | ||
(b) A full-time magistrate's salary may not be less than | ||
that of a justice of the peace of Hidalgo County as established by | ||
the annual budget of Hidalgo County. | ||
(c) A part-time magistrate's salary is equal to the per-hour | ||
salary of a justice of the peace. The per-hour salary is determined | ||
by dividing the annual salary by a 2,000 work-hour year. The local | ||
administrative judge of the district courts serving Hidalgo County | ||
shall approve the number of hours to be paid a part-time magistrate. | ||
Sec. 54.2106. CRIMINAL JURISDICTION. (a) The judges of the | ||
district or statutory county courts in Hidalgo County shall | ||
establish standing orders to be followed by a magistrate or parties | ||
appearing before a magistrate, as applicable. | ||
(b) To the extent authorized by this subchapter and the | ||
standing orders, a magistrate has jurisdiction to exercise the | ||
authority granted by the judges of the district or statutory county | ||
courts in Hidalgo County. | ||
(c) The jurisdiction of a magistrate is limited to: | ||
(1) determining probable cause for further detention | ||
of any person detained on a criminal complaint, information, or | ||
indictment filed in the district courts or county courts at law; and | ||
(2) committing the defendant to jail, discharging the | ||
defendant from custody, or admitting the defendant to bail, as the | ||
law and facts of the case require. | ||
(d) This section does not limit or impair the jurisdiction | ||
of the court in which the complaint, information, or indictment is | ||
filed to review or alter the decision of a magistrate. | ||
(e) In a felony or misdemeanor case punishable by | ||
incarceration in the county jail, a magistrate may not dismiss the | ||
case, enter a judgment of acquittal or guilt, or pronounce | ||
sentence. | ||
Sec. 54.2107. MENTAL HEALTH JURISDICTION. The judges of | ||
the statutory county courts in Hidalgo County may authorize a | ||
magistrate to serve a probate court in Hidalgo County as necessary | ||
to hear emergency mental health matters under Chapter 573, Health | ||
and Safety Code. A magistrate has concurrent limited jurisdiction | ||
with a probate court in the county to hear emergency mental health | ||
matters under Chapter 573, Health and Safety Code. This section | ||
does not impair the jurisdiction of a probate court to review or | ||
alter the decision of a magistrate. | ||
Sec. 54.2108. DUTIES AND POWERS. (a) A magistrate shall | ||
inform a person arrested of the warnings described by Article | ||
15.17, Code of Criminal Procedure. | ||
(b) A magistrate shall be available, within the time | ||
provided by law following a defendant's arrest, to determine | ||
probable cause for further detention, administer warnings, inform | ||
the accused of the pending charges, and determine all matters | ||
pertaining to bail. | ||
(c) A magistrate may: | ||
(1) determine the amount of bail and grant bail | ||
pursuant to Chapter 17, Code of Criminal Procedure, and as | ||
otherwise provided by law; | ||
(2) issue a magistrate's order for emergency | ||
apprehension and detention under Chapter 573, Health and Safety | ||
Code, if authorized by the judges of the statutory county courts in | ||
Hidalgo County and if the magistrate makes each finding required by | ||
Section 573.012(b), Health and Safety Code; or | ||
(3) accept a plea of guilty or nolo contendere in | ||
accordance with Article 26.13, Code of Criminal Procedure. | ||
Sec. 54.2109. JUDICIAL IMMUNITY. A magistrate has the same | ||
judicial immunity as a district judge, statutory county court | ||
judge, and justice of the peace. | ||
Sec. 54.2110. PERSONNEL, EQUIPMENT, AND OFFICE SPACE. The | ||
Commissioners Court of Hidalgo County shall provide: | ||
(1) personnel for the legal or clerical functions | ||
necessary to perform the magistrate's duties authorized by this | ||
chapter; and | ||
(2) sufficient equipment and office space for the | ||
magistrate and personnel to perform the magistrate's essential | ||
functions. | ||
Sec. 54.2111. SHERIFF. On request of a magistrate | ||
appointed under this subchapter, the sheriff, in person or by | ||
deputy, shall assist the magistrate. | ||
SECTION 2. This Act takes effect September 1, 2019. |