The bill, H.B. No. 3716, proposes the establishment of criminal law magistrates specifically for Bell County by amending Chapter 54 of the Government Code. It introduces a new Subchapter EE, which outlines the appointment, jurisdiction, powers, and duties of these magistrates. The Bell County Commissioners Court is authorized to select magistrates who will have concurrent criminal jurisdiction with the judges of the justice of the peace courts in the county. The bill stipulates that the commissioners court will set the qualifications, salary, and whether the positions are full-time or part-time, requiring candidates to have either served as a justice of the peace or municipal court judge or be a licensed attorney in Texas.
Additionally, the bill amends Article 2A.151 of the Code of Criminal Procedure to include criminal magistrates appointed by the Bell County Commissioners Court among the types of magistrates recognized under the code. It also makes adjustments to the list of counties that can appoint criminal magistrates, replacing Burnet County with Denton and Grayson Counties. The bill ensures that magistrates have the same judicial immunity as district judges and outlines their responsibilities, including conducting hearings related to bail, legal counsel appointments, and other routine matters in preindictment or pending cases. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected: Introduced: ()