87(1) HB 302 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of magistrates in Maverick County. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Chapter 54, Government Code, is amended by |
 
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adding Subchapter RR to read as follows: |
 
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SUBCHAPTER RR. MAVERICK COUNTY MAGISTRATES |
 
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             Sec.  54.2701.    APPOINTMENT. (a) The Commissioners Court of |
 
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Maverick County may select magistrates to serve the justice courts |
 
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of the county. |
 
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             (b)    The commissioners court shall establish the salary, |
 
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benefits, and other compensation of each magistrate position and |
 
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shall determine whether the position is full-time or part-time. |
 
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             (c)    A magistrate appointed under this subchapter serves at |
 
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the pleasure of the commissioners court. |
 
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             Sec.  54.2702.    JURISDICTION. A magistrate appointed under |
 
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this subchapter has concurrent jurisdiction with the justices of |
 
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the justice of the peace courts of Maverick County. |
 
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             Sec.  54.2703.    POWERS AND DUTIES. (a) The Commissioners |
 
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Court of Maverick County shall establish the powers and duties of a |
 
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magistrate appointed under this subchapter. |
 
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             (b)    An order of referral may limit the use or power of a |
 
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magistrate. |
 
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             (c)    Unless limited by published local rule, by written |
 
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order, or by an order of referral, a magistrate may perform all acts |
 
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and take all measures necessary and proper to perform the tasks |
 
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assigned in a referral. |
 
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             (d)    A magistrate may administer oaths. |
 
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             Sec.  54.2704.    JUDICIAL IMMUNITY. A magistrate has the same |
 
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judicial immunity as a district judge. |
 
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             Sec.  54.2705.    TRAINING. A magistrate appointed under this |
 
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subchapter must successfully complete all training a justice of the |
 
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peace is required to complete under state law. |
 
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             Sec.  54.2706.    FAILURE TO COMPLY WITH SUMMONS OR ORDER. If |
 
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an attorney, party, witness, or any other person fails to comply |
 
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with a summons or order, the magistrate may certify that failure in |
 
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writing to the referring court for appropriate action. |
 
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             Sec.  54.2707.    WITNESSES. (a) A witness appearing before a |
 
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magistrate is subject to the penalties of perjury as provided by |
 
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Chapter 37, Penal Code. |
 
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             (b)    A witness referred to the court under Section 54.2706 is |
 
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subject to the same penalties and orders that may be imposed on a |
 
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witness appearing in a hearing before the court. |
 
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             SECTION  2.    This Act takes effect immediately if it receives |
 
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a vote of two-thirds of all the members elected to each house, as |
 
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provided by Section 39, Article III, Texas Constitution.    If this |
 
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Act does not receive the vote necessary for immediate effect, this |
 
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Act takes effect on the 91st day after the last day of the |
 
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legislative session. |