By: Hayes H.B. No. 4703       A BILL TO BE ENTITLED   AN ACT   relating to the operation and administration of and practice in and   grants provided by courts in the judicial branch of state   government.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 2.09, Code of Criminal Procedure, is   amended to read as follows:          Art. 2.09.  WHO ARE MAGISTRATES. Each of the following   officers is a magistrate within the meaning of this Code: The   justices of the Supreme Court, the judges of the Court of Criminal   Appeals, the justices of the Courts of Appeals, the judges of the   District Court, the magistrates appointed by the judges of the   district courts of Bexar County, Dallas County, or Tarrant County   that give preference to criminal cases, the criminal law hearing   officers for Harris County appointed under Subchapter L, Chapter   54, Government Code, the criminal law hearing officers for Cameron   County appointed under Subchapter BB, Chapter 54, Government Code,   the magistrates or associate judges appointed by the judges of the   district courts of Lubbock County, Nolan County, or Webb County,   the magistrates appointed by the judges of the criminal district   courts of Dallas County or Tarrant County, the associate judges   appointed by the judges of the district courts and the county courts   at law that give preference to criminal cases in Jefferson County,   the associate judges appointed by the judges of the district courts   and the statutory county courts of Brazos County, Nueces County, or   Williamson County, the magistrates appointed by the judges of the   district courts and statutory county courts that give preference to   criminal cases in Travis County, the criminal magistrates appointed   by the Brazoria County Commissioners Court, the criminal   magistrates appointed by the Burnet County Commissioners Court, the   magistrates appointed by the Denton Council of Judges, the county   judges, the judges of the county courts at law, judges of the county   criminal courts, the judges of statutory probate courts, the   associate judges appointed by the judges of the statutory probate   courts under Chapter 54A, Government Code, the associate judges   appointed by the judge of a district court under Chapter 54A,   Government Code, the magistrates appointed under Subchapter JJ,   Chapter 54, Government Code, the magistrates appointed by the   Collin County Commissioners Court, the magistrates appointed by the   Fort Bend County Commissioners Court, the associate district and   county criminal court judges and designated magistrates appointed   by the district and county criminal court judges of Denton County;   the justices of the peace, and the mayors and recorders and the   judges of the municipal courts of incorporated cities or towns.          SECTION 2.  Article 4.01, Code of Criminal Procedure, is   amended to read as follows:          Art. 4.01.  WHAT COURTS HAVE CRIMINAL JURISDICTION. The   following courts have jurisdiction in criminal actions:                1.  The Court of Criminal Appeals;                2.  Courts of appeals;                3.  The district courts;                4.  The criminal district courts;                5.  The magistrates appointed by the judges of the   district courts of Bexar County, Dallas County, Tarrant County, or   Travis County that give preference to criminal cases and the   magistrates appointed by the judges of the criminal district courts   of Dallas County or Tarrant County;                6.  The county courts;                7.  All county courts at law with criminal   jurisdiction;                8.  County criminal courts;                9.  Justice courts;                10.  Municipal courts;                11.  The magistrates appointed by the judges of the   district courts of Lubbock County;                12.  The magistrates appointed by the Denton Council of   Judges;                13.  The magistrates appointed by the Collin County   Commissioners Court;                14.  The magistrates appointed by the Brazoria County   Commissioners Court or the local administrative judge for Brazoria   County; and                15.  The magistrates appointed by the judges of the   district courts of Denton County; and,                16.  The associate district and county criminal judge,   jail magistrate, and designated county magistrates appointed by the   District and County Criminal Courts of Denton County.          SECTION 3.  Chapter 54, Government Code, is amended by   adding Subchapter RR to read as follows:   SUBCHAPTER RR. DENTON COUNTY CRIMINAL LAW MAGISTRATE COURT          Sec. 54.2701.  CREATION. The Denton County Criminal Law   Magistrate Court is a court with the jurisdiction provided by this   subchapter.          Sec. 54.2702.  CRIMINAL LAW MAGISTRATE COURT. (a) The   Denton County criminal law magistrate court is composed of the   district judges, county criminal court judges, associate district   and county criminal judges, the county court at law judge with   juvenile jurisdiction, appointed jail magistrates, and any   municipal judges of municipal courts of record within Denton County   or justice of the peace judges:                (1)  that have been specifically identified and   designated by joint standing order of the district and county   criminal court judges of Denton County;                (2)  who are an attorney in good standing with the State   Bar of Texas, and,                (3)  which have attended all necessary training and   received any certification required to access criminal history   information or serve as a magistrate.          (b)  The district court judges and county criminal court   judges of Denton County shall supervise the criminal law magistrate   court and ensure that the magistrate court gives preference to   magistrate duties, as set forth under Chapters 14, 15 16, 17 and 18   of the Texas Code of Criminal Procedure.          (c)  An associate district and county criminal court judge   designated by the district and county criminal judges shall preside   over the Denton County magistrate criminal law court.          (d)  All judges or magistrates performing duties for the   Denton County criminal law magistrate court shall comply with any   standing orders or directives issued by the district or county   criminal court judges, or by the presiding associate criminal judge   as those orders apply to criminal defendants or offenses that have   not been filed by indictment or information in a district or county   criminal court of Denton County.          Sec. 54.2703.  JURISDICITON OF CRIMINAL LAW MAGISTRATE   COURT. (a) Except as provided by Subsection (b), the criminal law   magistrate court has the criminal jurisdiction provided by the   constitution and laws of the state, and has the authority to perform   all duties of a magistrate, including, but not limited to   determinations of probable cause, issuing orders of commitment,   warrants of arrest, performing all magisterial duties required   under Chapters 14, 15, 16, 17 and 18 of the Texas Code of Criminal   Procedure, and may modify, reduce or hold bond to be insufficient or   take any action as to any criminal offense alleged to have occurred   in Denton County, and which remains "pending" as defined under   Subsection(b) of this section.          (b)  "Pending" for the purpose of magisterial processes,   means any class "B" or class "A" misdemeanor, or any felony criminal   offense alleged to have been committed in Denton County for which:                (1)  probable cause has been found by any magistrate or   judge for Denton County or any other county;                 (2)  the defendant has either been released on bail and   is no longer in custody, or if still in custody, has been delivered   or transferred into the custody of the Denton County Sheriff or his   Deputies; and,                (3)  the criminal offense or charge for which the   defendant was arrested has not been filed by formal indictment in a   district court or by information in a county criminal court, or   otherwise been disposed by dismissal, judgement, conviction or   acquittal.          (c)  The criminal law magistrate court does not have   jurisdiction to modify, reduce or hold bond to be insufficient or   take any action in a criminal offense or matter filed by indictment   in a Denton County District Court or by information or complaint in   a County Criminal Court of Denton County, without express referral   by the judge of the court in which the matter has been filed.          Sec. 54.2704.  ASSIGNMENT OF MAGISTERIAL AUTHORITY. (a)   The Denton County criminal law magistrate court shall have the   authority to consider all motions and take any action necessary in   any criminal matter that is pending as defined in Sec. 54.2703(b) of   this chapter.          (b)  With the consent of the judge or magistrate before whom   the defendant first appeared after arrest, continuing magisterial   authority related to a defendant or the offense for which they have   been arrested or charged shall be conferred, assigned and   transferred to a district or county judge, or a magistrate of the   criminal law magistrate court upon the:                (1)  filing of a true bill of indictment by a Denton   County grand jury in a felony offense, or information by the   district attorney in a misdemeanor offense;                (2)  physical transfer and delivery of a defendant into   the custody of the Denton County Sheriff, his deputies, or the   surrender of the defendant to the Denton County Jail; or,                (3)  filing of a bail bond, other instrument, or cash   tendered to secure the defendant's release from custody with the   Denton County Sheriff, or his designee.          (c)  Upon the occurrence of one of the events listed in   (c)(1), (c)(2) or (c)(3) of this subsection, a judge or magistrate   of the criminal law magistrate court may set bail, issue orders of   protection, issue conditions of bond, or modify, reduce, increase,   hold bond insufficient, or consider any motion or request related   to the disposition of a defendant's case prior to filing by   indictment in a district court or information or complaint in a   district or county criminal court.          Sec. 54.2705.  APPOINTMENT OF ASSOCIATE JUDGE. (a) The   judges of the district and county criminal courts of Denton County,   with the consent and approval of the Commissioner's Court of Denton   County, may jointly appoint an associate district and county   criminal court judge, as necessary to perform the duties authorized   by this subchapter.          (b)  Appointment of the associate district and county   criminal court judge must be made with the approval of at least   two-thirds of all the judges described in Subsection (a).          (c)  The associate district and county criminal court judge   will serve all district and county criminal courts of Denton   County.          (d)  The associate district and county criminal court judge   shall preside over the criminal law magistrate court.          (e)  The associate district and county criminal court judge   may be referred to as the "associate criminal judge."          Sec. 54.2706.  APPOINTMENT OF FULL-TIME JAIL MAGISTRATE.   (a) The judges of the district and county criminal courts of Denton   County, with the consent and approval of the commissioners court of   Denton County, may appoint and designate by joint standing order,   one or more full-time criminal "jail magistrates."          (b)  A jail magistrate shall conduct magistrate duties as   required by the Texas Constitution, Texas Code of Criminal   procedure and relevant laws related to defendants in the custody of   the Denton County Sheriff and which have not been filed by   indictment in a district court or by information in a county   criminal court.          (c)  A jail magistrate shall devote such time as is necessary   to ensure that magistrate duties are performed within the time   requirements set forth by Art. 15.17 of the Texas Code of Criminal   Procedure or other statutes related to magistrate duties.          (d)  A jail magistrate serves at the direction of the   presiding associate criminal judge and may perform any other   magisterial actions or duties assigned by order of referral.          Sec. 54.2707.  APPOINTMENT OF DESIGNATED COUNTY   MAGISTRATES. (a) The judges of the district and county criminal   courts of Denton County shall appoint and designate by joint   standing order, one or more contract or part-time criminal   magistrates, as defined by Art. 2.09 of the Texas Code of Criminal   Procedure, to perform the duties of a magistrate for defendants in   the custody of the Denton County Sheriff, or who are being held in a   detention facility or jail under the control of the Denton County   Sheriff. The district and county criminal judges may appoint one or   more designated county magistrates to perform magistrate duties in   the county jail on weekends, holidays or weekdays as assigned.          (b)  The presiding associate district and county criminal   court judge shall, as necessary to fulfill the County's needs,   recommend for consideration, approval or denial any qualified   persons currently serving as appointed or elected magistrates for a   district, county, justice or municipal court, and who meet the   qualifications as set forth by this chapter.          (c)  The presiding associate district and county criminal   court judge shall supervise, assign and shall periodically report   the activities of the jail magistrate or designated county   magistrates to the district and county criminal judges of Denton   County. Upon good cause, the presiding associate criminal court   judge may recommend removal of any magistrate appointed or   designated under this chapter.          (d)  A designated county magistrate may be assigned to serve   as a magistrate on weekends, holidays or by assignment of the   associate criminal judge in the Denton County jail as necessary.          Sec. 54.2708.  QUALIFICATIONS. (a) To be eligible for   appointment as an associate district and county criminal court   judge, a full-time jail magistrate, or a designated county   magistrate for Denton County, a person must:                (1)  be a resident of Denton County, and of this state   for at least two (2) years prior to appointment; and                (2)  have been licensed to practice law in this state   for at least four years.          (b)  In addition to the qualification set for under   subsection (b), a designated county magistrate shall be a sitting   elected or appointed judge of a district, county, justice or   municipal court of record in Denton County at the time of their   appointment.          Sec. 54.2709.  COMPENSATION. (a) An associate district and   county criminal court judge, jail magistrate, or a designated   county magistrate is entitled to salary or compensation as   determined by the commissioners court of Denton County.          (b)  An associate district and county criminal court judge's   salary, jail magistrate's salary, or compensation paid to any   designated county magistrate shall be paid from the county fund   available for payment of officers' salaries.          Sec. 54.2710.  JUDICIAL IMMUNITY. An associate district and   county criminal court judge, a jail magistrate, or any designated   county magistrate shall have the same judicial immunity as a   district judge.          Sec. 54.2711.  TERMINATION OF SERVICES. (a) An associate   district and county criminal court judge or a full-time jail   magistrate, may be terminated by a two-thirds (2/3) majority vote   of all the judges whom the associate judge serves.          (b)  A designated county magistrate serves only by   assignment or referral of the associate criminal judge in his or her   capacity as the presiding judge of the criminal law magistrate   court           Sec. 54.2712.  PROCEEDING THAT MAY BE REFERRED TO AN   ASSOCIATE JUDGE. (a) A judge of a district or county criminal   court, or the county court at law judge with juvenile jurisdiction,   may refer to an associate district and county criminal court judge   any matter arising out of a criminal case involving:                (1)  a negotiated plea of guilty or no contest before   the court;                (2)  a bond forfeiture, remittitur, and related   proceedings;                (3)  a pretrial motion;                (4)  a writ of habeas corpus;                (5)  an examining trial;                (6)  an occupational driver's license;                (7)  a petition for an order of expunction under   Chapter 55, Code of Criminal Procedure;                (8)  an asset forfeiture hearing as provided by Chapter   59, Code of Criminal Procedure;                (9)  a civil commitment matter under Subtitle C, Title   7, Health and Safety Code;                (10)  setting, adjusting, or revoking bond;                (11)  a waiver of extradition or related matter under   Chapter 51 of the Texas Code of Criminal Procedure;                (12)  the issuance of search warrants, including a   search warrant under Article 18.02(a)(10), Code of Criminal   Procedure, notwithstanding Article 18.01(c), Code of Criminal   Procedure; and                (13)  any other matter the judge considers necessary   and proper.                (12)  conduct initial juvenile detention hearings or   any other juvenile case actions as deemed appropriate, if assigned   by the presiding judge with juvenile jurisdiction, and, if approved   by the Denton County Juvenile Board.          (b)  An associate judge may select a jury. Except as   provided in Subsection (a), an associate judge may not preside over   a trial on the merits, whether or not the trial is before a jury.          (c)  An associate judge has all of the powers of a magistrate   under the laws of this state and may administer an oath for any   purpose.          (d)  A judge of a court designated a juvenile court may refer   to an associate district and county criminal judge any proceeding   over which a juvenile court has exclusive original jurisdiction   under Title 3, Family Code, including any matter ancillary to the   proceeding. An associate district and county criminal court judge   may accept a plea of guilty for a misdemeanor or felony or a plea of   true from a defendant or juvenile, regardless of the classification   of the offense charged or the conduct alleged;          Sec. 54.2713.  ORDER OF REFERRAL. (a) To refer one or more   cases to an associate district and county criminal court judge, a   judge must issue an order of referral specifying the associate   criminal judge's duties. An order of referral may be limited to   specific cases or dockets, or may be for a designated term of court.          (b)  An order of referral may limit the powers of the   associate judge as specifically set forth in Texas Government Code,   Chapter 54A.007(b).          Sec. 54.2714.  POWERS OF ASSOCIATE DISTRICT AND COUNTY   CRIMINAL JUDGE. (a) Except as limited by an order of referral, an   associate district and county criminal court judge to whom a 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 a pretrial motion;                (11)  recommend the rulings, orders, or judgment to be   made in a case;                (12)  regulate proceedings in a hearing;                (13)  accept a plea of guilty from a defendant charged   with misdemeanor, felony, or both misdemeanor and felony offenses;                (14)  select a jury;                (15)  accept a negotiated plea on probation revocation;                (16)  conduct a contested probation revocation   hearing;                (17)  sign a dismissal in a misdemeanor case;                (18)  in any case referred under Section 54.656(a)(1),   accept a negotiated plea of guilty or no contest and:                      (A)  enter a finding of guilty and impose or   suspend the sentence; or                      (B)  defer adjudication of guilty; and                (19)  perform any act and take any measure necessary   and proper for the efficient performance of the duties required by   the order of referral.          (b)  An associate district and county criminal court judge   may sign a motion to dismiss submitted by an attorney representing   the state on cases referred to the associate district and county   criminal court judge, or on dockets called by the associate   district and county criminal court judge, and may consider   adjudicated cases at sentencing under Section 12.45, Penal Code.          (c)  An associate district and county criminal court judge   has all the powers of a magistrate under the laws of this state and   may administer an oath for any purpose.          Sec. 54.2715.  FORFEITURES. Bail bonds and personal bonds   may be forfeited by the associate criminal judge in the manner   provided by Chapter 22, Code of Criminal Procedure, and those   forfeitures shall be filed with:                (1)  the district clerk if associated with a felony   case;                (2)  the county clerk if associated with a Class A or   Class B misdemeanor case; or                (3)  the same justice court clerk associated with the   Class C misdemeanor case in which the bond was originally filed.          Sec. 54.2716.  PAPERS TRANSMITTED TO JUDGE. At the   conclusion of the proceedings, an associate district and county   criminal court judge shall transmit to the referring court any   papers relating to the case, including the an associate district   and county criminal court judge findings, conclusions, orders,   recommendations, or other action taken.          Sec. 54.2717.  JUDICIAL ACTION. (a) A referring court may   modify, correct, reject, reverse, or recommit for further   information any action taken by the associate district and county   criminal court judge.          (b)  If the court does not modify, correct, reject, reverse,   or recommit an action of the associate district and county criminal   court judge, the action becomes the decree of the court.          Sec. 54.2718.  POWERS OF FULL-TIME MAGISTRATE AND DESIGNATED   JAIL MAGISTRATES. (a) A full-time jail magistrate or a designated   county jail magistrate have all of the powers of a magistrate under   the laws of this state, and may administer an oath for any purpose.          (a)  A full-time jail magistrate and any designated county   jail magistrates shall give preference to performing the duties of   a magistrate under Article 15.17, Code of Criminal Procedure.          (b)  A full-time jail magistrate and any designated county   jail magistrates may specifically:                (1)  consider sworn complaints or affidavits of   probable cause, and enter orders of release or commitment.                (2)  conduct magistrate hearings as required by Texas   Code of Criminal Procedure Art. 15.17, provide warnings and advise   defendants of right to counsel and inquire as to indigency or need   for appointed counsel;                (3)  set, adjust, and revoke bonds before the filing of   an information or the return of an indictment;                (4)  issue conditions of bond;                (5)  conduct examining trials;                (6)  inquire as to a defendant's financial status or   claim of indigency and recommend appointment of counsel;                (7)  issue search and arrest warrants;                (8)  issue emergency protective orders;                (9)  with the express authorization of a justice of the   peace, a magistrate may exercise concurrent criminal jurisdiction   with the justice of the peace to dispose as provided by law of cases   filed in the precinct of the authorizing justice of the peace.          (c)  A full-time jail magistrate has all of the powers listed   in subsection (a) above, and has the express authority and duty to:                (1)  order the release of a defendant based on   extraordinary medical conditions;                (2)  consider information and make further inquiries as   to a defendant's mental health status;                (3)  issue orders or writs necessary for further   evaluation, treatment and accommodations for mental health care;   and,                (4)  communicate with Denton County's local mental   health authority or qualified mental health professional to provide   continuing care.          Sec. 54.2717.  EXCHANGE OF BENCHES. (a) The judges of the   criminal law magistrate court may exchange benches and may sit and   act for each other in any proceeding pending in the criminal law   magistrate court.          (b)  When conducting a capias pro fine hearing for any court,   the criminal law magistrate court acts in the same capacity and with   the same authority as the judge who issued the capias pro fine.          Sec. 54.2718.  COURT REPORTER. At the request of a party in   a criminal case, the court shall provide a court reporter to record   the proceedings before the associate district and county criminal   court judge.          Sec. 54.2719.  WITNESS. (a) A witness who appears before an   associate district and county criminal court judge, a jail   magistrate, or a designated county magistrate, is sworn and subject   to the penalties for perjury provided by law.          (b)  A referring court may issue attachment against and may   fine or imprison a witness whose failure to appear after being   summoned or whose refusal to answer questions has been certified to   the court.          Sec. 54.2720.  CLERK. (a) The district clerk serves as   clerk of the Denton County Criminal Magistrate Court, except that:                (1)  after a Class A or Class B misdemeanor is filed in   a county criminal court, the county clerk serves as clerk for that   misdemeanor case.          (b)  The district clerk shall establish a docket and keep the   minutes for the cases filed in or transferred to the magistrate   court. The district clerk shall perform any other duties that local   administrative rules require in connection with the implementation   of this subchapter. The local administrative judge shall ensure   that the duties required under this subsection are performed. To   facilitate the duties associated with serving as the clerk of the   magistrate court, the district clerk and the deputies of the   district clerk may serve as deputy county clerks at the discretion   of the district clerk.          (c)  The clerk of the case shall include as part of the record   on appeal a copy of the order and local administrative rule under   which a magistrate court acted.          Sec. 54.2721.  COSTS. (a) When the district clerk is the   clerk under this subchapter, the district clerk shall charge the   same court costs for cases filed, transferred to, or assigned to the   criminal law magistrate court that are charged in the district   courts.          (b)  When the county clerk is the clerk under this   subchapter, the county clerk shall charge the same court costs for   cases filed in, transferred to, or assigned to the criminal law   magistrate court that are charged in the county courts.          SECTION 4.  This Act takes effect September 1, 2023.