HBA-ATS, KMH H.B. 1896 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1896
By: Keel
Judicial Affairs
6/4/1999
Enrolled

 

BACKGROUND AND PURPOSE 

Travis County has one criminal law magistrate.  This judge works for and is
appointed by the district court judges.  The law allows the district court
judges to hire as many criminal law magistrates as they need.  Furthermore,
the law sets the salary of the criminal law magistrate so that it may not
be less than that of the salary of a family law master.  Travis County is
responsible for paying these salaries. 

The City of Austin conducts duties such as advising defendants of the their
rights, holding arraignment hearings, and reviewing bonds for the county
because almost all newly arrested individuals in the county are booked into
the city jail.  In the near future, a new county-owned jail facility will
be opened and the county will want to take over these duties and use county
staff and judges. The duties of the county staff and judges acting in this
capacity will be similar to, but less responsible than, the duties of a
criminal law magistrate. 

H.B. 1896 provides an exception to the provision setting the minimum salary
of a criminal law magistrate in Travis County if a lesser salary is
recommended by the judges described by Section 54.971 (Appointment),
Government Code, and approved by the commissioners court. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.973(b), Government Code, to specify that the
salary described in this section is found in Subchapter A (Associate
Judge), Chapter 201 (Associate Judge; Child Support Master), Family Code.
Provides an exception to this minimum if a lesser salary is recommended by
the judges described by Section 54.971 (Appointment), Government Code, and
approved by the commissioners court. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.