HBA-RBT H.B. 3795 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3795
By: Brimer
Judicial Affairs
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 3795 authorizes the appointment of magistrates in Crowley who need not
have the same qualifications as a municipal judge.  This bill prohibits a
magistrate in Crowley from presiding over the municipal court of record and
sets forth a list of authorized acts.   

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 Subchapter M, Chapter 30, Government Code, by adding
Section 30.004945, as follows: 

Sec.  30.004945.  MAGISTRATES.  Authorizes the governing body to appoint
one or more magistrates in addition to magistrates provided under Article
2.09 (Who Are Magistrates), Code of Criminal Procedure.  Provides that a
magistrate does not have to possess all the qualifications necessary to be
a municipal court of record judge.  Prohibits a magistrate from presiding
over the court or from hearing contested cases.  Sets forth a list of
authorized acts for magistrates. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.