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


Office of House Bill AnalysisH.B. 1896
By: Keel
Judicial Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is one criminal law magistrate in Travis County.  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. 

At the present time, the City of Austin magistrates 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 the functions of the
magistrate 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, accordingly the salary should
reflect the duties. 

H.B. 1896 provides an exception to the provision setting the minimum
authorized salary for a master on family law cases and who is appointed
under Section 54.971 (Appointment), Government Code. 

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 clarify 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 judge 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.