HBA-SEB S.B. 760 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 760 By: Duncan Judicial Affairs 5/5/1999 Engrossed BACKGROUND AND PURPOSE S.B. 760 amends a magistrate's compensation, modifies the authority of juvenile court to refer cases to a magistrate, authorizes a magistrate to accept a plea of true from a defendant or juvenile, and makes other modifications with respect to a magistrate. 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 the heading of Subchapter M, Chapter 54, Government Code, as follows: SUBCHAPTER M. New title: MAGISTRATES IN LUBBOCK COUNTY SECTION 2. Amends Section 54.873, Government Code, to prohibit a magistrate's salary from being less than the salary authorized to be paid a master for family law cases under Subchapter B, Chapter 201, Family Code (Child Support Master), rather than Subchapter A (Family Law Master). SECTION 3. Amends Section 54.876, Government Code, to authorize a district judge or a county court at law judge, rather than a judge, to refer to a magistrate any criminal case for proceedings in any matter the judge considers necessary and proper. Authorizes a district judge or a county court at law judge to refer to a magistrate any proceeding over which a juvenile court has exclusive original jurisdiction, including any matter ancillary to the proceeding. Makes conforming and nonsubstantive changes. SECTION 4. Amends Section 54.878(a), Government Code, to authorize a magistrate to whom a case is referred to accept a plea of true from a defendant or juvenile, regardless of the alleged classification of the offense charged or the conduct alleged, except as limited by the order of referral. Makes conforming changes. SECTION 5. Amends Section 54.884, Government Code, as follows: Sec. 54.884. New title: MAGISTRATES. Authorizes a judge to appoint another magistrate, rather than criminal law magistrate, to serve for an absent magistrate. Makes conforming changes. SECTION 6. Amends Subchapter M, Chapter 54, Government Code, by adding Section 54.885, as follows: Sec. 54.885. CLERK. Requires a clerk of a district court or county court at law that refers a proceeding to a magistrate to perform the statutory duties necessary for the magistrate to perform the duties authorized by this subchapter. SECTION 7.Emergency clause. Effective date: upon passage.