By: Goodman H.B. No. 979
73R3104 JBN-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of a master in certain child support
1-3 cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 14.82 and 14.83, Family Code, are
1-6 amended to read as follows:
1-7 Sec. 14.82. Appointment of Master. (a) The presiding judge
1-8 of each administrative judicial region, after conferring with the
1-9 judges of courts in the region having jurisdiction of Title IV-D
1-10 cases, shall determine which courts require the appointment of a
1-11 full-time or part-time master to complete each Title IV-D case
1-12 within the time specified in Section 14.81 of this code. The
1-13 presiding judge may limit the appointment to a specified time
1-14 period and may terminate an appointment at any time. A master
1-15 appointed under this subchapter may be appointed to serve more than
1-16 one court. Two or more judges of administrative judicial regions
1-17 may jointly appoint one or more masters to serve the regions.
1-18 (b) If the presiding judge determines that a court requires
1-19 a master, the presiding judge shall appoint a master. If a master
1-20 is appointed for a court, <the judge of the court shall refer> all
1-21 Title IV-D cases shall be referred to the master by a general order
1-22 for each county issued by the judge of the court for which the
1-23 master is appointed, or in the absence of that order by a general
1-24 order issued by the presiding judge who appointed the master.
2-1 Referral of Title IV-D cases may not be made for individual cases
2-2 or case by case. A master may be appointed to serve more than one
2-3 court and in more than one administrative judicial region.
2-4 (c) The provisions of Subchapter A, Chapter 54, Government
2-5 Code, relating to the qualifications, powers, and immunity of a
2-6 master apply to a master appointed under this section, except that
2-7 a master appointed under this section:
2-8 (1) may reside anywhere within the administrative
2-9 judicial region in which the court to which the master is appointed
2-10 is located or, if<. If> a master is appointed to serve in two or
2-11 more administrative judicial regions, <the master> may reside
2-12 anywhere within the regions; and
2-13 (2) may not be designated as an associate judge.
2-14 (d) The presiding judges of the administrative judicial
2-15 regions by majority vote shall determine the host county of a
2-16 master appointed under this section. The host county shall provide
2-17 an adequate courtroom and quarters, including furniture, necessary
2-18 utilities and telephone equipment and service, and other personnel
2-19 to assist the master. A master is not required to reside in the
2-20 host county.
2-21 (e) Except as provided in this section, the provisions of
2-22 Subchapter A, Chapter 54, Government Code, that apply to a party or
2-23 witness before a master, papers transmitted to the judge by a
2-24 master, judicial action on the master's report, hearings before the
2-25 judge, appeal, the effect of the master's report pending appeal,
2-26 jury trial, the attendance of a bailiff, and the presence of a
2-27 court reporter apply to a master appointed under this section.
3-1 (f) <(e)> On motion of a party, the master may refer a
3-2 complex case back to the judge for final disposition after the
3-3 master has recommended temporary support.
3-4 (g) <(f)> The master shall take testimony and establish a
3-5 record in all Title IV-D cases. The record shall be made in
3-6 accordance with Subchapter A, Chapter 54, Government Code.
3-7 (h) Not later than the 30th day after the date the master's
3-8 report is filed, unless a party has filed a written notice of
3-9 appeal to the referring court, the referring court shall adopt,
3-10 approve, or reject the master's report, hear further evidence, or
3-11 recommit the matter for further proceedings.
3-12 <(g) If the court determines that the nonprevailing party is
3-13 able to pay a portion or all of the costs of a master, the court
3-14 shall tax that amount as costs against the nonprevailing party. No
3-15 costs may be taxed against the attorney general.>
3-16 Sec. 14.83. Compensation. (a) A master appointed under
3-17 this subchapter is entitled to a salary to be determined by a
3-18 majority vote of the presiding judges of the administrative
3-19 judicial regions <the presiding judge in a judicial district
3-20 comprised of more than one county or by the commissioners court in
3-21 a judicial district comprised of only one county>. Such salary may
3-22 not exceed 90 percent of the salary paid to a district judge as set
3-23 by the state appropriations act.
3-24 (b) The master's salary shall be paid from the county fund
3-25 available for payment of officers' salaries or from funds available
3-26 from the state and federal government as provided in Subsection (e)
3-27 of this section.
4-1 (c) The presiding judge of an administrative judicial region
4-2 or the presiding judges of the administrative judicial regions, by
4-3 majority vote, <in a judicial district comprised of more than one
4-4 county or the commissioners court in a judicial district comprised
4-5 of only one county> may also appoint such other personnel as may be
4-6 needed to implement and administer the provisions under this
4-7 subchapter. The salary of such personnel <shall be consistent with
4-8 the salary schedules of the county in which the person serves. The
4-9 salary> shall be paid from the county fund available for payment of
4-10 officers' salaries or from funds available from the state and
4-11 federal government as provided in Subsection (e) of this section.
4-12 (d) The office of court administration may contract with the
4-13 attorney general for available state and federal funds under Title
4-14 IV-D and may employ such personnel as may be needed to implement
4-15 and administer this subchapter. A master and other personnel
4-16 appointed under this subsection are state employees for all
4-17 purposes including accrual of leave time, insurance benefits,
4-18 retirement benefits, and travel regulations. <Costs and salaries
4-19 associated with masters and personnel appointed under this section
4-20 shall be considered administrative expenses of the judicial region
4-21 and paid in accordance with other administrative costs.>
4-22 (e) The presiding judges of the administrative judicial
4-23 regions, state agencies, <judge> and counties may contract with the
4-24 attorney general for available federal funds under Title IV-D to
4-25 reimburse <such> costs and salaries associated with masters and
4-26 personnel appointed under this section and may also use available
4-27 state funds and public or private grants. The presiding judges
5-1 <judge> and the office of the attorney general shall act and are
5-2 authorized to take any action necessary to maximize the amount of
5-3 federal funds available under the Title IV-D program.
5-4 SECTION 2. (a) This Act takes effect September 1, 1993.
5-5 (b) A Title IV-D master and a Title IV-D master's
5-6 administrative assistant appointed under Section 14.82 or 14.83,
5-7 Family Code, before the effective date of this Act become state
5-8 employees under Section 14.83, Family Code, as amended by this Act,
5-9 on the effective date of this Act and are entitled to the
5-10 computation of annual and sick leave benefits as though the master
5-11 or assistant had become a state employee on the date of the
5-12 master's or assistant's original appointment.
5-13 SECTION 3. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.