1-1 By: Goodman (Senate Sponsor - Harris of Tarrant) H.B. No. 979
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 11, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the appointment of a master in certain child support
1-18 cases.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Sections 14.82 and 14.83, Family Code, are
1-21 amended to read as follows:
1-22 Sec. 14.82. Appointment of Master. (a) The presiding judge
1-23 of each administrative judicial region, after conferring with the
1-24 judges of courts in the region having jurisdiction of Title IV-D
1-25 cases, shall determine which courts require the appointment of a
1-26 full-time or part-time master to complete each Title IV-D case
1-27 within the time specified in Section 14.81 of this code. The
1-28 presiding judge may limit the appointment to a specified time
1-29 period and may terminate an appointment at any time. A master
1-30 appointed under this subchapter may be appointed to serve more than
1-31 one court. Two or more judges of administrative judicial regions
1-32 may jointly appoint one or more masters to serve the regions.
1-33 (b) If the presiding judge determines that a court requires
1-34 a master, the presiding judge shall appoint a master. If a master
1-35 is appointed for a court, <the judge of the court shall refer> all
1-36 Title IV-D cases shall be referred to the master by a general order
1-37 for each county issued by the judge of the court for which the
1-38 master is appointed, or in the absence of that order by a general
1-39 order issued by the presiding judge who appointed the master.
1-40 Referral of Title IV-D cases may not be made for individual cases
1-41 or case by case. A master may be appointed to serve more than one
1-42 court and in more than one administrative judicial region.
1-43 (c) The provisions of Subchapter A, Chapter 54, Government
1-44 Code, relating to the qualifications, powers, and immunity of a
1-45 master apply to a master appointed under this section, except that
1-46 a master appointed under this section:
1-47 (1) may reside anywhere within the administrative
1-48 judicial region in which the court to which the master is appointed
1-49 is located or, if<. If> a master is appointed to serve in two or
1-50 more administrative judicial regions, <the master> may reside
1-51 anywhere within the regions; and
1-52 (2) may not be designated as an associate judge.
1-53 (d) The presiding judges of the administrative judicial
1-54 regions by majority vote shall determine the host county of a
1-55 master appointed under this section. The host county shall provide
1-56 an adequate courtroom and quarters, including furniture, necessary
1-57 utilities and telephone equipment and service, for the master and
1-58 other personnel assisting the master. A master is not required to
1-59 reside in the host county.
1-60 (e) Except as provided in this section, the provisions of
1-61 Subchapter A, Chapter 54, Government Code, that apply to a party or
1-62 witness before a master, papers transmitted to the judge by a
1-63 master, judicial action on the master's report, hearings before the
1-64 judge, appeal, the effect of the master's report pending appeal,
1-65 jury trial, the attendance of a bailiff, and the presence of a
1-66 court reporter apply to a master appointed under this section.
1-67 (f) <(e)> On motion of a party, the master may refer a
1-68 complex case back to the judge for final disposition after the
2-1 master has recommended temporary support.
2-2 (g) <(f)> The master shall take testimony and establish a
2-3 record in all Title IV-D cases. The record shall be made in
2-4 accordance with Subchapter A, Chapter 54, Government Code.
2-5 (h) Not later than the 30th day after the date the master's
2-6 report is filed, unless a party has filed a written notice of
2-7 appeal to the referring court, the referring court shall adopt,
2-8 approve, or reject the master's report, hear further evidence, or
2-9 recommit the matter for further proceedings.
2-10 <(g) If the court determines that the nonprevailing party is
2-11 able to pay a portion or all of the costs of a master, the court
2-12 shall tax that amount as costs against the nonprevailing party. No
2-13 costs may be taxed against the attorney general.>
2-14 Sec. 14.83. Compensation. (a) A master appointed under
2-15 this subchapter is entitled to a salary to be determined by a
2-16 majority vote of the presiding judges of the administrative
2-17 judicial regions <the presiding judge in a judicial district
2-18 comprised of more than one county or by the commissioners court in
2-19 a judicial district comprised of only one county>. Such salary may
2-20 not exceed 90 percent of the salary paid to a district judge as set
2-21 by the state appropriations act.
2-22 (b) The master's salary shall be paid from the county fund
2-23 available for payment of officers' salaries or from funds available
2-24 from the state and federal government as provided in Subsection (e)
2-25 of this section.
2-26 (c) The presiding judge of an administrative judicial region
2-27 or the presiding judges of the administrative judicial regions, by
2-28 majority vote, <in a judicial district comprised of more than one
2-29 county or the commissioners court in a judicial district comprised
2-30 of only one county> may also appoint such other personnel as may be
2-31 needed to implement and administer the provisions under this
2-32 subchapter. The salary of such personnel <shall be consistent with
2-33 the salary schedules of the county in which the person serves. The
2-34 salary> shall be paid from the county fund available for payment of
2-35 officers' salaries or from funds available from the state and
2-36 federal government as provided in Subsection (e) of this section.
2-37 (d) The office of court administration may contract with the
2-38 attorney general for available state and federal funds under Title
2-39 IV-D and may employ such personnel as may be needed to implement
2-40 and administer this subchapter. A master and other personnel
2-41 appointed under this subsection are state employees for all
2-42 purposes including accrual of leave time, insurance benefits,
2-43 retirement benefits, and travel regulations. <Costs and salaries
2-44 associated with masters and personnel appointed under this section
2-45 shall be considered administrative expenses of the judicial region
2-46 and paid in accordance with other administrative costs.>
2-47 (e) The presiding judges of the administrative judicial
2-48 regions, state agencies, <judge> and counties may contract with the
2-49 attorney general for available federal funds under Title IV-D to
2-50 reimburse <such> costs and salaries associated with masters and
2-51 personnel appointed under this section and may also use available
2-52 state funds and public or private grants. The presiding judges
2-53 <judge> and the office of the attorney general shall act and are
2-54 authorized to take any action necessary to maximize the amount of
2-55 federal funds available under the Title IV-D program.
2-56 SECTION 2. (a) This Act takes effect September 1, 1993.
2-57 (b) A Title IV-D master and a Title IV-D master's
2-58 administrative assistant appointed under Section 14.82 or 14.83,
2-59 Family Code, before the effective date of this Act become state
2-60 employees under Section 14.83, Family Code, as amended by this Act,
2-61 on the effective date of this Act and are entitled to the
2-62 computation of annual and sick leave benefits as though the master
2-63 or assistant had become a state employee on the date of the
2-64 master's or assistant's original appointment.
2-65 SECTION 3. The importance of this legislation and the
2-66 crowded condition of the calendars in both houses create an
2-67 emergency and an imperative public necessity that the
2-68 constitutional rule requiring bills to be read on three several
2-69 days in each house be suspended, and this rule is hereby suspended.
2-70 * * * * *
3-1 Austin,
3-2 Texas
3-3 May 11, 1993
3-4 Hon. Bob Bullock
3-5 President of the Senate
3-6 Sir:
3-7 We, your Committee on Jurisprudence to which was referred H.B.
3-8 No. 979, have had the same under consideration, and I am instructed
3-9 to report it back to the Senate with the recommendation that it do
3-10 pass and be printed.
3-11 Henderson,
3-12 Chairman
3-13 * * * * *
3-14 WITNESSES
3-15 FOR AGAINST ON
3-16 ___________________________________________________________________
3-17 Name: Howard Baldwin x
3-18 Representing: Atty Gen.
3-19 City: Austin
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