By: Goodman H.B. No. 1022
73R3089 JBN-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to hearings before a referring court of a case referred to
1-3 a family law master.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.005, Government Code, is amended by
1-6 amending Subsections (b), (c), and (d) and adding new Subsections
1-7 (e) and (f) to read as follows:
1-8 (b) The judge of a court having a master appointed may also
1-9 refer to the master a trial on the merits over which the master may
1-10 preside <unless one or more parties files a written objection to
1-11 the master hearing the trial. A party may file an objection at any
1-12 time before trial but not later than the 10th day after the date
1-13 the party receives notice that the master will hear the trial. If
1-14 an objection is filed, the trial on the merits shall be heard by
1-15 the referring court>. A trial on the merits is any final
1-16 adjudication from which an appeal may be taken to a court of
1-17 appeals.
1-18 (c) Except as provided by Subsection (f), a party to a case
1-19 that has been referred to a master for a trial on the merits is
1-20 entitled to a hearing on the merits before the referring court if
1-21 the party files with the referring court a written objection to the
1-22 referral. The objection must be filed before the hearing before
1-23 the master begins and not later than the third day after the date
1-24 on which the party receives notice of the referral. The master to
2-1 whom the case was referred may not hear any further matter in the
2-2 same cause after the filing of an objection under this subsection,
2-3 unless each party consents in writing to a hearing before the
2-4 master.
2-5 (d) The referring court may not allow a master to conduct a
2-6 contested trial on the merits to terminate parental rights unless
2-7 the affected parties give written consent to the contested trial
2-8 being conducted by the master. Except in cases in which written
2-9 consent is given by the affected parties to a contested trial on
2-10 the merits, any order terminating parental rights issued pursuant
2-11 to a master's report resulting from the contested trial is void.
2-12 (e) <(d)> On appointment of a master, any pending or future
2-13 cases under Title 1, 2, or 4, Family Code, or under Chapter 46 or
2-14 76, Human Resources Code, may be referred to the master, except as
2-15 the referring court may limit.
2-16 (f) Subsection (c) does not apply to a case brought under
2-17 Chapter 76, Human Resources Code, and referred to a master.
2-18 SECTION 2. Section 54.012(h), Government Code, is amended to
2-19 read as follows:
2-20 (h) The referring court, after notice to the parties, shall
2-21 hold a hearing on all appeals not later than the 30th day after the
2-22 date on which the initial appeal was filed with the referring
2-23 court. Unless a continuance for good cause is requested by a party
2-24 and granted by the court, the court shall conclude the hearing on
2-25 the appeal not later than the later of the 45th day after the
2-26 master's report is filed with the referring court or the 45th day
2-27 after the initial appeal is filed with the referring court.
3-1 SECTION 3. This Act takes effect September 1, 1993, and
3-2 applies to cases referred to a master under Subchapter A, Chapter
3-3 54, Government Code, on which a hearing before the master has not
3-4 been held before that date.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.