1-1  By:  Harris of Tarrant                                S.B. No. 1417
    1-2        (In the Senate - Filed April 23, 1993; April 26, 1993, read
    1-3  first time and referred to Committee on Jurisprudence; May 4, 1993,
    1-4  reported favorably, as amended, by the following vote:  Yeas 5,
    1-5  Nays 0; May 4, 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  COMMITTEE AMENDMENT NO. 1                    By:  Harris of Tarrant
   1-16  Amend Senate Bill 1417 as follows:
   1-17        On page 1, line 60, after the word "master" strike ",".
   1-18                         A BILL TO BE ENTITLED
   1-19                                AN ACT
   1-20  relating to the appointment of a master in certain child support
   1-21  cases.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Sections 14.82 and 14.83, Family Code, are
   1-24  amended to read as follows:
   1-25        Sec. 14.82.  Appointment of Master.  (a)  The presiding judge
   1-26  of each administrative judicial region, after conferring with the
   1-27  judges of courts in the region having jurisdiction of Title IV-D
   1-28  cases, shall determine which courts require the appointment of a
   1-29  full-time or part-time master to complete each Title IV-D case
   1-30  within the time specified in Section 14.81 of this code.  The
   1-31  presiding judge may limit the appointment to a specified time
   1-32  period and may terminate an appointment at any time.  A master
   1-33  appointed under this subchapter may be appointed to serve more than
   1-34  one court. Two or more judges of administrative judicial regions
   1-35  may jointly appoint one or more masters to serve the regions.
   1-36        (b)  If the presiding judge determines that a court requires
   1-37  a master, the presiding judge shall appoint a master.  If a master
   1-38  is appointed for a court, <the judge of the court shall refer> all
   1-39  Title IV-D cases shall be referred to the master by a general order
   1-40  for each county issued by the judge of the court for which the
   1-41  master is appointed, or in the absence of that order by a general
   1-42  order issued by the presiding judge who appointed the master.
   1-43  Referral of Title IV-D cases may not be made for individual cases
   1-44  or case by case.  A master may be appointed to serve more than one
   1-45  court and in more than one administrative judicial region.
   1-46        (c)  The provisions of Subchapter A, Chapter 54, Government
   1-47  Code, relating to the qualifications, powers, and immunity of a
   1-48  master apply to a master appointed under this section, except that
   1-49  a master appointed under this section:
   1-50              (1)  may reside anywhere within the administrative
   1-51  judicial region in which the court to which the master is appointed
   1-52  is located or, if<.  If> a master is appointed to serve in two or
   1-53  more administrative judicial regions, <the master> may reside
   1-54  anywhere within the regions; and
   1-55              (2)  may not be designated as an associate judge.
   1-56        (d)  The presiding judges of the administrative judicial
   1-57  regions by majority vote shall determine the host county of a
   1-58  master appointed under this section.  The host county shall provide
   1-59  an adequate courtroom and quarters, including furniture, necessary
   1-60  utilities and telephone equipment and service for the master, and
   1-61  other personnel assisting the master.  A master is not required to
   1-62  reside in the host county.
   1-63        (e)  Except as provided in this section, the provisions of
   1-64  Subchapter A, Chapter 54, Government Code, that apply to a party or
   1-65  witness before a master, papers transmitted to the judge by a
   1-66  master, judicial action on the master's report, hearings before the
   1-67  judge, appeal, the effect of the master's report pending appeal,
   1-68  jury trial, the attendance of a bailiff, and the presence of a
    2-1  court reporter apply to a master appointed under this section.
    2-2        (f) <(e)>  On motion of a party, the master may refer a
    2-3  complex case back to the judge for final disposition after the
    2-4  master has recommended temporary support.
    2-5        (g) <(f)>  The master shall take testimony and establish a
    2-6  record in all Title IV-D cases.  The record shall be made in
    2-7  accordance with Subchapter A, Chapter 54, Government Code.
    2-8        (h)  Not later than the 30th day after the date the master's
    2-9  report is filed, unless a party has filed a written notice of
   2-10  appeal to the referring court, the referring court shall adopt,
   2-11  approve, or reject the master's report, hear further evidence, or
   2-12  recommit the matter for further proceedings.
   2-13        <(g)  If the court determines that the nonprevailing party is
   2-14  able to pay a portion or all of the costs of a master, the court
   2-15  shall tax that amount as costs against the nonprevailing party.  No
   2-16  costs may be taxed against the attorney general.>
   2-17        Sec. 14.83.  Compensation.  (a)  A master appointed under
   2-18  this subchapter is entitled to a salary to be determined by a
   2-19  majority vote of the presiding judges of the administrative
   2-20  judicial regions <the presiding judge in a judicial district
   2-21  comprised of more than one county or by the commissioners court in
   2-22  a judicial district comprised of only one county>.  Such salary may
   2-23  not exceed 90 percent of the salary paid to a district judge as set
   2-24  by the state appropriations act.
   2-25        (b)  The master's salary shall be paid from the county fund
   2-26  available for payment of officers' salaries or from funds available
   2-27  from the state and federal government as provided in Subsection (e)
   2-28  of this section.
   2-29        (c)  The presiding judge of an administrative judicial region
   2-30  or the presiding judges of the administrative judicial regions, by
   2-31  majority vote, <in a judicial district comprised of more than one
   2-32  county or the commissioners court in a judicial district comprised
   2-33  of only one county> may also appoint such other personnel as may be
   2-34  needed to implement and administer the provisions under this
   2-35  subchapter.  The salary of such personnel <shall be consistent with
   2-36  the salary schedules of the county in which the person serves.  The
   2-37  salary> shall be paid from the county fund available for payment of
   2-38  officers' salaries or from funds available from the state and
   2-39  federal government as provided in Subsection (e) of this section.
   2-40        (d)  The office of court administration may contract with the
   2-41  attorney general for available state and federal funds under Title
   2-42  IV-D and may employ such personnel as may be needed to implement
   2-43  and administer this subchapter.  A master and other personnel
   2-44  appointed under this subsection are state employees for all
   2-45  purposes including accrual of leave time, insurance benefits,
   2-46  retirement benefits, and travel regulations.  <Costs and salaries
   2-47  associated with masters and personnel appointed under this section
   2-48  shall be considered administrative expenses of the judicial region
   2-49  and paid in accordance with other administrative costs.>
   2-50        (e)  The presiding judges of the administrative judicial
   2-51  regions, state agencies, <judge> and counties may contract with the
   2-52  attorney general for available federal funds under Title IV-D to
   2-53  reimburse <such> costs and salaries associated with masters and
   2-54  personnel appointed under this section and may also use available
   2-55  state funds and public or private grants.  The presiding judges
   2-56  <judge> and the office of the attorney general shall act and are
   2-57  authorized to take any action necessary to maximize the amount of
   2-58  federal funds available under the Title IV-D program.
   2-59        SECTION 2.  (a)  This Act takes effect September 1, 1993.
   2-60        (b)  A Title IV-D master and a Title IV-D master's
   2-61  administrative assistant appointed under Section 14.82 or 14.83,
   2-62  Family Code, before the effective date of this Act become state
   2-63  employees under Section 14.83, Family Code, as amended by this Act,
   2-64  on the effective date of this Act and are entitled to the
   2-65  computation of annual and sick leave benefits as though the master
   2-66  or assistant had become a state employee on the date of the
   2-67  master's or assistant's original appointment.
   2-68        SECTION 3.  The importance of this legislation and the
   2-69  crowded condition of the calendars in both houses create an
   2-70  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.
    3-3                               * * * * *
    3-4                                                         Austin,
    3-5  Texas
    3-6                                                         May 4, 1993
    3-7  Hon. Bob Bullock
    3-8  President of the Senate
    3-9  Sir:
   3-10  We, your Committee on Jurisprudence to which was referred S.B. No.
   3-11  1417, have had the same under consideration, and I am instructed to
   3-12  report it back to the Senate with the recommendation that it do
   3-13  pass, as amended, and be printed.
   3-14                                                         Henderson,
   3-15  Chairman
   3-16                               * * * * *
   3-17                               WITNESSES
   3-18                                                  FOR   AGAINST  ON
   3-19  ___________________________________________________________________
   3-20  Name:  Jim Hutcheson                                           x
   3-21  Representing:  Office of Ct. Admin.
   3-22  City:  Austin
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   3-24  Name:  Sandy Kibby                               x
   3-25  Representing:  Texas PTA
   3-26  City:  Austin
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   3-28  Name:  Howard Baldwin                                          x
   3-29  Representing:  ATTY Gen.
   3-30  City:  Austin
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