BILL ANALYSIS


                                                        H.B. 2028
                                         By: Naishtat (Henderson)
                                                    Jurisprudence
                                                          4-27-95
                              Senate Committee Report (Unamended)
BACKGROUND

A recent judicial ethics opinion indicated that it would be
inappropriate for a master appointed by a probate court to conduct
probable cause hearings under the Texas Mental Health Code to
practice law in the court from which the appointment came because
it may appear unfair due to the nature of the master-judge
relationship in civil practice.  This statutory relationship allows
for judicial control not only by imposing a duty upon the court to
ratify the master's decisions, but also by charging the appointing
court with appellate jurisdiction over the master's decisions.  
This control by the appointing court does not exist under current
probable cause provisions.  The probable cause master appointed by
the court makes a one-time, non-appealable, binding decision as to
whether probable cause exists for continued detention of a person
held under an Order of Protective Custody.  To prohibit these
masters, whose appointment is for a very limited duty, from
practicing law in the mental health courts may result in higher
costs to counties to operate the legal end of mental health systems
because courts would have to employ full-time masters or pay a
higher fee to induce a lawyer to serve who would be precluded from
further practice in the probate court.  

PURPOSE

As proposed, H.B. 2028 provides that certain probable cause masters
are not prohibited from practicing law in the court appointing
them.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 574.025(c), Health and Safety Code, to
authorize a master appointed to preside over certain mental health
hearings to practice law in the court the master serves.

SECTION 2. Emergency clause.
           Effective date: upon passage.