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.