By:  Armbrister                                        S.B. No. 912
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to associate judges appointed by the county courts at law
    1-2  of Fort Bend County.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 54, Government Code, is amended by adding
    1-5  Subchapter S to read as follows:
    1-6           SUBCHAPTER S.  CIVIL, JUVENILE, AND CRIMINAL LAW
    1-7                 ASSOCIATE JUDGES IN FORT BEND COUNTY
    1-8        Sec. 54.1001.  APPOINTMENT.  (a)  A majority of the judges of
    1-9  the statutory county courts in Fort Bend County may determine that
   1-10  one or more full-time or part-time associate judges are needed to
   1-11  serve those courts.
   1-12        (b)  The judges shall issue an order reflecting that
   1-13  determination and specifying the number of associate judges and
   1-14  support staff needed.
   1-15        (c)  Subject to the determination of need and the approval of
   1-16  the commissioners court of Fort Bend County, each judge may appoint
   1-17  one or more associate judges and support staff to serve the judge's
   1-18  court.
   1-19        (d)  Judges may act together to appoint associate judges to
   1-20  serve their courts.
   1-21        Sec. 54.1002.  QUALIFICATIONS.  To be eligible for
   1-22  appointment as an associate judge, a person must:
   1-23              (1)  be a resident of this state; and
   1-24              (2)  have been licensed to practice law in this state
    2-1  for at least four years.
    2-2        Sec. 54.1003.  ORDER OF APPOINTMENT.  The order appointing an
    2-3  associate judge must be entered in the minutes of each court making
    2-4  the order and must state:
    2-5              (1)  the associate judge's name and state bar
    2-6  identification number;
    2-7              (2)  the name of each court the associate judge will
    2-8  serve; and
    2-9              (3)  the date the associate judge's service is to
   2-10  begin.
   2-11        Sec. 54.1004.  COMPENSATION.  The commissioners court shall
   2-12  set the compensation for associate judges and support staff and
   2-13  determine the total amount the county will pay as compensation for
   2-14  associate judges and support staff.
   2-15        Sec. 54.1005.  JUDICIAL IMMUNITY.  An associate judge
   2-16  appointed under this subchapter has the same judicial immunity as a
   2-17  statutory county court at law judge.
   2-18        Sec. 54.1006.  TERMINATION OF EMPLOYMENT.  (a)  An associate
   2-19  judge who serves a single court serves at the will of the judge of
   2-20  that court.
   2-21        (b)  The employment of an associate judge who serves two
   2-22  courts may be terminated by either of the judges of those courts.
   2-23        (c)  The employment of an associate judge who serves more
   2-24  than two courts may be terminated by a majority of the judges of
   2-25  those courts.
   2-26        (d)  To terminate an associate judge's employment, the
   2-27  appropriate judges must sign a written order of termination.  The
    3-1  order must state:
    3-2              (1)  the associate judge's name and state bar
    3-3  identification number;
    3-4              (2)  the name of the court ordering the termination;
    3-5  and
    3-6              (3)  the date the associate judge's services end.
    3-7        Sec. 54.1007.  WITHDRAWAL OF APPOINTMENT FOR PARTICULAR
    3-8  COURT.  The judge of a court for which an associate judge has been
    3-9  appointed may withdraw the associate judge's appointment to that
   3-10  court by written order.  The order must state:
   3-11              (1)  the associate judge's name and state bar
   3-12  identification number;
   3-13              (2)  the name of the court ordering the withdrawal; and
   3-14              (3)  the date the associate judge's services end as to
   3-15  that court.
   3-16        Sec. 54.1008.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A
   3-17  judge may refer to an  associate judge any criminal case for
   3-18  proceedings involving:
   3-19              (1)  a negotiated plea of guilty before the court;
   3-20              (2)  a bond forfeiture;
   3-21              (3)  a pretrial motion;
   3-22              (4)  a postconviction writ of habeas corpus;
   3-23              (5)  an examining trial; and
   3-24              (6)  any other matter the judge considers necessary and
   3-25  proper.
   3-26        (b)  An associate judge may not preside over a trial on the
   3-27  merits, whether or not the trial is before a jury.
    4-1        Sec. 54.1009.  CASES THAT MAY BE REFERRED.  (a)  A judge may
    4-2  refer to an associate judge any juvenile, probate, or civil case or
    4-3  portion of one of those cases brought:
    4-4              (1)  under Title 1, 2, 3, or 4, Family Code;
    4-5              (2)  in connection with Rule 308a, Texas Rules of Civil
    4-6  Procedure;
    4-7              (3)  in connection with Chapter 76, Human Resources
    4-8  Code;
    4-9              (4)  in connection with Title 7, Health and Safety
   4-10  Code; or
   4-11              (5)  under the civil jurisdiction of the appointing
   4-12  court.
   4-13        (b)  An associate judge may not preside over a trial on the
   4-14  merits, whether or not the trial is before a jury.
   4-15        Sec. 54.1010.  METHOD OF REFERRAL.  A case may be referred as
   4-16  prescribed by published local rules or by written orders.
   4-17        Sec. 54.1011.  DUTIES AND POWERS.  (a)  Except as limited by
   4-18  an order of referral, an associate judge to whom a case is referred
   4-19  may:
   4-20              (1)  conduct hearings;
   4-21              (2)  hear evidence;
   4-22              (3)  compel production of relevant evidence;
   4-23              (4)  rule on admissibility of evidence;
   4-24              (5)  issue summons for the appearance of witnesses;
   4-25              (6)  examine witnesses;
   4-26              (7)  swear witnesses for hearings;
   4-27              (8)  make findings of fact on evidence;
    5-1              (9)  formulate conclusions of law;
    5-2              (10)  rule on a pretrial motion;
    5-3              (11)  recommend the rulings, orders, or judgment to be
    5-4  made in a case;
    5-5              (12)  regulate proceedings in a hearing; and
    5-6              (13)  do any act and take any measure necessary and
    5-7  proper for the efficient performance of the duties required by the
    5-8  order of referral.
    5-9        (b)  An associate judge may not enter a ruling on any issue
   5-10  of law or fact if that ruling could result in dismissal or require
   5-11  dismissal of a pending criminal prosecution or civil case, but the
   5-12  associate judge may make findings, conclusions, and recommendations
   5-13  on those issues.
   5-14        (c)  An order of referral may limit the use or power of an
   5-15  associate judge.
   5-16        (d)  Unless limited by published local rule, by written
   5-17  order, or by an order of referral, an associate judge may perform
   5-18  all acts and take all measures necessary and proper to perform the
   5-19  tasks assigned in a referral.
   5-20        (e)  An associate judge may administer oaths.
   5-21        (f)  An associate judge has the jurisdiction provided by the
   5-22  constitution and laws of this state for magistrates and is a
   5-23  magistrate as defined by Article 2.09, Code of Criminal Procedure.
   5-24        Sec. 54.1012.  JURY.  (a)  Except as provided by Subsection
   5-25  (b), if a jury trial is demanded in a case referred to an associate
   5-26  judge, the associate judge shall refer the case back to the
   5-27  referring court for a full hearing according to the usual rules
    6-1  applicable to the case.
    6-2        (b)  A jury demand does not affect the authority of an
    6-3  associate judge to handle pretrial matters referred to the
    6-4  associate judge.
    6-5        Sec. 54.1013.  COURT REPORTER.  (a)  A court reporter need
    6-6  not be provided during a hearing conducted by an associate judge.
    6-7        (b)  Notwithstanding Subsection (a), a referring judge may
    6-8  require a reporter at any hearing.
    6-9        Sec. 54.1014.  FAILURE TO COMPLY WITH SUMMONS OR OATH.  If an
   6-10  attorney, party, witness, or any other person fails to comply with
   6-11  a summons or order, the associate judge may certify in writing that
   6-12  failure to the referring court for appropriate action.
   6-13        Sec. 54.1015.  PERJURY.  (a)  A witness appearing before an
   6-14  associate judge is subject to the penalties of perjury as provided
   6-15  by Chapter 37, Penal Code.
   6-16        (b)  A witness referred to the court under Section 54.1014 is
   6-17  subject to the same penalties and orders that may be imposed on a
   6-18  witness appearing in a hearing before the court.
   6-19        Sec. 54.1016.  RETURN TO REFERRING COURT; FINDINGS.  At the
   6-20  conclusion of the proceedings, an associate judge shall transmit to
   6-21  the referring court any papers relating to the case, including the
   6-22  associate judge's findings, conclusions, orders, recommendations,
   6-23  or other action taken.
   6-24        Sec. 54.1017.  COURT ACTION ON REPORT.  (a)  After the court
   6-25  receives the associate judge's report, the court may adopt, modify,
   6-26  correct, reject, or reverse the associate judge's report or may
   6-27  recommit it for further information, as the court determines to be
    7-1  proper and necessary in each case.
    7-2        (b)  If a judgment has been recommended, the court may
    7-3  approve the recommendation and hear more evidence before making its
    7-4  judgment.
    7-5        Sec. 54.1018.  DECREE OR JUDGMENT.  The finding and
    7-6  recommendations become the decree or judgment of the court  when
    7-7  adopted and approved by an order of the judge.
    7-8        Sec. 54.1019.  MASTER IN CHANCERY.  This subchapter does not
    7-9  prohibit a court from appointing a master in chancery as provided
   7-10  by Rule 171, Texas Rules of Civil Procedure.
   7-11        Sec. 54.1020.  REFEREES.  (a)  An associate judge appointed
   7-12  under this subchapter may serve  as a referee as provided by
   7-13  Sections  51.04(g) and 54.10, Family Code.
   7-14        (b)  A referee appointed under Section 51.04(g), Family Code,
   7-15  may be appointed to serve as an associate judge under this
   7-16  subchapter.
   7-17        (c)  An associate judge appointed under this subchapter may
   7-18  serve as a master as provided by Section 574.0085, Health and
   7-19  Safety Code.
   7-20        SECTION 2.  The importance of this legislation and the
   7-21  crowded condition of the calendars in both houses create an
   7-22  emergency and an imperative public necessity that the
   7-23  constitutional rule requiring bills to be read on three several
   7-24  days in each house be suspended, and this rule is hereby suspended,
   7-25  and that this Act take effect and be in force from and after its
   7-26  passage, and it is so enacted.