1-1  By:  Armbrister                                        S.B. No. 912
    1-2        (In the Senate - Filed March 3, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  April 11, 1995, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; April 11, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to associate judges appointed by the county courts at law
    1-9  of Fort Bend County.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 54, Government Code, is amended by adding
   1-12  Subchapter S to read as follows:
   1-13           SUBCHAPTER S.  CIVIL, JUVENILE, AND CRIMINAL LAW
   1-14                 ASSOCIATE JUDGES IN FORT BEND COUNTY
   1-15        Sec. 54.1001.  APPOINTMENT.  (a)  A majority of the judges of
   1-16  the statutory county courts in Fort Bend County may determine that
   1-17  one or more full-time or part-time associate judges are needed to
   1-18  serve those courts.
   1-19        (b)  The judges shall issue an order reflecting that
   1-20  determination and specifying the number of associate judges and
   1-21  support staff needed.
   1-22        (c)  Subject to the determination of need and the approval of
   1-23  the commissioners court of Fort Bend County, each judge may appoint
   1-24  one or more associate judges and support staff to serve the judge's
   1-25  court.
   1-26        (d)  Judges may act together to appoint associate judges to
   1-27  serve their courts.
   1-28        Sec. 54.1002.  QUALIFICATIONS.  To be eligible for
   1-29  appointment as an associate judge, a person must:
   1-30              (1)  be a resident of this state; and
   1-31              (2)  have been licensed to practice law in this state
   1-32  for at least four years.
   1-33        Sec. 54.1003.  ORDER OF APPOINTMENT.  The order appointing an
   1-34  associate judge must be entered in the minutes of each court making
   1-35  the order and must state:
   1-36              (1)  the associate judge's name and state bar
   1-37  identification number;
   1-38              (2)  the name of each court the associate judge will
   1-39  serve; and
   1-40              (3)  the date the associate judge's service is to
   1-41  begin.
   1-42        Sec. 54.1004.  COMPENSATION.  The commissioners court shall
   1-43  set the compensation for associate judges and support staff and
   1-44  determine the total amount the county will pay as compensation for
   1-45  associate judges and support staff.
   1-46        Sec. 54.1005.  JUDICIAL IMMUNITY.  An associate judge
   1-47  appointed under this subchapter has the same judicial immunity as a
   1-48  statutory county court at law judge.
   1-49        Sec. 54.1006.  TERMINATION OF EMPLOYMENT.  (a)  An associate
   1-50  judge who serves a single court serves at the will of the judge of
   1-51  that court.
   1-52        (b)  The employment of an associate judge who serves two
   1-53  courts may be terminated by either of the judges of those courts.
   1-54        (c)  The employment of an associate judge who serves more
   1-55  than two courts may be terminated by a majority of the judges of
   1-56  those courts.
   1-57        (d)  To terminate an associate judge's employment, the
   1-58  appropriate judges must sign a written order of termination.  The
   1-59  order must state:
   1-60              (1)  the associate judge's name and state bar
   1-61  identification number;
   1-62              (2)  the name of the court ordering the termination;
   1-63  and
   1-64              (3)  the date the associate judge's services end.
   1-65        Sec. 54.1007.  WITHDRAWAL OF APPOINTMENT FOR PARTICULAR
   1-66  COURT.  The judge of a court for which an associate judge has been
   1-67  appointed may withdraw the associate judge's appointment to that
   1-68  court by written order.  The order must state:
    2-1              (1)  the associate judge's name and state bar
    2-2  identification number;
    2-3              (2)  the name of the court ordering the withdrawal; and
    2-4              (3)  the date the associate judge's services end as to
    2-5  that court.
    2-6        Sec. 54.1008.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A
    2-7  judge may refer to an  associate judge any criminal case for
    2-8  proceedings involving:
    2-9              (1)  a negotiated plea of guilty before the court;
   2-10              (2)  a bond forfeiture;
   2-11              (3)  a pretrial motion;
   2-12              (4)  a postconviction writ of habeas corpus;
   2-13              (5)  an examining trial; and
   2-14              (6)  any other matter the judge considers necessary and
   2-15  proper.
   2-16        (b)  An associate judge may not preside over a trial on the
   2-17  merits, whether or not the trial is before a jury.
   2-18        Sec. 54.1009.  CASES THAT MAY BE REFERRED.  (a)  A judge may
   2-19  refer to an associate judge any juvenile, probate, or civil case or
   2-20  portion of one of those cases brought:
   2-21              (1)  under Title 1, 2, 3, or 4, Family Code;
   2-22              (2)  in connection with Rule 308a, Texas Rules of Civil
   2-23  Procedure;
   2-24              (3)  in connection with Chapter 76, Human Resources
   2-25  Code;
   2-26              (4)  in connection with Title 7, Health and Safety
   2-27  Code; or
   2-28              (5)  under the civil jurisdiction of the appointing
   2-29  court.
   2-30        (b)  An associate judge may not preside over a trial on the
   2-31  merits, whether or not the trial is before a jury.
   2-32        Sec. 54.1010.  METHOD OF REFERRAL.  A case may be referred as
   2-33  prescribed by published local rules or by written orders.
   2-34        Sec. 54.1011.  DUTIES AND POWERS.  (a)  Except as limited by
   2-35  an order of referral, an associate judge to whom a case is referred
   2-36  may:
   2-37              (1)  conduct hearings;
   2-38              (2)  hear evidence;
   2-39              (3)  compel production of relevant evidence;
   2-40              (4)  rule on admissibility of evidence;
   2-41              (5)  issue summons for the appearance of witnesses;
   2-42              (6)  examine witnesses;
   2-43              (7)  swear witnesses for hearings;
   2-44              (8)  make findings of fact on evidence;
   2-45              (9)  formulate conclusions of law;
   2-46              (10)  rule on a pretrial motion;
   2-47              (11)  recommend the rulings, orders, or judgment to be
   2-48  made in a case;
   2-49              (12)  regulate proceedings in a hearing; and
   2-50              (13)  do any act and take any measure necessary and
   2-51  proper for the efficient performance of the duties required by the
   2-52  order of referral.
   2-53        (b)  An associate judge may not enter a ruling on any issue
   2-54  of law or fact if that ruling could result in dismissal or require
   2-55  dismissal of a pending criminal prosecution or civil case, but the
   2-56  associate judge may make findings, conclusions, and recommendations
   2-57  on those issues.
   2-58        (c)  An order of referral may limit the use or power of an
   2-59  associate judge.
   2-60        (d)  Unless limited by published local rule, by written
   2-61  order, or by an order of referral, an associate judge may perform
   2-62  all acts and take all measures necessary and proper to perform the
   2-63  tasks assigned in a referral.
   2-64        (e)  An associate judge may administer oaths.
   2-65        (f)  An associate judge has the jurisdiction provided by the
   2-66  constitution and laws of this state for magistrates and is a
   2-67  magistrate as defined by Article 2.09, Code of Criminal Procedure.
   2-68        Sec. 54.1012.  JURY.  (a)  Except as provided by Subsection
   2-69  (b), if a jury trial is demanded in a case referred to an associate
   2-70  judge, the associate judge shall refer the case back to the
    3-1  referring court for a full hearing according to the usual rules
    3-2  applicable to the case.
    3-3        (b)  A jury demand does not affect the authority of an
    3-4  associate judge to handle pretrial matters referred to the
    3-5  associate judge.
    3-6        Sec. 54.1013.  COURT REPORTER.  (a)  A court reporter need
    3-7  not be provided during a hearing conducted by an associate judge.
    3-8        (b)  Notwithstanding Subsection (a), a referring judge may
    3-9  require a reporter at any hearing.
   3-10        Sec. 54.1014.  FAILURE TO COMPLY WITH SUMMONS OR OATH.  If an
   3-11  attorney, party, witness, or any other person fails to comply with
   3-12  a summons or order, the associate judge may certify in writing that
   3-13  failure to the referring court for appropriate action.
   3-14        Sec. 54.1015.  PERJURY.  (a)  A witness appearing before an
   3-15  associate judge is subject to the penalties of perjury as provided
   3-16  by Chapter 37, Penal Code.
   3-17        (b)  A witness referred to the court under Section 54.1014 is
   3-18  subject to the same penalties and orders that may be imposed on a
   3-19  witness appearing in a hearing before the court.
   3-20        Sec. 54.1016.  RETURN TO REFERRING COURT; FINDINGS.  At the
   3-21  conclusion of the proceedings, an associate judge shall transmit to
   3-22  the referring court any papers relating to the case, including the
   3-23  associate judge's findings, conclusions, orders, recommendations,
   3-24  or other action taken.
   3-25        Sec. 54.1017.  COURT ACTION ON REPORT.  (a)  After the court
   3-26  receives the associate judge's report, the court may adopt, modify,
   3-27  correct, reject, or reverse the associate judge's report or may
   3-28  recommit it for further information, as the court determines to be
   3-29  proper and necessary in each case.
   3-30        (b)  If a judgment has been recommended, the court may
   3-31  approve the recommendation and hear more evidence before making its
   3-32  judgment.
   3-33        Sec. 54.1018.  DECREE OR JUDGMENT.  The finding and
   3-34  recommendations become the decree or judgment of the court  when
   3-35  adopted and approved by an order of the judge.
   3-36        Sec. 54.1019.  MASTER IN CHANCERY.  This subchapter does not
   3-37  prohibit a court from appointing a master in chancery as provided
   3-38  by Rule 171, Texas Rules of Civil Procedure.
   3-39        Sec. 54.1020.  REFEREES.  (a)  An associate judge appointed
   3-40  under this subchapter may serve  as a referee as provided by
   3-41  Sections 51.04(g) and 54.10, Family Code.
   3-42        (b)  A referee appointed under Section 51.04(g), Family Code,
   3-43  may be appointed to serve as an associate judge under this
   3-44  subchapter.
   3-45        (c)  An associate judge appointed under this subchapter may
   3-46  serve as a master as provided by Section 574.0085, Health and
   3-47  Safety Code.
   3-48        SECTION 2.  The importance of this legislation and the
   3-49  crowded condition of the calendars in both houses create an
   3-50  emergency and an imperative public necessity that the
   3-51  constitutional rule requiring bills to be read on three several
   3-52  days in each house be suspended, and this rule is hereby suspended,
   3-53  and that this Act take effect and be in force from and after its
   3-54  passage, and it is so enacted.
   3-55                               * * * * *