By:  Henderson                                        S.B. No. 1102
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the appointment of probate masters for certain courts.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Chapter 54, Government Code, is amended by adding
    1-4  Subchapter P to read as follows:
    1-5                    SUBCHAPTER P.  PROBATE MASTERS
    1-6        Sec. 54.951.  APPOINTMENT.  (a)  A judge of a statutory
    1-7  probate court by order may appoint a person to act as probate
    1-8  master for the court.
    1-9        (b)  Except as provided by Subsection (c), a probate master
   1-10  must meet the qualifications to serve as a judge of the court to
   1-11  which appointed.
   1-12        (c)  A person licensed to practice law in this state need not
   1-13  meet the qualifications required by Subsection (b) if, on September
   1-14  1, 1995, the person was:
   1-15              (1)  licensed to practice law in this state; and
   1-16              (2)  employed by a statutory probate court.
   1-17        Sec. 54.952.  DURATION OF APPOINTMENT.  (a)  Except as
   1-18  provided by Subsection (b), the term of an appointment under this
   1-19  subchapter is determined by the appointing judge, but may not
   1-20  exceed four years.
   1-21        (b)  The appointment of the probate master terminates if:
   1-22              (1)  the appointing judge vacates his office; or
   1-23              (2)  the probate master becomes a candidate for
    2-1  election to public office.
    2-2        (c)  The appointing judge shall note the duration of the
    2-3  appointment in the order of appointment.
    2-4        Sec. 54.953.  COMPENSATION.  (a)  The appointing judge shall
    2-5  set the compensation of the probate master subject to approval by
    2-6  the commissioners court.  The salary of the probate master may not
    2-7  exceed the salary of the appointing judge.
    2-8        (b)  The compensation of the probate master shall be paid by
    2-9  the county from the county general fund in the same manner that the
   2-10  appointing judge's salary is paid.
   2-11        Sec. 54.954.  OATH.  A probate master must take the
   2-12  constitutional oath of office required of appointed officers of
   2-13  this state.
   2-14        Sec. 54.955.  POWERS AND DUTIES.  Subject to the approval or
   2-15  rejection of the appointing judge, the probate master has all the
   2-16  powers and duties of the appointing judge.
   2-17        Sec. 54.956.  MAGISTRATE.  A probate master appointed under
   2-18  this subchapter is a magistrate for purposes of Subtitle C, Title
   2-19  7, Health and Safety Code.
   2-20        Sec. 54.957.  ORDERS, JUDGMENTS, AND DECREES.  (a)  The
   2-21  appointing judge by order of record shall reject or confirm all
   2-22  orders, judgments, and decrees of the probate master within the
   2-23  period in which the appointing judge could set aside the judge's
   2-24  own orders, judgments, or decrees.
   2-25        (b)  On the date confirmed by the appointing judge, an order,
    3-1  judgment, or decree of a probate master has the same effect as an
    3-2  order, judgment, or decree made by the appointing judge.
    3-3        Sec. 54.958.  JUDICIAL IMMUNITY.  A probate master appointed
    3-4  under this subchapter has the same judicial immunity as the
    3-5  appointing judge.
    3-6        Sec. 54.959.  OBJECTION TO PROBATE MASTER.  (a)  When a
    3-7  probate master is assigned responsibility for a matter, the
    3-8  appointing judge shall, if it is reasonable and practicable and if
    3-9  time permits, give notice of the assignment to each attorney
   3-10  representing a party to the matter that is to be heard in whole or
   3-11  part by the probate master.
   3-12        (b)  If a party files a timely objection to the assignment,
   3-13  the probate master may not hear the case.
   3-14        (c)  An objection under this section must be filed before the
   3-15  first hearing or trial, including pretrial hearings, over which the
   3-16  probate master is to preside.
   3-17        SECTION 2.  This Act takes effect September 1, 1995.
   3-18        SECTION 3.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.