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.