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.