74R13443 MWV-D
By Henderson S.B. No. 1102
Substitute the following for S.B. No. 1102:
By Hilbert C.S.S.B. No. 1102
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of probate masters for certain courts.
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 P to read as follows:
1-6 SUBCHAPTER P. PROBATE MASTERS
1-7 Sec. 54.951. APPOINTMENT. (a) The commissioners court may
1-8 authorize a judge of a statutory probate court to appoint by order
1-9 a person to act as probate master for the statutory probate court.
1-10 (b) A probate master must meet the qualifications to serve
1-11 as a judge of the court to which appointed.
1-12 (c) A probate judge may not appoint a person employed on
1-13 September 1, 1995, by the probate judge to serve as probate master.
1-14 Sec. 54.952. DURATION OF APPOINTMENT. (a) Except as
1-15 provided by Subsection (b), the term of an appointment under this
1-16 subchapter is determined by the appointing judge but may not exceed
1-17 four years.
1-18 (b) The appointment of the probate master terminates if:
1-19 (1) the appointing judge vacates his office; or
1-20 (2) the probate master becomes a candidate for
1-21 election to public office.
1-22 (c) The appointing judge shall note the duration of the
1-23 appointment in the order of appointment.
1-24 Sec. 54.953. COMPENSATION. (a) The appointing judge shall
2-1 set the compensation of the probate master subject to approval by
2-2 the commissioners court. The salary of the probate master may not
2-3 exceed the salary of the appointing judge.
2-4 (b) The compensation of the probate master shall be paid by
2-5 the county from the county general fund in the same manner that the
2-6 appointing judge's salary is paid.
2-7 Sec. 54.954. OATH. A probate master must take the
2-8 constitutional oath of office required of appointed officers of
2-9 this state.
2-10 Sec. 54.955. POWERS AND DUTIES. (a) Subject to Subsection
2-11 (b) and to the approval or rejection of the appointing judge, the
2-12 probate master has all the powers and duties of the appointing
2-13 judge.
2-14 (b) The probate master does not have authority over
2-15 contested probate matters.
2-16 Sec. 54.956. ORDERS, JUDGMENTS, AND DECREES. (a) The
2-17 appointing judge by order of record shall reject or confirm all
2-18 orders, judgments, and decrees of the probate master within the
2-19 period in which the appointing judge could set aside the judge's
2-20 own orders, judgments, or decrees.
2-21 (b) On the date confirmed by the appointing judge, an order,
2-22 judgment, or decree of a probate master has the same effect as an
2-23 order, judgment, or decree made by the appointing judge.
2-24 Sec. 54.957. JUDICIAL IMMUNITY. A probate master appointed
2-25 under this subchapter has the same judicial immunity as the
2-26 appointing judge.
2-27 Sec. 54.958. OBJECTION TO PROBATE MASTER. (a) When a
3-1 probate master is assigned responsibility for a matter, the
3-2 appointing judge shall, if it is reasonable and practicable and if
3-3 time permits, give notice of the assignment to each attorney
3-4 representing a party to the matter that is to be heard in whole or
3-5 part by the probate master.
3-6 (b) If a party files a timely objection to the assignment,
3-7 the probate master may not hear the case.
3-8 (c) An objection under this section must be filed before the
3-9 first hearing or trial, including pretrial hearings, over which the
3-10 probate master is to preside.
3-11 SECTION 2. This Act takes effect September 1, 1995.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.