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 S to read as follows: 1-5 SUBCHAPTER S PROBATE MASTERS 1-6 Sec. 54.1001 et seq. DEFINITION. In this subchapter, 1-7 "statutory probate court" has the meaning assigned by Section 3, 1-8 Texas Probate Code. 1-9 Sec. 54.1002. APPOINTMENT. (a) A judge of a statutory 1-10 probate court by order may appoint a person to act as probate 1-11 master for the court. 1-12 (b) A probate master must meet the qualifications to serve 1-13 as a judge of the court to which appointed. Attorneys licensed to 1-14 practice law in this state who, as of the effective date of this 1-15 act, are employed by a statutory probate court, are exempt from 1-16 subsection (b) of this act, and need only to be licensed to 1-17 practice law in this state. 1-18 Sec. 54.1003. DURATION OF APPOINTMENT. (a) Except as 1-19 provided by Subsection (b), an appointment under this subchapter 1-20 may be for any period of time, as determined by the appointing 1-21 judge, not to exceed four years. 1-22 (b) If the appointing judge vacates his office or if the 1-23 probate master becomes a candidate for elective office in 2-1 government, the appointment of the probate master terminates. 2-2 (c) The appointing judge shall note the duration of the 2-3 appointment in the order of appointment. 2-4 Sec. 54.1004. COMPENSATION. (a) The probate master is 2-5 entitled to the compensation set by the appointing judge and 2-6 approved by the commissioners court. The salary may not exceed the 2-7 salary of the appointing judge. 2-8 (b) The compensation shall be paid by the county from the 2-9 county general fund, with the approval of the commissioners court, 2-10 in the same manner that the appointing judge's salary is paid. 2-11 Sec. 54.1005. OATH. A probate master must take the 2-12 constitutional oath of office required of officers of this state. 2-13 Sec. 54.1006. POWERS AND DUTIES. (a) Subject to the 2-14 approval or rejection of the appointing judge, the probate master 2-15 has all the powers and duties of the appointing judge. 2-16 Sec. 54.1007. MAGISTRATE. A probate master appointed under 2-17 this subchapter is a magistrate for purposes of the Texas Mental 2-18 Health Code (Chapter 571.001 et seq., Vernon's Texas Codes 2-19 Annotated, Health and Safety Code.) 2-20 Sec. 54.1008. 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 its own 2-24 orders, judgments, or decrees. 2-25 (b) On the date it is confirmed, an order, judgment or 3-1 decree has the same effect as an order, judgment or decree made by 3-2 the judge. 3-3 Sec. 54.1009. JUDICIAL IMMUNITY. A probate master appointed 3-4 under this subchapter has the same judicial immunity as the 3-5 appointing judge. 3-6 SECTION 2. This Act takes effect September 1, 1995. 3-7 SECTION 3. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.