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.