1-1 By: Henderson S.B. No. 1102 1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 4, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 4, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1102 By: Henderson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the appointment of probate masters for certain courts. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 54, Government Code, is amended by adding 1-13 Subchapter P to read as follows: 1-14 SUBCHAPTER P. PROBATE MASTERS 1-15 Sec. 54.951. APPOINTMENT. (a) A judge of a statutory 1-16 probate court by order may appoint a person to act as probate 1-17 master for the court. 1-18 (b) Except as provided by Subsection (c), a probate master 1-19 must meet the qualifications to serve as a judge of the court to 1-20 which appointed. 1-21 (c) A person licensed to practice law in this state need not 1-22 meet the qualifications required by Subsection (b) if, on September 1-23 1, 1995, the person was: 1-24 (1) licensed to practice law in this state; and 1-25 (2) employed by a statutory probate court. 1-26 Sec. 54.952. DURATION OF APPOINTMENT. (a) Except as 1-27 provided by Subsection (b), the term of an appointment under this 1-28 subchapter is determined by the appointing judge, but may not 1-29 exceed four years. 1-30 (b) The appointment of the probate master terminates if: 1-31 (1) the appointing judge vacates his office; or 1-32 (2) the probate master becomes a candidate for 1-33 election to public office. 1-34 (c) The appointing judge shall note the duration of the 1-35 appointment in the order of appointment. 1-36 Sec. 54.953. COMPENSATION. (a) The appointing judge shall 1-37 set the compensation of the probate master subject to approval by 1-38 the commissioners court. The salary of the probate master may not 1-39 exceed the salary of the appointing judge. 1-40 (b) The compensation of the probate master shall be paid by 1-41 the county from the county general fund in the same manner that the 1-42 appointing judge's salary is paid. 1-43 Sec. 54.954. OATH. A probate master must take the 1-44 constitutional oath of office required of appointed officers of 1-45 this state. 1-46 Sec. 54.955. POWERS AND DUTIES. Subject to the approval or 1-47 rejection of the appointing judge, the probate master has all the 1-48 powers and duties of the appointing judge. 1-49 Sec. 54.956. MAGISTRATE. A probate master appointed under 1-50 this subchapter is a magistrate for purposes of Subtitle C, Title 1-51 7, Health and Safety Code. 1-52 Sec. 54.957. ORDERS, JUDGMENTS, AND DECREES. (a) The 1-53 appointing judge by order of record shall reject or confirm all 1-54 orders, judgments, and decrees of the probate master within the 1-55 period in which the appointing judge could set aside the judge's 1-56 own orders, judgments, or decrees. 1-57 (b) On the date confirmed by the appointing judge, an order, 1-58 judgment, or decree of a probate master has the same effect as an 1-59 order, judgment, or decree made by the appointing judge. 1-60 Sec. 54.958. JUDICIAL IMMUNITY. A probate master appointed 1-61 under this subchapter has the same judicial immunity as the 1-62 appointing judge. 1-63 Sec. 54.959. OBJECTION TO PROBATE MASTER. (a) When a 1-64 probate master is assigned responsibility for a matter, the 1-65 appointing judge shall, if it is reasonable and practicable and if 1-66 time permits, give notice of the assignment to each attorney 1-67 representing a party to the matter that is to be heard in whole or 1-68 part by the probate master. 2-1 (b) If a party files a timely objection to the assignment, 2-2 the probate master may not hear the case. 2-3 (c) An objection under this section must be filed before the 2-4 first hearing or trial, including pretrial hearings, over which the 2-5 probate master is to preside. 2-6 SECTION 2. This Act takes effect September 1, 1995. 2-7 SECTION 3. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended. 2-12 * * * * *