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.
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