SRC-AAA S.B. 402 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 402
By: Harris
Jurisprudence
2-6-97
As Filed


DIGEST 

Currently, the law does not permit probate court masters to be appointed
except for probable cause masters in mental health cases.  The statutory
probate court judges would like to be able to appoint masters, subject to
approval of the county commissioners, to conduct hearings such as in
probable cause hearings, or the uncontested docket, or while the judge is
in a jury trial.  This bill allows a probate court master to be appointed,
subject to approval both of the commissioners court and the statutory
probate court judge. 

PURPOSE

As proposed, S.B. 402 allows probate court masters to be appointed in
mental health cases. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the judge of a statutory probate court
in SECTION 1 (Section 54.602, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter G, as
follows: 

SUBCHAPTER G. PROBATE MASTERS

Sec. 54.601. DEFINITION. Defines "statutory probate court."

Sec. 54.602. APPOINTMENT. Authorizes a judge of a statutory probate court,
by order, to appoint a person to act as probate master, after obtaining
approval of the commissioner's court.  Requires  a probate master to meet
the qualifications to serve as a judge of the court to which appointed. 

Sec. 54.603. DURATION OF APPOINTMENT. Prohibits a term of appointment
from exceeding four years.  Sets forth guidelines for termination of the
probate master's appointment.  Requires the appointing judge to note the
duration of appointment. 

Sec. 54.604. COMPENSATION. Provides that the probate master is entitled to
the compensation set by the appointing judge and approved by the
commissioner's court. Prohibits the salary of the probate master from
exceeding  the appointing judge's salary. Requires the compensation of the
probate master to be paid by the county from the county general fund from
which the appointing judge's salary is paid. 

Sec. 54.605. OATH. Requires the probate master to take the constitutional
oath. 

Sec. 54.606. POWERS AND DUTIES. Provides that the probate master has all
the powers and duties of the appointing judge, subject to the approval of
the appointing judge. 

Sec. 54.607. MAGISTRATE. Provides that a probate master appointed under
this subchapter is a  magistrate. 

 Sec. 54.608. ORDERS, JUDGMENTS, AND DECREES. Requires the appointing
judge to reject  or confirm all orders, judgments, and decrees of the
probate master within a certain period of time. Provides that actions by
the probate master have the same effect as those made by the appointing
judge. 

Sec. 54.609. JUDICIAL IMMUNITY. Provides that a probate master has the
same judicial immunity as an appointing judge. 

Sec. 54.610. OBJECTION TO PROBATE MASTER.  Requires the appointing judge
to give notice  of a probate master's assigned responsibility for a
matter.   Prohibits a probate master from  hearing a case  if a party
files a timely objection.  Sets forth requirements  for filing deadlines
for objections. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.