By Howard H.B. No. 759
75R2748 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to associate judges appointed by the district courts and
1-3 county courts at law of Fort Bend County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 54, Government Code, is amended by adding
1-6 Subchapter S to read as follows:
1-7 SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW
1-8 ASSOCIATE JUDGES IN FORT BEND COUNTY
1-9 Sec. 54.1001. APPOINTMENT. (a) A majority of the judges of
1-10 the district courts and the statutory county courts at law in Fort
1-11 Bend County may determine that one or more full-time or part-time
1-12 associate judges are needed to serve those courts.
1-13 (b) The judges shall issue an order reflecting that
1-14 determination and specifying the number of associate judges and
1-15 support staff needed.
1-16 (c) Subject to the determination of need by the district
1-17 courts and statutory county courts at law and the approval of the
1-18 commissioners court of the county, each judge may appoint one or
1-19 more associate judges and support staff to serve the judge's court.
1-20 (d) Judges may act together to appoint associate judges to
1-21 serve their courts.
1-22 Sec. 54.1002. QUALIFICATIONS. To be eligible for
1-23 appointment as an associate judge, a person must:
1-24 (1) be a resident of this state; and
2-1 (2) have been licensed to practice law in this state
2-2 for at least four years.
2-3 Sec. 54.1003. ORDER OF APPOINTMENT. The order appointing an
2-4 associate judge must be entered in the minutes of each court making
2-5 the order and must state:
2-6 (1) the associate judge's name and state bar
2-7 identification number;
2-8 (2) the name of each court the associate judge will
2-9 serve; and
2-10 (3) the date the associate judge's service is to
2-11 begin.
2-12 Sec. 54.1004. COMPENSATION. The commissioners court shall
2-13 set the compensation for associate judges and support staff and
2-14 determine the total amount the county will pay as compensation for
2-15 associate judges and support staff.
2-16 Sec. 54.1005. JUDICIAL IMMUNITY. An associate judge
2-17 appointed under this subchapter has the same judicial immunity as
2-18 the district court and statutory county court at law judges.
2-19 Sec. 54.1006. TERMINATION OF EMPLOYMENT. (a) An associate
2-20 judge who serves a single court serves at the will of the judge of
2-21 that court.
2-22 (b) The employment of an associate judge who serves two
2-23 courts may be terminated by either of the judges of those courts.
2-24 (c) The employment of an associate judge who serves more
2-25 than two courts may be terminated by a majority of the judges of
2-26 those courts.
2-27 (d) To terminate an associate judge's employment, the
3-1 appropriate judges must sign a written order of termination. The
3-2 order must state:
3-3 (1) the associate judge's name and state bar
3-4 identification number;
3-5 (2) the name of the court ordering the termination;
3-6 and
3-7 (3) the date the associate judge's services end.
3-8 Sec. 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR
3-9 COURT. The judge of a court for which an associate judge has been
3-10 appointed may withdraw the associate judge's appointment to that
3-11 court by written order. The order must state:
3-12 (1) the associate judge's name and state bar
3-13 identification number;
3-14 (2) the name of the court ordering the withdrawal; and
3-15 (3) the date the associate judge's services end as to
3-16 that court.
3-17 Sec. 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a) A
3-18 judge may refer to an associate judge any criminal case for
3-19 proceedings involving:
3-20 (1) a negotiated plea of guilty before the court;
3-21 (2) a bond forfeiture;
3-22 (3) a pretrial motion;
3-23 (4) a postconviction writ of habeas corpus;
3-24 (5) an examining trial; and
3-25 (6) any other matter the judge considers necessary and
3-26 proper.
3-27 (b) An associate judge may not preside over a trial on the
4-1 merits, whether or not the trial is before a jury.
4-2 Sec. 54.1009. CASES THAT MAY BE REFERRED. (a) A judge may
4-3 refer to an associate judge any juvenile, probate, or civil case or
4-4 portion of one of those cases brought:
4-5 (1) under Title 1, 2, 3, 4, or 5, Family Code;
4-6 (2) in connection with Rule 308a, Texas Rules of Civil
4-7 Procedure;
4-8 (3) in connection with Title 7, Health and Safety
4-9 Code; or
4-10 (4) under the civil jurisdiction of the appointing
4-11 court.
4-12 (b) An associate judge may not preside over a trial on the
4-13 merits, whether or not the trial is before a jury.
4-14 Sec. 54.1010. METHOD OF REFERRAL. A case may be referred as
4-15 prescribed by published local rules or by written orders.
4-16 Sec. 54.1011. DUTIES AND POWERS. (a) Except as limited by
4-17 an order of referral, an associate judge to whom a case is referred
4-18 may:
4-19 (1) conduct hearings;
4-20 (2) hear evidence;
4-21 (3) compel production of relevant evidence;
4-22 (4) rule on admissibility of evidence;
4-23 (5) issue summons for the appearance of witnesses;
4-24 (6) examine witnesses;
4-25 (7) swear witnesses for hearings;
4-26 (8) make findings of fact on evidence;
4-27 (9) formulate conclusions of law;
5-1 (10) rule on a pretrial motion;
5-2 (11) recommend the rulings, orders, or judgment to be
5-3 made in a case;
5-4 (12) regulate proceedings in a hearing; and
5-5 (13) do any act and take any measure necessary and
5-6 proper for the efficient performance of the duties required by the
5-7 order of referral.
5-8 (b) An associate judge may not enter a ruling on any issue
5-9 of law or fact if that ruling could result in dismissal or require
5-10 dismissal of a pending criminal prosecution or civil case, but the
5-11 associate judge may make findings, conclusions, and recommendations
5-12 on those issues.
5-13 (c) An order of referral may limit the use or power of an
5-14 associate judge.
5-15 (d) Unless limited by published local rule, by written
5-16 order, or by an order of referral, an associate judge may perform
5-17 all acts and take all measures necessary and proper to perform the
5-18 tasks assigned in a referral.
5-19 (e) An associate judge may administer oaths.
5-20 (f) An associate judge has the jurisdiction provided by the
5-21 constitution and laws of this state for magistrates and is a
5-22 magistrate as defined by Article 2.09, Code of Criminal Procedure.
5-23 Sec. 54.1012. JURY. (a) Except as provided by Subsection
5-24 (b), if a jury trial is demanded in a case referred to an associate
5-25 judge, the associate judge shall refer the case back to the
5-26 referring court for a full hearing according to the usual rules
5-27 applicable to the case.
6-1 (b) A jury demand does not affect the authority of an
6-2 associate judge to handle pretrial matters referred to the
6-3 associate judge.
6-4 Sec. 54.1013. COURT REPORTER. (a) A court reporter need
6-5 not be provided during a hearing conducted by an associate judge.
6-6 (b) Notwithstanding Subsection (a), a referring judge may
6-7 require a reporter at any hearing.
6-8 Sec. 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an
6-9 attorney, party, witness, or any other person fails to comply with
6-10 a summons or order, the associate judge may certify in writing that
6-11 failure to the referring court for appropriate action.
6-12 Sec. 54.1015. PERJURY. (a) A witness appearing before an
6-13 associate judge is subject to the penalties of perjury as provided
6-14 by Chapter 37, Penal Code.
6-15 (b) A witness referred to the court under Section 54.1014 is
6-16 subject to the same penalties and orders that may be imposed on a
6-17 witness appearing in a hearing before the court.
6-18 Sec. 54.1016. RETURN TO REFERRING COURT; FINDINGS. At the
6-19 conclusion of the proceedings, an associate judge shall transmit to
6-20 the referring court any papers relating to the case, including the
6-21 associate judge's findings, conclusions, orders, recommendations,
6-22 or other action taken.
6-23 Sec. 54.1017. COURT ACTION ON REPORT. (a) After the court
6-24 receives the associate judge's report, the court may adopt, modify,
6-25 correct, reject, or reverse the associate judge's report or may
6-26 recommit it for further information, as the court determines to be
6-27 proper and necessary in each case.
7-1 (b) If a judgment has been recommended, the court may
7-2 approve the recommendation and hear more evidence before making its
7-3 judgment.
7-4 Sec. 54.1018. DECREE OR JUDGMENT. The finding and
7-5 recommendations become the decree or judgment of the court when
7-6 adopted and approved by an order of the judge.
7-7 Sec. 54.1019. MASTER IN CHANCERY. This subchapter does not
7-8 prohibit a court from appointing a master in chancery as provided
7-9 by Rule 171, Texas Rules of Civil Procedure.
7-10 Sec. 54.1020. REFEREES. (a) An associate judge appointed
7-11 under this subchapter may serve as a referee as provided by
7-12 Sections 51.04(g) and 54.10, Family Code.
7-13 (b) A referee appointed under Section 51.04(g), Family Code,
7-14 may be appointed to serve as an associate judge under this
7-15 subchapter.
7-16 (c) An associate judge appointed under this subchapter may
7-17 serve as a master as provided by Section 574.0085, Health and
7-18 Safety Code.
7-19 SECTION 2. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended,
7-24 and that this Act take effect and be in force from and after its
7-25 passage, and it is so enacted.