By: Harris S.B. No. 402
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 G to read as follows:
1-5 SUBCHAPTER G. PROBATE MASTERS
1-6 Sec. 54.601. DEFINITION. In this subchapter, "statutory
1-7 probate court" has the meaning assigned by Section 3, Texas Probate
1-8 Code.
1-9 Sec. 54.602. APPOINTMENT. (a) After obtaining the approval
1-10 of the commissioners court, the judge of a statutory probate court
1-11 by order may appoint a person to act as probate master for the
1-12 statutory probate court.
1-13 (b) A probate master must meet the qualifications to serve
1-14 as a judge of the court to which appointed.
1-15 Sec. 54.603. DURATION OF APPOINTMENT. (a) Except as
1-16 provided by Subsection (b), the term of an appointment under this
1-17 subchapter is determined by the appointing judge but may not exceed
1-18 four years.
1-19 (b) The appointment of the probate master terminates if:
1-20 (1) the appointing judge vacates his office;
1-21 (2) the probate master becomes a candidate for
1-22 election to public office; or
1-23 (3) the commissioners court does not appropriate funds
2-1 in the county's budget to pay the probate master.
2-2 (c) The appointing judge shall note the duration of the
2-3 appointment in the order of appointment.
2-4 Sec. 54.604. COMPENSATION. (a) A probate master is
2-5 entitled to the compensation set by the appointing judge and
2-6 approved by the commissioners court. The salary of the probate
2-7 master may not exceed the salary of the appointing judge.
2-8 (b) The compensation of the probate master shall be paid by
2-9 the county from the county general fund in the same manner that the
2-10 appointing judge's salary is paid.
2-11 Sec. 54.605. OATH. A probate master must take the
2-12 constitutional oath of office required of appointed officers of
2-13 this state.
2-14 Sec. 54.606. POWERS AND DUTIES. Subject to the approval or
2-15 rejection of the appointing judge, the probate master has all the
2-16 powers and duties of the appointing judge.
2-17 Sec. 54.607. MAGISTRATE. A probate master appointed under
2-18 this subchapter is a magistrate.
2-19 Sec. 54.608. ORDERS, JUDGMENTS, AND DECREES. (a) The
2-20 appointing judge, by order of record, shall reject or confirm all
2-21 orders, judgments, and decrees of the probate master within the
2-22 period in which the appointing judge could set aside the judge's
2-23 own orders, judgments, or decrees.
2-24 (b) On the date confirmed by the appointing judge, an order,
2-25 judgment, or decree of a probate master has the same effect as an
3-1 order, judgment, or decree made by the appointing judge.
3-2 Sec. 54.609. JUDICIAL IMMUNITY. A probate master appointed
3-3 under this subchapter has the same judicial immunity as the
3-4 appointing judge.
3-5 Sec. 54.610. OBJECTION TO PROBATE MASTER. (a) When a
3-6 probate master is assigned responsibility for a matter, the
3-7 appointing judge shall, if it is reasonable and practicable and if
3-8 time permits, give notice of the assignment to each attorney
3-9 representing a party to the matter that is to be heard in whole or
3-10 part by the probate master.
3-11 (b) If a party files a timely objection to the assignment,
3-12 the probate master may not hear the case.
3-13 (c) An objection under this section must be filed before the
3-14 first hearing or trial, including pretrial hearings, over which the
3-15 probate master is to preside.
3-16 SECTION 2. This Act takes effect September 1, 1997.
3-17 SECTION 3. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.