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.