By Harris                                        S.B. No. 402

      75R4897 MWV-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of probate masters for certain courts.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 54, Government Code, is amended by adding

 1-5     Subchapter G to read as follows:

 1-6                       SUBCHAPTER G.  PROBATE MASTERS

 1-7           Sec. 54.601.  DEFINITION.   In this subchapter, "statutory

 1-8     probate court" has the meaning assigned by Section 3, Texas Probate

 1-9     Code.

1-10           Sec. 54.602.  APPOINTMENT.  (a) After obtaining the approval

1-11     of the commissioners court, the judge of a statutory probate court

1-12     by order may appoint a person to act as probate master for the

1-13     statutory probate court.

1-14           (b)  A probate master must meet the qualifications to serve

1-15     as a judge of the court to which appointed.

1-16           Sec. 54.603.  DURATION OF APPOINTMENT.  (a)  Except as

1-17     provided by Subsection (b), the term of an appointment under this

1-18     subchapter is determined by the appointing judge but may not exceed

1-19     four years.

1-20           (b)  The appointment of the probate master terminates if:

1-21                 (1)  the appointing judge vacates his office;

1-22                 (2)  the probate master becomes a candidate for

1-23     election to public office; or

1-24                 (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

2-26     order, judgment, or decree made by the appointing judge.

2-27           Sec. 54.609.  JUDICIAL IMMUNITY.  A probate master appointed

 3-1     under this subchapter has the same judicial immunity as the

 3-2     appointing judge.

 3-3           Sec. 54.610.  OBJECTION TO PROBATE MASTER.  (a)  When a

 3-4     probate master is assigned responsibility for a matter, the

 3-5     appointing judge shall, if it is reasonable and practicable and if

 3-6     time permits, give notice of the assignment to each attorney

 3-7     representing a party to the matter that is to be heard in whole or

 3-8     part by the probate master.

 3-9           (b)  If a party files a timely objection to the assignment,

3-10     the probate master may not hear the case.

3-11           (c)  An objection under this section must be filed before the

3-12     first hearing or trial, including pretrial hearings, over which the

3-13     probate master is to preside.

3-14           SECTION 2.  This Act takes effect September 1, 1997.

3-15           SECTION 3.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended.