1-1           By:  Harris                                      S.B. No. 402

 1-2           (In the Senate - Filed January 30, 1997; February 4, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     February 12, 1997, reported favorably by the following vote:  Yeas

 1-5     7, Nays 0; February 12, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the appointment of probate masters for certain courts.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Chapter 54, Government Code, is amended by adding

1-11     Subchapter G to read as follows:

1-12                       SUBCHAPTER G.  PROBATE MASTERS

1-13           Sec. 54.601.  DEFINITION.  In this subchapter, "statutory

1-14     probate court" has the meaning assigned by Section 3, Texas Probate

1-15     Code.

1-16           Sec. 54.602.  APPOINTMENT.  (a)  After obtaining the approval

1-17     of the commissioners court, the judge of a statutory probate court

1-18     by order may appoint a person to act as probate master for the

1-19     statutory probate court.

1-20           (b)  A probate master must meet the qualifications to serve

1-21     as a judge of the court to which appointed.

1-22           Sec. 54.603.  DURATION OF APPOINTMENT.  (a)  Except as

1-23     provided by Subsection (b), the term of an appointment under this

1-24     subchapter is determined by the appointing judge but may not exceed

1-25     four years.

1-26           (b)  The appointment of the probate master terminates if:

1-27                 (1)  the appointing judge vacates his office;

1-28                 (2)  the probate master becomes a candidate for

1-29     election to public office; or

1-30                 (3)  the commissioners court does not appropriate funds

1-31     in the county's budget to pay the probate master.

1-32           (c)  The appointing judge shall note the duration of the

1-33     appointment in the order of appointment.

1-34           Sec. 54.604.  COMPENSATION.  (a)  A probate master is

1-35     entitled to the compensation set by the appointing judge and

1-36     approved by the commissioners court.  The salary of the probate

1-37     master may not exceed the salary of the appointing judge.

1-38           (b)  The compensation of the probate master shall be paid by

1-39     the county from the county general fund in the same manner that the

1-40     appointing judge's salary is paid.

1-41           Sec. 54.605.  OATH.  A probate master must take the

1-42     constitutional oath of office required of appointed officers of

1-43     this state.

1-44           Sec. 54.606.  POWERS AND DUTIES.  Subject to the approval or

1-45     rejection of the appointing judge, the probate master has all the

1-46     powers and duties of the appointing judge.

1-47           Sec. 54.607.  MAGISTRATE.  A probate master appointed under

1-48     this subchapter is a magistrate.

1-49           Sec. 54.608.  ORDERS, JUDGMENTS, AND DECREES.  (a)  The

1-50     appointing judge, by order of record, shall reject or confirm all

1-51     orders, judgments, and decrees of the probate master within the

1-52     period in which the appointing judge could set aside the judge's

1-53     own orders, judgments, or decrees.

1-54           (b)  On the date confirmed by the appointing judge, an order,

1-55     judgment, or decree of a probate master has the same effect as an

1-56     order, judgment, or decree made by the appointing judge.

1-57           Sec. 54.609.  JUDICIAL IMMUNITY.  A probate master appointed

1-58     under this subchapter has the same judicial immunity as the

1-59     appointing judge.

1-60           Sec. 54.610.  OBJECTION TO PROBATE MASTER.  (a)  When a

1-61     probate master is assigned responsibility for a matter, the

1-62     appointing judge shall, if it is reasonable and practicable and if

1-63     time permits, give notice of the assignment to each attorney

1-64     representing a party to the matter that is to be heard in whole or

 2-1     part by the probate master.

 2-2           (b)  If a party files a timely objection to the assignment,

 2-3     the probate master may not hear the case.

 2-4           (c)  An objection under this section must be filed before the

 2-5     first hearing or trial, including pretrial hearings, over which the

 2-6     probate master is to preside.

 2-7           SECTION 2.  This Act takes effect September 1, 1997.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.

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