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. 2-13 * * * * *