AN ACT
1-1 relating to associate judges appointed by the district courts and
1-2 county courts at law of Fort Bend County.
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 S to read as follows:
1-6 SUBCHAPTER S. CIVIL, JUVENILE, AND CRIMINAL LAW
1-7 ASSOCIATE JUDGES IN FORT BEND COUNTY
1-8 Sec. 54.1001. APPOINTMENT. (a) A majority of the judges of
1-9 the district courts and the statutory county courts at law in Fort
1-10 Bend County may determine that one or more full-time or part-time
1-11 associate judges are needed to serve those courts.
1-12 (b) The judges shall issue an order reflecting that
1-13 determination and specifying the number of associate judges and
1-14 support staff needed.
1-15 (c) Subject to the determination of need by the district
1-16 courts and statutory county courts at law and the approval of the
1-17 commissioners court of the county, each judge may appoint one or
1-18 more associate judges and support staff to serve the judge's court.
1-19 (d) Judges may act together to appoint associate judges to
1-20 serve their courts.
1-21 Sec. 54.1002. QUALIFICATIONS. To be eligible for
1-22 appointment as an associate judge, a person must:
1-23 (1) be a resident of this state; and
2-1 (2) have been licensed to practice law in this state
2-2 for at least four years.
2-3 Sec. 54.1003. ORDER OF APPOINTMENT. The order appointing an
2-4 associate judge must be entered in the minutes of each court making
2-5 the order and must state:
2-6 (1) the associate judge's name and state bar
2-7 identification number;
2-8 (2) the name of each court the associate judge will
2-9 serve; and
2-10 (3) the date the associate judge's service is to
2-11 begin.
2-12 Sec. 54.1004. COMPENSATION. The commissioners court shall
2-13 set the compensation for associate judges and support staff and
2-14 determine the total amount the county will pay as compensation for
2-15 associate judges and support staff.
2-16 Sec. 54.1005. JUDICIAL IMMUNITY. An associate judge
2-17 appointed under this subchapter has the same judicial immunity as
2-18 the district court and statutory county court at law judges.
2-19 Sec. 54.1006. TERMINATION OF EMPLOYMENT. (a) An associate
2-20 judge who serves a single court serves at the will of the judge of
2-21 that court.
2-22 (b) The employment of an associate judge who serves two
2-23 courts may be terminated by either of the judges of those courts.
2-24 (c) The employment of an associate judge who serves more
2-25 than two courts may be terminated by a majority of the judges of
3-1 those courts.
3-2 (d) To terminate an associate judge's employment, the
3-3 appropriate judges must sign a written order of termination. The
3-4 order must state:
3-5 (1) the associate judge's name and state bar
3-6 identification number;
3-7 (2) the name of the court ordering the termination;
3-8 and
3-9 (3) the date the associate judge's services end.
3-10 Sec. 54.1007. WITHDRAWAL OF APPOINTMENT FOR PARTICULAR
3-11 COURT. The judge of a court for which an associate judge has been
3-12 appointed may withdraw the associate judge's appointment to that
3-13 court by written order. The order must state:
3-14 (1) the associate judge's name and state bar
3-15 identification number;
3-16 (2) the name of the court ordering the withdrawal; and
3-17 (3) the date the associate judge's services end as to
3-18 that court.
3-19 Sec. 54.1008. PROCEEDINGS THAT MAY BE REFERRED. (a) A
3-20 judge may refer to an associate judge any criminal case for
3-21 proceedings involving:
3-22 (1) a negotiated plea of guilty before the court;
3-23 (2) a bond forfeiture;
3-24 (3) a pretrial motion;
3-25 (4) a postconviction writ of habeas corpus;
4-1 (5) an examining trial; and
4-2 (6) any other matter the judge considers necessary and
4-3 proper.
4-4 (b) An associate judge may not preside over a trial on the
4-5 merits, whether or not the trial is before a jury.
4-6 Sec. 54.1009. CASES THAT MAY BE REFERRED. (a) A judge may
4-7 refer to an associate judge any juvenile, probate, or civil case or
4-8 portion of one of those cases brought:
4-9 (1) under Title 1, 2, 3, 4, or 5, Family Code;
4-10 (2) in connection with Rule 308a, Texas Rules of Civil
4-11 Procedure;
4-12 (3) in connection with Title 7, Health and Safety
4-13 Code; or
4-14 (4) under the civil jurisdiction of the appointing
4-15 court.
4-16 (b) An associate judge may not preside over a trial on the
4-17 merits, whether or not the trial is before a jury.
4-18 Sec. 54.1010. METHOD OF REFERRAL. A case may be referred as
4-19 prescribed by published local rules or by written orders.
4-20 Sec. 54.1011. DUTIES AND POWERS. (a) Except as limited by
4-21 an order of referral, an associate judge to whom a case is referred
4-22 may:
4-23 (1) conduct hearings;
4-24 (2) hear evidence;
4-25 (3) compel production of relevant evidence;
5-1 (4) rule on admissibility of evidence;
5-2 (5) issue summons for the appearance of witnesses;
5-3 (6) examine witnesses;
5-4 (7) swear witnesses for hearings;
5-5 (8) make findings of fact on evidence;
5-6 (9) formulate conclusions of law;
5-7 (10) rule on a pretrial motion;
5-8 (11) recommend the rulings, orders, or judgment to be
5-9 made in a case;
5-10 (12) regulate proceedings in a hearing; and
5-11 (13) do any act and take any measure necessary and
5-12 proper for the efficient performance of the duties required by the
5-13 order of referral.
5-14 (b) An associate judge may not enter a ruling on any issue
5-15 of law or fact if that ruling could result in dismissal or require
5-16 dismissal of a pending criminal prosecution or civil case, but the
5-17 associate judge may make findings, conclusions, and recommendations
5-18 on those issues.
5-19 (c) An order of referral may limit the use or power of an
5-20 associate judge.
5-21 (d) Unless limited by published local rule, by written
5-22 order, or by an order of referral, an associate judge may perform
5-23 all acts and take all measures necessary and proper to perform the
5-24 tasks assigned in a referral.
5-25 (e) An associate judge may administer oaths.
6-1 (f) An associate judge has the jurisdiction provided by the
6-2 constitution and laws of this state for magistrates and is a
6-3 magistrate as defined by Article 2.09, Code of Criminal Procedure.
6-4 Sec. 54.1012. JURY. (a) Except as provided by Subsection
6-5 (b), if a jury trial is demanded in a case referred to an associate
6-6 judge, the associate judge shall refer the case back to the
6-7 referring court for a full hearing according to the usual rules
6-8 applicable to the case.
6-9 (b) A jury demand does not affect the authority of an
6-10 associate judge to handle pretrial matters referred to the
6-11 associate judge.
6-12 Sec. 54.1013. COURT REPORTER. (a) A court reporter need
6-13 not be provided during a hearing conducted by an associate judge.
6-14 (b) Notwithstanding Subsection (a), a referring judge may
6-15 require a reporter at any hearing.
6-16 Sec. 54.1014. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an
6-17 attorney, party, witness, or any other person fails to comply with
6-18 a summons or order, the associate judge may certify in writing that
6-19 failure to the referring court for appropriate action.
6-20 Sec. 54.1015. PERJURY. (a) A witness appearing before an
6-21 associate judge is subject to the penalties of perjury as provided
6-22 by Chapter 37, Penal Code.
6-23 (b) A witness referred to the court under Section 54.1014 is
6-24 subject to the same penalties and orders that may be imposed on a
6-25 witness appearing in a hearing before the court.
7-1 Sec. 54.1016. RETURN TO REFERRING COURT; FINDINGS. At the
7-2 conclusion of the proceedings, an associate judge shall transmit to
7-3 the referring court any papers relating to the case, including the
7-4 associate judge's findings, conclusions, orders, recommendations,
7-5 or other action taken.
7-6 Sec. 54.1017. NOTICE OF RIGHT TO APPEAL. (a) Notice of
7-7 right to appeal to the judge of the referring court shall be given
7-8 to all parties.
7-9 (b) The notice may be given:
7-10 (1) by oral statement in open court; or
7-11 (2) by posting inside or outside the courtroom of the
7-12 referring court.
7-13 Sec. 54.1018. APPEAL TO REFERRING COURT. (a) A party may
7-14 appeal an associate judge's report by filing a notice of appeal not
7-15 later than the sixth day after the date the associate judge submits
7-16 his report to the referring court under Section 54.1016.
7-17 (b) An appeal to the referring court must be filed with the
7-18 court clerk and must specify in writing the findings of the
7-19 associate judge to which the party objects.
7-20 (c) Notice of an appeal to the referring court shall be
7-21 given to all opposing parties or their counsel under Rule 21a,
7-22 Texas Rules of Civil Procedure.
7-23 (d) If an appeal to the referring court is filed by a party,
7-24 any other party may file a response to the appeal not later than
7-25 the seventh day after the date the initial appeal was filed.
8-1 (e) The referring court, after notice to the parties, may
8-2 conduct a hearing de novo on the issues raised in the appeal not
8-3 later than the 30th day after the date on which the initial appeal
8-4 was filed with the referring court.
8-5 Sec. 54.1019. COURT ACTION ON REPORT. (a) After the court
8-6 receives the associate judge's report, or in the case of an appeal
8-7 under Section 54.1018, after the court has decided the appeal, the
8-8 court may adopt, modify, correct, reject, or reverse the associate
8-9 judge's report or may recommit it for further information, as the
8-10 court determines to be proper and necessary in each case.
8-11 (b) If a judgment has been recommended, the court may
8-12 approve the recommendation and hear more evidence before making its
8-13 judgment.
8-14 Sec. 54.1020. DECREE OR JUDGMENT. The finding and
8-15 recommendations become the decree or judgment of the court when
8-16 adopted and approved by an order of the judge.
8-17 Sec. 54.1021. MASTER IN CHANCERY. This subchapter does not
8-18 prohibit a court from appointing a master in chancery as provided
8-19 by Rule 171, Texas Rules of Civil Procedure.
8-20 Sec. 54.1022. REFEREES. (a) An associate judge appointed
8-21 under this subchapter may serve as a referee as provided by
8-22 Sections 51.04(g) and 54.10, Family Code.
8-23 (b) A referee appointed under Section 51.04(g), Family Code,
8-24 may be appointed to serve as an associate judge under this
8-25 subchapter.
S.B. No. 415
9-1 (c) An associate judge appointed under this subchapter may
9-2 serve as a master as provided by Section 574.0085, Health and
9-3 Safety Code.
9-4 SECTION 2. The importance of this legislation and the
9-5 crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended,
9-9 and that this Act take effect and be in force from and after its
9-10 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 415 passed the Senate on
February 26, 1997, by the following vote: Yeas 31, Nays 0; and
that the Senate concurred in House amendment on April 23, 1997, by
the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 415 passed the House, with
amendment, on April 18, 1997, by the following vote: Yeas 142,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor