By Van de Putte H.B. No. 3706
76R6462 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment and duties of associate judges and
1-3 child support masters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 201.001(e), Family Code, is amended to
1-6 read as follows:
1-7 (e) This section does not apply to a master appointed under
1-8 Subchapter B or an associate judge appointed under Subchapter C.
1-9 SECTION 2. Section 201.003(d), Family Code, is amended to
1-10 read as follows:
1-11 (d) This section does not apply to a master appointed under
1-12 Subchapter B or an associate judge appointed under Subchapter C.
1-13 SECTION 3. Section 201.004(d), Family Code, is amended to
1-14 read as follows:
1-15 (d) This section does not apply to a master appointed under
1-16 Subchapter B or an associate judge appointed under Subchapter C.
1-17 SECTION 4. Sections 201.005(c), (d), and (e), Family Code,
1-18 are amended to read as follows:
1-19 (c) A party must file an objection to an associate judge
1-20 hearing a trial on the merits or presiding at a jury trial not
1-21 later than the 10th day after the date the party receives notice
1-22 that the associate judge will hear the trial. If an objection is
1-23 filed, the referring court shall hear the trial on the merits or
1-24 preside at a jury trial.
2-1 [(d) Unless all parties consent in writing to an associate
2-2 judge hearing a contested trial on the merits to terminate parental
2-3 rights, the court may not refer the trial to the associate judge.
2-4 If the parties do not consent in writing to the associate judge
2-5 conducting the trial on the merits to terminate parental rights,
2-6 any order terminating parental rights rendered under an associate
2-7 judge's report is void.]
2-8 [(e) If a jury trial is demanded and a jury fee paid in a
2-9 trial on the merits, the associate judge shall refer any matters
2-10 requiring a jury back to the referring court for a trial before the
2-11 referring court and jury.]
2-12 SECTION 5. Section 201.007, Family Code, is amended to read
2-13 as follows:
2-14 Sec. 201.007. POWERS OF ASSOCIATE JUDGE. (a) Except as
2-15 limited by an order of referral, an associate judge may:
2-16 (1) conduct a hearing;
2-17 (2) hear evidence;
2-18 (3) compel production of relevant evidence;
2-19 (4) rule on the admissibility of evidence;
2-20 (5) issue a summons for the appearance of witnesses;
2-21 (6) examine a witness;
2-22 (7) swear a witness for a hearing;
2-23 (8) make findings of fact on evidence;
2-24 (9) formulate conclusions of law;
2-25 (10) recommend an order to be rendered in a case;
2-26 (11) regulate all proceedings in a hearing before the
2-27 associate judge;
3-1 (12) order the attachment of a witness or party who
3-2 fails to obey a subpoena;
3-3 (13) order the detention of a witness or party found
3-4 guilty of contempt, pending approval by the referring court as
3-5 provided by Section 201.013; and
3-6 (14) [(12)] take action as necessary and proper for
3-7 the efficient performance of the associate judge's duties.
3-8 (b) An associate judge may, in the interest of justice,
3-9 refer a case back to the referring court regardless of whether a
3-10 timely objection to the associate judge hearing the trial on the
3-11 merits or presiding at a jury trial has been made by any party.
3-12 SECTION 6. Section 201.009, Family Code, is amended to read
3-13 as follows:
3-14 Sec. 201.009. COURT REPORTER. (a) A court reporter may be
3-15 provided [is not required] during a hearing held by an associate
3-16 judge appointed under this chapter. A court reporter is required
3-17 to be provided when the associate judge presides over a jury trial
3-18 or a final termination hearing.
3-19 (b) A party, the associate judge, or the referring court may
3-20 provide for a reporter during the hearing, if one is not otherwise
3-21 provided.
3-22 (c) The record may be preserved in the absence of a court
3-23 reporter by any other means approved by the associate judge.
3-24 (d) The referring court or associate judge may tax the
3-25 expense of preserving the record under Subsection (c) as costs.
3-26 (e) On appeal of the associate judge's report or proposed
3-27 order, the referring court may consider testimony or other evidence
4-1 in the record, if the record is taken by a court reporter, in
4-2 addition to witnesses or other matters presented under Section
4-3 201.015.
4-4 SECTION 7. Sections 201.011(a)-(c) and (e), Family Code, are
4-5 amended to read as follows:
4-6 (a) The associate judge's report may contain the associate
4-7 judge's findings, conclusions, or recommendations, including a
4-8 proposed order. The associate judge's report must be in writing in
4-9 the form directed by the referring court. The form may be a
4-10 notation on the referring court's docket sheet.
4-11 (b) After a hearing, the associate judge shall provide the
4-12 parties participating in the hearing notice of the substance of the
4-13 associate judge's report. The notice may be given in the form of a
4-14 proposed order.
4-15 (c) Notice may be given to the parties:
4-16 (1) in open court, by an oral statement or a copy of
4-17 the associate judge's written report, including any proposed order;
4-18 or
4-19 (2) by certified mail, return receipt requested.
4-20 (e) After a hearing conducted by an associate judge, the
4-21 associate judge shall send the associate judge's signed and dated
4-22 report, including any proposed order, and all other papers relating
4-23 to the case to the referring court.
4-24 SECTION 8. Section 201.013, Family Code, is amended by
4-25 amending Subsection (a) and adding Subsection (c) to read as
4-26 follows:
4-27 (a) Pending appeal of the associate judge's report,
5-1 including any proposed order, to the referring court, the decisions
5-2 and recommendations of the associate judge are in full force and
5-3 effect and are enforceable as an order of the referring court,
5-4 except for orders providing [for incarceration or] for the
5-5 appointment of a receiver.
5-6 (c) An order by an associate judge for the temporary
5-7 detention or incarceration of a witness or party shall be presented
5-8 to the referring court on the day the witness or party is detained
5-9 or incarcerated. The referring court, without prejudice to the
5-10 right of appeal provided by Section 201.015, may approve the
5-11 temporary detention or incarceration or may order the release of
5-12 the party or witness, with or without bond, pending appeal. If the
5-13 referring court is not immediately available, the associate judge
5-14 may order the release of the party or witness, with or without
5-15 bond, pending appeal or may continue the person's detention or
5-16 incarceration for not more than 72 hours.
5-17 SECTION 9. Section 201.014, Family Code, is amended to read
5-18 as follows:
5-19 Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
5-20 Unless a party files a written notice of appeal, the referring
5-21 court may:
5-22 (1) adopt, modify, or reject the associate judge's
5-23 report, including any proposed order;
5-24 (2) hear further evidence; or
5-25 (3) recommit the matter to the associate judge for
5-26 further proceedings.
5-27 SECTION 10. Section 201.015, Family Code, is amended by
6-1 amending Subsection (c) and adding Subsections (h) and (i) to read
6-2 as follows:
6-3 (c) On appeal to the referring court, the parties may
6-4 present witnesses as in a hearing de novo on the issues raised in
6-5 the appeal. The court may also consider the record from the
6-6 hearing before the associate judge, including the charge to and
6-7 verdict returned by a jury, if the record was taken by a court
6-8 reporter.
6-9 (h) Denial of an appeal under this section or waiver of the
6-10 right to appeal to the referring court does not affect the right of
6-11 a party to file a motion for new trial, motion for judgment
6-12 notwithstanding the verdict, or other post-trial motion.
6-13 (i) A party may not demand a second jury on appeal of an
6-14 associate judge's report, including any proposed order, resulting
6-15 from a jury trial.
6-16 SECTION 11. Section 201.102(b), Family Code, is amended to
6-17 read as follows:
6-18 (b) Except as provided by this subchapter, the [following]
6-19 provisions of Subchapter A relating to an associate judge apply to
6-20 a master appointed under this subchapter[:]
6-21 [(1) the appearance of a party or witness before an
6-22 associate judge;]
6-23 [(2) the papers transmitted to the judge by the
6-24 associate judge;]
6-25 [(3) judicial action taken on an associate judge's
6-26 report;]
6-27 [(4) hearings before the judge;]
7-1 [(5) an appeal;]
7-2 [(6) the effect of the associate judge's report
7-3 pending an appeal;]
7-4 [(7) a jury trial;]
7-5 [(8) the attendance of a bailiff; and]
7-6 [(9) the presence of a court reporter].
7-7 SECTION 12. Chapter 201, Family Code, is amended by adding
7-8 Subchapter C to read as follows:
7-9 SUBCHAPTER C. ASSOCIATE JUDGE FOR SUBSTITUTE CARE AND CHILD
7-10 PROTECTIVE SERVICES CASES
7-11 Sec. 201.201. AUTHORITY OF PRESIDING JUDGE. (a) The
7-12 presiding judge of each administrative judicial region, after
7-13 conferring with the judges of courts in the region having family
7-14 law jurisdiction and a substitute care caseload, shall determine
7-15 which courts require the appointment of a full-time or part-time
7-16 associate judge to complete each case within the times specified in
7-17 Chapters 262 and 263.
7-18 (b) The presiding judge may limit the appointment to a
7-19 specified period and may terminate an appointment at any time.
7-20 (c) An associate judge appointed under this subchapter may
7-21 be appointed to serve more than one court. Two or more judges of
7-22 administrative judicial regions may jointly appoint one or more
7-23 associate judges to serve the regions.
7-24 (d) If the presiding judge determines that a court requires
7-25 an associate judge, the presiding judge shall appoint an associate
7-26 judge. If an associate judge is appointed for a court, all
7-27 substitute care cases shall be referred to the associate judge by a
8-1 general order for each county issued by the judge of the court for
8-2 which the associate judge is appointed, or, in the absence of that
8-3 order, by a general order issued by the presiding judge who
8-4 appointed the associate judge.
8-5 (e) This section does not limit the jurisdiction of a court
8-6 to issue orders under Chapter 262 or 263.
8-7 Sec. 201.202. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.
8-8 (a) Except as provided by this subchapter, Subchapter A applies to
8-9 an associate judge appointed under this subchapter.
8-10 (b) An associate judge may reside anywhere in the
8-11 administrative judicial region in which the court to which the
8-12 associate judge is appointed is located. An associate judge
8-13 appointed to serve in two or more administrative judicial regions
8-14 may reside anywhere in the regions.
8-15 Sec. 201.203. DESIGNATION OF HOST COUNTY. (a) The
8-16 presiding judges of the administrative judicial regions by majority
8-17 vote shall determine the host county of an associate judge
8-18 appointed under this subchapter.
8-19 (b) The host county shall provide an adequate courtroom and
8-20 quarters, including furniture, necessary utilities, and telephone
8-21 equipment and service, for the associate judge and other personnel
8-22 assisting the associate judge.
8-23 (c) An associate judge is not required to reside in the host
8-24 county.
8-25 Sec. 201.204. GENERAL POWERS AND DUTIES OF ASSOCIATE JUDGE.
8-26 (a) On the motion of a party, an associate judge may refer a
8-27 complex case back to the referring court for final disposition
9-1 after recommending temporary orders for the protection of a child.
9-2 (b) An associate judge shall take testimony and make a
9-3 record in a case as provided by this chapter.
9-4 Sec. 201.205. COMPENSATION OF ASSOCIATE JUDGE. (a) An
9-5 associate judge appointed under this subchapter is entitled to a
9-6 salary as determined by a majority vote of the presiding judges of
9-7 the administrative judicial regions. The salary may not exceed 90
9-8 percent of the salary paid to a district judge as set by the state
9-9 General Appropriations Act.
9-10 (b) The associate judge's salary shall be paid from county
9-11 funds available for payment of officers' salaries or from funds
9-12 available from the state and federal governments as provided in
9-13 Section 201.207.
9-14 Sec. 201.206. PERSONNEL. (a) The presiding judge of an
9-15 administrative judicial region or the presiding judges of the
9-16 administrative judicial regions, by majority vote, may appoint
9-17 personnel as needed to implement and administer the provision of
9-18 this subchapter.
9-19 (b) The salary of the personnel shall be paid from county
9-20 funds available for payment of officers' salaries or from funds
9-21 available from the state and federal governments as provided by
9-22 Section 201.207.
9-23 Sec. 201.207. STATE AND FEDERAL FUNDS; PERSONNEL. (a) The
9-24 office of court administration may contract for available state and
9-25 federal funds from any source and may employ personnel needed to
9-26 implement and administer this subchapter. An associate judge and
9-27 other personnel appointed under this subsection are state employees
10-1 for all purposes, including accrual of leave time, insurance
10-2 benefits, retirement benefits, and travel regulations.
10-3 (b) The presiding judges of the administrative judicial
10-4 regions, state agencies, and counties may contract for available
10-5 federal funds from any source to reimburse costs and salaries
10-6 associated with associate judges and personnel appointed under this
10-7 section and may also use available state funds and public or
10-8 private grants.
10-9 (c) The presiding judges and the office of court
10-10 administration in cooperation with other agencies shall take action
10-11 necessary to maximize the amount of federal money available to fund
10-12 the use of associate judges under this subchapter.
10-13 Sec. 201.208. APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD
10-14 PROTECTION CASES. (a) The presiding judge of an administrative
10-15 judicial region may appoint an associate judge for a court handling
10-16 child protection cases if the court needs assistance to process the
10-17 cases in a reasonable time.
10-18 (b) This chapter does not limit the authority of a presiding
10-19 judge to appoint visiting or retired judges to assist in processing
10-20 cases in a reasonable time.
10-21 SECTION 13. (a) Section 201.1085, Family Code, as added by
10-22 Chapter 600, Acts of the 75th Legislature, Regular Session, 1997,
10-23 and Section 201.1085, Family Code, as added by Chapter 1022, Acts
10-24 of the 75th Legislature, Regular Session, 1997, are repealed.
10-25 (b) Section 201.111, Family Code, is repealed.
10-26 SECTION 14. This Act takes effect September 1, 1999.
10-27 SECTION 15. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended.