By: Zaffirini S.B. No. 1735
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appointment and duties of associate judges and
1-2 child support masters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (e), Section 201.001, Family Code, is
1-5 amended to read as follows:
1-6 (e) This section does not apply to a master appointed under
1-7 Subchapter B or an associate judge appointed under Subchapter C.
1-8 SECTION 2. Subsection (d), Section 201.003, Family Code, is
1-9 amended to read as follows:
1-10 (d) This section does not apply to a master appointed under
1-11 Subchapter B or an associate judge appointed under Subchapter C.
1-12 SECTION 3. Subsection (d), Section 201.004, Family Code, is
1-13 amended to read as follows:
1-14 (d) This section does not apply to a master appointed under
1-15 Subchapter B or an associate judge appointed under Subchapter C.
1-16 SECTION 4. Subsections (c), (d), and (e), Section 201.005,
1-17 Family Code, are amended to read as follows:
1-18 (c) A party must file an objection to an associate judge
1-19 hearing a trial on the merits or presiding at a jury trial not
1-20 later than the 10th day after the date the party receives notice
1-21 that the associate judge will hear the trial. If an objection is
1-22 filed, the referring court shall hear the trial on the merits or
1-23 preside at a jury trial.
1-24 (d) The requirements of Subsections (b) and (c) shall apply
2-1 whenever a judge has authority to refer the trial of a suit under
2-2 this title, Title 1, or Title 4 to an associate judge, master, or
2-3 other assistant judge regardless of whether the assistant judge is
2-4 appointed under this subchapter. [Unless all parties consent in
2-5 writing to an associate judge hearing a contested trial on the
2-6 merits to terminate parental rights, the court may not refer the
2-7 trial to the associate judge. If the parties do not consent in
2-8 writing to the associate judge conducting the trial on the merits
2-9 to terminate parental rights, any order terminating parental rights
2-10 rendered under an associate judge's report is void.]
2-11 [(e) If a jury trial is demanded and a jury fee paid in a
2-12 trial on the merits, the associate judge shall refer any matters
2-13 requiring a jury back to the referring court for a trial before the
2-14 referring court and jury.]
2-15 SECTION 5. Section 201.007, Family Code, is amended to read
2-16 as follows:
2-17 Sec. 201.007. POWERS OF ASSOCIATE JUDGE. (a) Except as
2-18 limited by an order of referral, an associate judge may:
2-19 (1) conduct a hearing;
2-20 (2) hear evidence;
2-21 (3) compel production of relevant evidence;
2-22 (4) rule on the admissibility of evidence;
2-23 (5) issue a summons for the appearance of witnesses;
2-24 (6) examine a witness;
2-25 (7) swear a witness for a hearing;
2-26 (8) make findings of fact on evidence;
3-1 (9) formulate conclusions of law;
3-2 (10) recommend an order to be rendered in a case;
3-3 (11) regulate all proceedings in a hearing before the
3-4 associate judge; [and]
3-5 (12) order the attachment of a witness or party who
3-6 fails to obey a subpoena;
3-7 (13) order the detention of a witness or party found
3-8 guilty of contempt, pending approval by the referring court as
3-9 provided by Section 201.013; and
3-10 (14) take action as necessary and proper for the
3-11 efficient performance of the associate judge's duties.
3-12 (b) An associate judge may, in the interest of justice,
3-13 refer a case back to the referring court regardless of whether a
3-14 timely objection to the associate judge hearing the trial on the
3-15 merits or presiding at a jury trial has been made by any party.
3-16 SECTION 6. Section 201.009, Family Code, is amended to read
3-17 as follows:
3-18 Sec. 201.009. COURT REPORTER. (a) A court reporter may be
3-19 provided [is not required] during a hearing held by an associate
3-20 judge appointed under this chapter. A court reporter is required
3-21 to be provided when the associate judge presides over a jury trial
3-22 or a final termination hearing.
3-23 (b) A party, the associate judge, or the referring court may
3-24 provide for a reporter during the hearing, if one is not otherwise
3-25 provided.
3-26 (c) The record may be preserved in the absence of a court
4-1 reporter by any other means approved by the associate judge.
4-2 (d) The referring court or associate judge may tax the
4-3 expense of preserving the record under Subsection (c) as costs.
4-4 (e) On appeal of the associate judge's report or proposed
4-5 order, the referring court may consider testimony or other evidence
4-6 in the record, if the record is taken by a court reporter, in
4-7 addition to witnesses or other matters presented under Section
4-8 201.015.
4-9 SECTION 7. Subsections (a), (b), (c), and (e), Section
4-10 201.011, Family Code, are amended to read as follows:
4-11 (a) The associate judge's report may contain the associate
4-12 judge's findings, conclusions, or recommendations, including a
4-13 proposed order. The associate judge's report must be in writing in
4-14 the form directed by the referring court. The form may be a
4-15 notation on the referring court's docket sheet.
4-16 (b) After a hearing, the associate judge shall provide the
4-17 parties participating in the hearing notice of the substance of the
4-18 associate judge's report. The notice may be given in the form of a
4-19 proposed order.
4-20 (c) Notice may be given to the parties:
4-21 (1) in open court, by an oral statement or a copy of
4-22 the associate judge's written report, including any proposed order;
4-23 or
4-24 (2) by certified mail, return receipt requested.
4-25 (e) After a hearing conducted by an associate judge, the
4-26 associate judge shall send the associate judge's signed and dated
5-1 report, including any proposed order, and all other papers relating
5-2 to the case to the referring court.
5-3 SECTION 8. Section 201.013, Family Code, is amended by
5-4 amending Subsection (a) and adding Subsection (c) to read as
5-5 follows:
5-6 (a) Pending appeal of the associate judge's report,
5-7 including any proposed order, to the referring court, the decisions
5-8 and recommendations of the associate judge are in full force and
5-9 effect and are enforceable as an order of the referring court,
5-10 except for orders providing [for incarceration or] for the
5-11 appointment of a receiver.
5-12 (c) An order by an associate judge for the temporary
5-13 detention or incarceration of a witness or party shall be presented
5-14 to the referring court on the day the witness or party is detained
5-15 or incarcerated. The referring court, without prejudice to the
5-16 right of appeal provided by Section 201.015, may approve the
5-17 temporary detention or incarceration or may order the release of
5-18 the party or witness, with or without bond, pending appeal. If the
5-19 referring court is not immediately available, the associate judge
5-20 may order the release of the party or witness, with or without
5-21 bond, pending appeal or may continue the person's detention or
5-22 incarceration for not more than 72 hours.
5-23 SECTION 9. Section 201.014, Family Code, is amended to read
5-24 as follows:
5-25 Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
5-26 Unless a party files a written notice of appeal, the referring
6-1 court may:
6-2 (1) adopt, modify, or reject the associate judge's
6-3 report, including any proposed order;
6-4 (2) hear further evidence; or
6-5 (3) recommit the matter to the associate judge for
6-6 further proceedings.
6-7 SECTION 10. Section 201.015, Family Code, is amended by
6-8 amending Subsection (c) and adding Subsections (h) and (i) to read
6-9 as follows:
6-10 (c) On appeal to the referring court, the parties may
6-11 present witnesses as in a hearing de novo on the issues raised in
6-12 the appeal. The court may also consider the record from the
6-13 hearing before the associate judge, including the charge to and
6-14 verdict returned by a jury, if the record was taken by a court
6-15 reporter.
6-16 (h) Denial of an appeal under this section or waiver of the
6-17 right to appeal to the referring court does not affect the right of
6-18 a party to file a motion for new trial, motion for judgment
6-19 notwithstanding the verdict, or other post-trial motion.
6-20 (i) A party may not demand a second jury on appeal of an
6-21 associate judge's report, including any proposed order, resulting
6-22 from a jury trial.
6-23 SECTION 11. Subsection (b), Section 201.102, Family Code, is
6-24 amended to read as follows:
6-25 (b) Except as provided by this subchapter, the [following]
6-26 provisions of Subchapter A relating to an associate judge apply to
7-1 a master appointed under this subchapter[:]
7-2 [(1) the appearance of a party or witness before an
7-3 associate judge;]
7-4 [(2) the papers transmitted to the judge by the
7-5 associate judge;]
7-6 [(3) judicial action taken on an associate judge's
7-7 report;]
7-8 [(4) hearings before the judge;]
7-9 [(5) an appeal;]
7-10 [(6) the effect of the associate judge's report
7-11 pending an appeal;]
7-12 [(7) a jury trial;]
7-13 [(8) the attendance of a bailiff; and]
7-14 [(9) the presence of a court reporter].
7-15 SECTION 12. Chapter 201, Family Code, is amended by adding
7-16 Subchapter C to read as follows:
7-17 SUBCHAPTER C. ASSOCIATE JUDGE FOR SUBSTITUTE CARE AND CHILD
7-18 PROTECTIVE SERVICES CASES
7-19 Sec. 201.201. AUTHORITY OF PRESIDING JUDGE. (a) The
7-20 presiding judge of each administrative judicial region, after
7-21 conferring with the judges of courts in the region having family
7-22 law jurisdiction and a substitute care caseload, shall determine
7-23 which courts require the appointment of a full-time or part-time
7-24 associate judge to complete each case within the times specified in
7-25 Chapters 262 and 263.
7-26 (b) The presiding judge may limit the appointment to a
8-1 specified period and may terminate an appointment at any time.
8-2 (c) An associate judge appointed under this subchapter may
8-3 be appointed to serve more than one court. Two or more judges of
8-4 administrative judicial regions may jointly appoint one or more
8-5 associate judges to serve the regions.
8-6 (d) If the presiding judge determines that a court requires
8-7 an associate judge, the presiding judge shall appoint an associate
8-8 judge. If an associate judge is appointed for a court, all
8-9 substitute care cases shall be referred to the associate judge by a
8-10 general order for each county issued by the judge of the court for
8-11 which the associate judge is appointed or, in the absence of that
8-12 order, by a general order issued by the presiding judge who
8-13 appointed the associate judge.
8-14 (e) This section does not limit the jurisdiction of a court
8-15 to issue orders under Chapter 262 or 263.
8-16 Sec. 201.202. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.
8-17 (a) Except as provided by this subchapter, Subchapter A applies to
8-18 an associate judge appointed under this subchapter.
8-19 (b) An associate judge may reside anywhere in the
8-20 administrative judicial region in which the court to which the
8-21 associate judge is appointed is located. An associate judge
8-22 appointed to serve in two or more administrative judicial regions
8-23 may reside anywhere in the regions.
8-24 Sec. 201.203. DESIGNATION OF HOST COUNTY. (a) The
8-25 presiding judges of the administrative judicial regions by majority
8-26 vote shall determine the host county of an associate judge
9-1 appointed under this subchapter.
9-2 (b) The host county shall provide an adequate courtroom and
9-3 quarters, including furniture, necessary utilities, and telephone
9-4 equipment and service, for the associate judge and other personnel
9-5 assisting the associate judge.
9-6 (c) An associate judge is not required to reside in the host
9-7 county.
9-8 Sec. 201.204. GENERAL POWERS AND DUTIES OF ASSOCIATE JUDGE.
9-9 (a) On the motion of a party, an associate judge may refer a
9-10 complex case back to the referring court for final disposition
9-11 after recommending temporary orders for the protection of a child.
9-12 (b) An associate judge shall take testimony and make a
9-13 record in a case as provided by this chapter.
9-14 Sec. 201.205. COMPENSATION OF ASSOCIATE JUDGE. (a) An
9-15 associate judge appointed under this subchapter is entitled to a
9-16 salary as determined by a majority vote of the presiding judges of
9-17 the administrative judicial regions. The salary may not exceed 90
9-18 percent of the salary paid to a district judge as set by the state
9-19 General Appropriations Act.
9-20 (b) The associate judge's salary shall be paid from county
9-21 funds available for payment of officers' salaries subject to the
9-22 approval of the commissioners court or from funds available from
9-23 the state and federal governments as provided in Section 201.207.
9-24 Sec. 201.206. PERSONNEL. (a) The presiding judge of an
9-25 administrative judicial region or the presiding judges of the
9-26 administrative judicial regions, by majority vote, may appoint
10-1 personnel as needed to implement and administer the provisions of
10-2 this subchapter.
10-3 (b) The salary of the personnel shall be paid from county
10-4 funds available for payment of officers' salaries subject to the
10-5 approval of the commissioners court or from funds available from
10-6 the state and federal governments as provided by Section 201.207.
10-7 Sec. 201.207. STATE AND FEDERAL FUNDS; PERSONNEL. (a) The
10-8 office of court administration may contract for available state and
10-9 federal funds from any source and may employ personnel needed to
10-10 implement and administer this subchapter. An associate judge and
10-11 other personnel appointed under this subsection are state employees
10-12 for all purposes, including accrual of leave time, insurance
10-13 benefits, retirement benefits, and travel regulations.
10-14 (b) The presiding judges of the administrative judicial
10-15 regions, state agencies, and counties may contract for available
10-16 federal funds from any source to reimburse costs and salaries
10-17 associated with associate judges and personnel appointed under this
10-18 section and may also use available state funds and public or
10-19 private grants.
10-20 (c) The presiding judges and the office of court
10-21 administration in cooperation with other agencies shall take action
10-22 necessary to maximize the amount of federal money available to fund
10-23 the use of associate judges under this subchapter.
10-24 Sec. 201.208. APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD
10-25 PROTECTION CASES. (a) The presiding judge of an administrative
10-26 judicial region may appoint an associate judge for a court handling
11-1 child protection cases.
11-2 (b) This chapter does not limit the authority of a presiding
11-3 judge to appoint visiting or retired judges to assist in processing
11-4 cases in a reasonable time.
11-5 SECTION 13. (a) Section 201.1085, Family Code, as added by
11-6 Chapter 600, Acts of the 75th Legislature, Regular Session, 1997,
11-7 and Section 201.1085, Family Code, as added by Chapter 1022, Acts
11-8 of the 75th Legislature, Regular Session, 1997, are repealed.
11-9 (b) Section 201.111, Family Code, is repealed.
11-10 SECTION 14. This Act takes effect September 1, 1999.
11-11 SECTION 15. The importance of this legislation and the
11-12 crowded condition of the calendars in both houses create an
11-13 emergency and an imperative public necessity that the
11-14 constitutional rule requiring bills to be read on three several
11-15 days in each house be suspended, and this rule is hereby suspended.