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)  Subject to
8-25     the approval of the commissioners court of the proposed host
8-26     county, the presiding judges of the administrative judicial regions
 9-1     by majority vote shall determine the host county of an associate
 9-2     judge appointed under this subchapter.
 9-3           (b)  The host county shall provide an adequate courtroom and
 9-4     quarters, including furniture, necessary utilities, and telephone
 9-5     equipment and service, for the associate judge and other personnel
 9-6     assisting the associate judge.
 9-7           (c)  An associate judge is not required to reside in the host
 9-8     county.
 9-9           Sec. 201.204.  GENERAL POWERS AND DUTIES OF ASSOCIATE JUDGE.
9-10     (a)  On the motion of a party, an associate judge may refer a
9-11     complex case back to the referring court for final disposition
9-12     after recommending temporary orders for the protection of a child.
9-13           (b)  An associate judge shall take testimony and make a
9-14     record in a case as provided by this chapter.
9-15           Sec. 201.205.  COMPENSATION OF ASSOCIATE JUDGE.  (a)  An
9-16     associate judge appointed under this subchapter is entitled to a
9-17     salary as determined by a majority vote of the presiding judges of
9-18     the administrative judicial regions.  The salary may not exceed 90
9-19     percent of the salary paid to a district judge as set by the state
9-20     General Appropriations Act.
9-21           (b)  The associate judge's salary shall be paid from county
9-22     funds available for payment of officers' salaries subject to the
9-23     approval of the commissioners court or from funds available from
9-24     the state and federal governments as provided in Section 201.207.
9-25           Sec. 201.206.  PERSONNEL.  (a)  The presiding judge of an
9-26     administrative judicial region or the presiding judges of the
 10-1    administrative judicial regions, by majority vote, may appoint
 10-2    personnel as needed to implement and administer the provisions of
 10-3    this subchapter.
 10-4          (b)  The salary of the personnel shall be paid from county
 10-5    funds available for payment of officers' salaries subject to the
 10-6    approval of the commissioners court or from funds available from
 10-7    the state and federal governments as provided by Section 201.207.
 10-8          Sec. 201.207.  STATE AND FEDERAL FUNDS; PERSONNEL.  (a)  The
 10-9    office of court administration may contract for available state and
10-10    federal funds from any source and may employ personnel needed to
10-11    implement and administer this subchapter.  An associate judge and
10-12    other personnel appointed under this subsection are state employees
10-13    for all purposes, including accrual of leave time, insurance
10-14    benefits, retirement benefits, and travel regulations.
10-15          (b)  The presiding judges of the administrative judicial
10-16    regions, state agencies, and counties may contract for available
10-17    federal funds from any source to reimburse costs and salaries
10-18    associated with associate judges and personnel appointed under this
10-19    section and may also use available state funds and public or
10-20    private grants.
10-21          (c)  The presiding judges and the office of court
10-22    administration in cooperation with other agencies shall take action
10-23    necessary to maximize the amount of federal money available to fund
10-24    the use of associate judges under this subchapter.
10-25          Sec. 201.208.  APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD
10-26    PROTECTION CASES.  (a)  The presiding judge of an administrative
 11-1    judicial region may appoint an associate judge for a court handling
 11-2    child protection cases.
 11-3          (b)  This chapter does not limit the authority of a presiding
 11-4    judge to appoint visiting or retired judges to assist in processing
 11-5    cases in a reasonable time.
 11-6          SECTION 13.  Section 56.54, Code of Criminal Procedure, is
 11-7    amended by adding Subsection (j) to read as follows:
 11-8          (j)  The legislature may appropriate money in the
 11-9    compensation to victims of crime fund to administer the associate
11-10    judge program under Subchapter C, Chapter 201, Family Code.
11-11          SECTION 14.  Section 201.1085, Family Code, as added by
11-12    Chapter 600, Acts of the 75th Legislature, Regular Session, 1997,
11-13    and Section 201.1085, Family Code, as added by Chapter 1022, Acts
11-14    of the 75th Legislature, Regular Session, 1997, are repealed.
11-15          SECTION 15.  This Act takes effect September 1, 1999.
11-16          SECTION 16.  The importance of this legislation and the
11-17    crowded condition of the calendars in both houses create an
11-18    emergency and an imperative public necessity that the
11-19    constitutional rule requiring bills to be read on three several
11-20    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1735 passed the Senate on
         April 22, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendments on May 17, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1735 passed the House, with
         amendments, on May 11, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor