76R14483 MCK-D
By Zaffirini S.B. No. 1735
Substitute the following for S.B. No. 1735:
By Goodman C.S.S.B. No. 1735
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. Subsection (e), Section 201.001, Family Code, is
1-6 amended to 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. Subsection (d), Section 201.003, Family Code, is
1-10 amended to 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. Subsection (d), Section 201.004, Family Code, is
1-14 amended to 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. Subsections (c), (d), and (e), Section 201.005,
1-18 Family Code, 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) The requirements of Subsections (b) and (c) shall apply
2-2 whenever a judge has authority to refer the trial of a suit under
2-3 this title, Title 1, or Title 4 to an associate judge, master, or
2-4 other assistant judge regardless of whether the assistant judge is
2-5 appointed under this subchapter. [Unless all parties consent in
2-6 writing to an associate judge hearing a contested trial on the
2-7 merits to terminate parental rights, the court may not refer the
2-8 trial to the associate judge. If the parties do not consent in
2-9 writing to the associate judge conducting the trial on the merits
2-10 to terminate parental rights, any order terminating parental rights
2-11 rendered under an associate judge's report is void.]
2-12 [(e) If a jury trial is demanded and a jury fee paid in a
2-13 trial on the merits, the associate judge shall refer any matters
2-14 requiring a jury back to the referring court for a trial before the
2-15 referring court and jury.]
2-16 SECTION 5. Section 201.007, Family Code, is amended to read
2-17 as follows:
2-18 Sec. 201.007. POWERS OF ASSOCIATE JUDGE. (a) Except as
2-19 limited by an order of referral, an associate judge may:
2-20 (1) conduct a hearing;
2-21 (2) hear evidence;
2-22 (3) compel production of relevant evidence;
2-23 (4) rule on the admissibility of evidence;
2-24 (5) issue a summons for the appearance of witnesses;
2-25 (6) examine a witness;
2-26 (7) swear a witness for a hearing;
2-27 (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
3-27 reporter by any other means approved by the associate judge.
4-1 (d) The referring court or associate judge may tax the
4-2 expense of preserving the record under Subsection (c) as costs.
4-3 (e) On appeal of the associate judge's report or proposed
4-4 order, the referring court may consider testimony or other evidence
4-5 in the record, if the record is taken by a court reporter, in
4-6 addition to witnesses or other matters presented under Section
4-7 201.015.
4-8 SECTION 7. Subsections (a), (b), (c), and (e), Section
4-9 201.011, Family Code, are amended to read as follows:
4-10 (a) The associate judge's report may contain the associate
4-11 judge's findings, conclusions, or recommendations, including a
4-12 proposed order. The associate judge's report must be in writing in
4-13 the form directed by the referring court. The form may be a
4-14 notation on the referring court's docket sheet.
4-15 (b) After a hearing, the associate judge shall provide the
4-16 parties participating in the hearing notice of the substance of the
4-17 associate judge's report. The notice may be given in the form of a
4-18 proposed order.
4-19 (c) Notice may be given to the parties:
4-20 (1) in open court, by an oral statement or a copy of
4-21 the associate judge's written report, including any proposed order;
4-22 or
4-23 (2) by certified mail, return receipt requested.
4-24 (e) After a hearing conducted by an associate judge, the
4-25 associate judge shall send the associate judge's signed and dated
4-26 report, including any proposed order, and all other papers relating
4-27 to the case to the referring court.
5-1 SECTION 8. Section 201.013, Family Code, is amended by
5-2 amending Subsection (a) and adding Subsection (c) to read as
5-3 follows:
5-4 (a) Pending appeal of the associate judge's report,
5-5 including any proposed order, to the referring court, the decisions
5-6 and recommendations of the associate judge are in full force and
5-7 effect and are enforceable as an order of the referring court,
5-8 except for orders providing [for incarceration or] for the
5-9 appointment of a receiver.
5-10 (c) An order by an associate judge for the temporary
5-11 detention or incarceration of a witness or party shall be presented
5-12 to the referring court on the day the witness or party is detained
5-13 or incarcerated. The referring court, without prejudice to the
5-14 right of appeal provided by Section 201.015, may approve the
5-15 temporary detention or incarceration or may order the release of
5-16 the party or witness, with or without bond, pending appeal. If the
5-17 referring court is not immediately available, the associate judge
5-18 may order the release of the party or witness, with or without
5-19 bond, pending appeal or may continue the person's detention or
5-20 incarceration for not more than 72 hours.
5-21 SECTION 9. Section 201.014, Family Code, is amended to read
5-22 as follows:
5-23 Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
5-24 Unless a party files a written notice of appeal, the referring
5-25 court may:
5-26 (1) adopt, modify, or reject the associate judge's
5-27 report, including any proposed order;
6-1 (2) hear further evidence; or
6-2 (3) recommit the matter to the associate judge for
6-3 further proceedings.
6-4 SECTION 10. Section 201.015, Family Code, is amended by
6-5 amending Subsection (c) and adding Subsections (h) and (i) to read
6-6 as follows:
6-7 (c) On appeal to the referring court, the parties may
6-8 present witnesses as in a hearing de novo on the issues raised in
6-9 the appeal. The court may also consider the record from the
6-10 hearing before the associate judge, including the charge to and
6-11 verdict returned by a jury, if the record was taken by a court
6-12 reporter.
6-13 (h) Denial of an appeal under this section or waiver of the
6-14 right to appeal to the referring court does not affect the right of
6-15 a party to file a motion for new trial, motion for judgment
6-16 notwithstanding the verdict, or other post-trial motion.
6-17 (i) A party may not demand a second jury on appeal of an
6-18 associate judge's report, including any proposed order, resulting
6-19 from a jury trial.
6-20 SECTION 11. Subsection (b), Section 201.102, Family Code, is
6-21 amended to read as follows:
6-22 (b) Except as provided by this subchapter, the [following]
6-23 provisions of Subchapter A relating to an associate judge apply to
6-24 a master appointed under this subchapter[:]
6-25 [(1) the appearance of a party or witness before an
6-26 associate judge;]
6-27 [(2) the papers transmitted to the judge by the
7-1 associate judge;]
7-2 [(3) judicial action taken on an associate judge's
7-3 report;]
7-4 [(4) hearings before the judge;]
7-5 [(5) an appeal;]
7-6 [(6) the effect of the associate judge's report
7-7 pending an appeal;]
7-8 [(7) a jury trial;]
7-9 [(8) the attendance of a bailiff; and]
7-10 [(9) the presence of a court reporter].
7-11 SECTION 12. Chapter 201, Family Code, is amended by adding
7-12 Subchapter C to read as follows:
7-13 SUBCHAPTER C. ASSOCIATE JUDGE FOR SUBSTITUTE CARE AND CHILD
7-14 PROTECTIVE SERVICES CASES
7-15 Sec. 201.201. AUTHORITY OF PRESIDING JUDGE. (a) The
7-16 presiding judge of each administrative judicial region, after
7-17 conferring with the judges of courts in the region having family
7-18 law jurisdiction and a substitute care caseload, shall determine
7-19 which courts require the appointment of a full-time or part-time
7-20 associate judge to complete each case within the times specified in
7-21 Chapters 262 and 263.
7-22 (b) The presiding judge may limit the appointment to a
7-23 specified period and may terminate an appointment at any time.
7-24 (c) An associate judge appointed under this subchapter may
7-25 be appointed to serve more than one court. Two or more judges of
7-26 administrative judicial regions may jointly appoint one or more
7-27 associate judges to serve the regions.
8-1 (d) If the presiding judge determines that a court requires
8-2 an associate judge, the presiding judge shall appoint an associate
8-3 judge. If an associate judge is appointed for a court, all
8-4 substitute care cases shall be referred to the associate judge by a
8-5 general order for each county issued by the judge of the court for
8-6 which the associate judge is appointed or, in the absence of that
8-7 order, by a general order issued by the presiding judge who
8-8 appointed the associate judge.
8-9 (e) This section does not limit the jurisdiction of a court
8-10 to issue orders under Chapter 262 or 263.
8-11 Sec. 201.202. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.
8-12 (a) Except as provided by this subchapter, Subchapter A applies to
8-13 an associate judge appointed under this subchapter.
8-14 (b) An associate judge may reside anywhere in the
8-15 administrative judicial region in which the court to which the
8-16 associate judge is appointed is located. An associate judge
8-17 appointed to serve in two or more administrative judicial regions
8-18 may reside anywhere in the regions.
8-19 Sec. 201.203. DESIGNATION OF HOST COUNTY. (a) Subject to
8-20 the approval of the commissioners court of the proposed host
8-21 county, the presiding judges of the administrative judicial regions
8-22 by majority vote shall determine the host county of an associate
8-23 judge appointed under this subchapter.
8-24 (b) The host county shall provide an adequate courtroom and
8-25 quarters, including furniture, necessary utilities, and telephone
8-26 equipment and service, for the associate judge and other personnel
8-27 assisting the associate judge.
9-1 (c) An associate judge is not required to reside in the host
9-2 county.
9-3 Sec. 201.204. GENERAL POWERS AND DUTIES OF ASSOCIATE JUDGE.
9-4 (a) On the motion of a party, an associate judge may refer a
9-5 complex case back to the referring court for final disposition
9-6 after recommending temporary orders for the protection of a child.
9-7 (b) An associate judge shall take testimony and make a
9-8 record in a case as provided by this chapter.
9-9 Sec. 201.205. COMPENSATION OF ASSOCIATE JUDGE. (a) An
9-10 associate judge appointed under this subchapter is entitled to a
9-11 salary as determined by a majority vote of the presiding judges of
9-12 the administrative judicial regions. The salary may not exceed 90
9-13 percent of the salary paid to a district judge as set by the state
9-14 General Appropriations Act.
9-15 (b) The associate judge's salary shall be paid from county
9-16 funds available for payment of officers' salaries subject to the
9-17 approval of the commissioners court or from funds available from
9-18 the state and federal governments as provided in Section 201.207.
9-19 Sec. 201.206. PERSONNEL. (a) The presiding judge of an
9-20 administrative judicial region or the presiding judges of the
9-21 administrative judicial regions, by majority vote, may appoint
9-22 personnel as needed to implement and administer the provisions of
9-23 this subchapter.
9-24 (b) The salary of the personnel shall be paid from county
9-25 funds available for payment of officers' salaries subject to the
9-26 approval of the commissioners court or from funds available from
9-27 the state and federal governments as provided by Section 201.207.
10-1 Sec. 201.207. STATE AND FEDERAL FUNDS; PERSONNEL. (a) The
10-2 office of court administration may contract for available state and
10-3 federal funds from any source and may employ personnel needed to
10-4 implement and administer this subchapter. An associate judge and
10-5 other personnel appointed under this subsection are state employees
10-6 for all purposes, including accrual of leave time, insurance
10-7 benefits, retirement benefits, and travel regulations.
10-8 (b) The presiding judges of the administrative judicial
10-9 regions, state agencies, and counties may contract for available
10-10 federal funds from any source to reimburse costs and salaries
10-11 associated with associate judges and personnel appointed under this
10-12 section and may also use available state funds and public or
10-13 private grants.
10-14 (c) The presiding judges and the office of court
10-15 administration in cooperation with other agencies shall take action
10-16 necessary to maximize the amount of federal money available to fund
10-17 the use of associate judges under this subchapter.
10-18 Sec. 201.208. APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD
10-19 PROTECTION CASES. (a) The presiding judge of an administrative
10-20 judicial region may appoint an associate judge for a court handling
10-21 child protection cases.
10-22 (b) This chapter does not limit the authority of a presiding
10-23 judge to appoint visiting or retired judges to assist in processing
10-24 cases in a reasonable time.
10-25 SECTION 13. Section 201.1085, Family Code, as added by
10-26 Chapter 600, Acts of the 75th Legislature, Regular Session, 1997,
10-27 and Section 201.1085, Family Code, as added by Chapter 1022, Acts
11-1 of the 75th Legislature, Regular Session, 1997, are repealed.
11-2 SECTION 14. This Act takes effect September 1, 1999.
11-3 SECTION 15. The importance of this legislation and the
11-4 crowded condition of the calendars in both houses create an
11-5 emergency and an imperative public necessity that the
11-6 constitutional rule requiring bills to be read on three several
11-7 days in each house be suspended, and this rule is hereby suspended.