1-1     By:  Zaffirini                                        S.B. No. 1735
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     April 8, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; April 8, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1735                  By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the appointment and duties of associate judges and
1-11     child support masters.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (e), Section 201.001, Family Code, is
1-14     amended to read as follows:
1-15           (e)  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 2.  Subsection (d), Section 201.003, Family Code, is
1-18     amended to read as follows:
1-19           (d)  This section does not apply to a master appointed under
1-20     Subchapter B or an associate judge appointed under Subchapter C.
1-21           SECTION 3.  Subsection (d), Section 201.004, Family Code, is
1-22     amended to read as follows:
1-23           (d)  This section does not apply to a master appointed under
1-24     Subchapter B or an associate judge appointed under Subchapter C.
1-25           SECTION 4.  Subsections (c), (d), and (e), Section 201.005,
1-26     Family Code, are amended to read as follows:
1-27           (c)  A party must file an objection to an associate judge
1-28     hearing a trial on the merits or presiding at a jury trial not
1-29     later than the 10th day after the date the party receives notice
1-30     that the associate judge will hear the trial.  If an objection is
1-31     filed, the referring court shall hear the trial on the merits or
1-32     preside at a jury trial.
1-33           (d)  The requirements of Subsections (b) and (c) shall apply
1-34     whenever a judge has authority to refer the trial of a suit under
1-35     this title, Title 1, or Title 4 to an associate judge, master, or
1-36     other assistant judge regardless of whether the assistant judge is
1-37     appointed under this subchapter.  [Unless all parties consent in
1-38     writing to an associate judge hearing a contested trial on the
1-39     merits to terminate parental rights, the court may not refer the
1-40     trial to the associate judge.  If the parties do not consent in
1-41     writing to the associate judge conducting the trial on the merits
1-42     to terminate parental rights, any order terminating parental rights
1-43     rendered under an associate judge's report is void.]
1-44           [(e)  If a jury trial is demanded and a jury fee paid in a
1-45     trial on the merits, the associate judge shall refer any matters
1-46     requiring a jury back to the referring court for a trial before the
1-47     referring court and jury.]
1-48           SECTION 5.  Section 201.007, Family Code, is amended to read
1-49     as follows:
1-50           Sec. 201.007.  POWERS OF ASSOCIATE JUDGE.  (a)  Except as
1-51     limited by an order of referral, an associate judge may:
1-52                 (1)  conduct a hearing;
1-53                 (2)  hear evidence;
1-54                 (3)  compel production of relevant evidence;
1-55                 (4)  rule on the admissibility of evidence;
1-56                 (5)  issue a summons for the appearance of witnesses;
1-57                 (6)  examine a witness;
1-58                 (7)  swear a witness for a hearing;
1-59                 (8)  make findings of fact on evidence;
1-60                 (9)  formulate conclusions of law;
1-61                 (10)  recommend an order to be rendered in a case;
1-62                 (11)  regulate all proceedings in a hearing before the
1-63     associate judge; [and]
1-64                 (12)  order the attachment of a witness or party who
 2-1     fails to obey a subpoena;
 2-2                 (13)  order the detention of a witness or party found
 2-3     guilty of contempt, pending approval by the referring court as
 2-4     provided by Section 201.013; and
 2-5                 (14)  take action as necessary and proper for the
 2-6     efficient performance of the associate judge's duties.
 2-7           (b)  An associate judge may, in the interest of justice,
 2-8     refer a case back to the referring court regardless of whether a
 2-9     timely objection to the associate judge hearing the trial on the
2-10     merits or presiding at a jury trial has been made by any party.
2-11           SECTION 6.  Section 201.009, Family Code, is amended to read
2-12     as follows:
2-13           Sec. 201.009.  COURT REPORTER.  (a)  A court reporter may be
2-14     provided [is not required] during a hearing held by an associate
2-15     judge appointed under this chapter.  A court reporter is required
2-16     to be provided when the associate judge presides over a jury trial
2-17     or a final termination hearing.
2-18           (b)  A party, the associate judge, or the referring court may
2-19     provide for a reporter during the hearing, if one is not otherwise
2-20     provided.
2-21           (c)  The record may be preserved in the absence of a court
2-22     reporter by any other means approved by the associate judge.
2-23           (d)  The referring court or associate judge may tax the
2-24     expense of preserving the record under Subsection (c) as costs.
2-25           (e)  On appeal of the associate judge's report or proposed
2-26     order, the referring court may consider testimony or other evidence
2-27     in the record, if the record is taken by a court reporter, in
2-28     addition to witnesses or other matters presented under Section
2-29     201.015.
2-30           SECTION 7.  Subsections (a), (b), (c), and (e), Section
2-31     201.011, Family Code, are amended to read as follows:
2-32           (a)  The associate judge's report may contain the associate
2-33     judge's findings, conclusions, or recommendations, including a
2-34     proposed order.  The associate judge's report must be in writing in
2-35     the form directed by the referring court.  The form may be a
2-36     notation on the referring court's docket sheet.
2-37           (b)  After a hearing, the associate judge shall provide the
2-38     parties participating in the hearing notice of the substance of the
2-39     associate judge's report.  The notice may be given in the form of a
2-40     proposed order.
2-41           (c)  Notice may be given to the parties:
2-42                 (1)  in open court, by an oral statement or a copy of
2-43     the associate judge's written report, including any proposed order;
2-44     or
2-45                 (2)  by certified mail, return receipt requested.
2-46           (e)  After a hearing conducted by an associate judge, the
2-47     associate judge shall send the associate judge's signed and dated
2-48     report, including any proposed order, and all other papers relating
2-49     to the case to the referring court.
2-50           SECTION 8.  Section 201.013, Family Code, is amended by
2-51     amending Subsection (a) and adding Subsection (c) to read as
2-52     follows:
2-53           (a)  Pending appeal of the associate judge's report,
2-54     including any proposed order, to the referring court, the decisions
2-55     and recommendations of the associate judge are in full force and
2-56     effect and are enforceable as an order of the referring court,
2-57     except for orders providing [for incarceration or] for the
2-58     appointment of a receiver.
2-59           (c)  An order by an associate judge for the temporary
2-60     detention or incarceration of a witness or party shall be presented
2-61     to the referring court on the day the witness or party is detained
2-62     or incarcerated.  The referring court, without prejudice to the
2-63     right of appeal provided by Section 201.015, may approve the
2-64     temporary detention or incarceration or may order the release of
2-65     the party or witness, with or without bond, pending appeal.  If the
2-66     referring court is not immediately available, the associate judge
2-67     may order the release of the party or witness, with or without
2-68     bond, pending appeal or may continue the person's detention or
2-69     incarceration for not more than 72 hours.
 3-1           SECTION 9.  Section 201.014, Family Code, is amended to read
 3-2     as follows:
 3-3           Sec. 201.014.  JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
 3-4     Unless a party files a written notice of appeal, the referring
 3-5     court may:
 3-6                 (1)  adopt, modify, or reject the associate judge's
 3-7     report, including any proposed order;
 3-8                 (2)  hear further evidence; or
 3-9                 (3)  recommit the matter to the associate judge for
3-10     further proceedings.
3-11           SECTION 10.  Section 201.015, Family Code, is amended by
3-12     amending Subsection (c) and adding Subsections (h) and (i) to read
3-13     as follows:
3-14           (c)  On appeal to the referring court, the parties may
3-15     present witnesses as in a hearing de novo on the issues raised in
3-16     the appeal.  The court may also consider the record from the
3-17     hearing before the associate judge, including the charge to and
3-18     verdict returned by a jury, if the record was taken by a court
3-19     reporter.
3-20           (h)  Denial of an appeal under this section or waiver of the
3-21     right to appeal to the referring court does not affect the right of
3-22     a party to file a motion for new trial, motion for judgment
3-23     notwithstanding the verdict, or other post-trial motion.
3-24           (i)  A party may not demand a second jury on appeal of an
3-25     associate judge's report, including any proposed order, resulting
3-26     from a jury trial.
3-27           SECTION 11.  Subsection (b), Section 201.102, Family Code, is
3-28     amended to read as follows:
3-29           (b)  Except as provided by this subchapter, the [following]
3-30     provisions of Subchapter A relating to an associate judge apply to
3-31     a master appointed under this subchapter[:]
3-32                 [(1)  the appearance of a party or witness before an
3-33     associate judge;]
3-34                 [(2)  the papers transmitted to the judge by the
3-35     associate judge;]
3-36                 [(3)  judicial action taken on an associate judge's
3-37     report;]
3-38                 [(4)  hearings before the judge;]
3-39                 [(5)  an appeal;]
3-40                 [(6)  the effect of the associate judge's report
3-41     pending an appeal;]
3-42                 [(7)  a jury trial;]
3-43                 [(8)  the attendance of a bailiff; and]
3-44                 [(9)  the presence of a court reporter].
3-45           SECTION 12.  Chapter 201, Family Code, is amended by adding
3-46     Subchapter C to read as follows:
3-47        SUBCHAPTER C.  ASSOCIATE JUDGE FOR SUBSTITUTE CARE AND CHILD
3-48                          PROTECTIVE SERVICES CASES
3-49           Sec. 201.201.  AUTHORITY OF PRESIDING JUDGE.  (a)  The
3-50     presiding judge of each administrative judicial region, after
3-51     conferring with the judges of courts in the region having family
3-52     law jurisdiction and a substitute care caseload, shall determine
3-53     which courts require the appointment of a full-time or part-time
3-54     associate judge to complete each case within the times specified in
3-55     Chapters 262 and 263.
3-56           (b)  The presiding judge may limit the appointment to a
3-57     specified period and may terminate an appointment at any time.
3-58           (c)  An associate judge appointed under this subchapter may
3-59     be appointed to serve more than one court.  Two or more judges of
3-60     administrative judicial regions may jointly appoint one or more
3-61     associate judges to serve the regions.
3-62           (d)  If the presiding judge determines that a court requires
3-63     an associate judge, the presiding judge shall appoint an associate
3-64     judge.  If an associate judge is appointed for a court, all
3-65     substitute care cases shall be referred to the associate judge by a
3-66     general order for each county issued by the judge of the court for
3-67     which the associate judge is appointed or, in the absence of that
3-68     order, by a general order issued by the presiding judge who
3-69     appointed the associate judge.
 4-1           (e)  This section does not limit the jurisdiction of a court
 4-2     to issue orders under Chapter 262 or 263.
 4-3           Sec. 201.202.  APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.
 4-4     (a)  Except as provided by this subchapter, Subchapter A applies to
 4-5     an associate judge appointed under this subchapter.
 4-6           (b)  An associate judge may reside anywhere in the
 4-7     administrative judicial region in which the court to which the
 4-8     associate judge is appointed is located.  An associate judge
 4-9     appointed to serve in two or more administrative judicial regions
4-10     may reside anywhere in the regions.
4-11           Sec. 201.203.  DESIGNATION OF HOST COUNTY.  (a)  The
4-12     presiding judges of the administrative judicial regions by majority
4-13     vote shall determine the host county of an associate judge
4-14     appointed under this subchapter.
4-15           (b)  The host county shall provide an adequate courtroom and
4-16     quarters, including furniture, necessary utilities, and telephone
4-17     equipment and service, for the associate judge and other personnel
4-18     assisting the associate judge.
4-19           (c)  An associate judge is not required to reside in the host
4-20     county.
4-21           Sec. 201.204.  GENERAL POWERS AND DUTIES OF ASSOCIATE JUDGE.
4-22     (a)  On the motion of a party, an associate judge may refer a
4-23     complex case back to the referring court for final disposition
4-24     after recommending temporary orders for the protection of a child.
4-25           (b)  An associate judge shall take testimony and make a
4-26     record in a case as provided by this chapter.
4-27           Sec. 201.205.  COMPENSATION OF ASSOCIATE JUDGE.  (a)  An
4-28     associate judge appointed under this subchapter is entitled to a
4-29     salary as determined by a majority vote of the presiding judges of
4-30     the administrative judicial regions.  The salary may not exceed 90
4-31     percent of the salary paid to a district judge as set by the state
4-32     General Appropriations Act.
4-33           (b)  The associate judge's salary shall be paid from county
4-34     funds available for payment of officers' salaries subject to the
4-35     approval of the commissioners court or from funds available from
4-36     the state and federal governments as provided in Section 201.207.
4-37           Sec. 201.206.  PERSONNEL.  (a)  The presiding judge of an
4-38     administrative judicial region or the presiding judges of the
4-39     administrative judicial regions, by majority vote, may appoint
4-40     personnel as needed to implement and administer the provisions of
4-41     this subchapter.
4-42           (b)  The salary of the personnel shall be paid from county
4-43     funds available for payment of officers' salaries subject to the
4-44     approval of the commissioners court or from funds available from
4-45     the state and federal governments as provided by Section 201.207.
4-46           Sec. 201.207.  STATE AND FEDERAL FUNDS; PERSONNEL.  (a)  The
4-47     office of court administration may contract for available state and
4-48     federal funds from any source and may employ personnel needed to
4-49     implement and administer this subchapter.  An associate judge and
4-50     other personnel appointed under this subsection are state employees
4-51     for all purposes, including accrual of leave time, insurance
4-52     benefits, retirement benefits, and travel regulations.
4-53           (b)  The presiding judges of the administrative judicial
4-54     regions, state agencies, and counties may contract for available
4-55     federal funds from any source to reimburse costs and salaries
4-56     associated with associate judges and personnel appointed under this
4-57     section and may also use available state funds and public or
4-58     private grants.
4-59           (c)  The presiding judges and the office of court
4-60     administration in cooperation with other agencies shall take action
4-61     necessary to maximize the amount of federal money available to fund
4-62     the use of associate judges under this subchapter.
4-63           Sec. 201.208.  APPOINTMENT OF ASSOCIATE JUDGE FOR CHILD
4-64     PROTECTION CASES.  (a)  The presiding judge of an administrative
4-65     judicial region may appoint an associate judge for a court handling
4-66     child protection cases.
4-67           (b)  This chapter does not limit the authority of a presiding
4-68     judge to appoint visiting or retired judges to assist in processing
4-69     cases in a reasonable time.
 5-1           SECTION 13.  (a)  Section 201.1085, Family Code, as added by
 5-2     Chapter 600, Acts of the 75th Legislature, Regular Session, 1997,
 5-3     and Section 201.1085, Family Code, as added by Chapter 1022, Acts
 5-4     of the 75th Legislature, Regular Session, 1997, are repealed.
 5-5           (b)  Section 201.111, Family Code, is repealed.
 5-6           SECTION 14.  This Act takes effect September 1, 1999.
 5-7           SECTION 15.  The importance of this legislation and the
 5-8     crowded condition of the calendars in both houses create an
 5-9     emergency and an imperative public necessity that the
5-10     constitutional rule requiring bills to be read on three several
5-11     days in each house be suspended, and this rule is hereby suspended.
5-12                                  * * * * *