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 * * * * *