By Puente H.B. No. 3192 77R4187 YDB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to associate judges appointed by the district courts of 1-3 Bexar County. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 54, Government Code, is amended by adding 1-6 Subchapter T to read as follows: 1-7 SUBCHAPTER T. CIVIL LAW ASSOCIATE JUDGES IN BEXAR COUNTY 1-8 Sec. 54.1051. APPOINTMENT. (a) The judges of the district 1-9 courts in Bexar County may appoint a full-time or part-time 1-10 associate judge to hear any civil matter within the jurisdiction of 1-11 the district court. 1-12 (b) An associate judge may be appointed to serve more than 1-13 one court with the approval of the judge of each court to which the 1-14 associate judge is appointed to serve. 1-15 (c) An associate judge appointed under Section 201.001, 1-16 Family Code, may also be appointed under this section at the same 1-17 rate of compensation received for appointment under the Family 1-18 Code. 1-19 Sec. 54.1052. QUALIFICATIONS. An associate judge must have 1-20 the same qualifications as required for a judge of a district court 1-21 in Bexar County. 1-22 Sec. 54.1053. ORDER OF APPOINTMENT. The order appointing an 1-23 associate judge must be entered in the minutes of the district 1-24 court. 2-1 Sec. 54.1054. COMPENSATION. An associate judge shall be paid 2-2 a salary as determined by the Commissioners Court of Bexar County. 2-3 Sec. 54.1055. JUDICIAL IMMUNITY. An associate judge 2-4 appointed under this subchapter has the same judicial immunity as a 2-5 district judge. 2-6 Sec. 54.1056. TERMINATION OF EMPLOYMENT. (a) An associate 2-7 judge who serves only one court serves at the will of the judge of 2-8 that court. 2-9 (b) The employment of an associate judge who serves two 2-10 courts may be terminated by the judge of either of the courts 2-11 served. 2-12 (c) The employment of an associate judge who serves more 2-13 than two courts may be terminated by a majority of the judges of 2-14 the courts served. 2-15 (d) A judge seeking to terminate an associate judge's 2-16 employment must sign a written order of termination. 2-17 Sec. 54.1057. CASES THAT MAY BE REFERRED. (a) A judge of a 2-18 district court served by an associate judge appointed under this 2-19 subchapter may refer to the associate judge a civil case or part of 2-20 a civil case brought under the civil jurisdiction of the district 2-21 court. 2-22 (b) An associate judge may preside over a trial on the 2-23 merits, regardless of whether the trial is before a jury. 2-24 Sec. 54.1058. OBJECTION TO APPOINTMENT. (a) Unless a party 2-25 files a written objection, the judge of a district court may refer 2-26 a trial on the merits to an associate judge. 2-27 (b) If a party files an objection to an associate judge 3-1 hearing a trial on the merits or presiding at a jury trial not 3-2 later than the 10th day after the date the party receives notice 3-3 that the associate judge will hear the case, the court shall assign 3-4 the matter for trial without referring the case to an associate 3-5 judge. 3-6 Sec. 54.1059. METHOD OF REFERRAL. A case may be referred to 3-7 an associate judge as provided by published local rules or by 3-8 written orders. 3-9 Sec. 54.1060. DUTIES AND POWERS. (a) Except as limited by 3-10 an order of referral, an associate judge to whom a case is referred 3-11 may: 3-12 (1) conduct hearings; 3-13 (2) hear evidence; 3-14 (3) compel the production of relevant evidence; 3-15 (4) rule on the admissibility of evidence; 3-16 (5) issue summons for the appearance of witnesses; 3-17 (6) examine witnesses; 3-18 (7) swear witnesses for hearings; 3-19 (8) make findings of fact on evidence; 3-20 (9) formulate conclusions of law; 3-21 (10) rule on a pretrial motion; 3-22 (11) recommend the rulings, orders, or judgment to be 3-23 made in a case; 3-24 (12) regulate proceedings in a hearing; 3-25 (13) order the attachment of a witness or party who 3-26 fails to obey a subpoena; 3-27 (14) order the detention of a witness or party found 4-1 guilty of contempt pending the approval of the district judge; 4-2 (15) administer an oath; 4-3 (16) handle pretrial matters for cases to be tried by 4-4 the district court judge; and 4-5 (17) take any action within the authority of a 4-6 district judge necessary and proper for the performance of the 4-7 associate judge's duties. 4-8 (b) An order of referral may limit the use or power of an 4-9 associate judge. 4-10 Sec. 54.1061. JURY. An associate judge shall conduct a full 4-11 hearing according to the usual rules applicable to a jury trial if 4-12 a jury is demanded in a case referred to an associate judge. 4-13 Sec. 54.1062. COURT REPORTER. (a) A referring judge may 4-14 require a reporter at any hearing. 4-15 (b) A court reporter must be provided when an associate 4-16 judge presides over a jury or nonjury trial on the merits. 4-17 (c) On appeal from an associate judge's report on proposed 4-18 orders, the referring court may consider testimony or other 4-19 evidence in the record. 4-20 Sec. 54.1063. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an 4-21 attorney, party, witness, or other person fails to comply with a 4-22 summons or order, an associate judge may certify that failure in 4-23 writing to the referring district court for appropriate action. 4-24 Sec. 54.1064. PERJURY. (a) A witness appearing before an 4-25 associate judge is subject to the penalties of perjury as provided 4-26 by Chapter 37, Penal Code. 4-27 (b) A witness referred to a court under Section 54.1063 is 5-1 subject to the same penalties and orders that may be imposed on a 5-2 witness appearing in a hearing before the district court. 5-3 Sec. 54.1065. REPORT. (a) At the conclusion of the 5-4 proceedings, an associate judge shall transmit to the referring 5-5 court any papers relating to the case, including the associate 5-6 judge's findings, conclusions, orders, recommendations, or other 5-7 action taken. 5-8 (b) The associate judge's report must be in writing and in 5-9 the form prescribed by the referring court. The form may be a 5-10 notation on the court's docket sheet or in the court's jacket. 5-11 (c) After a hearing, an associate judge shall notify the 5-12 parties participating in the hearing of the substance of the 5-13 judge's report. The notice may be given in the form of a proposed 5-14 order. 5-15 (d) Notice required under Subsection (c) may be given: 5-16 (1) in open court by an oral statement or by providing 5-17 a copy of the associate judge's written report, including any 5-18 proposed order; 5-19 (2) by certified mail, return receipt requested; or 5-20 (3) by facsimile. 5-21 (e) An associate judge shall note in the record the date of 5-22 a mailing by certified mail under Subsection (d)(2). Notice is 5-23 considered given on the third day after the date of the mailing. 5-24 (f) After a hearing conducted by an associate judge, the 5-25 associate judge shall send the signed and dated report, including 5-26 any proposed order, and all other papers relating to the case to 5-27 the referring court. 6-1 Sec. 54.1066. NOTICE OF RIGHT TO APPEAL. (a) Each party 6-2 must be given notice of the right to appeal to the judge of the 6-3 referring court. The notice may be given: 6-4 (1) by an oral statement in open court; 6-5 (2) by a posting inside or outside the referring 6-6 court; or 6-7 (3) as otherwise prescribed by the referring court. 6-8 (b) Before the commencement of a hearing before the 6-9 associate judge, a party may waive the right to appeal to the 6-10 referring court in writing or on the record. 6-11 Sec. 54.1067. ORDER OF COURT. (a) Pending appeal to the 6-12 referring court of the associate judge's report, including any 6-13 proposed order, the decisions and recommendations of the associate 6-14 judge are in full force and effect and are enforceable as an order 6-15 of the referring court, except for orders providing for the 6-16 appointment of a receiver. 6-17 (b) If an appeal to the referring court is not filed or the 6-18 right to an appeal to the court is waived, the findings and 6-19 recommendations of the associate judge become the order of the 6-20 court only on the court's signing of an order conforming to the 6-21 associate judge's report. 6-22 (c) An order by an associate judge for the temporary 6-23 detention or incarceration of a witness or party shall be presented 6-24 to the referring court on the date the witness or party is detained 6-25 or incarcerated. The referring court, without prejudice to the 6-26 right of appeal, may approve the temporary detention or 6-27 incarceration or may order the release of the party or witness, 7-1 with or without bond, pending appeal. If the referring court is 7-2 not immediately available, the associate judge may order the 7-3 release of the party or witness, with or without bond, pending 7-4 appeal or may continue the person's detention or incarceration for 7-5 not more than 72 hours. 7-6 Sec. 54.1068. APPEAL TO REFERRING COURT. (a) A party may 7-7 appeal an associate judge's report by filing a notice of appeal not 7-8 later than the third day after the date the party is given notice 7-9 of the associate judge's report under Section 54.1065, unless the 7-10 party has waived the party's right to appeal as provided by Section 7-11 54.1066(b). 7-12 (b) An appeal to the referring court must specify in writing 7-13 the findings of the associate judge to which the party objects. 7-14 The appeal is limited to the specified findings and conclusions. 7-15 (c) On appeal to the referring court, the parties may 7-16 present witnesses as in a hearing de novo on the issues raised in 7-17 the appeal. The court may also consider the record from the 7-18 hearing before the associate judge, including the charge to and 7-19 verdict returned by a jury, if the record was taken by a court 7-20 reporter. 7-21 (d) Notice of an appeal to the referring court must be given 7-22 to each opposing party or their counsel under Rule 21a, Texas Rules 7-23 of Civil Procedure. 7-24 (e) If an appeal to the referring court is filed by a party, 7-25 any other party may file an appeal to the referring court not later 7-26 than the seventh day after the date the initial appeal was filed. 7-27 (f) The referring court, after giving notice to each party, 8-1 shall conduct a hearing on each appeal not later than the 30th day 8-2 after the date the initial appeal was filed with the court. 8-3 (g) Denial of an appeal under this section or waiver of the 8-4 right to appeal to the referring court does not affect the right of 8-5 a party to file a motion for new trial, motion for judgment 8-6 notwithstanding the verdict, or other post-trial motion. 8-7 (h) A party may not demand a second jury on appeal of an 8-8 associate judge's report, including any proposed order, resulting 8-9 from a jury trial. 8-10 Sec. 54.1069. APPELLATE REVIEW. (a) Failure to appeal to 8-11 the referring court, by waiver or otherwise, the approval by the 8-12 referring court of an associate judge's report does not deprive a 8-13 party of the right to appeal to or request other relief from a 8-14 court of appeals or the supreme court. 8-15 (b) The date that an order or judgment by the referring 8-16 court is signed is the controlling date for purposes of appealing 8-17 to or requesting other relief from a court of appeals or the 8-18 supreme court. 8-19 Sec. 54.1070. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. 8-20 Unless a party files a written notice of appeal, the referring 8-21 court may: 8-22 (1) adopt, modify, or reject the associate judge's 8-23 report, including any proposed order; 8-24 (2) hear additional evidence; or 8-25 (3) recommit the matter to the associate judge for 8-26 further proceedings. 8-27 Sec. 54.1071. REFEREES. (a) An associate judge appointed 9-1 under this subchapter may serve as a referee as provided by Section 9-2 51.04(g) or 54.10, Family Code. 9-3 (b) An associate judge appointed under this subchapter may 9-4 serve as a master as provided by Section 574.0085, Health and 9-5 Safety Code. 9-6 SECTION 2. This Act takes effect September 1, 2001.