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.