1-1 By: Puente, Longoria (Senate Sponsor - Wentworth) H.B. No. 3192 1-2 (In the Senate - Received from the House April 30, 2001; 1-3 May 1, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to associate judges appointed by the district courts of 1-9 Bexar County. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 54, Government Code, is amended by adding 1-12 Subchapter T to read as follows: 1-13 SUBCHAPTER T. CIVIL LAW ASSOCIATE JUDGES IN BEXAR COUNTY 1-14 Sec. 54.1051. APPOINTMENT. (a) The judges of the district 1-15 courts in Bexar County may appoint a full-time or part-time 1-16 associate judge to hear any civil matter within the jurisdiction of 1-17 the district court. 1-18 (b) An associate judge may be appointed to serve more than 1-19 one court with the approval of the judge of each court to which the 1-20 associate judge is appointed to serve. 1-21 (c) An associate judge appointed under Section 201.001, 1-22 Family Code, may also be appointed under this section at the same 1-23 rate of compensation received for appointment under the Family 1-24 Code. 1-25 Sec. 54.1052. QUALIFICATIONS. An associate judge must have 1-26 the same qualifications as required for a judge of a district court 1-27 in Bexar County. 1-28 Sec. 54.1053. ORDER OF APPOINTMENT. The order appointing an 1-29 associate judge must be entered in the minutes of the district 1-30 court. 1-31 Sec. 54.1054. COMPENSATION. An associate judge shall be paid 1-32 a salary as determined by the Commissioners Court of Bexar County. 1-33 Sec. 54.1055. JUDICIAL IMMUNITY. An associate judge 1-34 appointed under this subchapter has the same judicial immunity as a 1-35 district judge. 1-36 Sec. 54.1056. TERMINATION OF EMPLOYMENT. (a) An associate 1-37 judge who serves only one court serves at the will of the judge of 1-38 that court. 1-39 (b) The employment of an associate judge who serves two 1-40 courts may be terminated by the judge of either of the courts 1-41 served. 1-42 (c) The employment of an associate judge who serves more 1-43 than two courts may be terminated by a majority of the judges of 1-44 the courts served. 1-45 (d) A judge seeking to terminate an associate judge's 1-46 employment must sign a written order of termination. 1-47 Sec. 54.1057. CASES THAT MAY BE REFERRED. (a) A judge of a 1-48 district court served by an associate judge appointed under this 1-49 subchapter may refer to the associate judge a civil case or part of 1-50 a civil case brought under the civil jurisdiction of the district 1-51 court. 1-52 (b) An associate judge may preside over a trial on the 1-53 merits, regardless of whether the trial is before a jury. 1-54 Sec. 54.1058. OBJECTION TO APPOINTMENT. (a) Unless a party 1-55 files a written objection, the judge of a district court may refer 1-56 a trial on the merits to an associate judge. 1-57 (b) If a party files an objection to an associate judge 1-58 hearing a trial on the merits or presiding at a jury trial not 1-59 later than the 10th day after the date the party receives notice 1-60 that the associate judge will hear the case, the court shall assign 1-61 the matter for trial without referring the case to an associate 1-62 judge. 1-63 Sec. 54.1059. METHOD OF REFERRAL. A case may be referred to 1-64 an associate judge as provided by published local rules or by 2-1 written orders. 2-2 Sec. 54.1060. DUTIES AND POWERS. (a) Except as limited by 2-3 an order of referral, an associate judge to whom a case is referred 2-4 may: 2-5 (1) conduct hearings; 2-6 (2) hear evidence; 2-7 (3) compel the production of relevant evidence; 2-8 (4) rule on the admissibility of evidence; 2-9 (5) issue summons for the appearance of witnesses; 2-10 (6) examine witnesses; 2-11 (7) swear witnesses for hearings; 2-12 (8) make findings of fact on evidence; 2-13 (9) formulate conclusions of law; 2-14 (10) rule on a pretrial motion; 2-15 (11) recommend the rulings, orders, or judgment to be 2-16 made in a case; 2-17 (12) regulate proceedings in a hearing; 2-18 (13) order the attachment of a witness or party who 2-19 fails to obey a subpoena; 2-20 (14) order the detention of a witness or party found 2-21 guilty of contempt pending the approval of the district judge; 2-22 (15) administer an oath; 2-23 (16) handle pretrial matters for cases to be tried by 2-24 the district court judge; and 2-25 (17) take any action within the authority of a 2-26 district judge necessary and proper for the performance of the 2-27 associate judge's duties. 2-28 (b) An order of referral may limit the use or power of an 2-29 associate judge. 2-30 Sec. 54.1061. JURY. An associate judge shall conduct a full 2-31 hearing according to the usual rules applicable to a jury trial if 2-32 a jury is demanded in a case referred to an associate judge. 2-33 Sec. 54.1062. COURT REPORTER. (a) A referring judge may 2-34 require a reporter at any hearing. 2-35 (b) A court reporter must be provided when an associate 2-36 judge presides over a jury or nonjury trial on the merits. 2-37 (c) On appeal from an associate judge's report on proposed 2-38 orders, the referring court may consider testimony or other 2-39 evidence in the record. 2-40 Sec. 54.1063. FAILURE TO COMPLY WITH SUMMONS OR OATH. If an 2-41 attorney, party, witness, or other person fails to comply with a 2-42 summons or order, an associate judge may certify that failure in 2-43 writing to the referring district court for appropriate action. 2-44 Sec. 54.1064. PERJURY. (a) A witness appearing before an 2-45 associate judge is subject to the penalties of perjury as provided 2-46 by Chapter 37, Penal Code. 2-47 (b) A witness referred to a court under Section 54.1063 is 2-48 subject to the same penalties and orders that may be imposed on a 2-49 witness appearing in a hearing before the district court. 2-50 Sec. 54.1065. REPORT. (a) At the conclusion of the 2-51 proceedings, an associate judge shall transmit to the referring 2-52 court any papers relating to the case, including the associate 2-53 judge's findings, conclusions, orders, recommendations, or other 2-54 action taken. 2-55 (b) The associate judge's report must be in writing and in 2-56 the form prescribed by the referring court. The form may be a 2-57 notation on the court's docket sheet or in the court's jacket. 2-58 (c) After a hearing, an associate judge shall notify the 2-59 parties participating in the hearing of the substance of the 2-60 judge's report. The notice may be given in the form of a proposed 2-61 order. 2-62 (d) Notice required under Subsection (c) may be given: 2-63 (1) in open court by an oral statement or by providing 2-64 a copy of the associate judge's written report, including any 2-65 proposed order; 2-66 (2) by certified mail, return receipt requested; or 2-67 (3) by facsimile. 2-68 (e) An associate judge shall note in the record the date of 2-69 a mailing by certified mail under Subsection (d)(2). Notice is 3-1 considered given on the third day after the date of the mailing. 3-2 (f) After a hearing conducted by an associate judge, the 3-3 associate judge shall send the signed and dated report, including 3-4 any proposed order, and all other papers relating to the case to 3-5 the referring court. 3-6 Sec. 54.1066. NOTICE OF RIGHT TO APPEAL. (a) Each party 3-7 must be given notice of the right to appeal to the judge of the 3-8 referring court. The notice may be given: 3-9 (1) by an oral statement in open court; 3-10 (2) by a posting inside or outside the referring 3-11 court; or 3-12 (3) as otherwise prescribed by the referring court. 3-13 (b) Before the commencement of a hearing before the 3-14 associate judge, a party may waive the right to appeal to the 3-15 referring court in writing or on the record. 3-16 Sec. 54.1067. ORDER OF COURT. (a) Pending appeal to the 3-17 referring court of the associate judge's report, including any 3-18 proposed order, the decisions and recommendations of the associate 3-19 judge are in full force and effect and are enforceable as an order 3-20 of the referring court, except for orders providing for the 3-21 appointment of a receiver. 3-22 (b) If an appeal to the referring court is not filed or the 3-23 right to an appeal to the court is waived, the findings and 3-24 recommendations of the associate judge become the order of the 3-25 court only on the court's signing of an order conforming to the 3-26 associate judge's report. 3-27 (c) An order by an associate judge for the temporary 3-28 detention or incarceration of a witness or party shall be presented 3-29 to the referring court on the date the witness or party is detained 3-30 or incarcerated. The referring court, without prejudice to the 3-31 right of appeal, may approve the temporary detention or 3-32 incarceration or may order the release of the party or witness, 3-33 with or without bond, pending appeal. If the referring court is 3-34 not immediately available, the associate judge may order the 3-35 release of the party or witness, with or without bond, pending 3-36 appeal or may continue the person's detention or incarceration for 3-37 not more than 72 hours. 3-38 Sec. 54.1068. APPEAL TO REFERRING COURT. (a) A party may 3-39 appeal an associate judge's report by filing a notice of appeal not 3-40 later than the third day after the date the party is given notice 3-41 of the associate judge's report under Section 54.1065, unless the 3-42 party has waived the party's right to appeal as provided by Section 3-43 54.1066(b). 3-44 (b) An appeal to the referring court must specify in writing 3-45 the findings of the associate judge to which the party objects. 3-46 The appeal is limited to the specified findings and conclusions. 3-47 (c) On appeal to the referring court, the parties may 3-48 present witnesses as in a hearing de novo on the issues raised in 3-49 the appeal. The court may also consider the record from the 3-50 hearing before the associate judge, including the charge to and 3-51 verdict returned by a jury, if the record was taken by a court 3-52 reporter. 3-53 (d) Notice of an appeal to the referring court must be given 3-54 to each opposing party or their counsel under Rule 21a, Texas Rules 3-55 of Civil Procedure. 3-56 (e) If an appeal to the referring court is filed by a party, 3-57 any other party may file an appeal to the referring court not later 3-58 than the seventh day after the date the initial appeal was filed. 3-59 (f) The referring court, after giving notice to each party, 3-60 shall conduct a hearing on each appeal not later than the 30th day 3-61 after the date the initial appeal was filed with the court. 3-62 (g) Denial of an appeal under this section or waiver of the 3-63 right to appeal to the referring court does not affect the right of 3-64 a party to file a motion for new trial, motion for judgment 3-65 notwithstanding the verdict, or other post-trial motion. 3-66 (h) A party may not demand a second jury on appeal of an 3-67 associate judge's report, including any proposed order, resulting 3-68 from a jury trial. 3-69 Sec. 54.1069. APPELLATE REVIEW. (a) Failure to appeal to 4-1 the referring court, by waiver or otherwise, the approval by the 4-2 referring court of an associate judge's report does not deprive a 4-3 party of the right to appeal to or request other relief from a 4-4 court of appeals or the supreme court. 4-5 (b) The date that an order or judgment by the referring 4-6 court is signed is the controlling date for purposes of appealing 4-7 to or requesting other relief from a court of appeals or the 4-8 supreme court. 4-9 Sec. 54.1070. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT. 4-10 Unless a party files a written notice of appeal, the referring 4-11 court may: 4-12 (1) adopt, modify, or reject the associate judge's 4-13 report, including any proposed order; 4-14 (2) hear additional evidence; or 4-15 (3) recommit the matter to the associate judge for 4-16 further proceedings. 4-17 Sec. 54.1071. REFEREES. (a) An associate judge appointed 4-18 under this subchapter may serve as a referee as provided by Section 4-19 51.04(g) or 54.10, Family Code. 4-20 (b) An associate judge appointed under this subchapter may 4-21 serve as a master as provided by Section 574.0085, Health and 4-22 Safety Code. 4-23 SECTION 2. This Act takes effect September 1, 2001. 4-24 * * * * *