By George H.B. No. 3574
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to associate judges appointed by certain district courts
1-3 in Dallas County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Subchapter F, Chapter 54,
1-6 Government Code, is amended to read as follows:
1-7 SUBCHAPTER F. ASSOCIATE JUDGES [MASTERS] IN DALLAS COUNTY
1-8 SECTION 2. Section 54.502, Government Code, is amended to
1-9 read as follows:
1-10 Sec. 54.502. APPOINTMENT OF ASSOCIATE JUDGES [MASTER]. (a)
1-11 The judges may by majority vote appoint one or more [a] full-time
1-12 associate judges [master] for [tax suits and] any civil [other]
1-13 matters.
1-14 (b) Each [The] appointment is subject to the approval of the
1-15 commissioners court.
1-16 (c) An associate judge's [The master's] services may be
1-17 terminated by a majority vote of the judges.
1-18 SECTION 3. Section 54.503, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 54.503. QUALIFICATIONS. An associate judge [The master]
1-21 must:
1-22 (1) be a citizen of this state;
1-23 (2) be at least 25 years of age; and
2-1 (3) have practiced law in this state for at least four
2-2 years preceding the date of appointment [who is licensed to
2-3 practice law in this state].
2-4 SECTION 4. Section 54.504, Government Code, is amended to
2-5 read as follows:
2-6 Sec. 54.504. COMPENSATION. An associate judge [The master]
2-7 is entitled to the compensation set by the commissioners court.
2-8 The compensation shall be paid from the general fund of the county.
2-9 SECTION 5. Section 54.505, Government Code, is amended to
2-10 read as follows:
2-11 Sec. 54.505. JUDICIAL IMMUNITY [FEES]. An associate judge
2-12 has the same judicial immunity as a district judge. [(a) On each
2-13 tax case referred to a master, the judge shall set the master's
2-14 fee, and that fee shall be added as court costs.]
2-15 [(b) On each case referred to a master other than tax cases,
2-16 the master shall recommend the fee to be charged, but the fee is
2-17 subject to the approval of the referring judge.]
2-18 SECTION 6. Section 54.506, Government Code, is amended to
2-19 read as follows:
2-20 Sec. 54.506. MATTERS THAT MAY BE REFERRED; NO RIGHT OF
2-21 OBJECTION. (a) A judge may refer any civil case or portion of a
2-22 civil case to an associate judge for resolution.
2-23 (b) A party may not object to the referral of a matter
2-24 described by Subsection (a) to an associate judge [any matter to
2-25 the master for a finding].
2-26 SECTION 7. Chapter 54, Government Code, is amended by adding
3-1 Section 54.5061 to read as follows:
3-2 Sec. 54.5061. TRIAL ON THE MERITS. An associate judge may
3-3 conduct a trial on the merits on the agreement of all parties and
3-4 the consent of the referring court.
3-5 SECTION 8. Section 54.507, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 54.507. METHODS [ORDER] OF REFERRAL. A case may be
3-8 referred to an associate judge by an order of referral in a
3-9 specific case or by an omnibus order. [(a) To refer a matter to
3-10 the master, a judge must issue an order of referral specifying the
3-11 master's duties.]
3-12 [(b) The order of referral may:]
3-13 [(1) limit the powers of the master and direct the
3-14 master to report only on specific issues, do particular acts, or
3-15 receive and report on evidence only;]
3-16 [(2) set the time and place for the hearing;]
3-17 [(3) prescribe a closing date for the hearing; and]
3-18 [(4) provide a date for the filing of the master's
3-19 report.]
3-20 SECTION 9. Section 54.508, Government Code, is amended to
3-21 read as follows:
3-22 Sec. 54.508. POWERS. Unless limited by published local rule,
3-23 by written order, or by order of referral, an associate judge has
3-24 the same authority as the referring judge to perform any act
3-25 necessary for the proper resolution of the matter referred.
3-26 [Except as limited by an order of referral, the master may:]
4-1 [(1) conduct hearings;]
4-2 [(2) hear evidence;]
4-3 [(3) compel production of relevant evidence, including
4-4 books, papers, vouchers, documents, and other writings;]
4-5 [(4) rule on admissibility of evidence;]
4-6 [(5) issue summons for the appearance of witnesses;]
4-7 [(6) examine witnesses;]
4-8 [(7) swear witnesses for hearings;]
4-9 [(8) regulate proceedings in a hearing; and]
4-10 [(9) do any act and take any measure necessary and
4-11 proper for the efficient performance of the duties required by the
4-12 order of referral.]
4-13 SECTION 10. Section 54.509, Government Code, is amended to
4-14 read as follows:
4-15 Sec. 54.509. RECORD OF EVIDENCE. (a) A party, the associate
4-16 judge, or the referring court may but is not required to provide a
4-17 court reporter for a hearing conducted by an associate judge.
4-18 (b) A record of a hearing conducted by an associate judge
4-19 shall be preserved by a tape recorder provided by the associate
4-20 judge or by another method approved by the associate judge or the
4-21 referring court.
4-22 (c) An associate judge or the referring court may impose as
4-23 costs the expenses incurred in preserving a record. [At the
4-24 request of a party, the master shall make a record of the evidence
4-25 offered and excluded. The record must be in the same form as a
4-26 record of evidence for a trial court.]
5-1 SECTION 11. Section 54.510, Government Code, is amended to
5-2 read as follows:
5-3 Sec. 54.510. NOTICE OF DECISION; APPEAL [HEARING]. (a)
5-4 After hearing a matter, an associate judge shall notify each party
5-5 participating in the hearing of the associate judge's decision. An
5-6 associate judge's decision has the same force and effect as an
5-7 order of the referring court unless a party appeals the decision as
5-8 provided by Subsection (b).
5-9 (b) To appeal an associate judge's decision, other than the
5-10 issuance of a temporary restraining order, a party must file an
5-11 appeal in the referring court not later than the third day after
5-12 the date the party receives notice of the decision under Subsection
5-13 (a).
5-14 (c) A temporary restraining order issued by an associate
5-15 judge is effective immediately and expires on the 15th day after
5-16 the date of issuance unless, after a hearing, the order is modified
5-17 or extended by the associate judge or a district judge.
5-18 (d) A matter appealed to the referring court shall be tried
5-19 de novo and shall be limited to only those matters specified in the
5-20 appeal. Except on leave of court, a party may not submit on appeal
5-21 any additional evidence or pleadings. [Before the master holds a
5-22 hearing, each party shall be given notice of the time and place of
5-23 the hearing as provided by Rule 21a, Texas Rules of Civil
5-24 Procedure.]
5-25 SECTION 12. Section 54.511, Government Code, is amended to
5-26 read as follows:
6-1 Sec. 54.511. CONTINUING EDUCATION [WITNESS]. (a) An
6-2 associate judge is subject to the same continuing judicial
6-3 education requirements as a district judge.
6-4 (b) Continuing judicial education credit earned by an
6-5 associate judge during a fiscal year that exceeds the minimum
6-6 number of credit hours required for that year may be carried
6-7 forward and applied to the following fiscal year.
6-8 (c) An associate judge may be reimbursed for expenses
6-9 incurred in complying with the requirements of this section if
6-10 sufficient funds are available in the budget for continuing
6-11 judicial education. [A witness who appears before the master and
6-12 is sworn is subject to the penalties for perjury provided by law.]
6-13 [(b) A referring court may issue attachment against and may
6-14 fine or imprison a witness whose failure to appear after being
6-15 summoned or whose refusal to answer questions has been certified to
6-16 the court.]
6-17 SECTION 13. Sections 54.512-54.516, Government Code, are
6-18 repealed.
6-19 SECTION 14. (a) Except as provided by Subsection (b) of this
6-20 section, the change in law made by this Act applies only to a
6-21 matter referred to an associate judge on or after the effective
6-22 date of this Act.
6-23 (b) Section 54.505, Government Code, as amended by this Act,
6-24 applies only to a cause of action that accrues on or after the
6-25 effective date of this Act. A cause of action that accrued before
6-26 the effective date of this Act is governed by the law as it existed
7-1 immediately before the effective date of this Act, and that law is
7-2 continued in effect for that purpose.
7-3 SECTION 15. This Act takes effect September 1, 2001.