By:  Shapiro                                           S.B. No. 909
                                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].
1-11     (a)  The judges may by majority vote appoint one or more [a]
1-12     full-time associate judges [master] for [tax suits and] any civil
1-13     [other] 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
1-21     master] must:
1-22                 (1)  be a citizen of this state;
1-23                 (2)  be at least 25 years of age; and
1-24                 (3)  have practiced law in this state for at least four
1-25     years preceding the date of appointment [who is licensed to
 2-1     practice law in this state].
 2-2           SECTION 4.  Section 54.504, Government Code, is amended to
 2-3     read as follows:
 2-4           Sec. 54.504.  COMPENSATION.  An associate judge [The master]
 2-5     is entitled to the compensation set by the commissioners court.
 2-6     The compensation shall be paid from the general fund of the county.
 2-7           SECTION 5.  Section 54.505, Government Code, is amended to
 2-8     read as follows:
 2-9           Sec. 54.505.  JUDICIAL IMMUNITY [FEES].  An associate judge
2-10     has the same judicial immunity as a district judge.  [(a)  On each
2-11     tax case referred to a master, the judge shall set the master's
2-12     fee, and that fee shall be added as court costs.]
2-13           [(b)  On each case referred to a master other than tax cases,
2-14     the master shall recommend the fee to be charged, but the fee is
2-15     subject to the approval of the referring judge.]
2-16           SECTION 6.  Section 54.506, Government Code, is amended to
2-17     read as follows:
2-18           Sec. 54.506.  MATTERS THAT MAY BE REFERRED; NO RIGHT OF
2-19     OBJECTION.  (a)  A judge may refer any civil case or portion of a
2-20     civil case to an associate judge for resolution.
2-21           (b)  A party may not object to the referral of a matter
2-22     described by Subsection (a) to an associate judge [any matter to
2-23     the master for a finding].
2-24           SECTION 7.  Subchapter F, Chapter 54, Government Code, is
2-25     amended by adding Section 54.5061 to read as follows:
2-26           Sec. 54.5061.  TRIAL ON THE MERITS.  An associate judge may
 3-1     conduct a trial on the merits on the agreement of all parties and
 3-2     the consent of the referring court.
 3-3           SECTION 8.  Section 54.507, Government Code, is amended to
 3-4     read as follows:
 3-5           Sec. 54.507.  METHODS [ORDER] OF REFERRAL.  A case may be
 3-6     referred to an associate judge by an order of referral in a
 3-7     specific case or by an omnibus order.  [(a) To refer a matter to
 3-8     the master, a judge must issue an order of referral specifying the
 3-9     master's duties.]
3-10           [(b)  The order of referral may:]
3-11                 [(1)  limit the powers of the master and direct the
3-12     master to report only on specific issues, do particular acts, or
3-13     receive and report on evidence only;]
3-14                 [(2)  set the time and place for the hearing;]
3-15                 [(3)  prescribe a closing date for the hearing; and]
3-16                 [(4)  provide a date for the filing of the master's
3-17     report.]
3-18           SECTION 9.  Section 54.508, Government Code, is amended to
3-19     read as follows:
3-20           Sec. 54.508.  POWERS.  Unless limited by published local
3-21     rule, by written order, or by order of referral, an associate judge
3-22     has the same authority as the referring judge to perform any act
3-23     necessary for the proper resolution of the matter referred.
3-24     [Except as limited by an order of referral, the master may:]
3-25                 [(1)  conduct hearings;]
3-26                 [(2)  hear evidence;]
 4-1                 [(3)  compel production of relevant evidence, including
 4-2     books, papers, vouchers, documents, and other writings;]
 4-3                 [(4)  rule on admissibility of evidence;]
 4-4                 [(5)  issue summons for the appearance of witnesses;]
 4-5                 [(6)  examine witnesses;]
 4-6                 [(7)  swear witnesses for hearings;]
 4-7                 [(8)  regulate proceedings in a hearing; and]
 4-8                 [(9)  do any act and take any measure necessary and
 4-9     proper for the efficient performance of the duties required by the
4-10     order of referral.]
4-11           SECTION 10.  Section 54.509, Government Code, is amended to
4-12     read as follows:
4-13           Sec. 54.509.  RECORD OF EVIDENCE.  (a)  A party, the
4-14     associate judge, or the referring court may but is not required to
4-15     provide a court reporter for a hearing conducted by an associate
4-16     judge.
4-17           (b)  A record of a hearing conducted by an associate judge
4-18     shall be preserved by a tape recorder provided by the associate
4-19     judge or by another method approved by the associate judge or the
4-20     referring court.
4-21           (c)  An associate judge or the referring court may impose as
4-22     costs the expenses incurred in preserving a record.  [At the
4-23     request of a party, the master shall make a record of the evidence
4-24     offered and excluded.  The record must be in the same form as a
4-25     record of evidence for a trial court.]
4-26           SECTION 11.  Section 54.510, Government Code, is amended to
 5-1     read as follows:
 5-2           Sec. 54.510.  NOTICE OF DECISION; APPEAL [HEARING].
 5-3     (a)  After hearing a matter, an associate judge shall notify each
 5-4     party participating in the hearing of the associate judge's
 5-5     decision.  An associate judge's decision has the same force and
 5-6     effect as an order of the referring court unless a party appeals
 5-7     the decision as provided by Subsection (b).
 5-8           (b)  To appeal an associate judge's decision, other than the
 5-9     issuance of a temporary restraining order, a party must file an
5-10     appeal in the referring court not later than the third day after
5-11     the date the party receives notice of the decision under Subsection
5-12     (a).
5-13           (c)  A temporary restraining order issued by an associate
5-14     judge is effective immediately and expires on the 15th day after
5-15     the date of issuance unless, after a hearing, the order is modified
5-16     or extended by the associate judge or a district judge.
5-17           (d)  A matter appealed to the referring court shall be tried
5-18     de novo and shall be limited to only those matters specified in the
5-19     appeal.  Except on leave of court, a party may not submit on appeal
5-20     any additional evidence or pleadings.  [Before the master holds a
5-21     hearing, each party shall be given notice of the time and place of
5-22     the hearing as provided by Rule 21a, Texas Rules of Civil
5-23     Procedure.]
5-24           SECTION 12.  Section 54.511, Government Code, is amended to
5-25     read as follows:
5-26           Sec. 54.511.  CONTINUING EDUCATION [WITNESS].  (a) An
 6-1     associate judge is subject to the same continuing judicial
 6-2     education requirements as a district judge.
 6-3           (b)  Continuing judicial education credit earned by an
 6-4     associate judge during a fiscal year that exceeds the minimum
 6-5     number of credit hours required for that year may be carried
 6-6     forward and applied to the following fiscal year.
 6-7           (c)  An associate judge may be reimbursed for expenses
 6-8     incurred in complying with the requirements of this section if
 6-9     sufficient funds are available in the budget for continuing
6-10     judicial education.  [A witness who appears before the master and
6-11     is sworn is subject to the penalties for perjury provided by law.]
6-12           [(b)  A referring court may issue attachment against and may
6-13     fine or imprison a witness whose failure to appear after being
6-14     summoned or whose refusal to answer questions has been certified to
6-15     the court.]
6-16           SECTION 13.  Sections 54.512 through 54.516, Government Code,
6-17     are repealed.
6-18           SECTION 14.  (a)  Except as provided by Subsection (b) of
6-19     this section, the change in law made by this Act applies only to a
6-20     matter referred to an associate judge on or after the effective
6-21     date of this Act.
6-22           (b)  Section 54.505, Government Code, as amended by this Act,
6-23     applies only to a cause of action that accrues on or after the
6-24     effective date of this Act.  A cause of action that accrued before
6-25     the effective date of this Act is governed by the law as it existed
6-26     immediately before the effective date of this Act, and that law is
 7-1     continued in effect for that purpose.
 7-2           SECTION 15.  This Act takes effect September 1, 2001.