By Shapiro                                             S.B. No. 909
         77R4550 JMC-F                           
                                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
1-24                 (3)  have practiced law in this state for at least four
 2-1     years preceding the date of appointment [who is licensed to
 2-2     practice law in this state].
 2-3           SECTION 4. Section 54.504, Government Code, is amended to
 2-4     read as follows:
 2-5           Sec. 54.504.  COMPENSATION. An associate judge [The master]
 2-6     is entitled to the compensation set by the commissioners court.
 2-7     The compensation shall be paid from the general fund of the county.
 2-8           SECTION 5. Section 54.505, Government Code, is amended to
 2-9     read as follows:
2-10           Sec. 54.505.  JUDICIAL IMMUNITY [FEES]. An associate judge
2-11     has the same judicial immunity as a district judge.  [(a)  On each
2-12     tax case referred to a master, the judge shall set the master's
2-13     fee, and that fee shall be added as court costs.]
2-14           [(b)  On each case referred to a master other than tax cases,
2-15     the master shall recommend the fee to be charged, but the fee is
2-16     subject to the approval of the referring judge.]
2-17           SECTION 6. Section 54.506, Government Code, is amended to
2-18     read as follows:
2-19           Sec. 54.506.  MATTERS THAT MAY BE REFERRED; NO RIGHT OF
2-20     OBJECTION. (a)  A judge may refer any civil case or portion of a
2-21     civil case to an associate judge for resolution.
2-22           (b)  A party may not object to the referral of a matter
2-23     described by Subsection (a) to an associate judge [any matter to
2-24     the master for a finding].
2-25           SECTION 7. Chapter 54, Government Code, is amended by adding
2-26     Section 54.5061 to read as follows:
2-27           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 rule,
3-21     by written order, or by order of referral, an associate judge has
3-22     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;]
3-27                 [(3)  compel production of relevant evidence, including
 4-1     books, papers, vouchers, documents, and other writings;]
 4-2                 [(4)  rule on admissibility of evidence;]
 4-3                 [(5)  issue summons for the appearance of witnesses;]
 4-4                 [(6)  examine witnesses;]
 4-5                 [(7)  swear witnesses for hearings;]
 4-6                 [(8)  regulate proceedings in a hearing; and]
 4-7                 [(9)  do any act and take any measure necessary and
 4-8     proper for the efficient performance of the duties required by the
 4-9     order of referral.]
4-10           SECTION 10. Section 54.509, Government Code, is amended to
4-11     read as follows:
4-12           Sec. 54.509.  RECORD OF EVIDENCE. (a) A party, the associate
4-13     judge, or the referring court may but is not required to provide a
4-14     court reporter for a hearing conducted by an associate judge.
4-15           (b)  A record of a hearing conducted by an associate judge
4-16     shall be preserved by a tape recorder provided by the associate
4-17     judge or by another method approved by the associate judge or the
4-18     referring court.
4-19           (c)  An associate judge or the referring court may impose as
4-20     costs the expenses incurred in preserving a record.  [At the
4-21     request of a party, the master shall make a record of the evidence
4-22     offered and excluded.  The record must be in the same form as a
4-23     record of evidence for a trial court.]
4-24           SECTION 11. Section 54.510, Government Code, is amended to
4-25     read as follows:
4-26           Sec. 54.510.  NOTICE OF DECISION; APPEAL [HEARING]. (a)
4-27     After hearing a matter, an associate judge shall notify each party
 5-1     participating in the hearing of the associate judge's decision.  An
 5-2     associate judge's decision has the same force and effect as an
 5-3     order of the referring court unless a party appeals the decision as
 5-4     provided by Subsection (b).
 5-5           (b)  To appeal an associate judge's decision, other than the
 5-6     issuance of a temporary restraining order, a party must file an
 5-7     appeal in the referring court not later than the third day after
 5-8     the date the party receives notice of the decision under Subsection
 5-9     (a).
5-10           (c)  A temporary restraining order issued by an associate
5-11     judge is effective immediately and expires on the 15th day after
5-12     the date of issuance unless, after a hearing, the order is modified
5-13     or extended by the associate judge or a district judge.
5-14           (d)  A matter appealed to the referring court shall be tried
5-15     de novo and shall be limited to only those matters specified in the
5-16     appeal.  Except on leave of court, a party may not submit on appeal
5-17     any additional evidence or pleadings.  [Before the master holds a
5-18     hearing, each party shall be given notice of the time and place of
5-19     the hearing as provided by Rule 21a, Texas Rules of Civil
5-20     Procedure.]
5-21           SECTION 12. Section 54.511, Government Code, is amended to
5-22     read as follows:
5-23           Sec. 54.511.  CONTINUING EDUCATION [WITNESS]. (a) An
5-24     associate judge is subject to the same continuing judicial
5-25     education requirements as a district judge.
5-26           (b)  Continuing judicial education credit earned by an
5-27     associate judge during a fiscal year that exceeds the minimum
 6-1     number of credit hours required for that year may be carried
 6-2     forward and applied to the following fiscal year.
 6-3           (c)  An associate judge may be reimbursed for expenses
 6-4     incurred in complying with the requirements of this section if
 6-5     sufficient funds are available in the budget for continuing
 6-6     judicial education.  [A witness who appears before the master and
 6-7     is sworn is subject to the penalties for perjury provided by law.]
 6-8           [(b)  A referring court may issue attachment against and may
 6-9     fine or imprison a witness whose failure to appear after being
6-10     summoned or whose refusal to answer questions has been certified to
6-11     the court.]
6-12           SECTION 13. Sections 54.512-54.516, Government Code, are
6-13     repealed.
6-14           SECTION 14. (a)  Except as provided by Subsection (b) of this
6-15     section, the change in law made by this Act applies only to a
6-16     matter referred to an associate judge on or after the effective
6-17     date of this Act.
6-18           (b)  Section 54.505, Government Code, as amended by this Act,
6-19     applies only to a cause of action that accrues on or after the
6-20     effective date of this Act.  A cause of action that accrued before
6-21     the effective date of this Act is governed by the law as it existed
6-22     immediately before the effective date of this Act, and that law is
6-23     continued in effect for that purpose.
6-24           SECTION 15. This Act takes effect September 1, 2001.