1-1 By: Shapiro S.B. No. 909
1-2 (In the Senate - Filed February 23, 2001; February 27, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 10, 2001, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to associate judges appointed by certain district courts
1-9 in Dallas County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The heading to Subchapter F, Chapter 54,
1-12 Government Code, is amended to read as follows:
1-13 SUBCHAPTER F. ASSOCIATE JUDGES [MASTERS] IN DALLAS COUNTY
1-14 SECTION 2. Section 54.502, Government Code, is amended to
1-15 read as follows:
1-16 Sec. 54.502. APPOINTMENT OF ASSOCIATE JUDGES [MASTER].
1-17 (a) The judges may by majority vote appoint one or more [a]
1-18 full-time associate judges [master] for [tax suits and] any civil
1-19 [other] matters.
1-20 (b) Each [The] appointment is subject to the approval of the
1-21 commissioners court.
1-22 (c) An associate judge's [The master's] services may be
1-23 terminated by a majority vote of the judges.
1-24 SECTION 3. Section 54.503, Government Code, is amended to
1-25 read as follows:
1-26 Sec. 54.503. QUALIFICATIONS. An associate judge [The
1-27 master] must:
1-28 (1) be a citizen of this state;
1-29 (2) be at least 25 years of age; and
1-30 (3) have practiced law in this state for at least four
1-31 years preceding the date of appointment [who is licensed to
1-32 practice law in this state].
1-33 SECTION 4. Section 54.504, Government Code, is amended to
1-34 read as follows:
1-35 Sec. 54.504. COMPENSATION. An associate judge [The master]
1-36 is entitled to the compensation set by the commissioners court.
1-37 The compensation shall be paid from the general fund of the county.
1-38 SECTION 5. Section 54.505, Government Code, is amended to
1-39 read as follows:
1-40 Sec. 54.505. JUDICIAL IMMUNITY [FEES]. An associate judge
1-41 has the same judicial immunity as a district judge. [(a) On each
1-42 tax case referred to a master, the judge shall set the master's
1-43 fee, and that fee shall be added as court costs.]
1-44 [(b) On each case referred to a master other than tax cases,
1-45 the master shall recommend the fee to be charged, but the fee is
1-46 subject to the approval of the referring judge.]
1-47 SECTION 6. Section 54.506, Government Code, is amended to
1-48 read as follows:
1-49 Sec. 54.506. MATTERS THAT MAY BE REFERRED; NO RIGHT OF
1-50 OBJECTION. (a) A judge may refer any civil case or portion of a
1-51 civil case to an associate judge for resolution.
1-52 (b) A party may not object to the referral of a matter
1-53 described by Subsection (a) to an associate judge [any matter to
1-54 the master for a finding].
1-55 SECTION 7. Subchapter F, Chapter 54, Government Code, is
1-56 amended by adding Section 54.5061 to read as follows:
1-57 Sec. 54.5061. TRIAL ON THE MERITS. An associate judge may
1-58 conduct a trial on the merits on the agreement of all parties and
1-59 the consent of the referring court.
1-60 SECTION 8. Section 54.507, Government Code, is amended to
1-61 read as follows:
1-62 Sec. 54.507. METHODS [ORDER] OF REFERRAL. A case may be
1-63 referred to an associate judge by an order of referral in a
1-64 specific case or by an omnibus order. [(a) To refer a matter to
2-1 the master, a judge must issue an order of referral specifying the
2-2 master's duties.]
2-3 [(b) The order of referral may:]
2-4 [(1) limit the powers of the master and direct the
2-5 master to report only on specific issues, do particular acts, or
2-6 receive and report on evidence only;]
2-7 [(2) set the time and place for the hearing;]
2-8 [(3) prescribe a closing date for the hearing; and]
2-9 [(4) provide a date for the filing of the master's
2-10 report.]
2-11 SECTION 9. Section 54.508, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 54.508. POWERS. Unless limited by published local
2-14 rule, by written order, or by order of referral, an associate judge
2-15 has the same authority as the referring judge to perform any act
2-16 necessary for the proper resolution of the matter referred.
2-17 [Except as limited by an order of referral, the master may:]
2-18 [(1) conduct hearings;]
2-19 [(2) hear evidence;]
2-20 [(3) compel production of relevant evidence, including
2-21 books, papers, vouchers, documents, and other writings;]
2-22 [(4) rule on admissibility of evidence;]
2-23 [(5) issue summons for the appearance of witnesses;]
2-24 [(6) examine witnesses;]
2-25 [(7) swear witnesses for hearings;]
2-26 [(8) regulate proceedings in a hearing; and]
2-27 [(9) do any act and take any measure necessary and
2-28 proper for the efficient performance of the duties required by the
2-29 order of referral.]
2-30 SECTION 10. Section 54.509, Government Code, is amended to
2-31 read as follows:
2-32 Sec. 54.509. RECORD OF EVIDENCE. (a) A party, the associate
2-33 judge, or the referring court may but is not required to provide a
2-34 court reporter for a hearing conducted by an associate judge.
2-35 (b) A record of a hearing conducted by an associate judge
2-36 shall be preserved by a tape recorder provided by the associate
2-37 judge or by another method approved by the associate judge or the
2-38 referring court.
2-39 (c) An associate judge or the referring court may impose as
2-40 costs the expenses incurred in preserving a record. [At the
2-41 request of a party, the master shall make a record of the evidence
2-42 offered and excluded. The record must be in the same form as a
2-43 record of evidence for a trial court.]
2-44 SECTION 11. Section 54.510, Government Code, is amended to
2-45 read as follows:
2-46 Sec. 54.510. NOTICE OF DECISION; APPEAL [HEARING].
2-47 (a) After hearing a matter, an associate judge shall notify each
2-48 party participating in the hearing of the associate judge's
2-49 decision. An associate judge's decision has the same force and
2-50 effect as an order of the referring court unless a party appeals
2-51 the decision as provided by Subsection (b).
2-52 (b) To appeal an associate judge's decision, other than the
2-53 issuance of a temporary restraining order, a party must file an
2-54 appeal in the referring court not later than the third day after
2-55 the date the party receives notice of the decision under Subsection
2-56 (a).
2-57 (c) A temporary restraining order issued by an associate
2-58 judge is effective immediately and expires on the 15th day after
2-59 the date of issuance unless, after a hearing, the order is modified
2-60 or extended by the associate judge or a district judge.
2-61 (d) A matter appealed to the referring court shall be tried
2-62 de novo and shall be limited to only those matters specified in the
2-63 appeal. Except on leave of court, a party may not submit on appeal
2-64 any additional evidence or pleadings. [Before the master holds a
2-65 hearing, each party shall be given notice of the time and place of
2-66 the hearing as provided by Rule 21a, Texas Rules of Civil
2-67 Procedure.]
2-68 SECTION 12. Section 54.511, Government Code, is amended to
2-69 read as follows:
3-1 Sec. 54.511. CONTINUING EDUCATION [WITNESS]. (a) An
3-2 associate judge is subject to the same continuing judicial
3-3 education requirements as a district judge.
3-4 (b) Continuing judicial education credit earned by an
3-5 associate judge during a fiscal year that exceeds the minimum
3-6 number of credit hours required for that year may be carried
3-7 forward and applied to the following fiscal year.
3-8 (c) An associate judge may be reimbursed for expenses
3-9 incurred in complying with the requirements of this section if
3-10 sufficient funds are available in the budget for continuing
3-11 judicial education. [A witness who appears before the master and
3-12 is sworn is subject to the penalties for perjury provided by law.]
3-13 [(b) A referring court may issue attachment against and may
3-14 fine or imprison a witness whose failure to appear after being
3-15 summoned or whose refusal to answer questions has been certified to
3-16 the court.]
3-17 SECTION 13. Sections 54.512 through 54.516, Government Code,
3-18 are repealed.
3-19 SECTION 14. (a) Except as provided by Subsection (b) of
3-20 this section, the change in law made by this Act applies only to a
3-21 matter referred to an associate judge on or after the effective
3-22 date of this Act.
3-23 (b) Section 54.505, Government Code, as amended by this Act,
3-24 applies only to a cause of action that accrues on or after the
3-25 effective date of this Act. A cause of action that accrued before
3-26 the effective date of this Act is governed by the law as it existed
3-27 immediately before the effective date of this Act, and that law is
3-28 continued in effect for that purpose.
3-29 SECTION 15. This Act takes effect September 1, 2001.
3-30 * * * * *