H.B. 1539 78(R)    BILL ANALYSIS


H.B. 1539
By: Naishtat
Judicial Affairs
Committee Report (Amended)



BACKGROUND AND PURPOSE 

In 1999, the 76th Legislature granted statutory probate judges the
authority to appoint associate judges.  This legislation was modeled after
the introduced version of a similar bill creating family law associate
judges, also in the 76th Legislature.  Unbeknownst to the author of the
probate bill, the family law bill was amended in two significant ways that
were not mirrored in the probate legislation.   

First, the family law legislation changed the designation of the associate
judge from "master" to "associate judge."  Second, the family law bill
granted the associate judge the authority to conduct a jury trial if no
party to the legislation objected.   

H.B. 1539 makes these same two changes to the statute pertaining to
associate judges in statutory probate courts.  This will primarily ensure
that these associate judges will be able to conduct jury trials in the
area of mental health. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

H.B. 1539 amends the Government Code to replace the term "probate master"
with the term "associate judge."   

The bill also permits such associate judges to hear contested trials on
the merits and jury trials unless a party to the litigation objects. 

EFFECTIVE DATE

September 1, 2003.  


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides that the provisions of the bill do
apply to Harris County Probate Court No. 1.