C.S.H.B. 3384 78(R)    BILL ANALYSIS


C.S.H.B. 3384
By: Hartnett
Judicial Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Chapter 54, Subchapter F of the Government Code deals with court masters
in Dallas County. Certain powers of these court masters are not clearly
defined, nor is there a statutory provision relating to a method of appeal
from their decisions.  C.S.H.B. 3384 changes the title of these court
masters to "associate judge" and amends and clarifies the Government Code
provisions relating to their qualifications, appointment, powers and
duties, as well as procedures for appeals from their decisions.  

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

C.S.H.B. 3384 amends the Government Code to rename "masters" as "associate
judges" and to provide that the judges of certain Dallas County courts may
vote to appoint one or more associate judges to hear any civil matters.
The bill also amends the qualifications of these associate judges to
require that they be a citizen of Texas, be at least 25 years old, and
have practiced law in Texas for at least four years preceding the date of
appointment.  The bill also requires them to maintain a license to
practice law in Texas during their term of service.   

The bill provides that an associate judge has the same judicial immunity
as a district judge.  The bill also provides that a judge may refer any
civil case or portion of a civil case to an associate judge for
resolution, and that a party may not object to the referral of a such a
matter to an associate judge. The bill also provides that an associate
judge may conduct a trial on the merits on the agreement of all parties
and by referral of the referring court, and that a case may be referred to
an associate judge by an order of referral in a specific case or by an
omnibus order.   

The bill provides that unless limited by written order, or by the order of
referral, an associate judge has the same authority as the referring judge
to perform any act necessary for the proper resolution of the matter
referred.  The bill also sets forth certain procedures for the record of
evidence in hearings conducted by associate judges as well as the
imposition of costs for this record.   

The bill also sets forth certain procedures for notice of decisions by
associate judges and for the appeal of such decisions, and specifies that
a matter appealed to the referring court shall be tried de novo and shall
be limited to only those matters specified in the appeal, and that except
on leave of court, a party may not submit on appeal any additional
evidence or pleadings.  The bill also sets forth certain provisions
regarding temporary restraining orders and temporary injunctions issued by
an associate judge.  The bill also mandates that associate judges complete
certain continuing education requirements.   


EFFECTIVE DATE

September 1, 2003.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute corrects certain drafting errors and adds specific
provisions regarding the appeal of the issuance of a temporary restraining
order or a temporary injunction.  The substitute also mandates certain
continuing education requirements for associate judges.