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78R604 KLA-D
By: Naishtat H.B. No. 1539
A BILL TO BE ENTITLED
AN ACT
relating to associate judges for statutory probate courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 54, Government Code, is
amended to read as follows:
CHAPTER 54. MASTERS; MAGISTRATES; REFEREES; ASSOCIATE JUDGES
SECTION 2. The heading to Subchapter G, Chapter 54,
Government Code, is amended to read as follows:
SUBCHAPTER G. STATUTORY PROBATE COURT ASSOCIATE JUDGES [MASTERS]
SECTION 3. Sections 54.603-54.614, Government Code, are
amended to read as follows:
Sec. 54.603. APPOINTMENT. (a) After obtaining the
approval of the commissioners court, the judge of a statutory
probate court by order may appoint a person to act as associate
judge [probate master] for the statutory probate court.
(b) The commissioners court may authorize the appointment
of an associate judge [a probate master] for each court or may
authorize one or more associate judges [probate masters] to share
service with two or more courts, if more than one statutory probate
court exists in a county.
(c) If an associate judge [a probate master] serves more
than one court, the associate judge's [probate master's]
appointment must be made with the unanimous approval of all the
judges under whom the associate judge [probate master] serves.
(d) An associate judge [A probate master] must meet the
qualifications to serve as a judge of the court to which the
associate judge is appointed.
(e) An associate judge [A probate master] appointed under
this subchapter may serve as a master appointed under Section
574.0085, Health and Safety Code.
Sec. 54.604. TERMINATION OF ASSOCIATE JUDGE [PROBATE
MASTER]. (a) An associate judge [A probate master] who serves a
single court serves at the will of the judge of that court.
(b) The employment of an associate judge [a probate master]
who serves more than two courts may only be terminated by a majority
vote of all the judges of the courts that the associate judge
[probate master] serves.
(c) The employment of an associate judge [a probate master]
who serves two courts may be terminated by either of the judges of
the courts that the associate judge [probate master] serves.
(d) The appointment of the associate judge [probate master]
terminates if:
(1) the appointing judge vacates the judge's office;
(2) the associate judge [probate master] becomes a
candidate for election to public office; or
(3) the commissioners court does not appropriate funds
in the county's budget to pay the salary of the associate judge
[probate master].
Sec. 54.605. COMPENSATION. (a) An associate judge [A
probate master] is entitled to the compensation set by the
appointing judge and approved by the commissioners court. The
salary of the associate judge [probate master] may not exceed the
salary of the appointing judge.
(b) The compensation of the associate judge [probate
master] shall be paid by the county from the county general fund in
the same manner that the appointing judge's salary is paid.
Sec. 54.606. OATH. An associate judge [A probate master]
must take the constitutional oath of office required of appointed
officers of this state.
Sec. 54.607. MAGISTRATE. An associate judge [A probate
master] appointed under this subchapter is a magistrate.
Sec. 54.608. CASES THAT MAY BE REFERRED. (a) Except as
provided by this section, a judge of a court may refer to an
associate judge [a probate master] any aspect of a suit over which
the probate court has jurisdiction, including any matter ancillary
to the suit.
(b) Unless a party files a written objection to the
associate judge [probate master] hearing a trial on the merits, the
judge may refer the trial to the associate judge [probate master].
A trial on the merits is any final adjudication from which an appeal
may be taken to a court of appeals.
(c) A party must file an objection to an associate judge [a
probate master] hearing a trial on the merits or presiding at a jury
trial not later than the 10th day after the date the party receives
notice that the associate judge [probate master] will hear the
trial. If an objection is filed, the referring court shall hear the
trial on the merits or preside at a jury trial.
[(d) Unless all parties consent in writing to a probate
master hearing a contested trial on the merits of a lawsuit in which
the referring court's jurisdiction is concurrent with the district
court in the county of the referring court, the matter must be tried
by the referring court. In a lawsuit in which the referring court's
jurisdiction is concurrent with the district court, any order
rendered under a probate master's report is void if the parties do
not consent in writing to the probate master conducting the trial on
the merits.
[(e) If a jury trial is demanded and a jury fee paid in a
trial on the merits, the probate master shall refer any matters
requiring a jury back to the referring court for a trial before the
referring court and jury.]
Sec. 54.609. ORDER OF REFERRAL. (a) In referring a case to
an associate judge [a probate master], the judge of the referring
court shall render:
(1) an individual order of referral; or
(2) a general order of referral specifying the class
and type of cases to be heard by the associate judge [probate
master].
(b) The order of referral may limit the power or duties of an
associate judge [a probate master].
Sec. 54.610. POWERS OF ASSOCIATE JUDGE [PROBATE MASTER].
Except as limited by an order of referral, an associate judge [a
probate master] may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate all proceedings in a hearing before the
associate judge [probate master]; and
(12) take action as necessary and proper for the
efficient performance of the associate judge's [probate master's]
duties.
Sec. 54.611. ATTENDANCE OF BAILIFF. A bailiff shall attend
a hearing conducted by an associate judge [a probate master] if
directed to attend by the referring court.
Sec. 54.612. COURT REPORTER. (a) A court reporter is not
required during a hearing held by an associate judge [a probate
master] appointed under this subchapter unless required by other
law.
(b) A party, the associate judge [probate master], or the
referring court may provide for a reporter during the hearing.
(c) The record of a hearing before an associate judge [a
probate master] may be preserved by any means approved by the
referring court.
(d) The referring court or associate judge [probate master]
may impose on a party the expense of preserving the record as a
court cost.
Sec. 54.613. WITNESS. (a) A witness appearing before an
associate judge [a probate master] is subject to the penalties for
perjury provided by law.
(b) A referring court may fine or imprison a witness who:
(1) fails to appear before an associate judge [a
probate master] after being summoned; or
(2) improperly refuses to answer a question if the
refusal has been certified to the court by the associate judge
[probate master].
Sec. 54.614. REPORT. (a) The associate judge's [probate
master's] report may contain the associate judge's [probate
master's] findings, conclusions, or recommendations. The
associate judge [probate master] shall prepare a written report in
the form directed by the referring court. The form may be a
notation on the referring court's docket sheet.
(b) After a hearing, the associate judge [probate master]
shall provide the parties participating in the hearing notice of
the substance of the associate judge's [probate master's] report.
(c) Notice may be given to the parties:
(1) in open court, by an oral statement or a copy of
the associate judge's [probate master's] written report; or
(2) by certified mail, return receipt requested.
(d) The associate judge [probate master] shall certify the
date of mailing of notice by certified mail. Notice is considered
given on the third day after the date of mailing.
(e) After a hearing conducted by an associate judge [a
probate master], the associate judge [probate master] shall send
the associate judge's [probate master's] signed and dated report
and all other papers relating to the case to the referring court.
SECTION 4. Section 54.615(a), Government Code, is amended
to read as follows:
(a) An associate judge [A probate master] shall give all
parties notice of the right of appeal to the judge of the referring
court.
SECTION 5. Sections 54.616 and 54.617, Government Code, are
amended to read as follows:
Sec. 54.616. ORDER OF COURT. (a) Pending appeal of the
associate judge's [probate master's] report to the referring court,
the decisions and recommendations of the associate judge's [probate
master's] report have the force and effect, and are enforceable as,
an order of the referring court, except for orders providing for
incarceration or for the appointment of a receiver.
(b) If an appeal to the referring court is not filed or the
right to an appeal to the referring court is waived, the findings
and recommendations of the associate judge [probate master] become
the order of the referring court at the time the judge of the
referring court signs an order conforming to the associate judge's
[probate master's] report.
Sec. 54.617. JUDICIAL ACTION ON ASSOCIATE JUDGE'S [A
MASTER'S] REPORT. Unless a party files a written notice of appeal,
the referring court may:
(1) adopt, modify, or reject the associate judge's
[probate master's] report;
(2) hear further evidence; or
(3) recommit the matter to the associate judge
[probate master] for further proceedings.
SECTION 6. Sections 54.618(a), (b), and (g), Government
Code, are amended to read as follows:
(a) A party may appeal an associate judge's [a probate
master's] report by filing notice of appeal not later than the third
day after the date the party receives notice of the substance of the
associate judge's [probate master's] report as provided by Section
54.614.
(b) An appeal to the referring court must be made in writing
and specify the findings and conclusions of the associate judge
[probate master] to which the party objects. The appeal is limited
to the findings and conclusions specified in the written appeal.
(g) Before the start of a hearing conducted by an associate
judge [a probate master], the parties may waive the right of appeal
to the referring court. The waiver may be in writing or on the
record.
SECTION 7. Section 54.619(a), Government Code, is amended
to read as follows:
(a) Failure to appeal to the referring court, by waiver or
otherwise, the approval by the referring court of an associate
judge's [a probate master's] report does not deprive a party of the
right to appeal to or request other relief from a court of appeals
or the supreme court.
SECTION 8. Section 54.620, Government Code, is amended to
read as follows:
Sec. 54.620. IMMUNITY. An associate judge [A probate
master] appointed under this subchapter has the judicial immunity
of a probate judge. All existing immunity granted an associate
judge [a probate master] by law, express or implied, continues in
full force and effect.
SECTION 9. Article 2.09, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.09. WHO ARE MAGISTRATES. Each of the following
officers is a magistrate within the meaning of this Code: The
justices of the Supreme Court, the judges of the Court of Criminal
Appeals, the justices of the Courts of Appeals, the judges of the
District Court, the magistrates appointed by the judges of the
district courts of Bexar County, Dallas County, Tarrant County, or
Travis County that give preference to criminal cases, the criminal
law hearing officers for Harris County appointed under Subchapter
L, Chapter 54, Government Code, the magistrates appointed by the
judges of the district courts of Lubbock County or Webb County, the
magistrates appointed by the judges of the criminal district courts
of Dallas County or Tarrant County, the masters appointed by the
judges of the district courts and the county courts at law that give
preference to criminal cases in Jefferson County, the magistrates
appointed by the judges of the district courts and the statutory
county courts of Williamson County, the county judges, the judges
of the county courts at law, judges of the county criminal courts,
the judges of statutory probate courts, the associate judges
[masters] appointed by the judges of the statutory probate courts
under Subchapter G, Chapter 54, Government Code, the justices of
the peace, the mayors and recorders and the judges of the municipal
courts of incorporated cities or towns.
SECTION 10. A reference in law to a probate master appointed
under Subchapter G, Chapter 54, Government Code, means an associate
judge of a statutory probate court appointed under that subchapter.
SECTION 11. This Act takes effect September 1, 2003.