78R12707 YDB-D
By: Guillen H.B. No. 3304
A BILL TO BE ENTITLED
AN ACT
relating to the appointment and duties of a judicial master in the
229th Judicial District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter V to read as follows:
SUBCHAPTER V. MASTERS IN DUVAL COUNTY
Sec. 54.1131. APPOINTMENT. The judge of the 229th District
Court, with the approval of the Commissioners Court of Duval
County, may appoint a full-time or a part-time master to perform the
duties authorized by this subchapter.
Sec. 54.1132. QUALIFICATIONS. To be eligible for
appointment as a master, a person must:
(1) be a resident of this state and Duval County; and
(2) meet the requirements and qualifications to serve
as a judge of the court to which the person is appointed.
Sec. 54.1133. COMPENSATION. (a) A master is entitled to
the compensation set by the Duval County Commissioners Court.
(b) The salary shall be paid from the county fund available
for payments of officers' salaries.
(c) This section does not apply to a master appointed under
Section 201.001, Family Code.
Sec. 54.1134. PRIVATE PRACTICE. The master may engage in
the private practice of law, unless restricted on a finding that it
is not in the public interest by the appointing judge.
Sec. 54.1135. TERMINATION OF SERVICES. (a) A master serves
at the will of the judge of the 229th District Court.
(b) This section does not apply to a master appointed under
Section 201.001, Family Code.
Sec. 54.1136. REFERRAL OF CASE. (a) The appointing judge
may refer to a master any aspect of a civil or criminal case
involving a matter over which the referring court has jurisdiction
in Duval County.
(b) After notice to all parties of the time and place of
hearing, a master may preside over any hearing, including:
(1) for a civil case, proceedings involving:
(A) a temporary order in an action or suit for
support by one spouse against another;
(B) a motion or suit to modify a temporary or
final order;
(C) temporary orders in a suit affecting the
parent-child relationship;
(D) an application for a temporary injunction
related to temporary possession or use of property;
(E) habeas corpus, including any hearing
authorized by the Family Code;
(F) a motion to transfer;
(G) a motion of contempt for failure or refusal
to obey a temporary or final order;
(H) an action brought under Chapter 159, Family
Code;
(I) an action for the protection of the family;
(J) a matter on which the parties agree;
(K) a matter in which a party is entitled to a
default judgment;
(L) a divorce action in which a waiver of
citation is on file;
(M) a friendly suit; and
(N) any other matter in the jurisdiction of the
court, including a pretrial motion, discovery, summary judgment,
and other matters governed by the Texas Rules of Civil Procedure;
and
(2) for a criminal case, proceedings involving:
(A) a negotiated plea of guilty or nolo
contendere;
(B) a bond forfeiture;
(C) a pretrial motion;
(D) a postconviction writ of habeas corpus;
(E) an examining trial; and
(F) any other matter that the judge considers
proper.
(c) A judge may not refer to a master any criminal case for
trial on the merits in which a jury trial has been requested.
(d) Unless a party files a written objection to the master
hearing the trial, the appointing judge may refer to a master a
trial on the merits. If an objection is filed, the trial on the
merits shall be heard by the referring court.
(e) A trial on the merits is a final adjudication from which
an appeal may be taken to a court of appeals.
(f) A master may not conduct a contested trial on the merits
to terminate parental rights unless the affected parties give
written consent to the contested trial by the master. Unless
written consent is given by the affected parties to a contested
trial on the merits, any order terminating parental rights issued
pursuant to a master's report resulting from the contested trial is
void.
(g) On appointment of a master, any pending or future cases
may be referred to the master.
Sec. 54.1137. ORDER OF REFERRAL. (a) To refer cases to a
master, the referring court must issue an order of referral.
(b) The order of referral may limit the power or duties of a
master.
Sec. 54.1138. POWERS. Except as limited by an order of
referral, a master may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend the judgment to be made in a case;
(11) regulate all proceedings in a hearing before the
master;
(12) rule on all criminal pretrial motions; and
(13) perform any act and take any measure necessary
and proper for the efficient performance of the master's duties.
Sec. 54.1139. ATTENDANCE OF BAILIFF. A bailiff shall
attend a hearing held by a master if directed by the referring
court.
Sec. 54.1140. WITNESS. (a) A witness appearing before a
master is subject to the penalties for perjury provided by law.
(b) A referring court may issue attachment against and may
fine or imprison a witness whose failure to appear before a master
after being summoned or whose refusal to answer questions has been
certified to the court.
Sec. 54.1141. REPORT TRANSMITTED TO COURT; NOTICE. (a) At
the conclusion of any hearing conducted by a master and on the
preparation of a master's report, the master shall transmit to the
referring court:
(1) all papers relating to the case; and
(2) the master's signed and dated report.
(b) After the master's report has been signed, the master
shall give notice of the substance of the report to the parties
participating in the hearing.
(c) The master's report may contain the master's finding,
conclusions, or recommendations. The master's report must be in
writing in a form as the referring court may direct. The form may be
a notation on the referring court's docket sheet.
(d) The notice required under Subsection (b) may be given in
open court or may be given by certified mail, return receipt
requested. If the notice is given by certified mail, the master
shall certify the date of mailing and the notice is considered to
have been given on the third day after the date of mailing.
Sec. 54.1142. NOTICE OF RIGHT TO APPEAL. A master shall
give all parties notice of the right of appeal to the judge of the
referring court. The notice may be given:
(1) at the hearing;
(2) by posting the notice inside or outside of the
courtroom of the referring court; or
(3) as otherwise directed by the referring court.
Sec. 54.1143. EFFECT OF MASTER'S REPORT PENDING APPEAL.
Pending appeal of the master's report to the referring court, the
decisions and recommendations of the master are in full force and
effect and are enforceable as an order of the referring court,
except for the orders providing for incarceration or for the
appointment of a receiver.
Sec. 54.1144. JUDICIAL ACTION ON MASTER'S REPORT. After
the master's report is filed, and unless the parties have filed a
written notice of appeal to the referring court, the referring
court may:
(1) adopt, approve, or reject the master's report;
(2) hear further evidence; or
(3) recommit the matter for further proceedings as the
referring court considers proper and necessary in the particular
circumstances of the case.
Sec. 54.1145. DECREE OR ORDER OF COURT. 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 the recommendations of
the master become the decree or order of the referring court only on
the referring court's signing an order or decree conforming to the
master's report.
Sec. 54.1146. APPEAL TO REFERRING COURT. (a) Any party is
entitled to a hearing by the judge of the referring court if, not
later than three days, computed in the manner provided by Rule 4,
Texas Rules of Civil Procedure, after the master gives the notice
required by Section 54.1141, an appeal of the master's report is
filed with the referring court.
(b) The first day of the appeal time to the referring courts
begins on the day after the day on which the master gives the notice
required by Section 54.1141.
(c) An appeal to the referring court shall be in writing and
must specify the findings and conclusions of the master to which the
party objects. The appeal is limited to the findings and
conclusions specified in the written appeal.
(d) On appeal to the referring court, the parties may
present witnesses as in a hearing de novo on the issues raised in
the appeal.
(e) Notice of any appeal to the referring court shall be
given to opposing counsel in the manner provided by Rule 21a, Texas
Rules of Civil Procedure.
(f) If an appeal to the referring court is filed by a party,
any other party may file an appeal to the referring court not later
than the seventh day after the date the initial appeal was filed.
(g) The referring court, after notice to the parties, shall
hold a hearing on all appeals not later than the 30th day after the
date on which the initial appeal was filed with the referring court.
(h) Prior to any hearing before a master, the parties may
waive the right of appeal to the referring court. The waiver may be
in writing or on the record.
Sec. 54.1147. APPELLATE REVIEW. (a) Failure to appeal to
the referring court, by waiver or otherwise, on the approval by the
referring court of a master's report does not deprive any party of
the right to appeal to or request other relief from a court of
appeals or the supreme court.
(b) The date of the signing of an order or judgment by the
referring court is the controlling date for the purposes of appeal
to or request for other relief from a court of appeals or the
supreme court.
Sec. 54.1148. JURY TRIAL DEMANDED. If a jury trial is
demanded and a jury fee paid in a trial on the merits, the master
shall refer any matters requiring a jury back to the referring court
for a full trial before the court and jury.
Sec. 54.1149. INAPPLICABILITY OF SUBCHAPTER TO MASTERS
APPOINTED UNDER RULE 171. Masters appointed by the referring court
under Rule 171, Texas Rules of Civil Procedure, have all the duties
and powers set forth in the order of appointment and are not
governed by this subchapter.
Sec. 54.1150. IMMUNITY. A master appointed under this
subchapter has the judicial immunity of a district judge.
Sec. 54.1151. COURT REPORTER. (a) A court reporter is not
required during a hearing held by a master appointed under this
subchapter.
(b) A party, the master, or the referring court may provide
for a court reporter during the hearing. The record may be
preserved by any other means approved by the master.
(c) The referring court or master may impose on a party as
costs the expense of preserving the record.
Sec. 54.1152. FEES. (a) A plaintiff in a civil case before
a master shall pay a fee of $25 for the services of the master.
(b) The clerk of the referring court shall collect the fee
and deposit it in the county treasury to be used for court-related
purposes.
SECTION 2. This Act takes effect September 1, 2003.