H.B. No. 890

AN ACT

relating to the terminology used to describe certain judicial officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.603(e), Government Code, is amended to read as follows:

(e) An associate judge appointed under this subchapter may serve as an associate judge [a master] appointed under Section 574.0085, Health and Safety Code.

SECTION 2. Section 571.017(a), Health and Safety Code, is amended to read as follows:

(a) The court shall order the payment of reasonable compensation to attorneys, physicians, language interpreters, sign interpreters, and associate judges [masters] appointed under this subtitle.

SECTION 3. Section 574.0085, Health and Safety Code, is amended to read as follows:

Sec. 574.0085. ASSOCIATE JUDGES [MASTERS]. (a) The county judge may appoint a full-time or a part-time associate judge [master] to preside over the proceedings for court-ordered mental health services if the commissioners court of a county in which the court has jurisdiction authorizes the employment of an associate judge [a master].

(b) To be eligible for appointment as an associate judge [a master], a person must be a resident of this state and have been licensed to practice law in this state for at least four years or be a retired county judge, statutory or constitutional, with at least 10 years of service.

(c) An associate judge [A master] shall be paid as determined by the commissioners court of the county in which the associate judge [master] serves. If an associate judge [a master] serves in more than one county, the associate judge [master] shall be paid as determined by agreement of the commissioners courts of the counties in which the associate judge [master] serves. The associate judge [master] may be paid from county funds available for payment of officers' salaries.

(d) An associate judge [A master] who serves a single court serves at the will of the judge of that court. The services of an associate judge [a master] who serves more than two courts may be terminated by a majority vote of all the judges of the courts the associate judge [master] serves. The services of an associate judge [a master] who serves two courts may be terminated by either of the judges of the courts the associate judge [master] serves.

(e) To refer cases to an associate judge [a master], the referring court must issue an order of referral. The order of referral may limit the power or duties of an associate judge [a master].

(f) Except as limited by an order of referral, an associate judge [masters] appointed under this section has [have] all the powers and duties set forth in Section 201.007, Family Code.

(g) A bailiff may attend a hearing held by an associate judge [a master] if directed by the referring court.

(h) A witness appearing before an associate judge [a master] is subject to the penalties for perjury provided by law. A referring court may issue attachment against and may fine or imprison a witness whose failure to appear before an associate judge [a master] after being summoned or whose refusal to answer questions has been certified to the court.

(i) At the conclusion of any hearing conducted by an associate judge [a master] and on the preparation of an associate judge's [a master's] report, the associate judge [master] shall transmit to the referring court all papers relating to the case, with the associate judge's [master's] signed and dated report. After the associate judge's [master's] report has been signed, the associate judge [master] shall give to the parties participating in the hearing notice of the substance of the report. The associate judge's [master's] report may contain the associate judge's [master's] findings, conclusions, or recommendations. The associate judge's [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. After the associate judge's [master's] report is filed, the referring court may adopt, approve, or reject the associate judge's [master's] report, hear further evidence, or recommit the matter for further proceedings as the referring court considers proper and necessary in the particular circumstances of the case.

(j) If a jury trial is demanded or required, the associate judge [master] shall refer the entire matter back to the referring court for trial.

(k) An associate judge [A master] appointed under this section has the judicial immunity of a county judge.

(l) An associate judge [A master] appointed in accordance with this section shall comply with the Code of Judicial Conduct in the same manner as the county judge.

SECTION 4. Sections 574.025(c) and (e), Health and Safety Code, are amended to read as follows:

(c) The hearing shall be held before a magistrate or, at the discretion of the presiding judge, before an associate judge [a master] appointed by the presiding judge. Notwithstanding any other law or requirement, an associate judge [a master] appointed to conduct a hearing under this section may practice law in the court the associate judge [master] serves. The associate judge [master] is entitled to reasonable compensation.

(e) The magistrate or associate judge [master] may consider evidence, including letters, affidavits, and other material, that may not be admissible or sufficient in a subsequent commitment hearing.

SECTION 5. Sections 574.026(a) and (b), Health and Safety Code, are amended to read as follows:

(a) The magistrate or associate judge [master] shall order that a proposed patient remain in protective custody if the magistrate or associate judge [master] determines after the hearing that an adequate factual basis exists for probable cause to believe that the proposed patient presents a substantial risk of serious harm to himself or others to the extent that he cannot remain at liberty pending the hearing on court-ordered mental health services.

(b) The magistrate or associate judge [master] shall arrange for the proposed patient to be returned to the mental health facility or other suitable place, along with copies of the certificate of medical examination, any affidavits or other material submitted as evidence in the hearing, and the notification prepared as prescribed by Subsection (d).

SECTION 6. Section 574.028(a), Health and Safety Code, is amended to read as follows:

(a) The magistrate or associate judge [master] shall order the release of a person under a protective custody order if the magistrate or associate judge [master] determines after the hearing under Section 574.025 that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others.

SECTION 7. Section 574.064(b), Health and Safety Code, is amended to read as follows:

(b) A patient may be detained under a temporary detention order for more than 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for an extreme emergency only if, after a hearing held before the expiration of that period, the court, a magistrate, or a designated associate judge [master] finds that there is probable cause to believe that:

(1) the patient meets the criteria described by Section 574.065(a); and

(2) detention in an inpatient mental health facility is necessary to evaluate the appropriate setting for continued court-ordered services.

SECTION 8. Sections 574.106(d), (e), and (f), Health and Safety Code, are amended to read as follows:

(d) A judge may refer a hearing to a magistrate or court-appointed associate judge [master] who has training regarding psychoactive medications. The magistrate or associate judge [master] may effectuate the notice, set hearing dates, and appoint attorneys as required in this subchapter. A record is not required if the hearing is held by a magistrate or court-appointed associate judge [master].

(e) A party is entitled to a hearing de novo by the judge if an appeal of the magistrate's or associate judge's [master's] report is filed with the court within three days after the report is issued. The hearing de novo shall be held within 30 days of the filing of the application for an order to authorize psychoactive medication.

(f) If a hearing or an appeal of an associate judge's [a master's] or magistrate's report is to be held in a county court in which the judge is not a licensed attorney, the proposed patient or the proposed patient's attorney may request that the proceeding be transferred to a court with a judge who is licensed to practice law in this state. The county judge shall transfer the case after receiving the request, and the receiving court shall hear the case as if it had been originally filed in that court.

SECTION 9. Section 574.203(a), Health and Safety Code, is amended to read as follows:

(a) A hearing may be conducted in accordance with this chapter but conducted by secure electronic means, including satellite transmission, closed-circuit television transmission, or any other method of two-way electronic communication that is secure, available to the parties, approved by the court, and capable of visually and audibly recording the proceedings, if:

(1) written consent to the use of a secure electronic communication method for the hearing is filed with the court by:

(A) the proposed patient or the attorney representing the proposed patient; and

(B) the county or district attorney, as appropriate;

(2) the secure electronic communication method provides for a simultaneous, compressed full-motion video, and interactive communication of image and sound among the judge or [,] associate judge [, or master], the county or district attorney, the attorney representing the proposed patient, and the proposed patient; and

(3) on request of the proposed patient or the attorney representing the proposed patient, the proposed patient and the attorney can communicate privately without being recorded or heard by the judge or [,] associate judge [, or master] or by the county or district attorney.

SECTION 10. Section 821.0211, Health and Safety Code, is amended to read as follows:

Sec. 821.0211. ADDITIONAL DEFINITION. In this subchapter, "magistrate" means any officer as defined in Article 2.09, Code of Criminal Procedure, except that the term does not include justices of the supreme court, judges of the court of criminal appeals, or courts of appeals, judges or associate judges [masters] of statutory probate courts, or judges or associate judges [masters] of district courts that give preference to family law matters or family district courts under Subchapter D, Chapter 24, Government Code.

SECTION 11. This Act takes effect September 1, 2009.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 890 was passed by the House on April 15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 890 was passed by the Senate on May 21, 2009, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor