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