Texas 2009 - 81st Regular

Texas House Bill HB890 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 890
2	2
3	3
4	4	AN ACT
5	5	relating to the terminology used to describe certain judicial
6	6	officers.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 54.603(e), Government Code, is amended
9	9	to read as follows:
10	10	(e) An associate judge appointed under this subchapter may
11	11	serve as an associate judge [a master] appointed under Section
12	12	574.0085, Health and Safety Code.
13	13	SECTION 2. Section 571.017(a), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(a) The court shall order the payment of reasonable
16	16	compensation to attorneys, physicians, language interpreters, sign
17	17	interpreters, and associate judges [masters] appointed under this
18	18	subtitle.
19	19	SECTION 3. Section 574.0085, Health and Safety Code, is
20	20	amended to read as follows:
21	21	Sec. 574.0085. ASSOCIATE JUDGES [MASTERS]. (a) The
22	22	county judge may appoint a full-time or a part-time associate judge
23	23	[master] to preside over the proceedings for court-ordered mental
24	24	health services if the commissioners court of a county in which the
25	25	court has jurisdiction authorizes the employment of an associate
26	26	judge [a master].
27	27	(b) To be eligible for appointment as an associate judge [a
28	28	master], a person must be a resident of this state and have been
29	29	licensed to practice law in this state for at least four years or be
30	30	a retired county judge, statutory or constitutional, with at least
31	31	10 years of service.
32	32	(c) An associate judge [A master] shall be paid as
33	33	determined by the commissioners court of the county in which the
34	34	associate judge [master] serves. If an associate judge [a master]
35	35	serves in more than one county, the associate judge [master] shall
36	36	be paid as determined by agreement of the commissioners courts of
37	37	the counties in which the associate judge [master] serves. The
38	38	associate judge [master] may be paid from county funds available
39	39	for payment of officers' salaries.
40	40	(d) An associate judge [A master] who serves a single court
41	41	serves at the will of the judge of that court. The services of an
42	42	associate judge [a master] who serves more than two courts may be
43	43	terminated by a majority vote of all the judges of the courts the
44	44	associate judge [master] serves. The services of an associate
45	45	judge [a master] who serves two courts may be terminated by either
46	46	of the judges of the courts the associate judge [master] serves.
47	47	(e) To refer cases to an associate judge [a master], the
48	48	referring court must issue an order of referral. The order of
49	49	referral may limit the power or duties of an associate judge [a
50	50	master].
51	51	(f) Except as limited by an order of referral, an associate
52	52	judge [masters] appointed under this section has [have] all the
53	53	powers and duties set forth in Section 201.007, Family Code.
54	54	(g) A bailiff may attend a hearing held by an associate
55	55	judge [a master] if directed by the referring court.
56	56	(h) A witness appearing before an associate judge [a master]
57	57	is subject to the penalties for perjury provided by law. A
58	58	referring court may issue attachment against and may fine or
59	59	imprison a witness whose failure to appear before an associate
60	60	judge [a master] after being summoned or whose refusal to answer
61	61	questions has been certified to the court.
62	62	(i) At the conclusion of any hearing conducted by an
63	63	associate judge [a master] and on the preparation of an associate
64	64	judge's [a master's] report, the associate judge [master] shall
65	65	transmit to the referring court all papers relating to the case,
66	66	with the associate judge's [master's] signed and dated report.
67	67	After the associate judge's [master's] report has been signed, the
68	68	associate judge [master] shall give to the parties participating in
69	69	the hearing notice of the substance of the report. The associate
70	70	judge's [master's] report may contain the associate judge's
71	71	[master's] findings, conclusions, or recommendations. The
72	72	associate judge's [master's] report must be in writing in a form as
73	73	the referring court may direct. The form may be a notation on the
74	74	referring court's docket sheet. After the associate judge's
75	75	[master's] report is filed, the referring court may adopt, approve,
76	76	or reject the associate judge's [master's] report, hear further
77	77	evidence, or recommit the matter for further proceedings as the
78	78	referring court considers proper and necessary in the particular
79	79	circumstances of the case.
80	80	(j) If a jury trial is demanded or required, the associate
81	81	judge [master] shall refer the entire matter back to the referring
82	82	court for trial.
83	83	(k) An associate judge [A master] appointed under this
84	84	section has the judicial immunity of a county judge.
85	85	(l) An associate judge [A master] appointed in accordance
86	86	with this section shall comply with the Code of Judicial Conduct in
87	87	the same manner as the county judge.
88	88	SECTION 4. Sections 574.025(c) and (e), Health and Safety
89	89	Code, are amended to read as follows:
90	90	(c) The hearing shall be held before a magistrate or, at the
91	91	discretion of the presiding judge, before an associate judge [a
92	92	master] appointed by the presiding judge. Notwithstanding any
93	93	other law or requirement, an associate judge [a master] appointed
94	94	to conduct a hearing under this section may practice law in the
95	95	court the associate judge [master] serves. The associate judge
96	96	[master] is entitled to reasonable compensation.
97	97	(e) The magistrate or associate judge [master] may consider
98	98	evidence, including letters, affidavits, and other material, that
99	99	may not be admissible or sufficient in a subsequent commitment
100	100	hearing.
101	101	SECTION 5. Sections 574.026(a) and (b), Health and Safety
102	102	Code, are amended to read as follows:
103	103	(a) The magistrate or associate judge [master] shall order
104	104	that a proposed patient remain in protective custody if the
105	105	magistrate or associate judge [master] determines after the hearing
106	106	that an adequate factual basis exists for probable cause to believe
107	107	that the proposed patient presents a substantial risk of serious
108	108	harm to himself or others to the extent that he cannot remain at
109	109	liberty pending the hearing on court-ordered mental health
110	110	services.
111	111	(b) The magistrate or associate judge [master] shall
112	112	arrange for the proposed patient to be returned to the mental health
113	113	facility or other suitable place, along with copies of the
114	114	certificate of medical examination, any affidavits or other
115	115	material submitted as evidence in the hearing, and the notification
116	116	prepared as prescribed by Subsection (d).
117	117	SECTION 6. Section 574.028(a), Health and Safety Code, is
118	118	amended to read as follows:
119	119	(a) The magistrate or associate judge [master] shall order
120	120	the release of a person under a protective custody order if the
121	121	magistrate or associate judge [master] determines after the hearing
122	122	under Section 574.025 that no probable cause exists to believe that
123	123	the proposed patient presents a substantial risk of serious harm to
124	124	himself or others.
125	125	SECTION 7. Section 574.064(b), Health and Safety Code, is
126	126	amended to read as follows:
127	127	(b) A patient may be detained under a temporary detention
128	128	order for more than 72 hours, excluding Saturdays, Sundays, legal
129	129	holidays, and the period prescribed by Section 574.025(b) for an
130	130	extreme emergency only if, after a hearing held before the
131	131	expiration of that period, the court, a magistrate, or a designated
132	132	associate judge [master] finds that there is probable cause to
133	133	believe that:
134	134	(1) the patient meets the criteria described by
135	135	Section 574.065(a); and
136	136	(2) detention in an inpatient mental health facility
137	137	is necessary to evaluate the appropriate setting for continued
138	138	court-ordered services.
139	139	SECTION 8. Sections 574.106(d), (e), and (f), Health and
140	140	Safety Code, are amended to read as follows:
141	141	(d) A judge may refer a hearing to a magistrate or
142	142	court-appointed associate judge [master] who has training
143	143	regarding psychoactive medications. The magistrate or associate
144	144	judge [master] may effectuate the notice, set hearing dates, and
145	145	appoint attorneys as required in this subchapter. A record is not
146	146	required if the hearing is held by a magistrate or court-appointed
147	147	associate judge [master].
148	148	(e) A party is entitled to a hearing de novo by the judge if
149	149	an appeal of the magistrate's or associate judge's [master's] report
150	150	is filed with the court within three days after the report is
151	151	issued. The hearing de novo shall be held within 30 days of the
152	152	filing of the application for an order to authorize psychoactive
153	153	medication.
154	154	(f) If a hearing or an appeal of an associate judge's [a
155	155	master's] or magistrate's report is to be held in a county court in
156	156	which the judge is not a licensed attorney, the proposed patient or
157	157	the proposed patient's attorney may request that the proceeding be
158	158	transferred to a court with a judge who is licensed to practice law
159	159	in this state. The county judge shall transfer the case after
160	160	receiving the request, and the receiving court shall hear the case
161	161	as if it had been originally filed in that court.
162	162	SECTION 9. Section 574.203(a), Health and Safety Code, is
163	163	amended to read as follows:
164	164	(a) A hearing may be conducted in accordance with this
165	165	chapter but conducted by secure electronic means, including
166	166	satellite transmission, closed-circuit television transmission, or
167	167	any other method of two-way electronic communication that is
168	168	secure, available to the parties, approved by the court, and
169	169	capable of visually and audibly recording the proceedings, if:
170	170	(1) written consent to the use of a secure electronic
171	171	communication method for the hearing is filed with the court by:
172	172	(A) the proposed patient or the attorney
173	173	representing the proposed patient; and
174	174	(B) the county or district attorney, as
175	175	appropriate;
176	176	(2) the secure electronic communication method
177	177	provides for a simultaneous, compressed full-motion video, and
178	178	interactive communication of image and sound among the judge or [,]
179	179	associate judge [, or master], the county or district attorney, the
180	180	attorney representing the proposed patient, and the proposed
181	181	patient; and
182	182	(3) on request of the proposed patient or the attorney
183	183	representing the proposed patient, the proposed patient and the
184	184	attorney can communicate privately without being recorded or heard
185	185	by the judge or [,] associate judge [, or master] or by the county or
186	186	district attorney.
187	187	SECTION 10. Section 821.0211, Health and Safety Code, is
188	188	amended to read as follows:
189	189	Sec. 821.0211. ADDITIONAL DEFINITION. In this subchapter,
190	190	"magistrate" means any officer as defined in Article 2.09, Code of
191	191	Criminal Procedure, except that the term does not include justices
192	192	of the supreme court, judges of the court of criminal appeals, or
193	193	courts of appeals, judges or associate judges [masters] of
194	194	statutory probate courts, or judges or associate judges [masters]
195	195	of district courts that give preference to family law matters or
196	196	family district courts under Subchapter D, Chapter 24, Government
197	197	Code.
198	198	SECTION 11. This Act takes effect September 1, 2009.
199	199	______________________________ ______________________________
200	200	President of the Senate Speaker of the House
201	201	I certify that H.B. No. 890 was passed by the House on April
202	202	15, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
203	203	voting.
204	204	______________________________
205	205	Chief Clerk of the House
206	206	I certify that H.B. No. 890 was passed by the Senate on May
207	207	21, 2009, by the following vote: Yeas 31, Nays 0.
208	208	______________________________
209	209	Secretary of the Senate
210	210	APPROVED: _____________________
211	211	Date
212	212	_____________________
213	213	Governor