Texas 2015 - 84th Regular

Texas House Bill HB3870 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R13300 CJC-F
2	2	By: Elkins H.B. No. 3870
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of a master in chancery in certain
8	8	counties to aid in the determination of certain ad valorem tax
9	9	appeals.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by
12	12	adding Section 42.241 to read as follows:
13	13	Sec. 42.241. MASTERS FOR CERTAIN TAX APPEALS. (a) This
14	14	section applies only to a district court located in a county with a
15	15	population of 3.3 million or more.
16	16	(b) A district court may appoint a master in chancery to
17	17	recommend a final judgment in an appeal authorized by Section
18	18	42.01. The referring court may appoint no more than two masters in
19	19	chancery under this section during each year.
20	20	(c) To be eligible to serve as a master in chancery, a person
21	21	must be an attorney licensed in this state and have at least 10
22	22	years of experience working in the field of ad valorem tax appraisal
23	23	or collection.
24	24	(d) A master in chancery shall perform all of the duties
25	25	required by the referring court. The master is subject to the
26	26	orders of the court.
27	27	(e) Subject to the limitations and specifications stated in
28	28	the referring court's order appointing the master in chancery, the
29	29	master shall:
30	30	(1) regulate all proceedings in a hearing or trial
31	31	before the master and do all acts and take all measures necessary or
32	32	proper for the efficient performance of the master's duties under
33	33	the order;
34	34	(2) enforce provisions of the Texas Rules of Civil
35	35	Procedure regarding discovery and order expedited discovery if
36	36	appropriate;
37	37	(3) rule on the admissibility of evidence;
38	38	(4) administer oaths to and examine witnesses;
39	39	(5) conduct nonjury trials;
40	40	(6) make a record of the trial at the request of a
41	41	party;
42	42	(7) exercise other powers prescribed by the order; and
43	43	(8) issue a report including findings of fact and
44	44	conclusions of law and a recommendation of a final judgment to the
45	45	referring court.
46	46	(f) If a jury demand is made and a jury fee is paid in a
47	47	matter before the master in chancery, the master shall:
48	48	(1) refer each issue that requires a jury to the
49	49	referring court; and
50	50	(2) conduct hearings, make determinations, and issue
51	51	orders concerning pretrial matters, including motions for summary
52	52	judgment, motions to compel discovery, and other procedural,
53	53	interlocutory, and dispositive motions.
54	54	(g) A pretrial ruling by a master in chancery from which a
55	55	writ of mandamus is sought must be appealed to the referring court
56	56	before initiation of the mandamus proceeding in a court of appeals.
57	57	(h) Notwithstanding any other law or requirement, an
58	58	attorney appointed as a master in chancery under this section may
59	59	practice law in the referring court if otherwise qualified to do so.
60	60	(i) At the conclusion of a hearing or trial conducted by a
61	61	master in chancery that results in a recommendation of a final
62	62	judgment, or at the request of the referring court, the master shall
63	63	transmit to the court all papers relating to the case with the
64	64	master's signed and dated report and recommendation of a final
65	65	judgment.
66	66	(j) After the master in chancery's report has been signed
67	67	and filed with the referring court, the master shall provide the
68	68	report and recommendation to the parties to the case, together with
69	69	notice of the right to appeal to the court before the recommendation
70	70	of a final judgment is approved.
71	71	(k) After the master in chancery's report and
72	72	recommendation are filed with the referring court, and unless a
73	73	party has filed a written notice of appeal to the court, the court
74	74	may confirm, modify, correct, reject, reverse, or recommit the
75	75	report and recommendation as the court determines appropriate.
76	76	(l) The referring court shall award reasonable compensation
77	77	to a master in chancery to be paid as costs of court, along with the
78	78	cost of a court reporter if a record of the proceeding is requested
79	79	by a party.
80	80	(m) A recommendation of final judgment by a master in
81	81	chancery to the referring court may be appealed in the manner
82	82	provided by Section 33.74. If an appeal to the court is not filed or
83	83	the right to an appeal to the court is waived, the findings in the
84	84	report and recommendation of the master become the decree or order
85	85	of the court on the court's signing of an order or decree conforming
86	86	to the master's report and recommendation.
87	87	(n) A master in chancery appointed under this section has
88	88	the immunity granted by law to a master and the judicial immunity
89	89	granted to a district judge.
90	90	SECTION 2. This Act takes effect September 1, 2015.