84R13300 CJC-F
By: Elkins H.B. No. 3870
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a master in chancery in certain
counties to aid in the determination of certain ad valorem tax
appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 42, Tax Code, is amended by
adding Section 42.241 to read as follows:
Sec. 42.241. MASTERS FOR CERTAIN TAX APPEALS. (a) This
section applies only to a district court located in a county with a
population of 3.3 million or more.
(b) A district court may appoint a master in chancery to
recommend a final judgment in an appeal authorized by Section
42.01. The referring court may appoint no more than two masters in
chancery under this section during each year.
(c) To be eligible to serve as a master in chancery, a person
must be an attorney licensed in this state and have at least 10
years of experience working in the field of ad valorem tax appraisal
or collection.
(d) A master in chancery shall perform all of the duties
required by the referring court. The master is subject to the
orders of the court.
(e) Subject to the limitations and specifications stated in
the referring court's order appointing the master in chancery, the
master shall:
(1) regulate all proceedings in a hearing or trial
before the master and do all acts and take all measures necessary or
proper for the efficient performance of the master's duties under
the order;
(2) enforce provisions of the Texas Rules of Civil
Procedure regarding discovery and order expedited discovery if
appropriate;
(3) rule on the admissibility of evidence;
(4) administer oaths to and examine witnesses;
(5) conduct nonjury trials;
(6) make a record of the trial at the request of a
party;
(7) exercise other powers prescribed by the order; and
(8) issue a report including findings of fact and
conclusions of law and a recommendation of a final judgment to the
referring court.
(f) If a jury demand is made and a jury fee is paid in a
matter before the master in chancery, the master shall:
(1) refer each issue that requires a jury to the
referring court; and
(2) conduct hearings, make determinations, and issue
orders concerning pretrial matters, including motions for summary
judgment, motions to compel discovery, and other procedural,
interlocutory, and dispositive motions.
(g) A pretrial ruling by a master in chancery from which a
writ of mandamus is sought must be appealed to the referring court
before initiation of the mandamus proceeding in a court of appeals.
(h) Notwithstanding any other law or requirement, an
attorney appointed as a master in chancery under this section may
practice law in the referring court if otherwise qualified to do so.
(i) At the conclusion of a hearing or trial conducted by a
master in chancery that results in a recommendation of a final
judgment, or at the request of the referring court, the master shall
transmit to the court all papers relating to the case with the
master's signed and dated report and recommendation of a final
judgment.
(j) After the master in chancery's report has been signed
and filed with the referring court, the master shall provide the
report and recommendation to the parties to the case, together with
notice of the right to appeal to the court before the recommendation
of a final judgment is approved.
(k) After the master in chancery's report and
recommendation are filed with the referring court, and unless a
party has filed a written notice of appeal to the court, the court
may confirm, modify, correct, reject, reverse, or recommit the
report and recommendation as the court determines appropriate.
(l) The referring court shall award reasonable compensation
to a master in chancery to be paid as costs of court, along with the
cost of a court reporter if a record of the proceeding is requested
by a party.
(m) A recommendation of final judgment by a master in
chancery to the referring court may be appealed in the manner
provided by Section 33.74. If an appeal to the court is not filed or
the right to an appeal to the court is waived, the findings in the
report and recommendation of the master become the decree or order
of the court on the court's signing of an order or decree conforming
to the master's report and recommendation.
(n) A master in chancery appointed under this section has
the immunity granted by law to a master and the judicial immunity
granted to a district judge.
SECTION 2. This Act takes effect September 1, 2015.