HBA-CBW H.B. 3192 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3192 By: Puente Judicial Affairs 4/10/2001 Introduced BACKGROUND AND PURPOSE Texas law limits the number of civil cases or aspects of a civil case that may be referred by a judge of a district court. In Bexar County, there is a backlog of cases in the districts courts because district judges have little authority to refer certain civil cases. This lack of authority to refer cases can cause long delays for hearings. Hence, allowing district judges to refer more cases to associate judges could improve the efficiency and administration of district courts. House Bill 3192 authorizes a district court judge in Bexar County to appoint an associate judge on a full-time or part-time basis to hear certain civil cases and sets forth provisions regarding the qualifications and powers of such associate judges. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3192 amends the Government Code to authorize the judges of the district courts in Bexar County to appoint a full-time or part-time associate judge to hear any civil matter within the jurisdiction of the district court. The bill authorizes an associate judge to be appointed to serve more than one court with the approval of the judge of each court to which the associate judge is appointed to serve and sets forth provisions regarding compensation for an associate judge who is appointed to handle certain family law cases (Sec. 54.1051) The bill sets forth provisions regarding the qualifications, order of appointment, compensation, judicial immunity, termination of employment, and cases that may be referred to an associate judge (Secs. 54.1052 - 54.1057). Unless a party files a written objection, the bill authorizes the judge of a district court to refer a trial on the merits to an associate judge. The bill requires the court to assign the matter for trial without referring the case to an associate judge if a party files an objection to an associate judge hearing the trial on the merits or presiding at a jury trial not later than the 10th day after the date the party receives notice that the associate judge will hear the case (Sec. 54.1058). The bill sets forth provisions regarding case referral to and the duties and powers of an associate judge (Secs. 54.1059 and 54.1060). The bill requires an associate judge to conduct a full hearing according to the usual rules applicable to a jury trial if a jury is demanded in a case referred to an associated judge and authorizes a referring judge to require a court reporter at any hearing (Secs. 54.1061 and 54.1062). If an attorney, party, witness, or other person fails to comply with a summons or order, the bill authorizes an associate judge to certify that failure in writing to the referring district court for appropriate action (Sec. 54.1063). The bill provides that a witness appearing before an associate judge is subject to penalties of perjury (Sec. 54.1064). The bill sets forth provisions regarding an associate judge's duty to report all information to the referring court (Sec. 54.1065). The bill provides that each party must be given notice of the right to appeal to the judge of the referring court, sets forth provisions regarding the appeal process, and sets forth provisions regarding the appellate review process (Secs. 54.1066 - 54.1069). Unless a party files a written notice of appeal, the bill authorizes the referring court to adopt, modify, or reject the associate judge's report, including any proposed order, hear additional evidence, or recommit the matter to the associate judge for further proceedings. The bill authorizes an associate judge to be appointed as a referee or a master in such a proceeding (Secs. 54.1070 and 54.1071). EFFECTIVE DATE September 1, 2001.