Bill Text: TX HB3870 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the appointment of a master in chancery in certain counties to aid in the determination of certain ad valorem tax appeals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Ways & Means [HB3870 Detail]
Download: Texas-2015-HB3870-Introduced.html
84R13300 CJC-F | ||
By: Elkins | H.B. No. 3870 |
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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. |