Texas Attorney General Opinion: GA-126 Page: 2 of 13
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The Honorable Ben W. "Bud" Childers - Page 2
employed three different masters.3 Over the years, the commissioners court budgeted salary
increases for the master position pursuant to chapter 111, subchapter C of the Government Code, the
statute governing Fort Bend County's budget preparation. See id. at 4. Recent county budgets use
both the terms "court master" and "associate judge" to describe the position. See id. at 2; see also
id. Exhibit B.
In 1999, the Legislature created the 387th Judicial District composed of Fort Bend County
and provided that "[t]he 387th District Court shall give preference to family law matters."4 In 2002,
both the judge for the 328th District Court and his last master resigned. See id. at 2. In 2003, the
new judge for the 328th District Court and the judge for the 387th District Court interviewed
candidates for an associate judge for both courts, but the judges could not agree on a candidate. See
id. Thereafter, the judge of the 328th District Court appointed an associate judge to serve only the
328th District Court. See id. The associate judge receives a salary in excess of $90,000. See id.
The judge for the 387th District Court questions the validity of that appointment.5
B. The Evolution of Former Article 1918b
A number of your questions involve the relationship between present law and former
article 1918b, pursuant to which the commissioners court authorized the 328th District Court to
employ a master in 1984. See id. at 2-3; see also id. Exhibit A. In 1984, article 1918b authorized
courts "having jurisdiction of suits affecting the parent-child relationship under Title 2, Family
Code" to appoint a master "if the commissioners court of a county in which the court has jurisdiction
authorizes the employment of a master."6
In 1985, the legislature amended former article 1918b.7 In the same session, the legislature
repealed article 1918b and codified its provisions in chapter 54, subchapter A of the Government
3See Brief from Honorable Ronald R. Pope, Judge Presiding, 328th District Court, Fort Bend County, Texas,
to Honorable Greg Abbott, Texas Attorney General, at 2 (July 8, 2003) (on file with Opinion Committee) [hereinafter
328th District Court Brief].
4See Act of May 30, 1999, 76th Leg., R.S., ch. 1337, 2(b), 1999 Tex. Gen. Laws 4547, 4548 (codified as TEX.
Gov'T CODE ANN. 24.532).
5See Brief from Honorable Robert J. Kern, Judge Presiding, 387th District Court, Fort Bend County, Texas,
to Nancy S. Fuller, Chair, Opinion Committee, Office of the Attorney General (July 14, 2003) (on file with Opinion
Committee) [hereinafter 387th District Court Brief].
6Act of May 25, 1979, 66th Leg., R.S., ch. 719, 1(a), 1979 Tex. Gen. Laws 1771, 1771 (enacting former TEX.
REV. Cvry. STAT. ANN. art. 1918b) [hereinafter Act of May 25, 1979).7See Act of May 27, 1985, 69th Leg., R.S., ch. 851, 1, 1985 Tex. Gen. Laws 2950, 2951-53.
(GA-0126)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-126, text, December 8, 2003; (https://texashistory.unt.edu/ark:/67531/metapth275022/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.