HonorableTravis S. Ware CriminalDistrictAttorney P. 0. Box 10536 Lubbock,Texas 79408 OpinionNo. 3-f-692
Re: Authority of a mascrr appointed under the authority of Senate Bill No. 1321,Acts 1985, 69th Leg., ch. 851, 51 et seq., at 2951, to handle matters underTitle 1, 2 or 4 of the Family Code
Dear Hr. Ware: You ask whether a master appoinced~by a judge under Senate Bill No. 1321,Acts 1985, 69th Leg., ch. 851, 51, at 2951, is statutorily authorized to handle matters under Title 1. 2. or 4 of the Family Code. Section 1 of Senate BillNo. 1321.Acts 1985. 69thLeg., ch. 851, purports to amend article 1918b. section 1. V.T.C.S. (now sections 54.001 and 54.004 of the Government Code) without reference to the repeal of said article by Acts 1985, 69th Leg., ch. 480, $26(l). at 2048. As so amended, section 1 of SenateBillNo. 1321reads:

Appointment of Master. (a) The judge of a district court or other court having jurisdiction of suits under Title 1. 2, or 4, Family Code, a8 amended, may appoint a master to perform the duties authorizedby thisAct if the commissioners court of a county in which the court has jurisdiction authorizes the employment of a master. The court may employ either a full or part-time master. Except a.sprovided by Subsection (d) of this section, themaster shallbe appoinredby the judge and serves at thewill of the judge. (b) If the court exercises jurisdiction in more than one county, themastermay serve only in a county in which the commissioners court has authorized themaster's appoiqaent. (c) If more than one district court or other court having jurisdiction of suits under Title 1, 2. or 4. Family Code, as amended has jurisdiction in a county. the commissionerscourtmay authorize

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the appointment of a master for each court or may authorize one or more masters to share service with two or more courts. (d) If a master serves more than oue court, the master's appointment must be made with the unanimous approval of all the judges under whom the master serves, and the master's services way be terminatedby a majority vote of all the judges forwhom thewaster serves. Your couceru appears to stem from the fact that Senate Bill No. 1321,Acts 1985. 69th Leg., ch. 851. 51. at 2951, is au amendment to a statuterepealedby the same legislature. The repealed article 1918b. now sections 54.001 and 54.004 of the Government Code, was amended by Senate Bill No. 1321. The Government Code, enactedby Acts 1985, 69th Legislature, effective September 1, 1985, is a unit of the statutory revisionprogram authorizedby article 5429b-1,V.T.C.S. The Government Code, section 311.031, SavingsProvision.provides inpertinentpart:

(c) The repeal of a statuteby a code does not affect an amendment, revisiou. or reenactment of the statute by the same legislature that enacted the code. The amendment. revision, or reenactment is preserved and given effect as part of the code provision that revised the statute so amended, revised, or reenacted. The fact that the Sixty+inth Legislature repealed article 1918b, V.T.C.S., does not affect an amendment. revision, or reenactment by the same legislature chat enacted this provision of the Government Code. SUMMARY

A master appointed under the authority of Senate Bill No. 1321, Acts 1975, 69th Leg., ch. 851. Il. at 2951. is statutorily authorized to handle matters under Title 1. 2, or 4 of the Family Code.

JIM MATTOX Attorney General of Texas

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JACK HIGRTOWER FirstAssistantAtrorneyGeneral
MART RRLLER ExecutiveAssistantAttorneyGeneral JUDGE ZOLLIE STEAKLFX SpecialAssistantAttorneyGeneral
RICK GILPIN Chairman.Opinion Committee Preparedby Tom G. Davis AssistantAttorneyGeneral

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