Honorable Travis S. Ware 

Criminal District Attorney 

P. 0. Box 10536 

Lubbock, Texas 79408 

Opinion No. 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 under Title 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 Bill No. 1321. Acts 1985. 69th Leg., 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 Senate Bill No. 1321 reads: 

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 authorized by this Act 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.s provided by Subsection (d) of 

this section, the master shall be appoinred by the 

judge and serves at the will of the judge. 

(b) If the court exercises jurisdiction in 

more than one county, the master may serve only in 

a county in which the commissioners court has 

authorized the master'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 commissioners court may authorize 

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Honorable Travis S. Ware - Page 2 (m-692) 

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 terminated by a majority vote of all the judges 

for whom the waster 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 

statute repealed by the same legislature.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, enacted by Acts 1985, 69th 

Legislature, effective September 1, 1985, is a unit of the statutory 

revision program authorized by article 5429b-1, V.T.C.S. 

The Government Code, section 311.031, Savings Provision. provides 

in pertinent part: 

(c) The repeal of a statute by 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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Honorable Travis S. Ware - Page 3 (JM-692) 

JACK HIGRTOWER 

First Assistant Atrorney General 

MART RRLLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLFX 

Special Assistant Attorney General 

RICK GILPIN 

Chairman. Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

p. 3208