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Texas Statutes (Last Updated: January 4, 2014) |
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ALCOHOLIC BEVERAGE CODE |
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Title 3. LICENSES AND PERMITS |
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Subtitle B. LICENSES |
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Chapter 61. PROVISIONS GENERALLY APPLICABLE TO LICENSES |
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Subchapter B. APPLICATION AND ISSUANCE OF LICENSES |
Sec. 61.311. MASTERS IN CERTAIN COUNTIES
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(a) The county judge of a county with a population of 1.3 million or more may appoint a master to hear an application under this chapter.
(b) A master must be a citizen of this state and must be well informed in the law of this state.
(c) A master is entitled to a salary set by the county judge and approved by the commissioners court of the county in which the master serves.
(d) An order referring a case to a master may:
(1) specify or limit the powers of the master and direct the master to report only on particular issues, do particular acts, or receive and report only on evidence;
(2) set the time and place for beginning and closing a hearing; and
(3) set a date for filing a report.
(e) Except as limited or specified by an order referring a case, a master may:
(1) swear witnesses for hearings;
(2) examine witnesses;
(3) hear evidence;
(4) rule on admissibility of evidence;
(5) make findings of fact on evidence;
(6) recommend an order to be entered by the referring judge; and
(7) do any other act necessary and proper for the efficient performance of the master's duties under the order.
(f) At the conclusion of a hearing, a master shall transmit to the referring judge any papers relating to the case, including the master's findings.
(g) A referring judge may adopt, modify, correct, reject, reverse, or recommit for further information a master's report.
(h) An applicant is entitled to a hearing before the judge, and the master shall give each applicant written notice of that right and a copy of the master's findings. A request for a hearing before the judge must be filed with the judge not later than the third day after the date notice of the master's findings is received by the applicant. The right to a hearing before the judge may be waived.
(i) A master may be an employee of the alcoholic beverage commission designated by the administrator. The commission is entitled to receive reimbursement for its expenses in connection with furnishing a master under this subsection. If the commission and the commissioners court of the county in which the master serves do not have a contract providing for reimbursement of expenses, the county judge may not appoint a master to hear an application under this subsection.