Texas 2017 - 85th Regular

Texas House Bill HB1744 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R24759 KFF-D
2	2		By: Murr H.B. No. 1744
3		-	Substitute the following for H.B. No. 1744:
4		-	By: Murr C.S.H.B. No. 1744
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the payment of certain costs associated with certain
10	8		assignments of a statutory probate court judge.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter B, Chapter 352, Estates Code, is
13	11		amended by adding Section 352.054 to read as follows:
14	12		Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED
15	13		JUDGE. If a party to a probate proceeding files a motion for the
16	14		assignment of a statutory probate court judge to hear a contested
17	15		matter in the proceeding under Section 32.003 and the motion is
18	16		granted, the court may, on the court's own motion or on the motion
19	17		of the party who filed the motion for the assignment, order that a
20	18		county be reimbursed out of the estate for any amounts the county
21	19		paid as compensation and expenses under Sections 25.0022(o) and
22	20		(p), Government Code.
23	21		SECTION 2. Section 25.0022, Government Code, is amended by
24	22		amending Subsections (m), (o), and (p) and adding Subsection (o-1)
25	23		to read as follows:
26	24		(m) The presiding judge shall certify to the county judge in
27	25		the county in which the assigned judge served:
28	26		(1) the expenses approved under Subsection (l); [and]
29	27		(2) a determination of the assigned judge's salary;
30	28		and
31	29		(3) if applicable, a determination of the amounts to
32	30		be apportioned to a party or between two or more parties to a
33	31		probate proceeding as prescribed under Subsection (o-1), together
34	32		with the contact information of the party or parties.
35	33		(o) The county in which the assigned judge served shall:
36	34		(1) pay out of the general fund of the county:
37	35		(A) [(1)] expenses certified under Subsection
38	36		(m) to the assigned judge; and
39	37		(B) [(2)] the salary certified under Subsection
40	38		(m) to the county in which the assigned judge serves, or, if the
41	39		assigned judge is a former or retired judge, to the assigned judge;
42	40		and
43	41		(2) if applicable, seek reimbursement from one or more
44	42		parties to a probate proceeding of the amounts apportioned to a
45	43		party or between the parties as prescribed under Subsection (o-1).
46	44		(o-1) If a party to a probate proceeding files a motion for
47	45		the assignment of a statutory probate court judge to hear a
48	46		contested matter in the proceeding under Section 32.003, Estates
49	47		Code, and the motion is granted, the assigned statutory probate
50	48		court judge may, in accordance with Section 352.054, Estates Code,
51	49		order that the county be reimbursed as an expense from the estate
52	50		for any amounts the county paid as compensation and expenses under
53	51		Subsections (o) and (p). If the statutory probate court judge does
54	52		not order the reimbursement of the county from the estate under this
55	53		subsection:
56	54		(1) subject to Subdivision (2), the party who
57	55		requested the assignment shall reimburse the county for the amounts
58	56		paid by the county as compensation and expenses under Subsections
59	57		(o) and (p); and
60	58		(2) if more than one party to a proceeding filed the
61	59		motion for the assignment of the statutory probate court judge, the
62	60		statutory probate court judge shall:
63	61		(A) prescribe the amounts or manner by which the
64	62		judge's compensation and expenses are to be equitably apportioned
65	63		between those parties for purposes of reimbursement under this
66	64		section; and
67	65		(B) provide the amounts or manner of
68	66		apportionment to the presiding judge.
69	67		(p) In addition to all compensation and expenses authorized
70	68		by this section and other law, a judge who is assigned to a court
71	69		outside the county of the judge's residence is entitled to receive
72	70		$25 for each day or fraction of a day served. Subject to Subsection
73	71		(o-1), the [The] county in which the judge served shall pay the
74	72		additional compensation from the county's general fund on
75	73		certification by the presiding judge.
76	74		SECTION 3. Section 25.0022, Government Code, as amended by
77	75		this Act, applies only to a motion for the assignment of a statutory
78	76		probate court judge under Section 32.003, Estates Code, that is
79	77		filed on or after the effective date of this Act. A motion filed
80	78		before the effective date of this Act is governed by the law in
81	79		effect on the date the motion was filed, and the former law is
82	80		continued in effect for that purpose.
83	81		SECTION 4. This Act takes effect September 1, 2017.