85R24759 KFF-D
By: Murr H.B. No. 1744
Substitute the following for H.B. No. 1744:
By: Murr C.S.H.B. No. 1744
A BILL TO BE ENTITLED
AN ACT
relating to the payment of certain costs associated with certain
assignments of a statutory probate court judge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 352, Estates Code, is
amended by adding Section 352.054 to read as follows:
Sec. 352.054. REIMBURSEMENT FOR CERTAIN COSTS FOR ASSIGNED
JUDGE. If a party to a probate proceeding files a motion for the
assignment of a statutory probate court judge to hear a contested
matter in the proceeding under Section 32.003 and the motion is
granted, the court may, on the court's own motion or on the motion
of the party who filed the motion for the assignment, order that a
county be reimbursed out of the estate for any amounts the county
paid as compensation and expenses under Sections 25.0022(o) and
(p), Government Code.
SECTION 2. Section 25.0022, Government Code, is amended by
amending Subsections (m), (o), and (p) and adding Subsection (o-1)
to read as follows:
(m) The presiding judge shall certify to the county judge in
the county in which the assigned judge served:
(1) the expenses approved under Subsection (l); [and]
(2) a determination of the assigned judge's salary;
and
(3) if applicable, a determination of the amounts to
be apportioned to a party or between two or more parties to a
probate proceeding as prescribed under Subsection (o-1), together
with the contact information of the party or parties.
(o) The county in which the assigned judge served shall:
(1) pay out of the general fund of the county:
(A) [(1)] expenses certified under Subsection
(m) to the assigned judge; and
(B) [(2)] the salary certified under Subsection
(m) to the county in which the assigned judge serves, or, if the
assigned judge is a former or retired judge, to the assigned judge;
and
(2) if applicable, seek reimbursement from one or more
parties to a probate proceeding of the amounts apportioned to a
party or between the parties as prescribed under Subsection (o-1).
(o-1) If a party to a probate proceeding files a motion for
the assignment of a statutory probate court judge to hear a
contested matter in the proceeding under Section 32.003, Estates
Code, and the motion is granted, the assigned statutory probate
court judge may, in accordance with Section 352.054, Estates Code,
order that the county be reimbursed as an expense from the estate
for any amounts the county paid as compensation and expenses under
Subsections (o) and (p). If the statutory probate court judge does
not order the reimbursement of the county from the estate under this
subsection:
(1) subject to Subdivision (2), the party who
requested the assignment shall reimburse the county for the amounts
paid by the county as compensation and expenses under Subsections
(o) and (p); and
(2) if more than one party to a proceeding filed the
motion for the assignment of the statutory probate court judge, the
statutory probate court judge shall:
(A) prescribe the amounts or manner by which the
judge's compensation and expenses are to be equitably apportioned
between those parties for purposes of reimbursement under this
section; and
(B) provide the amounts or manner of
apportionment to the presiding judge.
(p) In addition to all compensation and expenses authorized
by this section and other law, a judge who is assigned to a court
outside the county of the judge's residence is entitled to receive
$25 for each day or fraction of a day served. Subject to Subsection
(o-1), the [The] county in which the judge served shall pay the
additional compensation from the county's general fund on
certification by the presiding judge.
SECTION 3. Section 25.0022, Government Code, as amended by
this Act, applies only to a motion for the assignment of a statutory
probate court judge under Section 32.003, Estates Code, that is
filed on or after the effective date of this Act. A motion filed
before the effective date of this Act is governed by the law in
effect on the date the motion was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.