Texas 2019 - 86th Regular

Texas House Bill HB2803 Compare Versions

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1	1	86R7783 SRS-F
2	2	By: Murr H.B. No. 2803
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to associate judges for guardianship proceedings and
8	8	protective services proceedings in certain courts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 54A, Government Code, is amended by
11	11	adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. ASSOCIATE JUDGE FOR GUARDIANSHIP PROCEEDINGS AND
13	13	PROTECTIVE SERVICES PROCEEDINGS IN CERTAIN COURTS
14	14	Sec. 54A.301. DEFINITIONS. In this subchapter:
15	15	(1) "Guardianship proceeding" has the meaning
16	16	assigned by Section 1002.015, Estates Code.
17	17	(2) "Office of court administration" means the Office
18	18	of Court Administration of the Texas Judicial System.
19	19	(3) "Protective services proceeding" means a
20	20	proceeding commenced under Chapter 48, Human Resources Code.
21	21	(4) "Ward" has the meaning assigned by Section
22	22	1002.030, Estates Code.
23	23	Sec. 54A.302. APPLICABILITY. This subchapter applies only
24	24	with respect to:
25	25	(1) a county court with jurisdiction over guardianship
26	26	proceedings or protective services proceedings; and
27	27	(2) a statutory county court with jurisdiction over:
28	28	(A) guardianship proceedings, other than a court
29	29	created by statute and designated as a statutory probate court
30	30	under Chapter 25; or
31	31	(B) protective services proceedings.
32	32	Sec. 54A.303. APPLICABILITY OF OTHER LAW; CONSTRUCTION OF
33	33	SUBCHAPTER. (a) Subchapter C applies to an associate judge
34	34	appointed under this subchapter except to the extent of a conflict
35	35	with this subchapter.
36	36	(b) Nothing in this subchapter limits the authority of a
37	37	court to which this subchapter applies to issue an order under Title
38	38	3, Estates Code, or Chapter 48, Human Resources Code.
39	39	Sec. 54A.304. APPOINTMENT. (a) The presiding judge of each
40	40	administrative judicial region, after conferring with the judges of
41	41	courts to which this subchapter applies in the region, shall
42	42	determine whether those courts require the appointment of a
43	43	full-time or part-time associate judge to assist the courts in
44	44	conducting:
45	45	(1) guardianship proceedings, including with
46	46	conducting annual reviews of guardianships; or
47	47	(2) protective services proceedings.
48	48	(b) If the presiding judge of an administrative judicial
49	49	region determines under Subsection (a) that the courts described by
50	50	that subsection require the appointment of an associate judge, the
51	51	presiding judge shall appoint an associate judge from a list of
52	52	applicants who submitted an application to the office of court
53	53	administration and meet the qualifications prescribed by Section
54	54	54A.305. Before making the appointment, the presiding judge must
55	55	provide the list to each judge of a court from which guardianship
56	56	proceedings or protective services proceedings will be referred to
57	57	the associate judge. Each of those judges and the presiding judge
58	58	of the statutory probate courts may recommend to the presiding
59	59	judge of the administrative judicial region who will make the
60	60	appointment one or more of the listed applicants for appointment.
61	61	(c) Before reappointing an associate judge appointed under
62	62	Subsection (b), a presiding judge of an administrative judicial
63	63	region must notify each judge of a court from which guardianship
64	64	proceedings or protective services proceedings will be referred to
65	65	the associate judge of the presiding judge's intent to reappoint
66	66	the associate judge for another term. Each of those judges and the
67	67	presiding judge of the statutory probate courts may submit to the
68	68	presiding judge of the administrative judicial region who intends
69	69	to make the reappointment a recommendation on whether the associate
70	70	judge should be reappointed.
71	71	(d) An associate judge appointed under this subchapter is
72	72	appointed to serve the courts to which this subchapter applies in
73	73	the administrative judicial region the appointing presiding judge
74	74	serves that are specified by that presiding judge. Two or more
75	75	presiding judges of administrative judicial regions may jointly
76	76	appoint one or more associate judges under this subchapter to serve
77	77	specified courts to which this subchapter applies in the presiding
78	78	judges' regions.
79	79	Sec. 54A.305. QUALIFICATIONS. (a) To be eligible for
80	80	appointment as an associate judge under this subchapter, a person
81	81	must:
82	82	(1) be a citizen of the United States;
83	83	(2) be a resident of this state for the two years
84	84	preceding the date of appointment; and
85	85	(3) be:
86	86	(A) eligible for assignment under Section 74.054
87	87	because the person is named on the list of retired and former judges
88	88	maintained by the presiding judge of the administrative judicial
89	89	region under Section 74.055;
90	90	(B) eligible for assignment under Section
91	91	25.0022 by the presiding judge of the statutory probate courts; or
92	92	(C) licensed to practice law in this state and
93	93	have at least four years of experience in guardianship proceedings
94	94	or protective services proceedings before the date of appointment
95	95	as a practicing attorney in this state or a judge of a court in this
96	96	state.
97	97	(b) An associate judge appointed under this subchapter to
98	98	serve in one administrative judicial region shall, during the term
99	99	of appointment, reside in that region or in a county adjacent to
100	100	that region. An associate judge appointed to serve in two or more
101	101	administrative judicial regions may reside anywhere in the regions.
102	102	Sec. 54A.306. TERM OF APPOINTMENT; TERMINATION. (a) An
103	103	associate judge appointed under this subchapter serves for a term
104	104	of four years from the date the associate judge is appointed and
105	105	qualifies for office.
106	106	(b) The appointment of an associate judge for a term does
107	107	not affect the at-will employment status of the associate judge. An
108	108	appointing presiding judge of an administrative judicial region or
109	109	the successor presiding judge of the region may terminate the
110	110	associate judge's appointment at any time.
111	111	Sec. 54A.307. COMPENSATION OF ASSOCIATE JUDGE. (a) An
112	112	associate judge appointed under this subchapter is entitled to a
113	113	salary that is 90 percent of the salary paid to a district judge as
114	114	set by the General Appropriations Act.
115	115	(b) The associate judge's salary shall be paid from:
116	116	(1) money available from the state and federal
117	117	governments as provided by this subchapter;
118	118	(2) county money available for payment of officers'
119	119	salaries, subject to the approval of the commissioners courts of
120	120	the counties in which the associate judge serves; or
121	121	(3) a combination of money specified by Subdivisions
122	122	(1) and (2).
123	123	Sec. 54A.308. DESIGNATION AND RESPONSIBILITIES OF HOST
124	124	COUNTY. (a) Subject to the approval of the commissioners court of
125	125	the proposed host county:
126	126	(1) the appointing presiding judge of the
127	127	administrative judicial region shall determine the host county of
128	128	an associate judge appointed under this subchapter to serve in one
129	129	administrative judicial region; and
130	130	(2) the appointing presiding judges of the
131	131	administrative judicial regions shall by majority vote determine
132	132	the host county of an associate judge appointed under this
133	133	subchapter to serve in more than one administrative judicial
134	134	region.
135	135	(b) The host county shall provide an adequate courtroom and
136	136	quarters, including furniture, necessary utilities, and telephone
137	137	equipment and service, for the associate judge and other personnel
138	138	assisting the associate judge.
139	139	(c) Except as provided by Section 54A.305(b), an associate
140	140	judge is not required to reside in the host county.
141	141	Sec. 54A.309. METHODS OF REFERRAL. Guardianship
142	142	proceedings or protective services proceedings shall be referred to
143	143	an associate judge appointed under this subchapter by:
144	144	(1) a general order issued by the judge of each court
145	145	the associate judge is appointed to serve; or
146	146	(2) in the absence of an order described by
147	147	Subdivision (1), a general order issued by the presiding judge or
148	148	judges of the administrative judicial region or regions who
149	149	appointed the associate judge.
150	150	Sec. 54A.310. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
151	151	the motion of a party or the associate judge, an associate judge may
152	152	refer a complex guardianship proceeding back to the referring court
153	153	for final disposition after recommending temporary orders for the
154	154	protection of a ward.
155	155	(b) An associate judge may:
156	156	(1) render and sign any pretrial order; and
157	157	(2) recommend to the referring court any order after a
158	158	trial on the merits.
159	159	Sec. 54A.311. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
160	160	ORDER OR JUDGMENT. If a request for a de novo hearing before the
161	161	referring court is not timely filed or the right to a de novo
162	162	hearing before the referring court is waived, the proposed order or
163	163	judgment of the associate judge for the guardianship proceeding or
164	164	protective services proceeding becomes the order or judgment of the
165	165	referring court by operation of law without ratification by the
166	166	referring court.
167	167	Sec. 54A.312. PERSONNEL. (a) The appointing presiding
168	168	judge of an administrative judicial region or appointing presiding
169	169	judges of the administrative judicial regions, by majority vote, as
170	170	applicable, may appoint personnel as needed to assist an associate
171	171	judge in implementing and administering the provisions of this
172	172	subchapter.
173	173	(b) The salaries of the personnel shall be paid from:
174	174	(1) money available from the state and federal
175	175	governments as provided by this subchapter;
176	176	(2) county money available for payment of officers'
177	177	salaries, subject to the approval of the commissioners courts of
178	178	the counties in which the associate judge serves; or
179	179	(3) a combination of money specified by Subdivisions
180	180	(1) and (2).
181	181	Sec. 54A.313. SUPERVISION, TRAINING, AND EVALUATION OF
182	182	ASSOCIATE JUDGES. (a) The office of court administration shall
183	183	assist the presiding judges of the administrative judicial regions
184	184	in:
185	185	(1) monitoring associate judges' compliance with job
186	186	performance standards, uniform practices adopted by the presiding
187	187	judges, and federal and state laws and policies;
188	188	(2) addressing the training needs and resource
189	189	requirements of associate judges;
190	190	(3) conducting annual performance evaluations for
191	191	associate judges and other personnel appointed under this
192	192	subchapter based on written personnel performance standards
193	193	adopted by the presiding judges and performance information
194	194	solicited from the referring courts and other relevant persons; and
195	195	(4) receiving, investigating, and resolving
196	196	complaints about particular associate judges or the associate judge
197	197	program under this subchapter based on a uniform process adopted by
198	198	the presiding judges.
199	199	(b) The office of court administration shall develop
200	200	procedures and a written evaluation form to be used by the presiding
201	201	judges in conducting the annual performance evaluations under
202	202	Subsection (a)(3).
203	203	(c) The office of court administration shall develop
204	204	caseload standards for associate judges to ensure adequate
205	205	staffing.
206	206	(d) Each judge of a court that refers guardianship
207	207	proceedings or protective services proceedings to an associate
208	208	judge under this subchapter may submit to the appropriate presiding
209	209	judges or the office of court administration information on the
210	210	associate judge's performance during the preceding year based on a
211	211	uniform process adopted by the presiding judges.
212	212	Sec. 54A.314. STATE AND FEDERAL MONEY; OTHER PERSONNEL.
213	213	(a) The office of court administration may:
214	214	(1) contract for available county, state, and federal
215	215	money from any available source; and
216	216	(2) employ personnel, including investigators,
217	217	auditors, court coordinators, and other judicial staff, necessary
218	218	to implement and administer this subchapter.
219	219	(b) Personnel appointed under this section are state
220	220	employees for all purposes, including accrual of leave time,
221	221	insurance benefits, retirement benefits, and travel regulations.
222	222	(c) The presiding judges of the administrative judicial
223	223	regions, state agencies, and counties may contract for federal
224	224	money available from any source to reimburse costs and salaries
225	225	associated with associate judges and personnel appointed under this
226	226	section and may also use available state money and public or private
227	227	grants.
228	228	(d) The presiding judges of the administrative judicial
229	229	regions and the office of court administration in cooperation with
230	230	other agencies shall take action necessary to maximize the amount
231	231	of federal money available to fund the use of associate judges under
232	232	this subchapter.
233	233	Sec. 54A.315. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
234	234	VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
235	235	authority of a presiding judge of an administrative judicial region
236	236	to assign a judge eligible for assignment under Chapter 74 to assist
237	237	in processing guardianship proceedings or protective services
238	238	proceedings in a reasonable time.
239	239	(b) If an associate judge appointed under this subchapter is
240	240	temporarily unable to perform the associate judge's official duties
241	241	because of absence resulting from family circumstances, illness,
242	242	injury, disability, or military service, or if a vacancy occurs in
243	243	the position of associate judge, the presiding judge of the
244	244	administrative judicial region, or the presiding judges of the
245	245	administrative judicial regions by majority vote, as applicable, in
246	246	which the associate judge serves or the vacancy occurs may appoint a
247	247	visiting associate judge to perform the duties of the associate
248	248	judge during the period the associate judge is unable to perform the
249	249	associate judge's duties or until another associate judge is
250	250	appointed to fill the vacancy.
251	251	(c) A person is not eligible for appointment under this
252	252	section unless the person has served as an associate judge under
253	253	this subchapter, a district judge, a statutory county court judge,
254	254	or a statutory probate judge for at least two years before the date
255	255	of appointment.
256	256	(d) A visiting associate judge appointed under this
257	257	section:
258	258	(1) is subject to each provision of this subchapter
259	259	that applies to an associate judge serving under a regular
260	260	appointment under this subchapter;
261	261	(2) is entitled to compensation, to be determined by a
262	262	majority vote of the presiding judges of the administrative
263	263	judicial regions, through use of money available under this
264	264	subchapter; and
265	265	(3) is not considered a state employee for any
266	266	purpose.
267	267	(e) Section 2252.901 does not apply to the appointment of a
268	268	visiting associate judge under this section.
269	269	Sec. 54A.316. LIMITATION ON LAW PRACTICE. An associate
270	270	judge appointed under this subchapter may not engage in the private
271	271	practice of law.
272	272	Sec. 54A.317. IMMUNITY. An associate judge appointed under
273	273	this subchapter has the judicial immunity of a district judge. All
274	274	existing immunity granted an associate judge by law, express or
275	275	implied, continues in full force and effect.
276	276	SECTION 2. This Act takes effect September 1, 2019.