Texas 2019 - 86th Regular

Texas Senate Bill SB536 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 536
	1	+	By: Zaffirini S.B. No. 536
	2	+	(Murr)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to associate judges for guardianship proceedings and
6	8		protective services proceedings in certain courts.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Chapter 54A, Government Code, is amended by
9	11		adding Subchapter D to read as follows:
10	12		SUBCHAPTER D. ASSOCIATE JUDGE FOR GUARDIANSHIP PROCEEDINGS AND
11	13		PROTECTIVE SERVICES PROCEEDINGS IN CERTAIN COURTS
12	14		Sec. 54A.301. DEFINITIONS. In this subchapter:
13	15		(1) "Guardianship proceeding" has the meaning
14	16		assigned by Section 1002.015, Estates Code.
15	17		(2) "Office of court administration" means the Office
16	18		of Court Administration of the Texas Judicial System.
17	19		(3) "Protective services proceeding" means a
18	20		proceeding commenced under Chapter 48, Human Resources Code.
19	21		(4) "Ward" has the meaning assigned by Section
20	22		1002.030, Estates Code.
21	23		Sec. 54A.302. APPLICABILITY. This subchapter applies only
22	24		with respect to:
23	25		(1) a county court with jurisdiction over guardianship
24	26		proceedings or protective services proceedings; and
25	27		(2) a statutory county court with jurisdiction over:
26	28		(A) guardianship proceedings, other than a court
27	29		created by statute and designated as a statutory probate court
28	30		under Chapter 25; or
29	31		(B) protective services proceedings.
30	32		Sec. 54A.303. APPLICABILITY OF OTHER LAW; CONSTRUCTION OF
31	33		SUBCHAPTER. (a) Subchapter C applies to an associate judge
32	34		appointed under this subchapter except to the extent of a conflict
33	35		with this subchapter.
34	36		(b) Nothing in this subchapter limits the authority of a
35	37		court to which this subchapter applies to issue an order under Title
36	38		3, Estates Code, or Chapter 48, Human Resources Code.
37	39		Sec. 54A.304. APPOINTMENT. (a) The presiding judge of
38	40		each administrative judicial region, after conferring with the
39	41		judges of courts to which this subchapter applies in the region,
40	42		shall determine whether those courts require the appointment of a
41	43		full-time or part-time associate judge to assist the courts in
42	44		conducting:
43	45		(1) guardianship proceedings, including with
44	46		conducting annual reviews of guardianships; or
45	47		(2) protective services proceedings.
46	48		(b) If the presiding judge of an administrative judicial
47	49		region determines under Subsection (a) that the courts described by
48	50		that subsection require the appointment of an associate judge, the
49	51		presiding judge shall appoint an associate judge from a list of
50	52		applicants who submitted an application to the office of court
51	53		administration and meet the qualifications prescribed by Section
52	54		54A.305. Before making the appointment, the presiding judge must
53	55		provide the list to each judge of a court from which guardianship
54	56		proceedings or protective services proceedings will be referred to
55	57		the associate judge. Each of those judges and the presiding judge
56	58		of the statutory probate courts may recommend to the presiding
57	59		judge of the administrative judicial region who will make the
58	60		appointment one or more of the listed applicants for appointment.
59	61		(c) Before reappointing an associate judge appointed under
60	62		Subsection (b), a presiding judge of an administrative judicial
61	63		region must notify each judge of a court from which guardianship
62	64		proceedings or protective services proceedings will be referred to
63	65		the associate judge of the presiding judge's intent to reappoint
64	66		the associate judge for another term. Each of those judges and the
65	67		presiding judge of the statutory probate courts may submit to the
66	68		presiding judge of the administrative judicial region who intends
67	69		to make the reappointment a recommendation on whether the associate
68	70		judge should be reappointed.
69	71		(d) An associate judge appointed under this subchapter is
70	72		appointed to serve the courts to which this subchapter applies in
71	73		the administrative judicial region the appointing presiding judge
72	74		serves that are specified by that presiding judge. Two or more
73	75		presiding judges of administrative judicial regions may jointly
74	76		appoint one or more associate judges under this subchapter to serve
75	77		specified courts to which this subchapter applies in the presiding
76	78		judges' regions.
77	79		Sec. 54A.305. QUALIFICATIONS. (a) To be eligible for
78	80		appointment as an associate judge under this subchapter, a person
79	81		must:
80	82		(1) be a citizen of the United States;
81	83		(2) be a resident of this state for the two years
82	84		preceding the date of appointment; and
83	85		(3) be:
84	86		(A) eligible for assignment under Section 74.054
85	87		because the person is named on the list of retired and former judges
86	88		maintained by the presiding judge of the administrative judicial
87	89		region under Section 74.055;
88	90		(B) eligible for assignment under Section
89	91		25.0022 by the presiding judge of the statutory probate courts; or
90	92		(C) licensed to practice law in this state and
91	93		have at least four years of experience in guardianship proceedings
92	94		or protective services proceedings before the date of appointment
93	95		as a practicing attorney in this state or a judge of a court in this
94	96		state.
95	97		(b) An associate judge appointed under this subchapter to
96	98		serve in one administrative judicial region shall, during the term
97	99		of appointment, reside in that region or in a county adjacent to
98	100		that region. An associate judge appointed to serve in two or more
99	101		administrative judicial regions may reside anywhere in the regions.
100	102		Sec. 54A.306. TERM OF APPOINTMENT; TERMINATION. (a) An
101	103		associate judge appointed under this subchapter serves for a term
102	104		of four years from the date the associate judge is appointed and
103	105		qualifies for office.
104	106		(b) The appointment of an associate judge for a term does
105	107		not affect the at-will employment status of the associate judge. An
106	108		appointing presiding judge of an administrative judicial region or
107	109		the successor presiding judge of the region may terminate the
108	110		associate judge's appointment at any time.
109	111		Sec. 54A.307. COMPENSATION OF ASSOCIATE JUDGE. (a) An
110	112		associate judge appointed under this subchapter is entitled to a
111	113		salary that is 90 percent of the salary paid to a district judge as
112	114		set by the General Appropriations Act.
113	115		(b) The associate judge's salary shall be paid from:
114	116		(1) money available from the state and federal
115	117		governments as provided by this subchapter;
116	118		(2) county money available for payment of officers'
117	119		salaries, subject to the approval of the commissioners courts of
118	120		the counties in which the associate judge serves; or
119	121		(3) a combination of money specified by Subdivisions
120	122		(1) and (2).
121	123		Sec. 54A.308. DESIGNATION AND RESPONSIBILITIES OF HOST
122	124		COUNTY. (a) Subject to the approval of the commissioners court of
123	125		the proposed host county:
124	126		(1) the appointing presiding judge of the
125	127		administrative judicial region shall determine the host county of
126	128		an associate judge appointed under this subchapter to serve in one
127	129		administrative judicial region; and
128	130		(2) the appointing presiding judges of the
129	131		administrative judicial regions shall by majority vote determine
130	132		the host county of an associate judge appointed under this
131	133		subchapter to serve in more than one administrative judicial
132	134		region.
133	135		(b) The host county shall provide an adequate courtroom and
134	136		quarters, including furniture, necessary utilities, and telephone
135	137		equipment and service, for the associate judge and other personnel
136	138		assisting the associate judge.
137	139		(c) Except as provided by Section 54A.305(b), an associate
138	140		judge is not required to reside in the host county.
139	141		Sec. 54A.309. METHODS OF REFERRAL. Guardianship
140	142		proceedings or protective services proceedings shall be referred to
141	143		an associate judge appointed under this subchapter by:
142	144		(1) a general order issued by the judge of each court
143	145		the associate judge is appointed to serve; or
144	146		(2) in the absence of an order described by
145	147		Subdivision (1), a general order issued by the presiding judge or
146	148		judges of the administrative judicial region or regions who
147	149		appointed the associate judge.
148	150		Sec. 54A.310. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
149	151		the motion of a party or the associate judge, an associate judge may
150	152		refer a complex guardianship proceeding back to the referring court
151	153		for final disposition after recommending temporary orders for the
152	154		protection of a ward.
153	155		(b) An associate judge may:
154	156		(1) render and sign any pretrial order; and
155	157		(2) recommend to the referring court any order after a
156	158		trial on the merits.
157	159		Sec. 54A.311. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
158	160		ORDER OR JUDGMENT. If a request for a de novo hearing before the
159	161		referring court is not timely filed or the right to a de novo
160	162		hearing before the referring court is waived, the proposed order or
161	163		judgment of the associate judge for the guardianship proceeding or
162	164		protective services proceeding becomes the order or judgment of the
163	165		referring court by operation of law without ratification by the
164	166		referring court.
165	167		Sec. 54A.312. PERSONNEL. (a) The appointing presiding
166	168		judge of an administrative judicial region or appointing presiding
167	169		judges of the administrative judicial regions, by majority vote, as
168	170		applicable, may appoint personnel as needed to assist an associate
169	171		judge in implementing and administering the provisions of this
170	172		subchapter.
171	173		(b) The salaries of the personnel shall be paid from:
172	174		(1) money available from the state and federal
173	175		governments as provided by this subchapter;
174	176		(2) county money available for payment of officers'
175	177		salaries, subject to the approval of the commissioners courts of
176	178		the counties in which the associate judge serves; or
177	179		(3) a combination of money specified by Subdivisions
178	180		(1) and (2).
179	181		Sec. 54A.313. SUPERVISION, TRAINING, AND EVALUATION OF
180	182		ASSOCIATE JUDGES. (a) The office of court administration shall
181	183		assist the presiding judges of the administrative judicial regions
182	184		in:
183	185		(1) monitoring associate judges' compliance with job
184	186		performance standards, uniform practices adopted by the presiding
185	187		judges, and federal and state laws and policies;
186	188		(2) addressing the training needs and resource
187	189		requirements of associate judges;
188	190		(3) conducting annual performance evaluations for
189	191		associate judges and other personnel appointed under this
190	192		subchapter based on written personnel performance standards
191	193		adopted by the presiding judges and performance information
192	194		solicited from the referring courts and other relevant persons; and
193	195		(4) receiving, investigating, and resolving
194	196		complaints about particular associate judges or the associate judge
195	197		program under this subchapter based on a uniform process adopted by
196	198		the presiding judges.
197	199		(b) The office of court administration shall develop
198	200		procedures and a written evaluation form to be used by the presiding
199	201		judges in conducting the annual performance evaluations under
200	202		Subsection (a)(3).
201	203		(c) The office of court administration shall develop
202	204		caseload standards for associate judges to ensure adequate
203	205		staffing.
204	206		(d) Each judge of a court that refers guardianship
205	207		proceedings or protective services proceedings to an associate
206	208		judge under this subchapter may submit to the appropriate presiding
207	209		judges or the office of court administration information on the
208	210		associate judge's performance during the preceding year based on a
209	211		uniform process adopted by the presiding judges.
210	212		Sec. 54A.314. STATE AND FEDERAL MONEY; OTHER PERSONNEL.
211	213		(a) The office of court administration may:
212	214		(1) contract for available county, state, and federal
213	215		money from any available source; and
214	216		(2) employ personnel, including investigators,
215	217		auditors, court coordinators, and other judicial staff, necessary
216	218		to implement and administer this subchapter.
217	219		(b) Personnel appointed under this section are state
218	220		employees for all purposes, including accrual of leave time,
219	221		insurance benefits, retirement benefits, and travel regulations.
220	222		(c) The presiding judges of the administrative judicial
221	223		regions, state agencies, and counties may contract for federal
222	224		money available from any source to reimburse costs and salaries
223	225		associated with associate judges and personnel appointed under this
224	226		section and may also use available state money and public or private
225	227		grants.
226	228		(d) The presiding judges of the administrative judicial
227	229		regions and the office of court administration in cooperation with
228	230		other agencies shall take action necessary to maximize the amount
229	231		of federal money available to fund the use of associate judges under
230	232		this subchapter.
231	233		Sec. 54A.315. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
232	234		VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
233	235		authority of a presiding judge of an administrative judicial region
234	236		to assign a judge eligible for assignment under Chapter 74 to assist
235	237		in processing guardianship proceedings or protective services
236	238		proceedings in a reasonable time.
237	239		(b) If an associate judge appointed under this subchapter is
238	240		temporarily unable to perform the associate judge's official duties
239	241		because of absence resulting from family circumstances, illness,
240	242		injury, disability, or military service, or if a vacancy occurs in
241	243		the position of associate judge, the presiding judge of the
242	244		administrative judicial region, or the presiding judges of the
243	245		administrative judicial regions by majority vote, as applicable, in
244	246		which the associate judge serves or the vacancy occurs may appoint a
245	247		visiting associate judge to perform the duties of the associate
246	248		judge during the period the associate judge is unable to perform the
247	249		associate judge's duties or until another associate judge is
248	250		appointed to fill the vacancy.
249	251		(c) A person is not eligible for appointment under this
250	252		section unless the person has served as an associate judge under
251	253		this subchapter, a district judge, a statutory county court judge,
252	254		or a statutory probate judge for at least two years before the date
253	255		of appointment.
254	256		(d) A visiting associate judge appointed under this
255	257		section:
256	258		(1) is subject to each provision of this subchapter
257	259		that applies to an associate judge serving under a regular
258	260		appointment under this subchapter;
259	261		(2) is entitled to compensation, to be determined by a
260	262		majority vote of the presiding judges of the administrative
261	263		judicial regions, through use of money available under this
262	264		subchapter; and
263	265		(3) is not considered a state employee for any
264	266		purpose.
265	267		(e) Section 2252.901 does not apply to the appointment of a
266	268		visiting associate judge under this section.
267	269		Sec. 54A.316. LIMITATION ON LAW PRACTICE. An associate
268	270		judge appointed under this subchapter may not engage in the private
269	271		practice of law.
270	272		Sec. 54A.317. IMMUNITY. An associate judge appointed under
271	273		this subchapter has the judicial immunity of a district judge. All
272	274		existing immunity granted an associate judge by law, express or
273	275		implied, continues in full force and effect.
274	276		SECTION 2. This Act takes effect September 1, 2019.
275		-	______________________________ ______________________________
276		-	President of the Senate Speaker of the House
277		-	I hereby certify that S.B. No. 536 passed the Senate on
278		-	April 23, 2019, by the following vote: Yeas 29, Nays 2.
279		-	______________________________
280		-	Secretary of the Senate
281		-	I hereby certify that S.B. No. 536 passed the House on
282		-	May 16, 2019, by the following vote: Yeas 140, Nays 1, two
283		-	present not voting.
284		-	______________________________
285		-	Chief Clerk of the House
286		-	Approved:
287		-	______________________________
288		-	Date
289		-	______________________________
290		-	Governor