Texas 2021 - 87th Regular

Texas House Bill HB79 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 79
	1	+	By: Murr (Senate Sponsor - Zaffirini) H.B. No. 79
	2	+	(In the Senate - Received from the House April 13, 2021;
	3	+	April 13, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 22, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 79 By: Huffman
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to associate judges for guardianship proceedings and
6	14		protective services proceedings in certain courts.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 54A, Government Code, is amended by
9	17		adding Subchapter D to read as follows:
10	18		SUBCHAPTER D. ASSOCIATE JUDGE FOR GUARDIANSHIP PROCEEDINGS AND
11	19		PROTECTIVE SERVICES PROCEEDINGS IN CERTAIN COURTS
12	20		Sec. 54A.301. DEFINITIONS. In this subchapter:
13	21		(1) "Guardianship proceeding" has the meaning
14	22		assigned by Section 1002.015, Estates Code.
15	23		(2) "Office of court administration" means the Office
16	24		of Court Administration of the Texas Judicial System.
17	25		(3) "Protective services proceeding" means a
18	26		proceeding commenced under Chapter 48, Human Resources Code.
19	27		(4) "Ward" has the meaning assigned by Section
20	28		1002.030, Estates Code.
21	29		Sec. 54A.302. APPLICABILITY. This subchapter applies only
22	30		with respect to:
23	31		(1) a county court with jurisdiction over guardianship
24	32		proceedings or protective services proceedings; and
25	33		(2) a statutory county court with jurisdiction over:
26	34		(A) guardianship proceedings, other than a court
27	35		created by statute and designated as a statutory probate court
28	36		under Chapter 25; or
29	37		(B) protective services proceedings.
30	38		Sec. 54A.303. APPLICABILITY OF OTHER LAW; CONSTRUCTION OF
31	39		SUBCHAPTER. (a) Subchapter C applies to an associate judge
32	40		appointed under this subchapter except to the extent of a conflict
33	41		with this subchapter.
34	42		(b) Nothing in this subchapter limits the authority of a
35	43		court to which this subchapter applies to issue an order under Title
36	44		3, Estates Code, or Chapter 48, Human Resources Code.
37	45		Sec. 54A.304. APPOINTMENT. (a) The presiding judge of each
38	46		administrative judicial region, after conferring with the judges of
39	47		courts to which this subchapter applies in the region, shall
40	48		determine whether those courts require the appointment of a
41	49		full-time or part-time associate judge to assist the courts with
42	50		conducting:
43	51		(1) guardianship proceedings, including with
44	52		conducting annual reviews of guardianships; or
45	53		(2) protective services proceedings.
46	54		(b) If the presiding judge of an administrative judicial
47	55		region determines the courts described by Subsection (a) require
48	56		the appointment of an associate judge, the presiding judge shall
49	57		appoint an associate judge from a list of applicants who submit an
50	58		application to the office of court administration and meet the
51	59		qualifications prescribed by Section 54A.305. Before making the
52	60		appointment, the presiding judge must provide the list to each
53	61		judge of a court from which guardianship proceedings or protective
54	62		services proceedings will be referred to the associate judge. Each
55	63		of those judges and the presiding judge of the statutory probate
56	64		courts may recommend to the presiding judge of the administrative
57	65		judicial region one or more of the listed applicants for
58	66		appointment.
59	67		(c) Before reappointing an associate judge appointed under
60	68		Subsection (b), a presiding judge of an administrative judicial
61	69		region must notify each judge of a court from which guardianship
62	70		proceedings or protective services proceedings will be referred to
63	71		the associate judge of the presiding judge's intent to reappoint
64	72		the associate judge for another term. Each of those judges and the
65	73		presiding judge of the statutory probate courts may submit to the
66	74		presiding judge of the administrative judicial region a
67	75		recommendation on whether the associate judge should be
68	76		reappointed.
69	77		(d) An associate judge appointed under this subchapter
70	78		serves the courts to which this subchapter applies in the
71	79		administrative judicial region that are specified by the appointing
72	80		presiding judge. Two or more presiding judges of administrative
73	81		judicial regions may jointly appoint one or more associate judges
74	82		under this subchapter to serve specified courts to which this
75	83		subchapter applies in the presiding judges' regions.
76	84		Sec. 54A.305. QUALIFICATIONS. (a) To be eligible for
77	85		appointment as an associate judge under this subchapter, a person
78	86		must:
79	87		(1) be a citizen of the United States;
80	88		(2) be a resident of this state for the two years
81	89		preceding the date of appointment; and
82	90		(3) be:
83	91		(A) eligible for assignment under Section 74.054
84	92		because the person is named on the list of retired and former judges
85	93		maintained by the presiding judge of the administrative judicial
86	94		region under Section 74.055;
87	95		(B) eligible for assignment under Section
88	96		25.0022 by the presiding judge of the statutory probate courts; or
89	97		(C) licensed to practice law in this state and
90	98		have at least four years of experience in guardianship proceedings
91	99		or protective services proceedings before the date of appointment
92	100		as a practicing attorney in this state or a judge of a court in this
93	101		state.
94	102		(b) An associate judge appointed under this subchapter to
95	103		serve in one administrative judicial region shall, during the term
96	104		of appointment, reside in that region or in a county adjacent to
97	105		that region. An associate judge appointed to serve in two or more
98	106		administrative judicial regions may reside anywhere in the regions.
99	107		Sec. 54A.306. TERM OF APPOINTMENT; TERMINATION. (a) An
100	108		associate judge appointed under this subchapter serves for a term
101	109		of four years from the date the associate judge is appointed and
102	110		qualifies for office.
103	111		(b) The appointment of an associate judge for a term does
104	112		not affect the at-will employment status of the associate judge. An
105	113		appointing presiding judge of an administrative judicial region or
106	114		the successor presiding judge of the region may terminate the
107	115		associate judge's appointment at any time.
108	116		Sec. 54A.307. COMPENSATION OF ASSOCIATE JUDGE. (a) An
109	117		associate judge appointed under this subchapter is entitled to a
110	118		salary in an amount equal to 90 percent of the salary paid to a
111	119		district judge as set by the General Appropriations Act.
112	120		(b) The associate judge's salary shall be paid from:
113	121		(1) money available from the federal government;
114	122		(2) county money available for payment of officers'
115	123		salaries, subject to the approval of the commissioners courts of
116	124		the counties in which the associate judge serves; or
117	125		(3) a combination of money specified by Subdivisions
118	126		(1) and (2).
119	127		Sec. 54A.308. DESIGNATION AND RESPONSIBILITIES OF HOST
120	128		COUNTY. (a) Subject to the approval of the commissioners court of
121	129		the proposed host county:
122	130		(1) the appointing presiding judge of the
123	131		administrative judicial region shall determine the host county of
124	132		an associate judge appointed to serve in one administrative
125	133		judicial region; and
126	134		(2) the appointing presiding judges of the
127	135		administrative judicial regions shall by majority vote determine
128	136		the host county of an associate judge appointed to serve in more
129	137		than one administrative judicial region.
130	138		(b) The host county shall provide an adequate courtroom and
131	139		quarters, including furniture, necessary utilities, and telephone
132	140		equipment and service, for the associate judge and other personnel
133	141		assisting the associate judge.
134	142		(c) Except as provided by Section 54A.305(b), an associate
135	143		judge is not required to reside in the host county.
136	144		Sec. 54A.309. METHODS OF REFERRAL. (a) Guardianship
137	145		proceedings or protective services proceedings shall be referred to
138	146		an associate judge appointed under this subchapter by a general
139	147		order issued by the judge of each court the associate judge is
140	148		appointed to serve.
141	149		(b) A general order issued under this section may be amended
142	150		or withdrawn at any time by the judge of the court issuing the
143	151		order.
144	152		(c) In lieu of a general order, the judge of a court the
145	153		associate judge is appointed to serve by order may refer a specific
146	154		guardianship proceeding or a specific protective services
147	155		proceeding to the associate judge.
148	156		Sec. 54A.310. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
149	157		the motion of a party or the associate judge, an associate judge may
150	158		return a complex guardianship proceeding to the referring court for
151	159		final disposition after recommending temporary orders for the
152	160		protection of a ward.
153	161		(b) An associate judge may:
154	162		(1) render and sign any pretrial order; and
155	163		(2) recommend to the referring court any order after a
156	164		trial on the merits.
157	165		Sec. 54A.311. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
158	166		ORDER OR JUDGMENT. If a request for a de novo hearing before the
159	167		referring court is not timely filed or the right to a de novo
160	168		hearing before the referring court is waived, the proposed order or
161	169		judgment of the associate judge for the guardianship proceeding or
162	170		protective services proceeding becomes the order or judgment of the
163	171		referring court by operation of law without ratification by the
164	172		referring court.
165	173		Sec. 54A.312. PERSONNEL. (a) The appointing presiding
166	174		judge of an administrative judicial region or appointing presiding
167	175		judges of the administrative judicial regions, by majority vote, as
168	176		applicable, may appoint the personnel needed to assist an associate
169	177		judge in implementing and administering this subchapter.
170	178		(b) The salaries of the personnel shall be paid from:
171	179		(1) money available from the federal government;
172	180		(2) county money available for payment of officers'
173	181		salaries, subject to the approval of the commissioners courts of
174	182		the counties in which the associate judge serves; or
175	183		(3) a combination of money specified by Subdivisions
176	184		(1) and (2).
177	185		Sec. 54A.313. SUPERVISION, TRAINING, AND EVALUATION OF
178	186		ASSOCIATE JUDGES. (a) The office of court administration shall
179	187		assist the presiding judges of the administrative judicial regions
180	188		in:
181	189		(1) monitoring associate judges' compliance with job
182	190		performance standards, uniform practices adopted by the presiding
183	191		judges, and federal and state laws and policies;
184	192		(2) addressing the training needs and resource
185	193		requirements of associate judges;
186	194		(3) conducting annual performance evaluations for
187	195		associate judges and other personnel appointed under this
188	196		subchapter based on written personnel performance standards
189	197		adopted by the presiding judges and performance information
190	198		solicited from the referring courts and other relevant persons; and
191	199		(4) receiving, investigating, and resolving
192	200		complaints about an individual associate judge or the associate
193	201		judge program under this subchapter based on a uniform process
194	202		adopted by the presiding judges.
195	203		(b) The office of court administration shall develop
196	204		procedures and a written evaluation form to be used by the presiding
197	205		judges in conducting the annual performance evaluations under
198	206		Subsection (a)(3).
199	207		(c) The office of court administration shall develop
200	208		caseload standards for associate judges to ensure adequate
201	209		staffing.
202	210		(d) Each judge of a court that refers guardianship
203	211		proceedings or protective services proceedings to an associate
204	212		judge under this subchapter may submit to the appropriate presiding
205	213		judges or the office of court administration information on the
206	214		associate judge's performance during the preceding year based on a
207	215		uniform process adopted by the presiding judges.
208	216		Sec. 54A.314. FUNDING AND PERSONNEL. (a) The office of
209	217		court administration may:
210	218		(1) contract for available county and federal money
211	219		from any available source; and
212	220		(2) employ personnel, including investigators,
213	221		auditors, court coordinators, and other judicial staff, necessary
214	222		to implement and administer this subchapter.
215	223		(b) The presiding judges of the administrative judicial
216	224		regions and counties may contract for federal money available from
217	225		any source to reimburse the costs and salaries of the associate
218	226		judges and personnel appointed under this subchapter and may also
219	227		use public or private grants.
220	228		(c) The presiding judges of the administrative judicial
221	229		regions and the office of court administration in cooperation with
222	230		other agencies shall take action necessary to maximize the amount
223	231		of federal money available to fund the use of associate judges under
224	232		this subchapter.
225	233		Sec. 54A.315. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
226	234		VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
227	235		authority of a presiding judge of an administrative judicial region
228	236		to assign a judge eligible for assignment under Chapter 74 to assist
229	237		in processing guardianship proceedings or protective services
230	238		proceedings in a reasonable time.
231	239		(b) If an associate judge appointed under this subchapter is
232	240		temporarily unable to perform the associate judge's official duties
233	241		because of absence resulting from family circumstances, illness,
234	242		injury, disability, or military service, or if a vacancy occurs in
235	243		the position of associate judge, the presiding judge of the
236	244		administrative judicial region, or the presiding judges of the
237	245		administrative judicial regions by majority vote, as applicable, in
238	246		which the associate judge serves or the vacancy occurs may appoint a
239	247		visiting associate judge to perform the duties of the associate
240	248		judge during the period the associate judge is unable to perform the
241	249		associate judge's duties or until another associate judge is
242	250		appointed to fill the vacancy.
243	251		(c) A person is not eligible for appointment under this
244	252		section unless the person has served for at least two years before
245	253		the date of appointment as an associate judge under this
246	254		subchapter, a district judge, a statutory county court judge, or a
247	255		statutory probate judge.
248	256		(d) A visiting associate judge appointed under this
249	257		section:
250	258		(1) is subject to each provision of this subchapter
251	259		that applies to an associate judge appointed under this subchapter;
252	260		(2) is entitled to compensation in the amount
253	261		determined by a majority vote of the presiding judges of the
254	262		administrative judicial regions using money available under this
255	263		subchapter; and
256	264		(3) is not considered a state employee for any
257	265		purpose.
258	266		(e) Section 2252.901 does not apply to the appointment of a
259	267		visiting associate judge under this section.
260	268		Sec. 54A.316. LIMITATION ON LAW PRACTICE. An associate
261	269		judge appointed under this subchapter may not engage in the private
262	270		practice of law.
263	271		Sec. 54A.317. IMMUNITY. An associate judge appointed under
264	272		this subchapter has the judicial immunity of a district judge. All
265	273		existing immunity granted an associate judge by law, express or
266	274		implied, continues in full force and effect.
267	275		SECTION 2. This Act takes effect September 1, 2021.
268		-	______________________________ ______________________________
269		-	President of the Senate Speaker of the House
270		-	I certify that H.B. No. 79 was passed by the House on April
271		-	13, 2021, by the following vote: Yeas 147, Nays 1, 1 present, not
272		-	voting; and that the House concurred in Senate amendments to H.B.
273		-	No. 79 on May 28, 2021, by the following vote: Yeas 143, Nays 0, 1
274		-	present, not voting.
275		-	______________________________
276		-	Chief Clerk of the House
277		-	I certify that H.B. No. 79 was passed by the Senate, with
278		-	amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
279		-	0.
280		-	______________________________
281		-	Secretary of the Senate
282		-	APPROVED: __________________
283		-	Date
284		-	__________________
285		-	Governor
	276	+	* * * * *