Texas 2021 - 87th Regular

Texas Senate Bill SB691 Compare Versions

Only one version of the bill is available at this time.

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1	1	87R2461 CAE-F
2	2	By: Zaffirini S.B. No. 691
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 with
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 the courts described by Subsection (a) require
50	50	the appointment of an associate judge, the presiding judge shall
51	51	appoint an associate judge from a list of applicants who submit an
52	52	application to the office of court administration and meet the
53	53	qualifications prescribed by Section 54A.305. Before making the
54	54	appointment, the presiding judge must provide the list to each
55	55	judge of a court from which guardianship proceedings or protective
56	56	services proceedings will be referred to the associate judge. Each
57	57	of those judges and the presiding judge of the statutory probate
58	58	courts may recommend to the presiding judge of the administrative
59	59	judicial region one or more of the listed applicants for
60	60	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 a
69	69	recommendation on whether the associate judge should be
70	70	reappointed.
71	71	(d) An associate judge appointed under this subchapter
72	72	serves the courts to which this subchapter applies in the
73	73	administrative judicial region that are specified by the appointing
74	74	presiding judge. Two or more presiding judges of administrative
75	75	judicial regions may jointly appoint one or more associate judges
76	76	under this subchapter to serve specified courts to which this
77	77	subchapter applies in the presiding judges' regions.
78	78	Sec. 54A.305. QUALIFICATIONS. (a) To be eligible for
79	79	appointment as an associate judge under this subchapter, a person
80	80	must:
81	81	(1) be a citizen of the United States;
82	82	(2) be a resident of this state for the two years
83	83	preceding the date of appointment; and
84	84	(3) be:
85	85	(A) eligible for assignment under Section 74.054
86	86	because the person is named on the list of retired and former judges
87	87	maintained by the presiding judge of the administrative judicial
88	88	region under Section 74.055;
89	89	(B) eligible for assignment under Section
90	90	25.0022 by the presiding judge of the statutory probate courts; or
91	91	(C) licensed to practice law in this state and
92	92	have at least four years of experience in guardianship proceedings
93	93	or protective services proceedings before the date of appointment
94	94	as a practicing attorney in this state or a judge of a court in this
95	95	state.
96	96	(b) An associate judge appointed under this subchapter to
97	97	serve in one administrative judicial region shall, during the term
98	98	of appointment, reside in that region or in a county adjacent to
99	99	that region. An associate judge appointed to serve in two or more
100	100	administrative judicial regions may reside anywhere in the regions.
101	101	Sec. 54A.306. TERM OF APPOINTMENT; TERMINATION. (a) An
102	102	associate judge appointed under this subchapter serves for a term
103	103	of four years from the date the associate judge is appointed and
104	104	qualifies for office.
105	105	(b) The appointment of an associate judge for a term does
106	106	not affect the at-will employment status of the associate judge. An
107	107	appointing presiding judge of an administrative judicial region or
108	108	the successor presiding judge of the region may terminate the
109	109	associate judge's appointment at any time.
110	110	Sec. 54A.307. COMPENSATION OF ASSOCIATE JUDGE. (a) An
111	111	associate judge appointed under this subchapter is entitled to a
112	112	salary in an amount equal to 90 percent of the salary paid to a
113	113	district judge as set by the General Appropriations Act.
114	114	(b) The associate judge's salary shall be paid from:
115	115	(1) money available from the state and federal
116	116	governments as provided by this subchapter;
117	117	(2) county money available for payment of officers'
118	118	salaries, subject to the approval of the commissioners courts of
119	119	the counties in which the associate judge serves; or
120	120	(3) a combination of money specified by Subdivisions
121	121	(1) and (2).
122	122	Sec. 54A.308. DESIGNATION AND RESPONSIBILITIES OF HOST
123	123	COUNTY. (a) Subject to the approval of the commissioners court of
124	124	the proposed host county:
125	125	(1) the appointing presiding judge of the
126	126	administrative judicial region shall determine the host county of
127	127	an associate judge appointed to serve in one administrative
128	128	judicial region; and
129	129	(2) the appointing presiding judges of the
130	130	administrative judicial regions shall by majority vote determine
131	131	the host county of an associate judge appointed to serve in more
132	132	than one administrative judicial region.
133	133	(b) The host county shall provide an adequate courtroom and
134	134	quarters, including furniture, necessary utilities, and telephone
135	135	equipment and service, for the associate judge and other personnel
136	136	assisting the associate judge.
137	137	(c) Except as provided by Section 54A.305(b), an associate
138	138	judge is not required to reside in the host county.
139	139	Sec. 54A.309. METHODS OF REFERRAL. Guardianship
140	140	proceedings or protective services proceedings shall be referred to
141	141	an associate judge appointed under this subchapter by:
142	142	(1) a general order issued by the judge of each court
143	143	the associate judge is appointed to serve; or
144	144	(2) in the absence of an order described by
145	145	Subdivision (1), a general order issued by the presiding judge or
146	146	judges of the administrative judicial region or regions who
147	147	appointed the associate judge.
148	148	Sec. 54A.310. GENERAL POWERS OF ASSOCIATE JUDGE. (a) On
149	149	the motion of a party or the associate judge, an associate judge may
150	150	return a complex guardianship proceeding to the referring court for
151	151	final disposition after recommending temporary orders for the
152	152	protection of a ward.
153	153	(b) An associate judge may:
154	154	(1) render and sign any pretrial order; and
155	155	(2) recommend to the referring court any order after a
156	156	trial on the merits.
157	157	Sec. 54A.311. JUDICIAL ACTION ON ASSOCIATE JUDGE'S PROPOSED
158	158	ORDER OR JUDGMENT. If a request for a de novo hearing before the
159	159	referring court is not timely filed or the right to a de novo
160	160	hearing before the referring court is waived, the proposed order or
161	161	judgment of the associate judge for the guardianship proceeding or
162	162	protective services proceeding becomes the order or judgment of the
163	163	referring court by operation of law without ratification by the
164	164	referring court.
165	165	Sec. 54A.312. PERSONNEL. (a) The appointing presiding
166	166	judge of an administrative judicial region or appointing presiding
167	167	judges of the administrative judicial regions, by majority vote, as
168	168	applicable, may appoint the personnel needed to assist an associate
169	169	judge in implementing and administering this subchapter.
170	170	(b) The salaries of the personnel shall be paid from:
171	171	(1) money available from the state and federal
172	172	governments as provided by this subchapter;
173	173	(2) county money available for payment of officers'
174	174	salaries, subject to the approval of the commissioners courts of
175	175	the counties in which the associate judge serves; or
176	176	(3) a combination of money specified by Subdivisions
177	177	(1) and (2).
178	178	Sec. 54A.313. SUPERVISION, TRAINING, AND EVALUATION OF
179	179	ASSOCIATE JUDGES. (a) The office of court administration shall
180	180	assist the presiding judges of the administrative judicial regions
181	181	in:
182	182	(1) monitoring associate judges' compliance with job
183	183	performance standards, uniform practices adopted by the presiding
184	184	judges, and federal and state laws and policies;
185	185	(2) addressing the training needs and resource
186	186	requirements of associate judges;
187	187	(3) conducting annual performance evaluations for
188	188	associate judges and other personnel appointed under this
189	189	subchapter based on written personnel performance standards
190	190	adopted by the presiding judges and performance information
191	191	solicited from the referring courts and other relevant persons; and
192	192	(4) receiving, investigating, and resolving
193	193	complaints about an individual associate judge or the associate
194	194	judge program under this subchapter based on a uniform process
195	195	adopted by the presiding judges.
196	196	(b) The office of court administration shall develop
197	197	procedures and a written evaluation form to be used by the presiding
198	198	judges in conducting the annual performance evaluations under
199	199	Subsection (a)(3).
200	200	(c) The office of court administration shall develop
201	201	caseload standards for associate judges to ensure adequate
202	202	staffing.
203	203	(d) Each judge of a court that refers guardianship
204	204	proceedings or protective services proceedings to an associate
205	205	judge under this subchapter may submit to the appropriate presiding
206	206	judges or the office of court administration information on the
207	207	associate judge's performance during the preceding year based on a
208	208	uniform process adopted by the presiding judges.
209	209	Sec. 54A.314. FUNDING AND PERSONNEL. (a) The office of
210	210	court administration may:
211	211	(1) contract for available county, state, and federal
212	212	money from any available source; and
213	213	(2) employ personnel, including investigators,
214	214	auditors, court coordinators, and other judicial staff, necessary
215	215	to implement and administer this subchapter.
216	216	(b) Personnel employed under this section are state
217	217	employees for all purposes, including accrual of leave time,
218	218	insurance benefits, retirement benefits, and travel regulations.
219	219	(c) The presiding judges of the administrative judicial
220	220	regions, state agencies, and counties may contract for federal
221	221	money available from any source to reimburse the costs and salaries
222	222	of the associate judges and personnel appointed under this
223	223	subchapter and may also use available state money and public or
224	224	private grants.
225	225	(d) The presiding judges of the administrative judicial
226	226	regions and the office of court administration in cooperation with
227	227	other agencies shall take action necessary to maximize the amount
228	228	of federal money available to fund the use of associate judges under
229	229	this subchapter.
230	230	Sec. 54A.315. ASSIGNMENT OF JUDGES AND APPOINTMENT OF
231	231	VISITING ASSOCIATE JUDGES. (a) This subchapter does not limit the
232	232	authority of a presiding judge of an administrative judicial region
233	233	to assign a judge eligible for assignment under Chapter 74 to assist
234	234	in processing guardianship proceedings or protective services
235	235	proceedings in a reasonable time.
236	236	(b) If an associate judge appointed under this subchapter is
237	237	temporarily unable to perform the associate judge's official duties
238	238	because of absence resulting from family circumstances, illness,
239	239	injury, disability, or military service, or if a vacancy occurs in
240	240	the position of associate judge, the presiding judge of the
241	241	administrative judicial region, or the presiding judges of the
242	242	administrative judicial regions by majority vote, as applicable, in
243	243	which the associate judge serves or the vacancy occurs may appoint a
244	244	visiting associate judge to perform the duties of the associate
245	245	judge during the period the associate judge is unable to perform the
246	246	associate judge's duties or until another associate judge is
247	247	appointed to fill the vacancy.
248	248	(c) A person is not eligible for appointment under this
249	249	section unless the person has served for at least two years before
250	250	the date of appointment as an associate judge under this
251	251	subchapter, a district judge, a statutory county court judge, or a
252	252	statutory probate judge.
253	253	(d) A visiting associate judge appointed under this
254	254	section:
255	255	(1) is subject to each provision of this subchapter
256	256	that applies to an associate judge appointed under this subchapter;
257	257	(2) is entitled to compensation in the amount
258	258	determined by a majority vote of the presiding judges of the
259	259	administrative judicial regions using money available under this
260	260	subchapter; and
261	261	(3) is not considered a state employee for any
262	262	purpose.
263	263	(e) Section 2252.901 does not apply to the appointment of a
264	264	visiting associate judge under this section.
265	265	Sec. 54A.316. LIMITATION ON LAW PRACTICE. An associate
266	266	judge appointed under this subchapter may not engage in the private
267	267	practice of law.
268	268	Sec. 54A.317. IMMUNITY. An associate judge appointed under
269	269	this subchapter has the judicial immunity of a district judge. All
270	270	existing immunity granted an associate judge by law, express or
271	271	implied, continues in full force and effect.
272	272	SECTION 2. This Act takes effect September 1, 2021.