Texas 2023 - 88th Regular

Texas House Bill HB2272 Compare Versions

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1	1	88R6599 AMF-F
2	2	By: Swanson H.B. No. 2272
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to associate judges and Department of Family and
8	8	Protective Services representation in child protection court
9	9	proceedings.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 201.201, Family Code, is amended by
12	12	amending Subsection (b-1) and adding Subsection (b-2) to read as
13	13	follows:
14	14	(b-1) Before reappointing an associate judge appointed
15	15	under Subsection (b), the presiding judge must notify each judge of
16	16	the courts from which cases will be referred to the associate judge
17	17	of the presiding judge's intent to reappoint the associate judge to
18	18	another term. Each judge may submit to the presiding judge a
19	19	recommendation on whether the associate judge should be
20	20	reappointed. A presiding judge may not reappoint an associate judge
21	21	to serve more than two terms.
22	22	(b-2) An associate judge appointed under this subchapter is
23	23	not eligible for appointment to and may not serve more than two
24	24	terms as an associate judge under this subchapter.
25	25	SECTION 2. Section 201.2021, Family Code, is amended to
26	26	read as follows:
27	27	Sec. 201.2021. QUALIFICATIONS. (a) To be eligible for
28	28	appointment under this subchapter, a person must:
29	29	(1) be a citizen of the United States;
30	30	(2) [,] have resided in this state for the two years
31	31	preceding the date of appointment;
32	32	(3) have successfully completed at least 25 hours of
33	33	continuing education in civil trial law, child welfare law, family
34	34	law, or child protective investigations and child protective
35	35	services programs; [,] and
36	36	(4) either be:
37	37	(A) [(1)] eligible for assignment under Section
38	38	74.054, Government Code, because the person is named on the list of
39	39	retired and former judges maintained by the presiding judge of the
40	40	administrative region under Section 74.055, Government Code; or
41	41	(B) [(2)] licensed to practice law in this state
42	42	and have been a practicing lawyer for at least 10 years and for at
43	43	least [in this state, or a judge of a court in this state who is not
44	44	otherwise eligible under Subdivision (1), for the] four years in
45	45	this state preceding the date of appointment.
46	46	(b) An associate judge appointed under this subchapter
47	47	shall during the term of appointment reside in the [administrative
48	48	judicial region, or a] county [adjacent to the region,] in which the
49	49	court to which the associate judge is appointed is located. An
50	50	associate judge appointed to serve in two or more courts
51	51	[administrative judicial regions] may reside in any county in which
52	52	one of the courts is located [anywhere in the regions].
53	53	(c) A person is not eligible for appointment under this
54	54	subchapter if the person:
55	55	(1) was a state employee for the Department of Family
56	56	and Protective Services or represented a party or a child in a suit
57	57	under Subtitle E in the five years preceding the date of
58	58	appointment;
59	59	(2) has been removed from office by impeachment, by
60	60	the supreme court, by the governor on address to the legislature, by
61	61	a tribunal reviewing a recommendation of the State Commission on
62	62	Judicial Conduct, or by the legislature's abolition of the judge's
63	63	court; or
64	64	(3) resigned or retired from judicial office:
65	65	(A) after receiving notice from the State
66	66	Commission on Judicial Conduct of the commencement of a full
67	67	investigation under Section 33.022, Government Code, into an
68	68	allegation or appearance of misconduct or disability of the judge;
69	69	and
70	70	(B) before the final disposition of that
71	71	investigation.
72	72	SECTION 3. Subchapter C, Chapter 201, Family Code, is
73	73	amended by adding Sections 201.2022, 201.2045, and 201.2062 to read
74	74	as follows:
75	75	Sec. 201.2022. CONFLICT OF INTEREST. An associate judge
76	76	appointed under this subchapter may not participate in any activity
77	77	a reasonable, prudent person would believe would create a conflict
78	78	of interest that impairs the associate judge's ability to act
79	79	impartially as an associate judge during the appointed term.
80	80	Sec. 201.2045. RECUSAL. An associate judge appointed under
81	81	this subchapter shall recuse himself or herself from presiding over
82	82	any proceeding involving a person or entity, other than the
83	83	Department of Family and Protective Services, that:
84	84	(1) the associate judge represented in a proceeding
85	85	under this code; or
86	86	(2) was a party to a suit under this code, other than a
87	87	suit under Subtitle E, over which the associate judge presided
88	88	before appointment as an associate judge under this subchapter.
89	89	Sec. 201.2062. COMPLAINTS ABOUT ASSOCIATE JUDGES. (a) A
90	90	person may file a written complaint against an associate judge
91	91	appointed under this subchapter with:
92	92	(1) the office of court administration or the State
93	93	Commission on Judicial Conduct, in the form and manner prescribed
94	94	by those agencies; or
95	95	(2) the regional presiding judge that appointed the
96	96	associate judge, in the form and manner prescribed by the presiding
97	97	judge.
98	98	(b) The office of court administration or the State
99	99	Commission on Judicial Conduct shall forward a copy of each
100	100	complaint against an associate judge appointed under this
101	101	subchapter that is filed to the presiding judge that appointed the
102	102	associate judge.
103	103	SECTION 4. Section 264.009(a), Family Code, is amended to
104	104	read as follows:
105	105	(a) Except as provided by Subsection (b), (c), or (f), in
106	106	any action under this code, the department shall be represented in
107	107	court by the county attorney or criminal district attorney of the
108	108	county where the action is brought, unless the district attorney
109	109	[or criminal district attorney] of the county elects to provide
110	110	representation. If the county attorney or criminal district
111	111	attorney is unable to represent the department in an action under
112	112	this code because of a conflict of interest or other special
113	113	circumstance, and the county has a district attorney, the district
114	114	attorney of the county shall represent the department in the
115	115	action.
116	116	SECTION 5. Section 264.009(e), Family Code, is repealed.
117	117	SECTION 6. This Act takes effect September 1, 2023.